TC Minutes 10-14-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 14, 2008
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and
Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town
Manager Finance Scott Wright, Assistant Town Manager Community Development Eric
Heidemann as well as members of the public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
There were none.
COMMUNITY INPUT
Missy Feldman, owner of Radio Shack, expressed concerns about the Avon 21 project.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda.
a. Minutes from September 23, 2008
b. Contract Parking Agreement with ECO Transit
c. Change Order 006, 2007 Street Improvements
d. Ground Engineering Proposal for Testing at the Recreation Center Remodel
Mayor Pro Tern Sipes moved to approve the consent; Councilor Underwood seconded the
motion and it passed unanimously.
RESOLUTIONS
Justin Hildreth, Town Engineer, presented Resolution No. 08-35. Series of 2008, Resolution
Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado. He noted that this was a review of Lot 61 PUD
Final Plat and a proposal to vacate the plat. He presented the history surrounding the project
describing the 2004 approval which allowed for a site specific development plan that allowed the
building to encroach over and under the 50 foot right of way. Two final plats were approved and
recorded; the first one dedicated the 50 foot right of way along with a 20 foot wide transportation
hub easement on the south side of the property. The second final plat created a three
dimensional subdivision that outlined how the building could encroach over and under the 50
foot right of way. Note 9 was added to the second final plat stating that the final plat could be
vacated and revert to the first final plat if the development did not proceed. The PUD was
contested in court and was declared invalid; therefore the development cannot proceed as
approved. Staff requested the council approve this resolution No. 08-35 which would vacate the
second final plant and revert to the first final plat to protect the Town's investment in Lettuce
Shed Lane planned for construction in 2009. After some follow-up questions and comments a
motion was made. Eric Heil noted that the process followed is outlined per the code book.
Mayor Pro Tern Sipes moved to approve Resolution No. 08-35. Series of 2008, Resolution
Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it
passed unanimously.
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
Public Hearing on Planning and Zoning Resolution No. 08-06, Series of 2008, Resolution
Recommending Denial To The Avon Town Council Of A Rezoning Application To Rezone From
The Town Center (TC) Zoning Designation To A New Planned Unit Development (PUD) For
Lots 21, 65a, 65b, Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision,
which is described as follows:
Property Location: Lots 21, 65A, 65B, Tract Q, and Parcel TK-3, Block 2, Benchmark at Beaver
Creek Subdivision / 62, 68, and 182 Benchmark Road
Applicant/ Owner. E.A.H., LLC
Description: The applicant, Pedro Campos of the Vail Architecture Group, representing the owner of the
property, EAH, LLC, is proposing a new Planned Unit Development (PUD) and a concurrent Preliminary
Plan for Subdivision on a new redevelopment site comprised of a reconfiguration of the properties listed
above, which are currently zoned Town Center (TC), and wherefrom the existing buildings would be
scraped. The proposed PUD is envisioned to be a contemporary mixed-use development including retail
space, office space, residential and lodging uses vertically integrated within three new buildings to be
located on the site.
Matt Gennett, Planning Manager, presented the PUD application as submitted to the Town
Council in a notebook that included the following documents:
Staff Memo ♦ Vicinity Map a Minutes from numerous P&Z meetings ♦ P&Z Resolution No.
08-06 recommending denial to the Avon town Council of a rezoning application, etc. o the
Avon 21 PUD / Subdivision Application ♦ Schematics from the Preliminary Development
Summary, Responses from several referral agencies, including ERFPD, ERWSD, Comcast,
Xcel Energy, etc. ♦ Avon 21 Financial Impacts to Town of Avon submitted by Stan Bernstein
♦ Correspondence from VAg, Inc. Pedro Campos, a a model development agreement.
He noted that the recommendation was from both staff & the P&Z Commission for denial of the
application because the burden of proof has not yet been met by the applicant. He noted that
there were concerns outlined in Resolution No. 08-06 that addressed numerous design criteria
that were not complied with. Mr. Gennett spent time relaying comments from the minutes of the
P&Z commission. It was noted that Council options included approval, approval with conditions,
denial or tabling.
