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TC Minutes 10-13-19980 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 13, 1998 - 5:30 P.M. A regular meeting 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 Protein Judy Yoder at 5:30 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Bob McIlveen, Buz Reynolds, Sr., and Buz Reynolds, Jr. present. Mayor Jack Fawcett was absent. Also present were Town Manager Bill Efting, Attorney Dick Scheurer, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Director of Community Development Mike Matzko, Fire Chief Charles Moore, Recreation Director Meryl Jacobs, Executive Assistant Jacquie Halburnt, Planner George Harrison, Public Relations Specialist Kristin Kenney-Williams, Special Events Coordinator Dana Mauer, Acting Police Chief Greg Williams, Recreation Maintenance Supervisor Clark Shivley as well as members of the press and public. Citizen Input: Haunting/Blood Drive Update Special Events Coordinator Dana Mauer updated Council on The Haunting. The event takes place October 24 in Nottingham Park from 6-8 PM. The recreation department will also host a teen event at the recreation center from 8-10 PM. Recreation Maintenance Supervisor Clark Shivley updated Council on the Blood Drive. The blood drive is being"hosted by the recreation department and the Vail Valley Medical Center in conjunction with The Haunting. It is from 9:30 AM - 3:00 PM at the recreation center. Citizen Input: Committee for Our Kids Future (Shawn Boris and Patty Cross) Ms. Shawn Boris is the campaign coordinator for the Committee for Our Kids Future. Patty Cross, President of the Board of Education for Eagle County School District approached the Council about Items 3B and 3C on the upcoming election ballot. Item 3B, the operating revenue question, will help the school district meet the competitive wage challenges of the district. They are currently unable to obtain experienced teachers or hire qualified new teachers. It also keeps the money currently used for busing in the classroom for educational purposes. Ms.'Boris stated Item 313-is going to add money to the general fund on an ongoing basis. Item 3C, the bond question, will build three new schools in the district, expand existing facilities, allow adherence to a timely maintenance schedule, provide an access road to Miller Ranch and create a district wide five year technology plan. "The state mandate calls for one computer for every six students; Eagle County has one computer for every eighteen students. Ms. Cross stated she hopes the Avon Town Council will support both issues. Citizen Input: County Commissioner Candidate Tom Stone Mr. Tom Stone stated he lives in Gypsum and has been in the valley for 13 years. He has been on the western slope of Colorado for over 22 years. He decided to run for County Commissioner because he believes the timing is good for him to provide leadership in the county. He feels he represents the people of Eagle county well because he has first hand experience of the current issues being faced in the county. His educational background, is a degree in biology and environmental management from Ft. Lewis College in Durango. He stated that we are all concerned about the environmental issues we are facing today and thinks his educational background helps him out there. He understands the housing issues. He wants to take a proactive approach on many issues. Ordinances: Second Reading of Ordinance No. 98-14, Series of 1998, AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN"), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR ANNEXATION") PUBLIC HEARING Second Reading of Ordinance No. 98-15, Series of 1998, AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN"), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT AVON PETITION FOR ANNEXATION NO.2 (THE "PETITION FOR ANNEXATION") PUBLIC HEARING Second Reading of Ordinance No. 98-16, Series of 1998, AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS (THE PUD PLAN) FOR THE VILLAGE AT AVON WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN OF AVON, COLORADO, AS DESCRIBED IN THE ATTACHED EXHIBIT "A", AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., TOWN OF AVON, EAGLE COUNTY, COLORADO PUBLIC HEARING Second Reading of Ordinance No. 98-17, Series of 1998, AN ORDINANCE APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF AVON (THE "TOWN") AND EMD LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT I LLC, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT II LLC, A COLORADO LIMITED LIABILITY COMPANY AND PVRT NOTT III LLC, A COLORADO LIMITED LIABILITY COMPANY (COLLECTIVELY, THE "OWNER") CONCERNING ANNEXATION OF THE LANDS-DESCRIBED IN THE VILLAGE AT AVON PETITIONS FOR ANNEXATION NUMBERS 1 AND 2 (COLLECTIVELY, THE "ANNEXATION PETITIONS") AND ORDINANCES NUMBER 98-14 and 98-15 (COLLECTIVELY, THE "ANNEXATION ORDINANCES") AND CONCERNING THE DEVELOPMENT RIGHTS AND RESPONSIBILITIES OF THE TOWN AND THE OWNER WITH RESPECT THERETO; AND AUTHORIZING AND INSTRUCTING THE MAYOR OF THE TOWN OF AVON TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED PUBLIC HEARING Mayor Protem Yoder stated these ordinances are all tied together and the public hearing will be for all four ordinances. Mayor Protem Yoder read the title of all the ordinances. 2 Community Development Director Mike Matzko referred to the staff report dated October 8, 1998 (attached) reiterating the high points of the project and giving the chronology of the project beginning with the application on July 10 and culminating the passage of the ordinances on first reading on September 22.- Since that time, the applicant has agreed to amend the PUD Guide and Development Agreement. The Planning and Zoning Commission (P&Z) unanimously recommended approval with fifteen conditions on September 1. Since then the conditions have been incorporated into the PUD Guide. In making their recommendation for approval, the P&Z reviewed the criteria" for approval of a PUD and arrived at certain findings. 1) The Commission found the density, land uses and overall development -pattern conform with the Avon Comprehensive Plan goals - and objectives. 2) The Development Plan conforms to the overall design theme of the town, the sub-area design recommendations and design guidelines. 3) The project design is compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character and orientation. 4) The project proposes a mix of uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 5) The Development Plan identifies and proposes mitigation and or avoidance of natural and or geologic hazards that effect the property. 6) The general pattern of development, as represented by the Development Plan and associated depictions of representative structures plus the amount and location of open space appear to be designed to produce a functional development that is responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7) The project incorporates, a circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town transportation plan. 8) The project proposes functional and aesthetic landscaping and open space that will optimize and preserve natural features, recreation views and function. 9) The-phasing plan appears adequate to maintain a workable, functional and efficient relationship throughout the development of the PUD. The phasing plan clearly demonstrates that, each phase can be workable,. functional, and efficient without relying upon completion of future project phases. 