TC Minutes 11-09-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 9, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake
Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:50 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development
Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer Justin Hildreth,
as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Wolfe noted that there were no additions or changes to the agenda. The Town Attorney
noted that there were no conflicts of interest.
COMMUNITY INPUT
a. Email from Andy Kaufman, Wildridge Resident, addressing Conditions on Wildridge &
Metcalf Road dated 10/27/10. Jenny Strehler and Gary Padilla commented on the status of
the snowplowing services provided by the town.
b. Additional Public Comments on the Avon Development Code (Ordinance No. 10 -14)
(Letters)
✓ Dominic Mauriello, Mauriello Planning Group, email dated 11/3/10
✓ Linn Brooks, Eagle River Water & Sanitation District, letter dated 11/3/10
c. Public Hearing on 2011 Budgets (Scott Wright, Assistant Town Manager Finance) Receive public
input on Town of Avon's budgets
Scott Wright provided updates on some of the highlights from the 2011 budget:
✓ the issuance of the certificates of participation
✓ Use of enhancement funds for 2015 ski championships
✓ Noted that the year end fund balance would be at the 35% reserves
Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed.
d. Community Heat Recovery Project Update on "Opening Celebration" (Justin Hildreth, Town
Engineer) Review project completion dates and noted the celebration date as January 11,
2011.
CONSENT AGENDA
Mayor Pro Tern Sipes asked for a motion on the consent agenda. There was some discussion
about letter c) fleet services agreements, and Councilor Ferraro asked that the service
agreements address a revised structure that would include a minimal level of service; it was
agreed that there should be language that would address this exclusivity. Councilor Ferraro
moved to approve the fleet service agreements with the condition that the town attorney include
some minimum requirements of use by the party entering into the agreement; Mayor Pro Tern
Sipes seconded the motion and it passed unanimously.
c. Fleet Services Agreements (Dan Higgins, Fleet Manager) Proposed fleet services agreements
for the following agencies: Eagle River Fire Protection District, Beaver Creek. Metro District
Buses, Eagle County Ambulance District, Eagle River Water & Sanitation District, Beaver Creek
Metro Public Works, Eco Transit, Town of Minturn, Western Eagle County Ambulance District,
Town of Redcliff, Vail Valley Foundation, Greater Eagle Fire Protection District, ECO Hazmat
Team, and the Gypsum Fire Protection District for vehicle maintenance
Councilor Ferraro moved to approve the other items on the consent agenda; Councilor Carroll
seconded the motion and it passed unanimously.
a. Minutes from October 26, 2010
b. Micro Tech -Tel Agreement (Scott Wright, Assistant Town Manager Finance) Agreement for the
main PRI T -1 circuit which is the line that carries all telephone numbers
ORDINANCES
Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon
Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16:
Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and
Personnel. Town Attorney Eric Heil spoke about the dilemma that existed with the public
hearing notice of the agenda on the ordinance, and the fact that the hearing was officially closed
at the last meeting. He noted that it wasn't necessary to open the hearing for input, but it would
be in compliance with the notice. The public was then asked if there were any comments, none
were made. With no further discussion on the proposed code, Councilor Phillips moved to
approve Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the
Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16:
Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and
Personnel with the revisions submitted by the Town Attorney dated November 4, 2010 (see
attached memo). Councilor Ferraro seconded the motion and it passed with a five to one vote
( Dantas nay). When asked, Councilor Dantas noted that he was not comfortable with the
employee housing mitigation language.
Matt Pielsticker, Planner II, presented Ordinance No. 10 -19, Series of 2010, First Reading,
Ordinance Approving Chateau St. Claire PUD Amendment with a review of the proposed
ordinance amending PUD to remove requirement that prohibits dogs on the property. After brief
discussion Councilor Dantas moved to approve Ordinance No. 10 -19, Series of 2010, First
Reading, Ordinance Approving Chateau St. Claire PUD Amendment; Mayor Pro Tem Sipes
seconded the motion and it passed unanimously.
MAYOR REPORT
Mayor Wolfe provided an update on the US Forest Service multi party land exchange. He noted
that Eagle County may be taking a different position on the matter which would jeopardize
Avon's position in the land exchange. It was noted that some of the materials would be
uploaded to the town's website to better provide the documents to its citizenry.
