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TC Minutes 02-23-19930 9 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 23, 1993 - 7:30 P.M. The regular meeting of the Avon Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Albert Reynolds at 7:43p.m. A roll call was taken with Councilors Jerry Davis, Jack Fawcett, John Hazard, Tom Hines, Celeste Nottingham, and Jim Roof present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Planner Tom Allender, Superintendent of Recreation Meryl Jacobs, Police Chief Art Dalton, Fire Chief Charlie Moore, Transportation Marketing Specialist Teresa Albertson, Town Clerk Patty Neyhart, as well as members of the press and public. First item under Citizen Input was Mr. Al Connell requesting permission to apply for a subdivision of a six-plex lot into two duplex lots in Wi.ldridge. Mr. Connell explained the lending agency requests the lot be subdivided prior to loaning the money. Ms. Paige Anderson read her letter explaining their circumstances (see attached Exhibit A). Mr. Tom Allender informed the application was originally brought before the Planning & Zoning Commission (P & Z) on September 6, 1990. This was tabled until a number of concerns were addressed. On April 16, 1991 all concerns were answered and P & Z granted final design approval with five conditions. On June 25, 1991 voice Resolution No. 91-17 was adopted by the Council. The group came back before P & Z on January 20, 1992 and made final presentation to meet the five conditions required for final design approval. Building permits have been issued and they are now waiting for loans. Mr. Rick Pylman added that the approval from P & Z, that was granted before the Resolution and still valid, was to build two duplexes on the lot. The Resolution that was put into place would not allow that to be approved by P & Z currently. They have a valid approval and can go build the duplexes; the lender is having trouble with separate construction loans on each duplex with the property unsubdivided. They need to come back and subdivide and rezone from one sixplex lot into two duplex lots. Mr. Bill James stated that Staff had no problems with this lot being subdivided due to the size of the lot. After Council's concerns and discussion, Mr. Pylman explained procedures; 1) resubdivide the one vacant sixplex lot into two vacant duplex lots, 2) then each can get construction loan for each duplex, and 3) after the duplexes are built, they will do the duplex subdivision. Councilor Davis suggested to direct Staff to come back in 60 days and inform Council as to what actions to take with the other large lots that have the potential to be subdivided. Council's consensus was to offer support to this group. Next item under Citizen Input was Ms. Ann Abplanalp requesting additional acreage, of the Berrycreek 5th Filing, to be offered to the School District. Ms. Abplanalp urged the Council to consider giving 5 to 10 additional acres, for a total of 15-20 acres, to the School District so a regional school may be built on the Berrycreek 5th Filing. This acreage would be in exchange for infrastructure development. Ms. Ab lanalp added that the School District has made no decision on whether to build a community or regional school, however, the additional acreage would give the School District an opportunity to make that decision. Berrycreek Metro passed a Resolution last week in support of offering the additional acreage for a regional school. Council's consensus was that further discussions are necessary, with the master plan being reviewed. And, the School District needs to make the decision of what type school is needed; community versus regional. First Reading of Ordinance No. 93-1, Series of 1993, AN ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO ALLOW COMMERCIAL PRINTING FACILITY AS A SPECIAL REVIEW USE IN THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT Mr. Rick Pylman informed that Chapter 17.28 of the Municipal Code addresses amendments to the Zoning Code. Amendments to the Zoning Code may be initiated by the Council, P & Z, or by written application of any resident or property owner. Mr. Thomas Nevison, owner of Lot 3, Block 1, Benchmark at Beaver Creek is petitioning the Town to add newspaper facility as an "allowed use" within the neighborhood commercial zone district. Currently eight parcels of land are zoned neighborhood commercial. Mr. Pylman noted each parcel on a wall map. Neighborhood commercial zone district's current allowed uses are retail stores, professional offices, car wash, restaurants, accessory apartments, and churches. The special review uses are automobile service station and repair and above ground utility installations. Mr. Jim Pavelich, publisher of the Vail Daily newspaper has a sales contract on Mr. Nevison's lot. Mr. Pavelich desires to consolidate his newspaper, operations, of office and printing, into one facility. The newspaper offices are an allowed use. Staff has interpreted the printing portion of the operation to be an industrial type use. The establishment of industrial type use in a neighborhood commercial district requires an amendment to the zoning code. After reviewing the criteria for evaluation of rezoning applications, staff's recommendation is to approve "commercial printing facility" as a special review use to the neighborhood commercial zone district. And, deny the request as an "allowed use" so as not to compromise the future ability of the Town to control land uses. The Planning & Zoning commission agreed with Staff's recommendation. -2- 0 There being no further comments, Mayor Reynolds called for a motion. Councilor Hines motioned to approve Ordinance No. 93-1t Series of 1993 on first reading. Councilor Roof seconded