10) There are, or will be as needed, adequate public services including sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 11) The existing streets and roads are, or will be upon modification, suitable and adequate to carry anticipated traffic within the proposed PUD and near the proposed PUD. Mr. Matzko asked Council if they had any questions about the fifteen conditions the P&Z recommended. Councilor Reynolds, Sr. asked if they complied with what was requested. Mr. Matzko stated they have. Councilor Reynolds, Jr. asked Mr. Matzko if he was comfortable with the overall, PUD as written. Mr. Matzko stated the PUD as written does conform with the Town's Master Plan. Mr. Matzko stated that the Comprehensive Plan is a series of maps and statements stating what we see ourselves as and what we would like to become. _A long term planning guide. Development on this land was included in the plan since the plan was done in 1990. In 1996, the Town adopted a revised plan that refined' and clarified the development on the Stolport reinforcing the original 1990 plan, as well as incorporating residential uses on the hillside north of I-70. Mr. Bill Post, representing the applicant, read into the record the following change in the PUD Guide. Supplemental Regulations, Section 5 (B) (i) shalfread in its entirety in lieu of what is there now "shoulders shall not be required if curb, gutter and sidewalk are installed." In the Annexation and Development Agreement the changes shall be as follows: 1) Section 4.3 (A) delete the word "solely" in the second line and add "fifty percent of in between that and such in the second to the last line. This is pertaining to the $2 million dollar contribution to be paid over ten years. One million can be spent as Council sees fit and the second million will go to the Charlier report (pedestrian overpass, straightening roads, sidewalk improvements, etc. in the existing east Avon area). 2) Section 4.3 (C) shall insert "within one year of receipt of written notice from the Town Council" between the words constructed and with on the third to the last line. This is in regard to the two lane paved road if the Council requires. 3) Section 4.9 (B) delete in its entirety. It references individual wells on some of the home sites at the very east end of the property. 4) Section 4.14 language will be inserted that is approved by the Town Council that basically says the tax revenue shortfall that will be paid back to the Town shall be subject to a Denver CPI adjustment. There was insufficient time in the work session earlier to work out the exact wording so he wanted to read into the record that they've agreed it will be added in conjunction with the Town Attorney that the language is acceptable. Mr. Post next went over the list of big items that have changed in the project since they started working with the Town. 1) Commercial space reduction from 950,000 to 650,000. 2) Elimination of the five lots in the Nottingham Gulch area, it will have only homeowner association facilities. 3) Provision change in RMF 1 (residential area) to reduce it from 12 units to 6 units per acre. 4) Agreed to calculate commercial area from outside walls. 5) Gave up any lock off units. 6) To guarantee mixed use, agreed to proportionate use of commercial and residential in each area. 7) Agreed that the density calculation will exclude all areas with slopes greater than forty percent. 8) Limited any public spaces subject to Town approval and cannot exceed 200,000 sq. ft. 9) Areas J, K, L (regional commercial area at interchange) we will not have in excess of two retail stores in excess of 60,000 sq. ft. All other commercial areas will have no stores in excess of 60,000 sq. ft. 10) Increased affordable housing to 500 units with appreciation capon for sale units. 100 affordable housing units will be built with the initial phase of any residential or commercial construction on the project 11) Deed restrictions to follow the existing Town's deed restrictions. 12) Have defined affordability, qualified renters and buyers, established rent and sale prices for affordable housing. 13) When any construction begins on the Stolport area, we will build the first lane for construction traffic on Swift Gulch Road, with the promise right now that if Council wants it as a two lane road we will build it. 14) The I-70 interchange must be completed by either 4 '/2 years from date of approval or 4 years from the date bonds are first issued by the district, whichever occurs first. If it is not completed by that date, all construction is stopped at Town discretion. 15) East Beaver Creek Blvd. is to be extended at the project's expense. 16) We've agree to a $100,000 contribution to the Town for Chapel Place Road. 17) Donated a 4 acre site to the Town for a public works facility or fire station, acres can be either in small pieces or big pieces. 18) $2 million over ten years in equal payments; $1 million to be used how the Town sees fit and $1 million to the Charlier report improvements. 19) Highway 6 we've agreed to a roundabout at Nottingham Ranch Road subject to CDOT approval. Eagle Road and Stone Creek Drive we will cooperate with any party and pay one half of each of those sites for roundabouts up to $250,000 per site. 20) In the Annexation Agreement we deleted all provisions on the ad valorem tax. 21) Full rights to all the metro district and public improvement company books for review and audit. 22) All design guidelines will come through the Town for initial review. 23) All trails and recreation facilities are open to the public. 24) We will assist in providing a trail to connect with the present Davos Trail. Mr. Post added that in regards to the financing, they are acting as a custodian for the Town and are doing this in a financial way that they don't think the Town is capable of doing (take on the $150 million risk). The taxes are used only for construction of public infrastructure and amenities and their operation. The districts will use the money in the exact same way as the Council would if they had the dollars. When done, all public infrastructure and amenities and any excess taxes collected to that date, if any, will go to the Town. The entire tax base will then also go to the Town. The ad valorem taxes collected help the Town decrease existing bonds with payment from the taxes. Secondly, the entire financial structure was set up so the existing town residence would not be paying for anything that goes on at the Village. Attorney Dick Scheurer, representing the Town for the evening, addressed a number of additional things staff has been working on. 1) In Paragraph 4.7 of the Annexation and 4 • ! Development Agreement, an additional phrase should be added to the end of the first sentence as follows: "or until such time as no obligation of the districts remain outstanding, whichever is earlier". Mr. Post stated in concept he has no problem with that but the language would need to be worked out. Councilor Reynolds, Sr. questioned the issue of the 3% or 5% cap on affordable housing that was outstanding. Mr. Post stated it is 3% subject to the Town changing it. Councilor Carnes asked when the density was decreased in the RMF 1 area was it increased elsewhere. Mr. Post stated it was not. Councilor Carnes asked Attorney Scheurer, regarding page 13 of the Development Agreement Section I, he questioned if the Town tax structure changes in any way and there is disagreement how will that come into play with the districts?, Mr. Post responded that subject to the ones in the metro district financing'structure,,whatevei the Town doe's that will equally apply to the Village because they will not be part of Avon. There is a provision in the agreement that states the Village sales tax won't be lower than Avon's. Councilor Carnes clarified that if the Town raises the tax '/Z percent, the Village is obligated to raise theirs %Z percent but they keep the % percent as a fee. Mr. Scheurer stated as the agreement is currently written, if the Town were to increase the sales tax, then that increased amount would be imposed by the company and those revenues would be put into the same funds that are being used to service debt. The debt service within the district will be accelerated but the use of those funds would be at the discretion of the district. Councilor Carnes stated he does agree with that unless it is a dedicated tax. If a dedicated tax were added on, it would only be fair that the Village must dedicate that portion of their fee. Mr. Post stated he doesn't have a problem with that if the dedicated tax benefits the town equally. Mr. Post, upon direction of his consultant, stated that language can be added to the agreement so that dedicated taxes in excess of the ones they are already collecting will be to pay the same dedicated purpose. Councilor Reynolds, Jr. asked