Mayor Pro Tern Sipes thanked everyone he has worked with over the years noting how great it
has been to be a part of the Avon community and his pleasure in working with the town staff.
There being no further business to come before the Council, the regular meeting adjourned at
6:45 PM.
RESPECTFULLY SUBMITTED:
tt Mc enny, Tbwn C1,40,
Regular Council Meeting Page 2 of 3
10.11.09.doc
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynold:
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
10.11.09.doc
HEIL LAW
&t PLANNING LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: November 4, 2010
SUBJECT: 2 "d and Final Reading of Ord. No. 10 -14 Adopting the Avon
Development Code
Summary: Town Council provided direction on a number of revisions to the Avon
Development Code at the last Town Council meeting. The revisions are been re- printed
in comparison form to the code sections which they are amending for your convenience.
The Avon Town Council closed the public hearing on October 26, 2010 and did not take
any action to continue the public hearing to the November 9, 2010 Town Council
meeting. Therefore, if the Town Council desired to consider and accept more public
comments, technically the Town should re- notice a public hearing before the Town
Council.
Proposed Motion: "I move to approve Ordinance No. 10 -14 AN ORDINANCE
AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON
DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE
17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND
PERSONNEL on second and final reading with the revisions listed in Eric Heil's
memorandum dated November 4, 2010."
Revisions: The proposed revisions are attached to this memorandum as Appendix A
to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon
Development Code.
Thanks, Eric
Neil Law & Planning, u.0 Eric Hell, Esq.. A L.C.P
2696 S. Colorado Blvd., Suite 550 Tel: 303.975 6120
Denver, Co 80222 ericheillaw @gmaii.com
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 1 of 5
Section 7.08 (Page 23)
Basement means that aFea NV c c- e flee- to ei1 <n,. i fight --is- y
peFeeat (501%) or- mere below 4he-pr-a
existing,
mere than feur- `n1 " e+ above +���:�ic_� rnjB-- Tr�'iE3sG -ui� t Ft baseffwat
shall be desi^„ -A i: �e=�sthe definition of Basement as set forth in the most
recent version of the International Building Code adopted by the Town
Section 7.16.060 (Page 61 -62)
(a) Eligibility Criteria. All of the following criteria must be met for a property to
be eligible to apply for PUD approval.
(1) Property Eligible. All properties within the Town of Avon are eligible to
apply for PUD approval.
(2) Consistency with Comprehensive Plan. The proposed development shall
be consistent with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be
consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not
impede the continued use or development of surrounding properties for uses that are
permitted ,,i��n,� the Development Code or planned for in the Avon Comprehensive Plan.
7
single owner-ship er- unified eentrel, sueh that thefe is a single enfit-y havin
q nsfer- of ownership r eent el. .;de that f 'i �
r t r >au� ivmains.
_Public Benefit. A recognizable and material benefit will be realized by
both the future residents and the Town as a whole through the establishment of a
PUD, where such benefit would otherwise be infeasible or unlikely.
ql Preservation of Site Features. Long -term conservation of natural,
historical, architectural, or other significant features or open space will be achieved,
where such features would otherwise be destroyed or degraded by development as
permitted by the underlying zoning district.
t:7 i Sufficient Land Area for Proposed Uses. Sufficient land area has been
provided to comply with all applicable regulations of the Development Code, to
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 2 of 5
adequately serve the needs of all permitted uses in the PUD projects, and to ensure
compatibility between uses and the surrounding neighborhood.
