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TC Minutes 11-27-2001MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 27, 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. Mayor Judy Yoder called the meeting to order 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, Deputy Town Clerk Miranda Steber, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Transportation Director Harry Taylor, Director of Community Development Ruth Borne, Town Engineer Norm Wood, Finance Director Scott Wright, Planning Technician Eric Johnson, Youth Services Coordinator Ron Moreno as well as members of the press and public. Ms: Jennifer Lee, resident of Avon, stated her concern regarding the cut backs of the Town shuttle. She would like the bus to run after 11:OOPM. Several hotels and businesses have employees and patrons who utilize the bus service after 11:OOPM. Ms. Lee is asking the Council to continue the bus service to midnight. Councilor Brown asked if we have formal information on the ridership during this time period. Town Manager Efting stated that information is compiled in blocks of time of four hours. Councilor Cuny stated we can't tell if there is a sharp drop off after that time, and that Staff needs to figure out what the ridership is before a decision can be made. Councilor Debbie Buckley asked if they could look at the budget and how much it would cost to put on the extra hour, then perhaps look into another area of the budget where the money could be cut. Ms. Lee stated there is a petition circulating in support of 'this issue. Town Manager Efting suggested discussing, this issue at the December 11 work session. He is guessing the cost will be anywhere from: $3000 to $5000 to add the extra hour on during the ski season. • • Citizen Input: Christmas in Avon Update: Youth Services Coordinator Moreno stated that Christmas in Avon would be held at•the Avon Recreation Center on December 8, 2001 from 6 PM to 8 PM. They will have Santa Claus, pictures with Santa, reindeer, cookies, arts and crafts, and Christmas caroler's. Citizen Input: 2002 Town of Avon Budget: Mayor Yoder stated this is a public hearing. Finance Director Wright stated that the Town Charter requires a public hearing prior to the adoption of the Town budget. He stated the budgets will, be adopted at the first meeting in December, and he is asking for comments or questions from the public regarding the 2002 General Operating Budget or the Capital Improvements Budget. There being no comment from the public, the public hearing was closed. Citizen Input: Lot Splits in Wildridge: Mr. Brian Vedder, architect and resident of Wildridge; approached the Council to encourage them to amend: the Town of Avon ordinance to allow splitting duplex lots in Wildridge to allow for building two single family homes on a duplex lot. Mayor Yoder asked if Council would like to discuss this subject at a future work session to get further information. Councilor Debbie Buckley stated she would like to discuss it at work session. She would like to look at it globally and'to see why it was changed.to'begiri with. Councilor Cuny also stated he would like to discuss the issue at a work session. He would like to see included the size of the units and other things before a decision is made. Town Manager Efting suggested it be discussed at the first meeting in January. He also suggested•that P&Z members attend that meeting. Councilor Peter Buckley asked that P&Z Commissioner Ron Wolfe attend that meeting. Regular Council Meeting November 27, 2001 Mayor Yoder stated that all the P&Z members would be invited. Ordinances: Second 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. Mayor Yoder stated this is a public hearing. Director of Community Development Ruth Borne stated that the Town of Avon is applying to amend the Wildridge PUD, Lot 12, Block 4. Staff provided the owner with incorrect information regarding this lot; Staff advised her that it was a duplex lot when actually it is zoned single family. There are only 14 single-family lots in all of Wildridge, ten of those are at Beaver Creek Point. There is only one other single-family lot zoned at Block 4. The Planning and Zoning Commission (P&Z), on October 16, 2001, determined the increase of the development rights did not detrimentally affect Wildridge and also determined the application was in compliance with the PUD requirements. Staff recommends approval of the Ordinance. Mayor Protem Reynolds asked if the general approval is given, does it run with the land. He asked the owner to bring him something that shows a duplex can be put on this, rather than let it run with the sale of the property in the future. Mayor Protem Reynolds believes it would be difficult to put a duplex on this lot. Councilor Cuny asked if there is anywhere in the closing documents or any documents that states what the zoning