Loading...
TC Minutes 11-13-2001MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 13, 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, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halbutnt, Police Chief Jeff Layman, Recreation Director Meryl Jacobs, Transportation Director Harry Taylor, Director of Community Development Ruth Borne, Public Works Supervisor Rob Janusz, Planner Tambi Katieb, Planning Technician Eric Johnson, as well as members of the press and public. Ordinances: Second Reading of Ordinance No. 01-16, Series of 2001, An Ordinance Approving the First Amendment (the "Amendment") to the Annexation and Development Agreement (the "Agreement") Between the Town of Avon (the "Town") and Traer Creek LLC, A Colorado Limited Liability Company, EMD Limited Liability Company, A Colorado Limited Liability Company (Collectively the "Owner"), and Traer Creek Metropolitan District, a Quasi-Municipal Corporation and Political Subdivision of the State of Colorado (the "District") Concerning the Development Rights and Responsibilities of the Town and the Owner with Respect to the Village at Avon; Authorizing and Instructing the Mayor of the Town to Sign the Amendment 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 Mayor Yoder stated this is a public hearing. Community Development Director Borne stated this is the second reading for the amendment to the Development Agreement for the Village at Avon. She stated it revises some of the timing, streetscape improvements and other improvements associated with the Village. Councilor McDevitt stated that he voted against this ordinance on first reading because the date on the completion of the interchange has been increase by two months. He was concerned at that time about the legal implications and,whether it would cost the Town anything. He stated that apparently it will not so he no longer has issue with that.. Councilor McDevitt motioned approval of Ordinance No. 01-16, Series of 2001, on second reading. Councilor Cuny seconded the motion. 0 6 Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 01-17, Series of 2001, An Ordinance Approving an Amendment of the Wildridge Planned Unit Development (PUD) for Lot 12, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Ms. Borne stated that the Town is proposing to increase the development rights on Lot 12, Block 4 from single family residence to duplex residence. Staff erroneously provided the owner with incorrect information on the zoning, which she relied on to purchase the property. The Planning & Zoning Commission (P&Z) determined that this change complies with the Comprehensive Plan, that there is no negative impact to the neighborhood. There are only 14 single family lots out of 353 lots in Wildridge, less than 10% of the lots. She added that 10 of the single family lots are on Beaver Creek Point. Staff and P&Z recommends approval on first reading. Councilor McDevitt asked Town Attorney Levin about the legal issues that were brought up by a citizen, Mr. Gardner. Mr. Levin stated that Mr. Gardner's point is that the Town would not necessarily lose a case on the doctrine of estoppel if the Town refuses to pass the ordinance and up zone the property from single family to duplex. Mr. Levin stated there is a fairness argument that the owner could make in court in the event that she applies to the town to change to duplex zoning. Mr. Levin stated that the Town gave the owner erroneous information which she claims she relied on to close on the property. He stated that an argument could be made that we misled her and that she relied to her detriment what we told her. He stated that the did not conclude whether we would lose or that she would win. Mr. Levin stated if the Council does not change the zoning, the owner can choose to sue the Town.: If she does, the applicant is going to depend on all the facts, but she has one significant fact in her favor which is that we gave her the wrong information when she asked for it. He added that if the Council declines the change and she does sue us, there will be an inquiry about whether what we told her is reasonable and there will be arguments on both sides:' He stated that he is not advising the Council that if they deny the change of zoning on the property that they will necessarily lose in court. Mr. Levin stated that one of the things the Council should think about is should she have known the zoning of the property when she closed on the property, and was her reliance on the Town information reasonable or not.. Councilor Peter Buckley asked Mr.