Mr. Post, regarding Section 3.5, No Obligation to the Developer, what is their guarantee that this project will go on based on the phasing schedule; what prevents them from producing part of the commercial and part of the residential and walking away and not building the interchange, etc. Mr. Post stated that is why they have put affirmative statements in the agreement, where possible, stating when things must be done and how. Mr. Post stated the best protection the Town has is that they have to go through a fairly extensive process with the Town getting through preliminary plan, final plan and subdivision. Then they have to get infrastructure in before they can start any of that. The Town's safeguard is what the Town said the developer has to build the minute they begin. The other thing is, they are planning to enter subdivision agreements with the Town before they start anything on a platted area. The amenities that are promised with that will be bonded and secured like on every project. We are not going to start building all 650,000 sq. ft: of commercial feet and 2400 units in the next six months. That is not reality; it's going to be done in pieces. If we do 100 residential units a year that will be a surprise. Councilor Reynolds, Jr. clarified that they will have to bond their work on the I-70 Interchange. Mr. Post stated they would have to bond between $10 million and $12 million. Councilor McIlveen stated according to the documents if they are signed tonight, that would start the clock on the I-70 interchange at 4 %2 years. It would have to be concluded by the beginning of 2003. At that time, according to the development schedule, they would show approximately 300-350 dwelling units being completed and 150,000 sq. ft. commercial. Mr. Post stated that may even be a little aggressive on their part. Councilor Carnes asked at what point is the check for $75 million for the letter of credit written? Mr. Post stated that will be done in parts because money will be put into the district in parts also. You don't want to put $150 million in now for something that will be done over the next 15-20 years. They will put about $50 million in the first bond 5 ~ i issue. Councilor Carnes asked if that included the $12 million for the interchange. Mr. Fortsmann stated it is included in the $50 million figure because we have to build that immediately. Councilor Carnes questioned that the letter of credit does not just have to be cash, it can be land or stocks and bonds? Mr. Post stated theoretically it can but the banks have little interest in assets that are not extremely liquid. Councilor Cames stated his point is that once it is committed to back up a bond that is issued to pay for the infrastructure, then at least for the duration of that amount it is guaranteed to be built to that phase. If they did, that is what the guarantee is for. Mr. Post stated if they walked away they would be in violation of what has been presented to the bond holders, then the bond holders would try to collect on the bonds and sue, then the bank would collect on the letter of credit and we would have to pay it. Councilor Carnes asked if the bonds are issued and the owner sells the entire 1800 acres, does it effect our agreement? Mr. Post stated it does not, everything tracks with the land. Community Development Director Mike Matzko stated we don't require anyone to complete private improvements (the buildings that are theirs). However, what we are talking about here is the PUD Development Plan approval and a Development Agreement which runs with the land and that binds any future property owner who may want to come in and do that to pick up essentially where they left off, so the Town still has that control over the property. Mayor Protem Yoder stated the hearing is open to the public. Remarks will be limited to one time and keep them at 3 minutes each. When everyone is heard the public hearing will be closed and then there will be Council discussion and then the vote. We will not reopen the public hearing once it is closed. Please give your name, where you live and, if a business, where it is located. Mr. Pierre Monney, 26 Avondale Lane, expressed his support for the project. He feels the annexation and PUD are well thought out and high quality. He urges Council pass the vote. Mr. Mike Gothbertson, resident of Frisco, read a letter from the owners of Images Elegant Flooring and Window Treatments, Inc. supporting the project and feels it will beautify the area and that the valley will benefit from the design and the growth the project will provide. Mr. Rick Cuny, resident of Avon and businessman in Avon, commended the Council for negotiating the project down and there are a lot of positive changes. He believes the Council will vote for approval tonight. He is concerned about the sales tax issue and doesn't understand why the developer will still be the custodian of the money after the bonds are retired. The Town of Avon should have those funds and determine the time, amounts and what projects the money will be spent on. He is also concerned about the agreement going for 50 years. He is worried about the commercial space square footage and the effect it will have on the traffic. He challenged the Council to negotiate harder and think of the effect it will have on the long term merchants who can't compete with a superstore. Mayor Protein Yoder asked for clarification on the retirement of the bonds. Mr. Steve Jeffers, bond counsel for the applicant, stated the financial projections show the bonds will be paid on in 2027, almost 30 years. 2027 is the final maturity of the bonds at this time. Mr. Scheurer added that the districts involved would be subject to dissolution at such time as all bonded indebtedness has been satisfied. Mr. Matzko stated the 50 year vesting has been modified to 35 years. Mr. Jerry Jones, resident of Edwards and business owner in Avon, stated he thinks we are very fortunate to have this developer here and can develop a first class development. 6 0 0 Mr. Harry Frampton urged the Council to vote no and feels this is the wrong project for our community, we don't need more high priced condos and commercial. He feels the traffic is going to be a problem. He can't understand why the Town would waive the sales tax. Ms. Meg Burnett, resident of Vail and business owner, supports the project completely. She feels it will provide affordable retail space. Mr. Walter Allen, Eagle Vail resident and member of the Vail Eagle Valley Rotary Club, read a letter from the Rotary in support of the project. If approved they would like to partner with the Town to create a recreational area for the youth of the valley. Mr. Lynn Weas, manager of Christie Lodge, stated there has been some progress but is still opposed to the project. Their concern is the pedestrian safety with all the new traffic. The project is still too dense. There must be a safeguard that the interchange gets built. There is already a lack of employees for existing businesses. They cannot tolerate construction traffic on East Beaver Creek Boulevard. Community Development Director Matzko stated the applicant has agreed to install a construction road on the Swift Gulch, alignment at the beginning of the project. . Construction traffic will be required to :go on that road or through Highway 6._ An . ordinance is in'place that prohibits construction traffic through the town as it exists. Mr. Tony Vanbeek,.deacon candidate for the Archdiocese of Denver, read a letter from Fr. Tom Dentici of St. Patrick's Parish supporting the project limited to the affordable housing. We need more affordable housing. Mr. Hamish Tear, resident of Singletree and business owner in Vail, feels the traffic in Dowd Junction will be greatly effected by this project. He is concerned about all of the people on the threshold of the wilderness. Another concern is all the retail space and if it becomes a "white elephant". We must be very careful about the rumination of the small business owner existing now. Can't phase one be approved the maybe we can stop and look at the project and ask for voter approval to proceed. Mr. Phil Hoverston, resident