Brian Judge representing Orion Development noted that the project has been developed over
the last four years. He noted that it has been a difficult process trying to figure out where to
start and the need to understand what the town wants in east Avon. He admitted to not having
all the details in order, but in some respects the applicant wasn't sure it was necessary at this
time to produce those items. He noted that the 10/8/08 letter does not request a tabling of the
application. He would like to move through a series of meetings in order to further develop the
project. He did not want to stop the process with P&Z and was hoping to understand the
specifics Council wanted for the project. The following P&Z members commented on the
process and the project:
❖ Todd Goulding commented on the processing of the application, noting that as the
Commission asked for some types of changes, there were never any efforts made to
revise the application.
❖ Chris Evans: spoke about having the appropriate tools and that basically the applicant
did not respond to request made by the commission
❖ Leslie Roubos: commented that the applicant never came back with responses to the
commissions' requests
❖ Scott Prince: commented that he'd like to have this application back on their table, there
was never a good back & forth dialogue, asked that all three groups meet on the
application, thought the tools were vague
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08-10-14
❖ Chris Green: thought that the applicant had a plan on the table & that was the end of it,
there were no responses to their requests
❖ Pedro Campos, VAg, Inc., noted that some additional documents that were completed.
Mayor Wolfe opened the public hearing asking for comments from the public; the following
people addressed Council:
❖ Kent Beidel, owner Loaded Joes, attended six of the meetings and noted that he thinks
the comments were heard but not really addressed, ie parking.
❖ Leslie Roubos, resident of Avon and Member of P&Z, concerned about small businesses
being able to survive
❖ Mindy Feldman, owned Radio Shack for 23 years and concerned about the small
businesses
Some discussion ensued about the process and fees for the application. Mayor Wolfe closed
the public hearing. Council comments were heard at this time:
❖ Underwood: no way that the commission should or would approve a deal where they do
not have the detailed analysis that includes some level of specificity; very strongly
support denying the application
❖ Sipes: requested that water be treated as a condition and absolutely identified, this
redevelopment is positive for the town, the ideas are young and need more negotiation
❖ Carroll: supported denial of the application and that the applicant should resubmit
❖ Ferraro: noted that P&Z is equipped to do this analysis, does not like that it is too big,
prefers a smaller scale in density & height, need a better ratio of public benefit to
impacts, would like affordable housing, neutral about the architecture
❖ Phillips: supports denying the application, has business concerns for the future
residents, concerned about transportation
❖ Dantas: concerns with both east & west avon becoming too resort & not enough loca[
businesses in the area, doesn't want a big hotel with conference room, would like to see
something more similar to Riverwalk, doesn't like contemporary architecture
❖ Wolfe: should have continued the negotiation of this project at the P&Z level; supports
the denial of the application, staff can decide whether or not a pre application meeting
should take place in the future, use of URA tax increment financing with the project,
before the project is approved they want to know what it looks like
❖ Brooks: prefers to start over with a draft development agreement that outlines business
points, staff will be specific about recommendations for lobby area and role of front
desks, does not want unified ownership of the front desk area
Councilor Phillips moved to deny the Rezoning Application To Rezone From The Town Center
(TC) Zoning Designation To A New Planned Unit Development (PUD) For Lots 21, 65a, 65b,
Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision as recommended
by the Planning & Zoning Commission. Mayor Pro Tern Sipes seconded the motion and it
passed unanimously.
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08-10-14
TOWN MANAGER
Town Manager Larry Brooks commented on the Governor's Energy Office award of the grant
funding for the heat recovery project; he thanked Jenny Strehler and the Water and Sanitation
District for their cooperative effort in this venture.
MAYORS REPORT
Mayor Wolfe commented on the Eagle County Land Trust Exchange. He noted that the project
will be before the Eagle County Open Space Advisory Board to request some funding for
acquisition costs.
There being no further business to come before the Council, the meeting was adjourned at
7:50 PM.
RESPECTFULLY SUBMITTED:
t► ' lC
Patty M ny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
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