Section 7.20.100 (Page 96 -97)
7.20.010 Employee Housing Mitigation.
(a) When applicable, employee housing mitigation shall be provided in accordance
with these standards:
(1) To determine the number of employee housing units that must be provided,
the following formula shall be used:
Commercial
Factor
Calculation
Size of Development
Leasable Square Feet
Jobs generated
2.8 per 1,000 SF
Rate x SF /1,000
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated/ 1.8
Units required
10% mitigation
Households generated x
10%
Lodging and Property Management
Size of development
# of Rooms or # of Units
Jobs generated
Lodge/Hotel — 0.8/Room;
Prop. Management —
0.4/Unit
# of rooms x 0.8
# of units x 0.4
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated / 1.8
Units required
10% mitigation
Households generated x
10%
Note: The required employee housing mitigation shall be rounded to the nearest whole
number
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 3 of 5
(2) Employee housing units shall be located on -site. The applicant may propose
alternatives to on -site employee housing mitigation in accordance with the alternative
equivalent compliance process set forth in §7.16.120. When considering proposals
for off -site employee housing, preference shall be given to locations closer to the
applicant's property, locations in the Town of Avon, and locations which are served
by mass transit.
(3) Employee housing units shall be owned by the owner of the commercial
space for which the employee housing units serve and shall be used exclusively by
employees of such commercial space; or, employee housing units shall be offered for
sale subject to a deed restriction that restricts the appreciation of price and which
restricts eligible buyers and renters in accordance with the form of price controlled
housing deed restriction adopted by the Town of Avon. Applicants may voluntarily
propose to meet the employee housing units with rent controlled units through the
alternative equivalent compliance process.
(4) Employee housing mitigation shall be satisfied by providing one (1)
residential studio unit, one (I) bedroom in a residential unit or any combination
thereof, for each required employee housing unit of mitigation The minimum size
for a studio unit shall be five hundred (500) square feet and the minimum size for a
one (1) bedroom residential unit shall be seven hundred and fifty (750) square feet
Section 7.28.030(d)(9)(iii) (Page 130)
(iii) The driveway shall be oriented perpendicular (not to exceed an 11
degree deflection) to the roadway for the first twenty (20) feet measured from the
edge of asphalt of the adjoining street. The driveway shall be oriented between
forty -five (45) and one - hundred and thirty -five (135) degrees crossing through
any remaining ROW and snow storage easement. Centerline tangent points shall
be used for determining access orientation on curves.
Section 7.28.050(h)(1)(iii) (Page 142)
(iii) All native landscaping, dead @r- shall be kept in its native state
Section 7.28.090(a)(9) (Page 150)
(8) To ensure that the architectural design of structures and their materials and
colors are compatible with the Town's overall appearance, surrounding development,
natural and existing landforms, and the officially approved development plans, if any,
for the areas in which the structures are proposed to be located,; —ate
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 4 of 5
VI T O ells'-''_'-„ -d, n+ ept4 i r.l selaf ¢riFI- �3FtlF1 1 •1 i,.i '� a uii �z lam-- 'L12'ia
Section 7.28.090(c)(2)(v) (Page 151)
(v) Buildings shall be oriented to optimize solar access evYcs , e �
Section 7.28.090(d)(4) (Page 153)
(4) Materials and Colors. The e -, -- between buildings and
-11-11 'L ri,;,,imiz -ed A building's color and materials shall complement
and blend with the predominant colors and values of the surrounding natural
environment.
Section 7.28.090(j)(4)(vii)(D) (Page 163)
(D) The primary access to Ret�retail spaces on Benchmark Road, Main
Street, and W. Beaver Creek Boulevard; shall be uc °�: ? �--eet?y from the
sidewalk���fh�-
Section 7.28.090(j)(4)(vii)(H) (Page 163)
(H) Public doors and entryways shall be a combination of glass and
metal or wood, or solid wood.- All gasp all =n-r,- -ter —a �fo�_b #ed.
Section 7.28.090(j)(4)(viii)(B) (Page 164)
(B) Masonry and stone veneer. Masonry and stone veneer walls
should be detailed as masonry bearing walls, especially at corners and
windows and door openings. —B-iek and etA pert° ld bw laid 4-4-
Section 7.28.090(j)(4)(ix)(H)(1)
(1) «'4 -- Openings shall be speeifiea l designed to contribute
to the image and form of new buildings.
Section 7.28.090(j)(4)(ix)(H)(3)
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 5 of 5
(3) Upper floors shall be differentiated through the use of more solid
areas then voids and with smaller vertically oriented windows in a regular
pattern. Windows should a
of u of f eades �4sibla from publie mss- ef way and l la reflect a
rhythm, scale and proportion compatible with the overall building design.