of Vail and business owner in Vail and Beaver Creek, is in support of the project for the recreation facilities. He is the former president of Vail Junior Hockey, current president-of Vail AAA Hockey and president of Ski Club Vail. He has been devoted for 12 years to build more recreational facilities in the town. We badly need more ice rinks and recreational areas for our kids. From a recreational view, this project makes sense. Mr. Tim Olsen, resident of Edwards and current president of Vail Junior Hockey Club, supports the project for the two sheet of ice at no cost to the tax payers. We are in dire need of the ice. There are 250 kids in the program, 100 kids in the recreational program in Eagle, and Avon has a waiting list. This project will be very beneficial to the kids in this valley. Ms. Donna Lange, resident and business owner of Eagle-Vail and secretary for the Vail Junior Hockey Board, is in support of the project for the recreational facilities for the kids. The number of kids in the hockey program is growing by leaps and bounds and we really need this. We are fortunate to have a developer who is interested in the youth of the community. Mr. Danny Padnick, resident of Vail, supports the project. We are fortunate to have the land being developed according to a helpful Master Plan in an organized and methodical approach instead of the land being sold and developed in pieces. The developer is motivated to build the interchange. There is a need for more affordable housing that this project will supply. 7 Dr. Doug Bryant, owner of Avon Pet Centre, applauded the staff for sticking to the rules already in place. As a business owner, he would like to see business concentrated in the Avon area. We are in a good position to develop this property in the correct way. It is the right thing to do and he supports it. Parking is currently a big problem and encourages the Town and staff to reevaluate the parking issues. Mr. Chris Neuswanger, resident of Edwards and Avon business owner, stated there has been significant progress but there are still some problems that could be resolved. He is concerned about the construction traffic through the roundabout at I-70 to get to Swift Gulch; and diverting the traffic to Highway 6 is very unneighborly. The new I-70 interchange must be built first. Two concerns are the integration of employee housing and the density of the -Swift Gulch parcel where the employee housing will go. The density of the commercial space is still too much. If approved, the tax revenue will shift to the Village because new business will locate there before Avon. The large box buildings should be limited in size. Five hundred employee housing units is not enough compared to the size of the commercial space. Mr. Steve Dahmer, resident of Wolcott and wildlife biologist, supports the project as is because it is not developing up the valleys which are detrimental to the wildlife. He feels it is well put together and thought out. He likes the fact that it'is clustered near an already developed area that is not a real viable wildlife area to start with. He is in favor of the low density of the residential area on the hillside. Mr. Mike Bark, resident of Eagle Vail, is opposed to the project. If the area is left as is, the density will still get developed in some form but our quality of life will not be effected the way this project will effect it. Employees for the new business will be hard to find. He wants the area to remain rural. Mr. Bob Hernreich feels the project will be done at some time. The biggest legitimate problem is traffic. We need a guarantee in writing for the interchange. He urged the Council to vote properly. Ms. Shirley Byrne, resident of Avon and employee of Christie Lodge, hoped the project as it stands now will be voted down tonight. She is in favor of progress, but does feel the density is still too high. She is in agreement with the additional traffic in Dowd Junction that was voiced earlier. Questions the effect on the school systems: Concerned about what the affordable rent will be.; Concerned about the traffic through the town. She is concerned about the pedestrians. Mr. Tom Backus, resident of Eagle Vail,, supports the project with questions. He commends the staff for all their work. We must accommodate growth. We are fortunate to have one entity to master plan the project versus piece mealmg it out. The I-70 interchange is vitally important. There should be some required bonding to be sure it is done within the time it is supposed to be. He is'concerned about'traffic,'but has always recognized it as a problem. Swift Gulch should be a two lane road, improvements on Highway 6 must happen. Concerned that 500 units of affordable housing is not enough. Mr. Peter Zent, resident of Edwards and parish member of St. Claire of Assisi, read a letter from Fr. Ed Poehlmann in favor of the project. He urges the acceptance of the affordable housing element as outlined by the developer. Mr. Larry Kilstrup, resident of Eagle Vail and business owner in Avon, stated a lot of good things have been done and the Council is moving in the right direction. There are a lot of good things this development will offer, but there are some fatal flaws. He commended the 60,000 sq. ft. building limit on the west side of town, but now that should be extended to the east side. The Town should get back all the revenues for any business that relocates, not just Walmart and City Market. Infrastructure costs are the developers responsibility, not the Town's. The developer should not be getting a free ride for it. We should not give up all the tax revenues. The potential economic disruption to the entire valley is enormous. 8 - • Mr. Ben Fiedler, resident of Eagle, questioned if the money collected by the metro district to pay for the construction is going,into the developer's pocket or is it to pay for the construction of the neighborhood. Mr. Dick Scheurer stated it, is strictly limited to payment for public infrastructure. It is not going into the developer's pocket. Mr. Bob Moroney, resident of Eagle Vail, stated the applicant should not be denied because of a situation those of us already here have created. Without the roundabout on Highway 6, we will be challenged. Dowd Junction's problem is not its capacity, it's CDOT's management of Dowd Junction. School allocation is 8.3 acres. Regarding the size, if there's no demand it won't be built. If it is built without demand the prices will drop. He respects the Avon staff for all they have put into this. Mr. Richard McGee, resident of West Vail, supports the project. It,is important for Avon as well as the rest of the valley. His opinion is the benefits far out weigh the potential costs. He urges approval of the project tonight. Mr. Kent Myers, resident of Edwards, is in support of the project and urges the Council to pass it tonight. He stated it is not a closed door. Mr. Charlie Gersbach, resident of Avon, stated it is now time to continue to negotiate, keep your options open. We need to focus on what is it versus whether it is-too big or maybe not big enough. He commended everyone for where we are.. We,have a chance to do something really terrific here. Focus with Vail Associates where they are going. He would like to see a Colorado Mountain College on the property. We need something exciting. Ms. Beth Reilly, resident of Avon, commended the developer for meeting a majority of the concerns. She questioned why the 3 dimensional model was,never produced and does not know how we can see, what the prof ect will be without a model. She also questioned leaseable square footage of commercial space versus actual square footage. Mr. Matzko stated the definition for commercial space will be gross leasable area. It -is a generally accepted' term throughout the industry: Ms. Reilly requested, based on that, that the commercial space reduced some more. , She would like to see, some sort of plan, grocery store or post office. She also questioned if the Town has reviewed an audited financial statement, of funds. She feels there can be better negotiations. She agrees it should be annexed into the town. She