the motion. With no further discussion, Mayor Reynolds entertained a roll call. Those voting aye were Councilors Tom Hines, John Hazard, Jack Fawcett, Celeste Nottingham, Jim Roof, and Jerry Davis. Motion carried unanimously. Second Reading of Ordinance No. 92-21, Series of 1992, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD; ESTABLISHING A DEVELOPMENT PLAN AND IT'S CONTENT AND ESTABLISHING DETAILS RELATING THERETO Mr. Pylman informed that Mountain Star Limited Liability Co. has submitted a preliminary plat application and a PUD amendment application to the Town of Avon that will offer replatting and rezoning of 683 acres that has been referred to in years past as the Wildwood Subdivision. The Mountain Star development plan represents a dramatic departure from the existing approved Wildwood Subdivision plan. This is quite a reduction in the amount of density and type of project. The current proposal calls for a total of 88 lots; each lot allowed a single family home and a caretaker guest unit. In addition to the 88 lots, one lot would be for an overall property manager's unit. Some revisions have been made since first reading of the Ordinance. One amendment needs to be made to the Ordinance this evening; Page Three, Section 2 of the Development Plan, B1, last complete line on the page reads, "revision to this ordinance". At that point a sentence needs to be added reading, "All proposed amendments shall be submitted to the Town of Avon". With this amendment, Staff recommends approval of the Ordinance. Mayor Remolds opened the meeting for a public hearing. With no one wishing to be heard, Mayor Reynolds closed that portion of the meeting. There being no further comments, Mayor Reynolds called for a motion. Councilor Hines motioned to approve Ordinance No. 92-21, Series of 1992 on second reading with the following revision; under Section 2, Paragraph B, at the end of this sentence, "Chapter Seven of this booklet contains Design Guidelines which may be amended from time to time without review by the Town of Avon or revision to this Ordinance", Add the following sentence; "All proposed amendments shall be submitted to the Town of Avonn. Councilor Hazard seconded the motion. With no further discussion, Mayor Reynolds entertained a roll call. Those voting aye were Councilors Tom Hines, John Hazard, Jerry Davis, Jim Roof, Jack Fawcett. Councilor Celeste Nottingham abstained from voting due to conflict of interest. Motion carried. -3- 0 Resolution No. 92-41, Series of 1992, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR MOUNTAIN STAR SUBDIVISION, A REPLAT AND RESUBDIVISION OF REPLAT NUMBER 1 OF THE FINAL SUBDIVISION PLAT WILDWOOD, TOWN OF AVON, AS RECORDED IN BOOR 337, PAGE 364, IN EAGLE COUNTY COLORADO Mr. Pylman stated this is a replatting and rezoning of Wildwood subdivision; changing to Mountain Star Subdivision. Rezoning is done by Ordinance. Replattinq for a subdivision is approved in the form of Resolution. Resolution No. 92-41 is an approval of the preliminary plat of the subdivision request. Staff recommends approval of this Resolution. Councilor Roof motioned to approve Resolution No. 92-41, Series of 1992. Councilor Hines seconded the motion and the motion carried unanimously. Councilor Hines motioned approval of the Subdivision Improvements Agreement subject to final review and approval of exhibits and clarification of inspection fees for all publicly dedicated improvements between the Town and what is known as Mountain Star. Councilor Davis seconded the motion. Councilor Fawcett amended the motion by motioning to approve the amended and restated Subdivision Improvements Agreement subject to receipt and approval of the exhibits that will be attached to the same and the completion of certain areas of the agreement which now are in blank. Councilor Hazard seconded the motion. Mayor Reynolds called for the vote. Amendment carried unanimously. Point of Order called for by Councilor Davis. Councilor Davis questioned vote; whether on amendment or motion. Mayor Reynolds informed the vote was on the amendment. Mayor Reynolds then called for the vote on the motion. Notion carried unanimously. Resolution No. 93-13, Series of 1993, A RESOLUTION TO AMEND THE 1993 BUDGET Mr. James reminded that a short time ago Council authorized the installation of a streetlight on the corner of Highway 6 and StonebridVe Drive. This Resolution covers the cost of the installation of the light in the amount of $3,000. Mayor Reynolds acknowledge attendance of Mr. Patrick Clary, initiator of the request for the streetlight. Mayor Reynolds commended Patrick on his efforts. Councilor Nottingham motioned to approve Resolution No. 93-13, Series of 1993. Councilor Fawcett seconded the motion and the motion carried unanimously. -4- Resolution No. 93-11, Series of 1993, A RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISION OF LOT 1, BLOCK 1, LODGE AT AVON SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, COLORADO Mr. Pylman informed this Resolution is a minor subdivision resolution. Lot 1, Block 1, Lodge at Avon Subdivision is between Benchmark Road and the railroad tracks and currently a vacant piece of land, zoned town center. A few years ago P & Z approved a design review approval for a three story retail commercial office building with a separate free standing restaurant. The development partnership is essentially the same and still trying to develop the property. Owners are requesting division of the property creating a 33,000 sq. ft. lot and a 1.8 acre lot. They are pursuing a restaurant on the 33,000 sq.ft. lot and requesting subdivision for financing purposes. Zoning code has a minimum 33,000 lot size requirement. Staff's recommendation for this Resolution is for