is. Ms. Borne said no, it is not in the title commitment. Councilor Peter Buckley asked Ms. Borne to discuss briefly what procedures have been put into place to ensure this type of mistake does not happen again in Community Development. Ms. Borne stated they previously-kept lot summaries that indicated the zoning'but they maintain those summaries or distribute'them. Staff goes through either herself or Town Planner Tambi Katieb for any zoning information; administrative staff does not release this information. Mayor Yoder noted it appears this lot was originally zoned duplex and then changed. Ms. Borne confirmed this information, stating that in 1978 and 1980 'it had duplex zoning, then in 1981 it was replatted to single family, which is probably how the incorrect information was given. Councilor Cuny asked if the unit was taken and used somewhere else in the development rights, since it was changed: from duplex to single family. He stated that was done all the time in the beginning of Avon. Ms. Borne stated that is hard to track; she does not have any information to accurately reflect that. Regular Council Meeting November 27, 2001 0 i Mr. Stuart Borne, representative of the owner of the lot, passed out maps showing the area (attached). He stated this is an unusual situation in that the P&Z has already made the determination for the criteria of the PUD. Mr. Borne noted there were a couple facts that were indisputable. Lot 12 was originally zoned a duplex, that lends some credence to what the owner is trying to do. Another fact is that it is one of the larger lots, steep yes, but larger lots in Wildridge. There are only two single-family lots in this whole block. There are a lot of single-family homes, but they are homes that people voluntarily down zoned to single-family residences from duplex lots. Mr. Borne continued by saying it was really the intention of the neighborhood to be a duplex neighborhood. The law on this estoppel is guided by one leading case, "Cone vs. The City of Boulder", which was provided for Town Attorney Levin. The Zoning Administrator gave erroneous information to the new owner of property. The court found that this type of situation is appropriate for an estoppel argument and that the municipality should be responsible for the mistake that was made by the erroneous information. Mr. Borne also referred to a State Board case, summarizing that the owner is not required to go to other places to try to find the facts when they relied on the Zoning Administrator for accurate information. Mayor Protein Reynolds questioned Mr. Borne, asking how he felt about the lot running with this owner only, being zoned for this owner, and if she decided to sell it would revert to the single-family zoning. Mr. Borne stated Ms. Leeds (the owner) would need some time to make a decision on that, as that question was just presented to her. Town Attorney Levin advised he did not think Mayor Protein Reynolds suggestion was a viable option in terms of zoning. Mr. Levin advised the ordinance before the Council changes the zoning in Wildridge; it amends a Wildridge PUD, which runs with the land. Zoning is not specific to individual owners. Ms. Greer Gardner, resident at 5723 ~Wildridge Rd, stated that she has lived at this residence for 18 months. Ms. Gardner encourages single-family development and relied on current zoning and development in their neighborhood when they purchased their property. Ms. Gardner is opposed to the re-zoning of Lot 12. Some neighbors have asked attorney Larry Eskwith to represent them and address the legal issues involved in the situation. Ms. Gardner advisedthat the lot in question is now for sale for a price of nearly $300,000, far in excess of what the owner paid for it. Ms. Gardner does not feel rezoning Lot 12 would be fair to the current residents in the neighborhood. Mr. Larry Eskwith, representing neighbors of Lot 12, addressed the' Council. Mr. Eskwith stated that Ms. Leeds, the purchaser of the land, should have discovered this parcel of land was zoned single-family during the purchase process by reviewing the plat and the covenants for Wildridge. Mr.'Eskwith stated his clients relied on the zoning in the area when they purchased their lots. They relied on the zoning of Lot 12 as single family. Mr. Eskwith cited the legal case-"Lehman vs..The City of Louisville" in 1992. Lehman was given incorrect information from the staff of the City of Louisville. The case was thrown out of the appeals court, citing Lehman had no case. It stated the incorrect information given to Lehman by the Director of Community Development Regular Council Meeting 4 November 27, 2001 • • lacked the authority to bind the City Council in any way. He stated that his clients have a right to rely on the zoning that existed when they purchased their property. Mr.' Gerald Brooks, who has personal