still, feels we'are giving,thern.too much. Mr. Dick Scheurer addressed the timetable for passing the ordinances tonight and the need to pass them tonight. -If not passed tonight, they would'have to wait a whole year. - She does not see how they can straighten East Beaver Creek Blvd., and if they do, how long will it take? Mr. Rich Brown, resident of Eagle Vail, stated no one has said we need this project. There are too many fuzzy details that their attorney's will kill the Town with later. Those details must be cleared now so that doesn't happen later. Mr. John Helmering, resident of Bellyache Ridge, thinks the town of Avon needs this project: The commercial space is needed. We need the affordable housing in the upper valley. We are loosing our resident population to the down valley properties. The project is also for the tourists. We need to provide more infrastructure for the tourists. The recreational facilities are desperately needed. Mr. Am Menconi, resident of Avon, has come into this project as a skeptic. He has since learned as much as possible and even met with the developer. All of his concerns have since either been answered or some issues are bigger than he can, handle. He does like a lot of the things he has seen and likes it being done by one'developer. He thanked Council for'the hard work they have'put into this project. Mr. John Dwight read a letter from Mr. Jimmie Heuga in support of the project. Mr: Heuga feels environmental issues must be taken into consideration and he feels the developer has done so. He also read a letter from Mr. Bill Wilto in support of the project. 9 Mr. Wilto feels the project is well thought out and addresses the needs and concerns of the valley's residents. He requests the Council support the project. Mr. George Mongon, resident of Eagle and CEO of Steadman-Hawkins Sports Medicine, stated it is difficult to find and keep professionals in his clinic because of the lack of community. He is in favor of the project because it can provide that. Also it will bring a lot to the community of Avon and the entire valley. He supports the project whole heartedly in that respect. Mr. Ben Fiedler, resident of Eagle,'supports the project because the'development is smart, growth. It leaves 80% open space. It creates mixed use and higher density development. It allows pedestrian movement and use of mass transit. The development meets the long term plan of Avon. The metro district does nothing more than allow for the development of this neighborhood in partnership,with the town. The project brings tremendous amenities to the town and the county. It will bring more people to this town and that in turn will be more people spending more money in the town. Mr. Brian Widel, resident of Edwards and commercial realtor in Avon, stated there is a need for commercial space in Avon based on what his clients are telling him. Clients. are passing up Avon to go to Edwards because there is better space there.- He congratulated the staff and applicant for all their hard work to get us where we are tonight. When completed it will be one of the finest mixed use communities in the state. It will be a win/win situation for everyone and urges the passage tonight. Mr. Michael Corral, resident of Avon, questioned if development can not pay its own way, is it good development? He also questioned what is an urban village? Ms. Cheryl Grimalldi, resident and'.business owner in Edwards, stated it is important to listen to all *Voices whether from Avon or elsewhere,.beeause we all care. There is a need today, but there is more of a need tomorrow. The development of a gravel pit versus up the mountain makes a lot more sense. We must plan for our kids, our future and for tomorrow. Mr. Ken Shapiro, resident of Avon and business owner in Vail and Avon, supports the ' master planning of this property. `He supports the idea that competent developers master planning communities have.a much greater chance of creating a high quality beneficial community versus a piece meal approach. He feels that options must be open. He is concerned about the traffic impacts. He is concerned about the effect the 650,000 sq. ft. of commercial space will have on the existing downtown. Mr. Ron Mitchell, resident of Edwards, is opposed to the project because of the traffic impact it will have and also the pollution it will cause. He asked the Council to vote against the project. Mr. Andrew Armstrong, resident of Homestead and business owner in Avon, stated a comprehensive plan makes a lot more sense than a "hodge podge" situation. He doesn't like the traffic anymore than anyone else, but doesn't think the project will mitigate it. The cars will still be on the road coming from some place else. He supports the project. Mr. Charlie Sherman, resident of Avon, commended the Council and staff on their progress and their working together with the developer. He stated there is not a better developer the town could team up with to produce this project. It is going 'to take time to build, it's not going to drop out of the sky. There being no more comments'from the public, Mayor Protein Yoder closed the public hearing and stated Council will make its comments. Mayor Protein Yoder asked the applicant, based on comments and concerns heard, if they would like to address any of the issues as far as making any changes in what they are presenting to be voted on. Mr. Post stated they would not. 10 • • Mr. Post responded to some of the issues. Regarding the density, the project proposes putting two thirds the density that the town currently has on approximately five times more land. There must be a critical amount of mass to make it pedestrian friendly and a community where people will use sidewalks. Regarding the traffic, based on studies already done by the town, our project works and the type of levels at the intersections and roads were always planned and are acceptable. The Swift Gulch road we realize is temporary, but the I-70 interchange will take away the need for that road. The interchange has been guaranteed because if we do not build it the development stops. Regarding the financing, not one of the tax dollars does the town presently have or expect to have without this project. They are not tax dollars we have taken out of anybody's pocket to use for this project. The developer has to step up personally and guarantee it. There is no risk to the town, none of this goes to the developer. We are using the same financial model as Beaver Creek. All the amenities we are going to build come into the town. All the tax dollars are going towards those amenities and in the future all of those taxes will go into the town for the financial future of the town. Town Manager Elting stated it should be added to the development agreement that there will be weekly meetings about the construction traffic. Also, there are a lot unknowns for all of us. There is an advantage to having one developer versus piece mealing it. He commended Mike, Larry and Norm who have done a great job. We have to keep the door open and pay close attention, and spend some money to make sure this goes as planned if it is approved. A lot of his questions have been answered. We've got to protect the existing businesses in respect to the construction traffic. The revenue sharing is a Council decision. Councilor Carnes asked Mr. Post what exactly has to be built regardless of whether one square foot of commercial space is built? Mr. Post stated the Agreement is clear that they don't have to build anything. The only thing they have to do is give the Town $2.1 million dollars. The rest of their obligations are tied to various triggers (the things that have to happen to trigger something else). Councilor Carnes stated the point is that those are the things that are protecting ourselves; how we are guaranteeing that certain things get done. Every other aspect of this project will be market driven. Mr. Post stated yes, but also the preliminary plan must be done and subdivision improvement agreements. Councilor McIlveen stated the issue right now is an annexation with a maximum amount of zoning. Everything else still has to be approved. Mr. Post