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TC Minutes 09-11-2001i i MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 11, 2001 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 Judy Yoder at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt and Mayor Protem Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Director of Community Development Ruth Borne, Police: Detective, Mike Leake, Building Maintenance Supervisor Mark Sifers, Engineer Anne Martens, as well as members of the press and public. Citizen Input: Mayor Yoder, on behalf of the Avon Town Council'and Staff, sent extreme condolences to everyone involved in the terrorism acts today.- -Mayor Yoder called for a moment of silence. Recreation Center Remodel Update: Building Maintenance Supervisor Mark Sifers updated the Council on the remodel of the Recreation Center. Mr. Sifers stated that work is slated for the entire month of October. He stated that the cabin will be open in October, which will serve as the central office for information. Citizen Input: Human Resources Director Jacquie Halburnt stated that Highway 6, from roundabout 5 and 1.7 miles east, is scheduled for paving and overlay the week of September 17 - 21. Delays are expected. Citizen Input: Ms. Kate Doyle and Ms. Linda Bartlett, residents on W. Beaver Creek Blvd., approached the Council. They would like the Council to look into putting a sound barrier between W. Beaver Creek Blvd. and Interstate 70. Town Manager Efting stated that Staff will speak with CDOT and come back to Council with any recommendations in the next 30 days. Public Hearing: Joint Hearing: i) Zoning Application - McCrady Acres; ii) Preliminary Plan Application - McCrady Acres Director of Comm. Dev. Borne stated that Traer Creek has submitted a preliminary plan application for Lots 1 through 5 of McCrady Acres to be subdivided into three lots. Lot 1 will be Government/Park/and Employee Housing (immediately adjacent to the existing Eaglebend homes), Lots 2 and 3 for Neighborhood Commercial zoning. Eaglebend Road is shown to run all the way.through connecting to.the new Nottingham Ranch Road. Nottingham Road is connecting to Highway 6 and eventually to the new I-70 interchange. Eaglebend property owners submitted a petition in July to the Town requesting a cul-de- sac at the end of Eaglebend Drive so the proposed annexationwill not impact them. Ms. Borne added that a zoning application is also on the agenda for this evening. That application is for the Neighborhood Commercial zoning and the Government/Park/and Employee Housing. Mr. William Post, representing Traer Creek, LLC, stated that they were before Planning & Zoning Commission (P&Z) last week. He stated that after much discussion with P&Z they finally said that if Traer Creek wants Neighborhood Commercial zoning, they should put in a cul-de-sac. They did agree that a cul-de-sac was not good planning. Mr. Post stated that if Council decides that they would prefer a cul-de-sac, they are willing to pay for and install it. Mr. Post explained their proposal. Mr. Post stated that they feel the best planning for Lot 3 should be Neighborhood Commercial. Councilor Peter Buckley asked Mr. Post if he had objection to changing the Lot 3 Neighborhood Commercial to all residential. Mr. Post felt that would be bad planning to make that area high end residential and placing more residents on a busy street, which the people on Eaglebend themselves don't want to be next to. Councilor McDevitt questioned if Lot 6 was residential. Mr. Post stated that is residential. He added that Lot 6 is in the County and they do not own that lot. Mayor Protem Reynolds agreed with Staff that as a traffic flowing east west flow for the Town, he feels there should not be a cul-de-sac but a through flowing road because of fire, police, busses, snow plows. He did state that he does understand why the residents want the cul-de-sac. Mr. Post agreed but does not want to fight with his neighbors so he will not oppose it. Ms. Amy Phillips, resident of Eaglebend Drive, is in favor of the cul-de-sac but is not in favor of the Neighborhood Commercial zoning. Ms. Phillips appreciates all the Regular Council Meeting September 11, 2001 developer is doing to work with the residents and would'like to know if a lot 2 could be created in between Lots 1 and 3 that might provide a larger buffer between the Eaglebend neighborhood and McGrady Acres development. Ms. Carol Krueger, resident of Eaglebend Drive, stated that she would like to see the cul- de-sac as well as residential zoning. 