approval. Councilor Davis questioned how this fits into the Master Plan. Mr. Pylman stated there is no clear direction for this in the Master Plan. Both lots do have road frontage and are within the property owner's rights to request this subdivision. Councilor Davis reminded of earlier fears that the town center would be chopped up into smaller pieces with stand alone restaurants. Councilor Fawcett motioned approval of Resolution No. 93-11, Series of 1993. Councilor Nottingham seconded the motion. The motion carried with Councilor Davis opposed. Resolution No. 93-12, Series of 1993, A RESOLUTION AUTHORIZING THE TOWN MANAGER OF THE TOWN OF AVON, COLORADO TO EXECUTE, FILE, AND ACCEPT APPLICATIONS AND ASSURANCES REQUIRED FOR FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION Mr. Larry Brooks informed this Resolution is necessary for the application process for new buses for the FTA. This Resolution formally notifies and verifies the signature for the application, allowing the FTA to process the grant application from last year's lobbying efforts. Mr. Brooks noted the Town has never received grant money from the FTA; this being the first. Councilor Nottingham motioned to approve Resolution No. 93-12, Series of 1993. Councilor Hines seconded the motion and the motion carried unanimously. First item under Unfinished Business was an update on Phone Service to Wildridge. Mr. James reminded that the phone company's estimate for phone service in Wildridge was $138,000 to 45 lots. Upon further research, B & B has estimated trenching to be $32,000. The phone company estimated the line installation to cost $22,000. Mr. James suggested to negotiate with the phone company; the Town will pay for the trenching $32,000 and the phone company pay for line installation $22,000, for a total of approximately $55,000. Council directed Mr. James to further negotiate this with the phone company, with possible reimbursement of the $32,000. -5- Next item under Unfinished Business was an update on the Lobbyist for Buses. Mr. James informed, with regard to the lobbyist for the buses, approval to proceed has been received from Vail Associates, Town of Vail, and Eagle County. Town of Avon's share is 17% or approximately $7,875. First item under New Business was Transportation; request from ABCRA to increase routes in Avon / Beaver Creek. Mr. James stated the Avon/Beaver Creek Resort Association has requested additional bus service. First, add three additional stops in Beaver Creek to include Creekside Condominiums, Poste Montane, and the Charter. Second, start this new route at 10:42am every half hour. Third, start 5:46pm and have all evening buses take the new route. Fourth, extend evening service from 10:25pm to 11:45pm. Mr. James and Mr. Brooks discussed these alternatives with maps and cost configurations for the additional services. Ms. Kate Collins, from Avon/Beaver Creek Resort Association, appreciated the dialogue. The task force consisted of Avon business owners. And, their primary concerns were to get Beaver Creek guests down into Avon. Ms. Collins added that these requests were the ultimate wishes or best case scenario of the task force. The major concern discussed was the delicate balance of time versus cost factor. Consensus was to hold relay times to a minimum and to continue with quality service at an affordable cost. Councilor Nottingham stated emphasis, of the task force's requests, was placed on evening service. Mr. James offered extending the evening service at an additional cost of $8,800 until the end of season. Councilor Davis added this would be a marketing effort to get the word out when extending evening service this time of season. Councilor Davis reminded it takes $1,00,000 in retail sales to generate $40,000 in tax revenues. This should be considered when mentioning tax revenues as out weighing additional transportation costs. Councilor Davis mentioned the possibility of Beaver Creek lodges offering, as a service to their guests, transportation to and from Avon. Mr. James mentioned that changing routes in mid season would produce a scheduling change thus effecting all materials currently published and could become a marketing issue. Councilor Davis motioned to keep the same schedule and we run for two hours longer and spend whatever money is necessary and in the meantime we work with all these parties to see what changes we want to make in the routes this summer and next winter ski season. Councilor Hazard seconded the motion. Motion failed with Councilors Fawcett, Hazard, Hines, Nottingham, and Roof opposed. Staff and the Avon/Beaver Creek Resort Association will discuss the route changes and economic feasibility further. -6- C E Next item under New Business was Ride the Rockies. Councilor Hazard requested that Avon participate in the Ride the Rockies event; not only by donating the tent, but as a coop and offering additional help with possibly extra police and shuttling people. The second meeting is tomorrow, at 1:30pm, at the Town of Vail. The Ride the Rockies will come from Steamboat thru Avon to Vail's Ford Park. Councilor Hazard will update as event draws nearer. The Financial Matters were next presented to Council. Councilor Hines moved to receive items #1 thru #6 and approve items #7 and #8. The motion was seconded by Councilor Nottingham and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Nottingham motioned approval of the February 9, 1993 Regular Council Meeting minutes as presented. The motion was seconded by Councilor Roof and the motion carried unanimously. There being no further business to come before Council, Mayor Remolds called for a motion to adjourn. Councilor Hines moved to adjourn. 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