stated that is correct. This is the first step. It will be two years before we start answering the question of what gets built when and where. Councilor Reynolds, Jr. still questioned the guarantees. He still has a problem with the revenue sharing. He does understand the taxes they are using are building the infrastructure, but a lot of the taxes we've already paid, we've paid for that infrastructure. If you see the economy start to die and you've built 39% of your project on both phases and we don't get the interchange in, we're looking at a lot of possible problems within the town. Mr. Post stated if they did pay for everything out of their pocket, they wouldn't be able to do the affordable housing. You want a full spectrum of housing. If borrowed at market value instead of with metro district bonds at a cheaper interest rate, you raise the whole scope of the project and that gets passed on. Doing the project as proposed is a way for us to step in and build all of the things a town would normally build. We will guarantee the bonding so it can happen in large chunks and not in little pieces. Mayor Protein Yoder asked if the $12 million for the interchange, which is included in the first $50 million bond, could be escrowed with the Town as soon as the bonds were issued so we would know that it would get built? Ms. Darlene Sisneros, special district counsel for the developer, stated an escrow account where the district would be drawing on those moneys as it was completing the project, but would allow the town to access those funds if there was a default could be done. Mr. Dick Scheurer stated that is viable 11 and it could also be done in conjunction with the subdivision improvements that will occur. There is a legal mechanism for doing that if they chose to. Mr. Post stated that yes they would put it into escrow with the Town. We have no intent to walk away from this project with 61% yet to be completed. Councilor Carnes stated so many people expressed their concern about the traffic. This is as close to 100% guarantee as you can get for the interchange. Mayor Protem Yoder stated she is still uncomfortable about the revenue sharing and there should be more money coming from the transfer tax, or the first transfer could go to the districts and the subsequent transfers would come to the town. She asked Mr. Post why he would object to that. Mr. Post stated from their own financial stance, to cut anymore out would be "cutting all of the apple off and only leaving the core". Councilor Carnes asked as an example, if phase two of the rec center were built, how does this district help pay for that. Every other taxpayer in the town of Avon helps pay for that in taxes. Mr. Post stated that is the same if the existing residents come to the Village and use their amenities, they will not be helping to-pay for those. And also, the ad valorem taxes collected on the project will pay down the existing bonds and the added tax base allows the town to do additional bonding in excess of what they can do right now. That is how we assist you while at the same time not asking for any assistance from existing town members on any of the improvements that they can use. The 8.5 mill can always be used for bonds, they don't go to municipal services. Mr. Jeffers stated, regarding the secondary transfer tax Mayor Protem Yoder asked about, we've broken down the transfer tax into primary sales and secondary sales and the secondary sales we anticipate will handle about $8410 million of the total debt load. If we were to give that up we would be able to bond between $8410 million less. The developer is bonding $75 million out of their equity now and is not being bonded for so that would further depress what they could bond by $8-$10 million if they gave that up. Council clarified that the applicant would not give up the secondary transfer tax. Councilor Benson stated the Stolport area is 176 acres, the town of Avon commercial property is on 55 acres and we have over 1 million sq. ft. of commercial space today, not including Lot C, Lot 61 and some other smaller parcels. Comparing apples to apples he is concerned about density in that sense. He stated he is fora little higher density of. commercial because it makes it pedestrian friendly. He is satisfied with the 650,000 - because it does reduce.the amount of traffic although he would like 750,000 because he doesn't see the•traffic as that critical with the interchange. His main concern was the guarantee of the interchange and that was satisfied with the agreement to escrow.the $12 million with the town. He feels the project will be a big bonus to the town. He is concerned that everyone is moving down valley. There is a major need for commercial development in this town. Councilor McIlveen stated the applicant has basically given us everything we've asked for. He reiterated that the approval tonight is an annexation with a maximum density. Everything else still has to be approved. We are not approving what anything will look like. The three dimensional model of the project is done when we start developing a plan of how it will look, what gets built where. He stated he is in support of the project. Councilor Benson thanked everyone who has come to the public input sessions and he has learned a lot from what the people want to see in their town. Councilor Reynolds, Sr. stated he has been involved in this project as long as Mr. Post, and they have addressed everything we have asked for. He sincerely believes the project is needed in Avon. He feels very strongly that the developer is going to do the right thing. 12 0 • Councilor Reynolds, Sr. motioned approval of Ordinance No. 98-14, 98-15, 98-16, 98-17, Series of 1998. Mr. Scheurer added that the conditions that the applicant has agreed to change should be added. 1) The agreement that the first bond issued by the special district will earmark $12 million which will be placed in an escrow available to the town. Mr. Post added that whatever the actual amount is, it may be more or less than $12 million, would be the amount that we are talking about. 2) If the town enacts any increase in sales tax for any additional needs to the town, the incremental increase in the sales tax will not be subject to the revenue sharing provision. 3) Regarding the $2 million contribution, the first $1 million will be available to the town for what ever it chooses. The second $1 million will be available for the purposes set forth in the Charlier study. 4) The special district will be subject to earlier dissolution upon complete service of any outstanding debt. 5) And all the items Mr. Post read in at the beginning of the public hearing. Mr. Efting added the minor changes in the agreement regarding the sidewalks, etc. should be included in the added provisions. Councilor Benson seconded the motion. Councilor Carnes asked if Town Engineer Wood's concerns for the street overlays were settled. Mr. Post stated the overlays have been deemed maintenance costs and not capital costs, which is why we thought,all along we were paying for them. If we can agree'to the resolution, subject to counsels approval of the language, the overlays are maintenance costs that are charged back to the district. Mr. Wood stated he would agree to that. Councilor Carnes questioned how the town could be protected in the event of an add on tax. Mr. Jeffers, bond counsel for the applicant, stated from a bond perspective they don't have a problem with an add on. If in fact you take a designated revenue stream and all of a sudden say you're now going to earmark 1 %z% toward some other use, that all of a sudden takes a pledged revenue stream they have toward bonds that we've issued and now we are diminishing that revenue stream. There are protective covenants for the bond holder. All revenue bond documents prohibit you from doing that. So that is not something that we can agree to. A new tax we can agree to, but earmarking part of the existing revenue stream destroys the pledged revenues that are pledged toward the bond and then the bond holder has less security than he had before. Councilor Carnes questioned the change in the