'She suggests putting the development property on the Eaglebend cul-de-sac. She feels that lengthening the street would enhance the street. Mr. Post stated that every time he has offered to do something it is never enough. He stated that it is bad zoning on Lot 3 to make it residential. It will cause some residents to have a busy street in their back yards. He understands that they don't want their lives to change, but there is change. He thinks the residents are being unreasonable. Ms. Krueger stated that she is not asking for high density, she just wants it to remain as it is now. Mr. Chris Evans, chairman of the P&Z Commission, stated that last Tuesday they heard from members of the Eaglebend community as well as the applicant and Staff. Mr. Evans stated that he is representing the other six members of the P&Z. The decision was split 5-2 to recommend denial of the zoning to Neighborhood Commercial. Mr. Evans stated that if a brand new residential neighborhood were being created in this area, the zoning that Traer Creek is proposing is appropriate on a through street. However, with the existing residential neighborhood, a through street will produce an increase in traffic. Common sense does say that with or without commercial zoning on Lots 2, 3, and so on, with a through street there will be an increase in traffic. Thus, resulting in an impact to that neighborhood. He stated there are ways to mitigate that impact and preserve the character of what exist now. He stated it is not a use by right on this lot. The applicant is coming in now asking for rezoning to something completely different than what is there now. By granting a rezoning to Neighborhood Commercial there is not even a use by right or by special review to put a single family home or duplex resident on this property any longer. Mr. Evans stated that the P&Z tried very hard not to pass the buck and take a stand to make a motion. Because the issue of the cul-de-sac came up and it was not officially before us to review, we felt it was appropriate to give some sort of guidance as to what the P&Z felt was the best use of this property. He stated that they agree a through street is preferable to a cul-de-sac in this location. However, there are competing interests here. In his opinion, the interest of the preexisting neighborhood take precedence over the right of a developer who buys the land and asks for additional impact on that property, which will result in traffic increase and impact to the residents of the Eaglebend neighborhood. Given that, if a cul-de-sac were approved, P&Z feels that the Neighborhood Commercial zoning for Lot 2 is appropriate. If a cul-de-sac is approved, -the rezoning of Lot 3 to Neighborhood Commercial is appropriate. The mitigation of impacts from, neighboring commercial property to the Eaglebend neighborhood across the buffer of Lot Y can be dealt with at design review board. P&Z voted in a 5-2 majority that if a through street is insisted upon, that Neighborhood Commercial zoning is inappropriate for Lots I and 3. It should remain residential or the Town could buy Lot 3 and deed it as open space. The property on a four lane commercial road is appropriate. Regular Council Meeting September 11, 2001 0 9 The question is how do we mitigate the impacts to the Eaglebend neighborhood.. The P&Z opinion is that the impacts should be highly weighed and should be mitigated in some fashion. Mayor Protein Reynolds asked if it is possible that with the approval they could mandate a fence be installed across the cul-de-sac and Lot 1. Mr. Evans stated that they should look at the proposed layout of the cul-de-sac and the impacts a proposed fence would have to the park and neighboring commercial. Mr. Reynolds felt that would be the simplest solution. Then one side could be zoned commercial the other side would be residential. Mr. Evans stated that if the park would go in with the cul-de-sac as presently proposed, that would be supported by P&Z.' Mr. Bobby Bank, resident.of Eaglebend Drive, stated they are only-trying to preserve the character of their neighborhood. They are not against development. They don't want development that is going to change the old stuff just because they are bringing in new stuff. He stated they are asking for two specific things and they have not changed what they are asking for, which are keep the zoning as -is and a cul-de-sac. On the zoning, they are asking McCrady Acres remain zoned residential. .'They believe the cul-de-sac would stop the foreseeable increase in traffic due to the development of the airport site. He stated that they want residential zoning and they want to preserve their street. Mr. Buzz Didier, resident of Eaglebend Drive, feels that McCrady Acres should remain residential. He stated that the commercial zoning is broad and they don't know what exactly will go in there. , ' ~.I Mr. Craig Ferraro, resident of Eaglebend, stated that he would like the residents to re- gather and come up with what they think is best. He stated that they have not met with Mr. Post to try to come up with something that everyone can live with as most of this has been done in the public forum. He stated that he would like a cul-de-sac and that it would be a way to mitigate the traffic on their road. He wants to keep the feel of their residential neighborhood. Commercial on both ends of residential will make it feel more commercial zoned. Ms. Kathleen Walsh, resident of Eaglebend, stated that she knew she was moving in to a residential area and knew that one day it would be developed behind the railroad, but not within their area. She felt that by keeping Eaglebend Drive open it would make it the main drive east