-Levin if a neighboring residence could sue the Town because we changed previous zoning. Mr.,Levin•stated they might have standing to complain, but the Council has discretion to change an ordinance. He does not see that a neighbor would, have any grounds to go into court and challenge the Council's action to change the zoning. Regular Council Meeting November 13, 2001 Mayor Protem Reynolds asked Ms. Bome if this was the only single family lot in Block 4: Mr. Borne stated that there is one other a few blocks away. Ms. Borne stated what is deceiving is'that there are so many single family lots constructed in Block 4, but there is only one other lot zoned single family. Councilor Brown motioned approval of Ordinance No. 01-17, Series of 2001. Mayor Protem Reynolds seconded the motion. Mayor Yoder asked for a roll call. The motion carried with Mayor Yoder breaking a tie vote. Those voting aye were: Councilors Brown, McDevitt, Mayor Protem Reynolds, and Mayor Yoder. Those voting nay were Councilors Debbie Buckley, Peter Buckley and Cuny. Resolutions: Resolution No. 01-33, Series of 2001, A Resolution Approving Final Plat and Subdivision Improvements Agreement for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Ms. Borne stated,that this is the Final Plat and Subdivision Improvements Agreement for the Village at Avon, Filing 1. She stated that it is in compliance with the preliminary plan. She stated that all of the securities are included and outlined in the agreement. Staff recommends approval. Mayor Protem Reynolds questioned what happens with the interchange since it is a separate entity. Ms. Borne stated that is covered in the Amendment to the Development Agreement approved in Ordinance No. 01-16. Assistant Town Manager Brooks stated that project is dealt with in the Annexation and Development Agreement and the securities for that will be given directly to Colorado Department of Transportation (CDOT) in the form of cash. Councilor Debbie Buckley motioned approval of Resolution No. 01-33, Series of 2001. Councilor Peter Buckley seconded the motion. The motion carried unanimously. Resolutions: Resolution No. 01-34, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 2, Town'of:Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Regular Council Meeting 3 November 13, 2001 9 0 Ms. Borne stated that Wintergreen Homes submitted an application for Preliminary Plan. The plan has been submitted to Eagle River Water and the Eagle River Fire Protection District for review. The Planning & Zoning Commission recommended approval via their resolution. Councilor McDevitt asked if the P&Z passed their resolution unanimously. Ms. Borne stated yes they did. Mayor Protem Reynolds asked if this will totally develop the second filing. Mr. Jeff Spanel, boardmember of the affordable housing board for this project, stated there is a reservation on Tract A, which goes from the western most building to the west that Traer Creek would potentially preserve. They could come back later and try to do something to that parcel. Councilor Peter Buckley motioned approval of Resolution No. 01-34, Series of 2001. Councilor Debbie Buckley seconded the motion.' The motion carried unanimously. Resolutions: Resolution No. 01-36; Series of 2001, A Resolution Approving the Town of Avon Residential, Commercial and Industrial Design Guidelines - Procedures, Rules and Regulations Mayor Yoder complimented all involved in"preparing the Guidelines. Town Planner Tambi Katieb stated_ that the P&Z unanimously adopted the Guidelines at their November 6, 2001 meeting: He stated that a.technical assistance grant was received by NWCCOG to publish the guidelines and-put"a copy on our web site, for easy access. Staff recommends approval. Mayor Protem Reynolds questioned the compliance deposit: He stated that it is $5000, or " 2% of the valuation of the construction, due at the beginning of the project. He stated it is a large expense. He stated that, as abuilder, it is, the only problem he has is coming up with more expenses at the beginning''of a project. He stated, that he does understand that the Town requires a deposit at the end of the project if the. builder gets a TCO, but the compliance deposit is a different thing all together. , Mayor Yoder stated that as she recalls they asked for it because they had problems not having it before. The rest of the Council agreed. Mayor Protem Reynolds motioned approval of Resolution No. 01-36, Series of 2001. Councilor Brown seconded the motion. The motion carried unanimously. Regular Council Meeting November 13, 2001 0 Consent Agenda: • a.) Approval of the October 23, 2001 Council Meeting Minutes b.) Resolution No. 01-35, Series of 2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 51, Block 1, Wildridge, Town of Avon, Eagle County, Colorado c.) Contract for Metcalf Storm Drainage Mayor Protem Reynolds motioned approval of the Consent Agenda. Councilor Debbie Buckley seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Brown motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 5:49 PM. Y SUBMITTED: APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Nash, Town Regular Council Meeting November 13, 2001