transportation route. Town Manager Elting stated depending on where the new transportation center goes, if it goes with the Confluence, there may be an opportunity to save money and do a better system with some type of feeder system for the main lodges so the people don't have to cut across the street. This is five to ten years before anything is in place. Councilor Carnes stated this is land that the Town has wanted improved since at least 1990. This is a place to expand to because we know this is the end for the town, it is the only place we can go to besides filling in our town core. I have never been against developing this land. It is a tremendous opportunity for it to be developed singularly and not piece mealed. He stated he completely disagrees that if everyone moves to the new development from the current area then the current section will die because of the commitment.we are making to the Confluence, Lot C and Lot B. We are going to guarantee that the town core remains incredibly viable regardless of what happens on the Stolport. We are doing so with the corporate help of the biggest corporation in the county. He disagrees with the comment of having all these people on the edge of the back country. It is not phased because much of it is market driven. It pays its own way only if the people come. This project will guarantee us that when the market goes down we will at least have something here to fill some sort of a market. We are trying to guarantee the long term fiscal ability for the town of Avon and I think this project_will do it. Councilor Carnes thanked everyone that has participated in the public input over the last four years. It made this project better. 13 r 1 U 6 Mayor Protem Yoder thanked everyone that has taken part in this process over the It is a big effort on all of your parts. Mayor Protem Yoder called for a roll call. The motion carried unanimously and all four ordinances passed on second re~ ding. ; Ordinances: First reading of Ordinance No. 98-20, Series of 1998, AN ORDINANCE ESTABLISHING PUD ZONING AND DEVELOPMENT STANDARDS FOgt THE CONFLUENCE, TOWN OF AVON, EAGLE COUNTY, COLORADO } Councilor McIlveen stated he will abstain from the vote. Community Development Director Mike Matzko stated the applicant, Vail Resorts, is requesting the PUD zoning with standards. It does not include a development plan at this time. Mr. Michael Sheldon, counsel for the applicant, thanked the senior town staff for the weekly meetings. We agree to a two phase approach for actual site planning. There being no questions, Councilor Benson motioned to approve Ordinance No. 98-20, Series of 1998 on first reading. Councilor Reynolds, Sr. seconded the motion. There being no further discussion, Mayor Protem Yoder called for a roll call. The motion carried unanimously with Councilor McIlveen abstaining. Ordinances: First Reading of Ordinance No. 98-21, Series of 1998, AN ORDINANCE APPROVING A ZONE CHANGE FROM TC TO PUD AND ESTABLISHING DEVELOPMENT STANDARDS, LOT C, AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Community Development Director Mike Matzko stated this is for PUD zoning and recommends a two step development approval process for Lot C in the existing town center. The applicant is Vail Resorts. There being no questions, Councilor Benson motioned to approve Ordinance No. 98-21, Series of 1998 on first reading. Councilor Reynolds, Sr. seconded the motion. There being no further discussion, Mayor Protem Yoder called for a roll call. The motion carried unanimously with Councilor McIlveen abstaining. Resolutions: Mayor Protem Yoder stated Resolution No. 98-68 has been moved from the Consent Agenda and will be acted upon separately as item C under Resolutions. Resolution No. 98-63, Series of 1998, A RESOLUTION APPROVING THE PRELIMINARY PLAT, SAGE HILL VIEWHOMES, A RESUBDIVISION OF LOT 9, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Protem Yoder stated this is a public hearing. 14 There being no comments, Councilor Benson motioned to approve Resolution No. 98-63, Series of 1998. Councilor McIlveen seconded the motion. The motion carried unanimously. Resolutions: Resolution No. 98-69, Series of 1998, A RESOLUTION APPROVING THE PRELIMINARY PLAT, METCALF COMMERCIAL PARK, A RESUBDIVISION OF LOTS 18 AND 19, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Protem Yoder stated this is a public hearing. Councilor Reynolds, Jr. confirmed that this included completion of technical corrections. Mr. Matzko stated that is a standard approval in all subdivisions. There being no further comments, Councilor McIlveen motioned approval of Resolution No. 98-69, Series of 1998. Councilor Benson seconded the motion. The motion carried unanimously., Resolutions: Resolution No. 98-68, Series of 1998, A RESOLUTION APPROVING THE SUBDIVISION"SKETCH,PLAN FOR-THE"VILLAGE AT AVON, TOWN OF AVON, EAGLE COUNTY, COLORADO AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24 C.R.S. TOWN OF AVON, EAGLE COUNTY, COLORADO Community Development Director Mike Matzko stated in essence Council has addressed this through the PUD development plan approval but it is a separate as called out in our subdivision ordinance. There being no further comments, Councilor Benson motioned to approve Resolution No. 98-68, Series of 1998. Councilor Reynolds, Sr. seconded the motion. The motion carried unanimously. New Business: Acceptance of 1999 Proposed Budget Finance Director Scott Wright handed out the proposed 1999 budget to the Council. Upon acceptance tonight, we will advertise a public notice in the local newspapers. October 27 will be a public hearing. At the final sitting of the old Council on November 10, a resolution for adoption of the budget will be presented. The proposed budget includes budget for eleven funds for total expenditure of $25,662,602. The changes discussed during the budget retreat have been made, including adding a second police officer, adding-$40,000 for December 31, 1999 fireworks display, among other small changes. Mayor Protem Yoder stated there would be a worksession October 20 to further,discuss capital projects which were tabled because we did not know what would happen with the 15 • • Village at Avon tonight. The $200,000 per year from the Village may impact how we do capital projects. There will then be an amended budget approved following that. Town Manager Report: Town Manager Efting thanked the staff for all the work they did on the Village at Avon. Town Attorney Report: Attorney Dick Scheurer stated it has been a pleasure working with the Town Council and the staff. Mayor Report: Mayor Protem Yoder stated on behalf of the Town Council, we thank Dick Scheurer for stepping in when we needed him to represent us as attorney. She also thanked the staff for all their efforts. Mayor Protem Yoder and Council thanked Mayor Fawcett and stated that he is missed. Consent Agenda: a.) Approval of the September 22, 1998, Council Meeting Minutes b.) Update of Zoning Map c.) Resolution No. 98-62, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 52, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO d.) Resolution No. 98-64, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, SAGE HILL VIEWHOMES, A RESUBDIVISION OF LOT 9, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO e.) Resolution No. 98-65, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 105, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO f.) Resolution No. 98-66, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 100, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO g.) Resolution No. 98-67, Series of 1998, A RESOLUTION APPROVING RELEASE OF SECURITY DEPOSIT FOR WARRANTY WORK FOR PUBLIC IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION PUD, AMENDMENT No. 2, TOWN OF AVON, EAGLE COUNTY, COLORADO h.) Resolution No. 98-68, Series of 1998, A RESOLUTION APPROVING THE SUBDIVISION SKETCH PLAN FOR THE VILLAGE AT AVON, TOWN OF AVON, EAGLE COUNTY, COLORADO AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24 C.R.S. TOWN OF AVON, EAGLE COUNTY, COLORADO i.) Resolution No. 98-70, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, METCALF COMMERCIAL PARK, A RESUBDIVISION