to west. She is not opposed to a cul-de-sac because she has not seen a better option. There has been no better way to protect the residential area. She stated while she appreciates all that Mr. Post has done to work with them to install the cul-de- sac, most of Lot 1 is already Avon land so he is not giving us that land. She also has a problem with the plan because it will take out the park and open space. She feels there is a better way to plan it. Ms. Walsh did not feel that the services will be affected by a cul- de-sac. She stated that she did like the cul-de-sac, but did not like the configuration. She does not feel it is the best for them. Regular Council Meeting September 11, 2001 Mr. Walter Dandy, resident of Eaglebend Drive, stated that no matter what comes of this the residents of Eaglebend Drive are the ones who will take the big hit in terms of valuation of their houses and impacts on their lifestyle. - He felt that the cul-de-sac is needed. Mr. Post stated that they have offered to give everything that the neighbors have asked; the cul-de-sac, the'park is slightly bigger;,no'through traffic, better planning for what should be put next to the new road. He stated that they will agree not to put any buildings on the land any taller than the Eaglebend people, are all He stated most residents will not see where they are anyway, he .will volunteer not to put a commercial building any taller than their homes are.. When they do got to P&Z they will have set backs, landscape requirements. If people want fences, they will address that issue also. If they want to be segregated, Mr. Post will be happy to segregate them. Mr. Bruce Drumm, resident of Eaglebend Drive, stated that he would like to see a cul-de- sac. He felt that there is a large amount of open commercial spaces available already and wants to protect the residential area. There being no further comments from the public, Mayor Yoder closed the public hearing on the zoning application. She stated that the Preliminary Plan Application will be continued. Mayor Yoder asked for Council discussion. Councilor McDevitt recommended that Traer Creek representatives continue to meet with Eaglebend residents. He strongly urged Lot 6 owners be involved. Councilor Debbie Buckley stated that she is generally in favor of the cul-de-sac.. She would like to see commercial that is more palatable to the residents. She stated that if the residents were going to wait for the Town to build the cul-de-sac, it could be a while. Councilor Brown stated that he is in favor of the cul-de-sac. He felt that there is still negotiations that need to go on between the residents and Mr. Post. Councilor Cuny stated that he is in favor of whatever makes the people happy. He does not live in that area, nor drive there. He does appreciate what the residents are asking for. If they want a cul-de-sac and residential, he has to be shown how it will work with the amount of land there. He felt that the cul-de-sac was top priority to the residents. He stated that Lot 6 would determine whether it could be made residential or commercial. He did not know how they could make the area residential without Lot 6. Mayor Protem Reynolds agreed with the P&Z staff, but felt that it should be the way the residents want it; it should be a cul-de-sac. He agreed with the P&Z that if it is going to be neighborhood commercial, it should be a cul-de-sac and he would like to see a fence. Councilor Peter Buckley stated that he would like the discussions between Mr. Post and the residents of Eaglebend to continue and keep the process moving forward. Regular Council Meeting September 11, 2601 • • Mayor Yoder stated that she would like to see continued discussions between Mr. Post and the residents. She added that Ordinance No. 01=08, Series of 2001 is next on the agenda and that Council has the option of passing the ordinance as written with the public hearing in two weeks, or they can table it and have staff bring it back before Council. She stated that there appears to be a consensus of the Council for a cul-de-sac. Staff can bring back the ordinance to address that issue. If that is the way Council is going to go, it gives Mr. Post and the residents time to meet in the next two weeks to further discuss the zoning, of Lot 3 and what is going on with Lot 6 and Lot 1. She added that Mr. Post could show the Eaglebend residents what they are thinking of for the commercial that would not be objectionable to the residents. Mr. Post stated that Lot 6, at their last discussions, is not interested in annexing into the Town if he is residential. He stated that he does disagree with the residents as far as making the area residential. He added that he does need the Council to make a decision and give Mr. Post some direction. He stated, that he will agree to a fence and height restrictions and that is as far:as he can go now. He stated thdi waiting two weeks is not going to accomplish anything., He added that he is not going to be able to do anything with Lot 6. Mayor Yoder asked if after,this is zoned, will it come back through the P&Z to be a PUD. She stated if