OF LOTS 18 & 19, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO j.) Contract with Andando por Vail Advertisement k.) Financial Matters 16 • Mayor Protem Yoder stated item H, Resolution No. 98-68, was pulled from the Consent Agenda and discussed under Resolutions. Councilor Benson motioned to approve the Consent Agenda with the removal of item H. Councilor McIlveen seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Mayor Protem Yoder asked for a motion to adjourn. Councilor Benson motioned to adjourn the meeting. Councilor McIlveen seconded the motion. The motion carried unanimously and the meeting was adjourned at 10:09 PM. Kris $ Town 17 Y SUBMITTED: APPROVED: 9 Memo To: Honorable Mayor and Town Council • Thru: Bill Efting, Town Manager From: Michael Matzko, Director of Community Development Date October 8, 1998 Re: Ordinances 98-14, 98-15, 98-16, and 98-17, and Resolution 98-68 regarding Annexations # 1 and #2; PUD Zoning and Development Plan; Annexation and Development Agreement; and Sketch Plan, for the Village at Avon PUD. Summary The Village at Avon is a mixed use Planned Unit Development proposed for the 1,790-acre former Nottingham Ranch and Avon Stolport. Because the parcel is currently within unincorporated Eagle County, project approval by the Town will also require annexation. Attached are Ordinances 98-14, 98-15, 98-16, and 98-17, and Resolution 98-68, regarding Annexations # 1 and #2; PUD Zoning and Development Plan; Annexation and Development Agreement; and Sketch Plan, for the Village at Avon PUD. Also attached is Planning & Zoning Commission Resolution 98-7, recommending approval of the Development Plan, subject to conditions. Previous Actions July 10: Application received July 28: Town Council passed the first resolution of compliance for the annexation,petition, and set the public hearing for August 25. August 4: Planning & Zoning Commission (P&Z) conducted a public input session. August 11: Town Council held a public hearing and passed the two Resolutions of Substantial Compliance (Resolutions 98-48 and 98-49), which determined that the proposed annexations are eligible for annexation. August 18: P&Z reviewed the application, conducted the public hearing, then tabled deliberations and final action until September 1. August 25: Town Council heard public comment on the project, then passed Resolutions 98-50 and 98-51, granting approval of the service plans for the two Metropolitan Districts within the PUD. Council then tabled first reading of the ordinances approving Annexation, PUD and the Annexation Agreement until September 8. August 25: Council directed that an additional meeting be scheduled as soon as possible for the Town's citizens to comment further on the project. September 1: P&Z discussed the application, taking into consideration the public hearing comments and the staff report, then voted 6 - 0 to recommend approval, subject to conditions. September 2: Public meeting held in the Council Chambers, attended by approximately 175 people. Staff memo to Town Council, October 7,1998 Page 1 of 3 Re: 2nd Reading of Ordinances 98-14, 98-15, 98-16 and 98-17, and Resolution 98-68. i i September 8: Town Council tabled first reading of the ordinances until September 22. September 22: Town Council passed the ordinances on first reading. Discussion The applicant has agreed to further revise the PUD Guide to address all of the Planning & Zoning Commission's 15 recommended conditions of approval. Following the Council work session on October 8, Those changes are as follows: 1. The Design Review Guide, which contains the architectural and site design standards as well as the procedures for design review, will be submitted to the Town for review and approval. The Town will have 60 days to complete that review. 2. The restrictive language in Section A, Subsection 5 of the PUD Guide has been modified to be consistent with state statute. 3. The applicant agrees to complete Swift Gulch Road, but requests that it be phased as follows: • Construct a single-lane access to accommodate construction traffic and emergency vehicles; • Following completion of the I-70 interchange, the Town Council will evaluate the need for widening Swift Gulch Road, then direct the applicant accordingly. 4. The applicant will deed-restrict employee housing units consistent with the Town's existing policy. The staff and the applicant have not yet reached consensus as to the annual appreciation cap. The alternatives discussed include: 3% as the Town of Avon and the Town of Vail currently use; 5% as initially proposed by the applicant; or matching the County's standard when adopted. 5. The Town Engineer is currently reviewing the revised Design and Improvement Standards, to determine if further changes are warranted. 6. The PUD Guide now includes a provision requiring sprinklers in residential structures in Lots 1- 96 and RNE-3. This provision essentially meets the Fire Department's concerns. 7. The applicant has agreed to remove single family home Lots 1 through 5. They will instead construct a recreational pavilion or similar amenity adjacent to the lake, for property owners within the project. The remainder of the Nottingham Gulch above this facility and the lake would remain undisturbed. 8. Regarding allowed and Special Review uses in OS-10, the language now essentially follows the recommended condition. 9. The PUD Guide is now consistent with the Town's and the School District's dedication requirements. 10. The applicant is preparing a phasing plan for park and recreation improvements. 11. The PUD Guide now states that the parks within the project will be open to the public. 12. The PUD Guide now includes general proportions of uses within each planning area. Staff memo to Town Council, October 7,1998 Page 2 of 3 Re: 2nd Reading of Ordinances 98-14, 98-15,,98-16 and 98-17, and Resolution 98-68. 13. The applicant has agreed to adjust the definition of commercial area to follow the Urban Land Institute's (ULn definition of Gross Leasable Area (GLA). 14. The PUD Guide states that calculation of density excludes areas with slopes greater than 40%. 15. The PUD Guide includes revised language about trail access, with which staff concurs. This project has evolved since its first introduction to the Town in late 1994. In staff's opinion, it now conforms to the Land Use Plan and the, Goals and Policies that together form the substance of the 1996 Avon Comprehensive Plan. Moreover, through conforming to the Planning & Zoning Commission's recommended conditions of approval, the Town will retain significant control over development within the project through the Subdivision and the Design Guide approval processes. Together with development proposals in the existing Town Center, this project implements the Town's stated goal of ensuring a balanced system of land uses that maintains and enhances Avon's identity as a residential community and as a regional commercial, tourism and entertainment center. Recommended Action Staff recommends approval of the ordinances on second reading, and adoption of Resolution 98-68. Alternatives 1. Approve Ordinances with amendments or conditions. 2. Deny Ordinances. Proposed Motions 1. I move to approve Ordinance 98-14 approving annexation of the Village at Avon Annexation Number 1. 2. I move to approve Ordinance 98-15 approving annexation of the Village at Avon Annexation Number 2. 3. I move to approve Ordinance 98-16 approving the Planned Unit Development Plan and Development Standards for the Village at Avon and approving a site specific development plan establishing a vested property right pursuant to Article 68 of Title 24, CRS. 4. I move to approve Ordinance 98-17 approving the Annexation and Development Agreement. 5. I move to adopt Resolution 98-68, approving the Subdivision Sketch plan for the Village at Avon. Town Manager Comments Attachments: A. Ordinance 98-14 B. Ordinance 98-15 C. Ordinance 98-16 D. Ordinance 98-17 E. Resolution 98-68 F. Planning & Zoning Commission Resolution 98-7 Staff memo to Town Council, October 7,1998 Page 3 of 3 Re: 2nd Reading of Ordinances 98-14, 98-15, 98-16 and 98-17, and Resolution 98-68.