that is the case, the issues of heiglit,'and' what he wants to see on the lot can be addressed at that time. \Mr. Post stated that he is willing to put the fence and the height restrictions in the annexation agreement when it is brought in. Town Engineer Wood stated that when the ordinance comes up they will clarify what neighborhood commercial means; it does include building heights, setbacks, exact layout uses, etc. It is much different then the PUDs normally seen. Councilor Peter Buckley asked Mr. Post "if he votes for Lot 3 to be residential, would that kill the cul-de-sac as far, as Mr. Post paying for it. Mr. Post stated that the Council has to decide if it is a through street or a cul-de-sac. He has offered either, but the Council needs to tell him which. .Council agreed that it is a cul-de-sac and now they need to decide whether Lot 3 is residential or neighborhood commercial. Director of Comm. Dev. Borne explained Neighborhood Commercial. She stated that the height limitation is 35 feet, which is the same as the residential restrictions on Eaglebend Drive, front setback is 25 feet, side setback is 7.5 feet, rear setback is 10 feet. The permitted uses is retail stores, professional offices, car wash, restaurant, church, accessory apartments exclusive of the ground level. That is the zoning they are asking for on Lots 2 and 3. There was discussion regarding Lot 6, but the Mayor confirmed that they can not add Lot 6 in a timely enough matter. Regular Council Meeting September 11, 2001 Mr. Post asked that the Council follow what the Staff and P&Z recommended. Let them put in the cul-de-sac; let'them put in the buffer, and let therri have the commercial zoning, which is appropriate. The residents did state in their petition that they want a cul-de-sac and residential zoning. Town Manager Efting stated that the Council doesnot need to vote on this tonight. He stated that Mr. Post has been asked to comeback with a good cul-de-sac plan. He stated ' that a decision is not going to be made tonight. Mayor Yoder stated that they would move on to the ordinance. Ordinances: First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado Ms. Borne introduced the ordinance and stated that Mr. Evans, chairman of the P&Z, previously outlined what occurred with P&Z and what their recommendations were. She stated that the staff report contains the zoning criteria. Staff recommends approval of the zoning application submitted by Traer Creek, LLC for the Neighborhood Commercial on Lots 2 and 3 and Government/Park/Employee Housing on Lot 1. Mayor Yoder confirmed that the ordinance does not include the cul-de-sac. Councilor Curly motioned to table Ordinance No. 01-08, Series of 2001, until Council receives additional information. Councilor Brown seconded the motion. Councilor Debbie Buckley added that she would like the new ordinance to be amended to include the addition of the cul-de-sac. Mayor Protem Reynolds added that he would like a fence also included if it is going to be commercial. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado Regular Council Meeting September 11, 2001 LI LJ Director of Comm. Dev. Borne stated that Mr. Rogel is the owner of Lot 27 and has purchased Lot 24. He is proposing to vacate his property line so that he will lose his development rights on Lot 24 and make a larger Lot 27. He has gone through the approval by the Mountain Star Homeowners Association. Staff recommends approval. Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001, on first reading. Councilor Cuny seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. New Business: Preliminary Plan, McGrady Acres Mayor Yoder stated that this item has been tabled. Other Business: Mayor Protem Reynolds questioned the status of the post office. He would like Staff to check on that. He stated that promises were made by the post office and nothing has been done. He added that there are still long lines and the mail is late. Mr. Efting stated that he will check on that. Councilor Peter Buckley stated that the temporary acting Postmaster is Donna Flatery and she has been here for almost a year. A person they offered the job had declined. He stated that they are in the process of getting a new postmaster. Mr. Reynolds stated that he would just like to see the service better because that is what was promised. Consent Agenda a.) Approval of the August 28, 2001 Council Meeting Minutes b.) Resolution No. 01-23, Series of 2001, A Resolution Amending Town of Avon Resolution No. 01-09 c.) Intergovernmental Agreement with Eagle County for 800 MHz Radio Services d.) Agreement with Pitney Bowes for Postage Meter e.) Nottingham Road Bike Path - Change Order No. 2 Mayor Yoder stated that item d will be removed from the Consent Agenda. Regular Council Meeting September 11, 2001 0 0 Councilor Debbie Buckley motioned approval of the Consent Agenda without, item d. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Mayor Protem Reynolds motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 7:08 PM. Y SUBMITTED: Kristen Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting 9 September 11, 2001