interest in a neighboring lot, stated his concern is with the expectation that would be promoted by a simple rezoning, indicating that a duplex is possible on the lot. Mr. Brooks suggested that the person who wants to build a duplex and rezone their property should take the responsibility to demonstrate that a duplex is possible on the lot. Mr. Randy Smith, resident at 5711 E. Wildridge Rd #B, stated the Council has the opportunity to make sure a mistake by the Town of Avon staff does not impact somebody in an enormous way. Mr. Smith feels Ms. Leeds did her due diligence in asking the Town of Avon, and relied on the information given to her. Mr. Ron Miller, a nearby resident to Lot 12, does not see the harm of a duplex in the neighborhood. There being no further comments from the public, Mayor Yoder closed the public hearing. Councilor Peter Buckley asked Ms. Leeds if she has a for sale sign on the lot in question. Ms. Leeds said she put a for sale sign on the lot in August of 2000, after the initial P&Z decision to keep the lot as single-family. Ms. Leeds found out about the zoning problem after the closing when she was working on designs and plans for the duplex. Councilor Cuny stated the fact remains the lot is zoned single-family and does not think that should be ignored due to a staff mistake. Councilor Debbie Buckley does not think it's fair to the neighbors who own property in the area to be impacted by this.' Town Attorney Levin advised that the criteria for a zoning change has been met and the Council can change the zoning at any time. Councilor Brown stated he has yet to see a home devalued because of the structure next to it. He would need to see proof that there is harm being done to the people around this lot, he has not seen evidence of that. Mayor Yoder stated that her biggest concern is, what the Staff represented. Councilor Debbie Buckley stated that while she understands what Mayor Yoder is saying, she feels that two wrongs don't make a right and the neighbors should not be penalized for a mistake that was made by the Staff. Councilor Cuny agreed. Mayor Protem Reynolds was led to believe that Ms. Leeds came to the Town before she purchased the lot and was told at that time it was a duplex lot and then she purchased the Regular Council Meeting 5 November 27, 2001 property. He did not know that she purchased it afterwards. He stated law aside, the Council is allowed to change anything at anytime. - He felt that putting a duplex on this lot would not devalue anything, but he honestly feels that it will be hard to put that large of a structure on the lot. He does not feel that changing the zoning on the lot will be harmful. However, the owner still needs to show the burden of proof that they can fit the structure on the lot. He feels it will be more difficult than they understand. Mayor Protem Reynolds motioned approval of Ordinance No. 01-17, Series of 2001 on second reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried with Councilor Brown, Councilor McDevitt, Mayor Protem Reynolds, and Mayor Yoder voting aye. Councilor's Debbie Buckley, Peter Buckley, and Rick Curly voting nay. Resolution No. 01-37, Series of 2001, A Resolution Approving the Preliminary Plan for Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Town Engineer Norm Wood stated this is a resubdivision of Lot 1, Mountain Vista Resort Subdivision, which was a resubdivision of Lot C, Avon Center. "He stated that this is.the employee housing portion of the project. Staff recommends approval. There being no comments from the public, Mayor Yoder closed the public hearing. Councilor Debbie Buckley motioned approval of Resolution No. 01-37, Series of 2001. . Councilor Brown seconded the motion. Mayor Protem Reynolds questioned the 22 units. Mr. Wood stated that there are 20 units, the other two units are common areas. Themotion carried unanimously. Regular Council Meeting 6 November 27, 2001 • • Consent Agenda: a.) Approval of the November 13, 2001 Council Meeting Minutes b.) Financial Matters c.) CASTA Agreement for Fiscal Year 2003 FTA Funding Request d.) Resolution No. 01-38, Series of 2001, A Resolution Approving the. _ Condominium Map, Mountain Vista Employee Housing, A Resubdivision, of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado Councilor Debbie Buckley motioned to approve the Consent Agenda. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Brown motioned to adjournthe meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 6:45 PM. SPECTFULLY SUBMITTED: APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council_ Meeting 7 November 27, 2001 ei Nash; Town Clerk NM 71 ~147! 'r'.1 ak- ,Vt*~n~ Y: 'rte. ~ F.' °T.~, ~:'~':F S y~91 4~^ z4 ~ o $ A S ~ Yom. ` « - yer xa- "P ONE - P1.' mow" ot. ,pir F °'y~'s*'a%. x^» ~ wrm. 61., 4k-04 A' ~ ar,. ' rv?q,^.y -f yyr kfM ~ J' x r e+NJi.b' a 1W fk +qt ?y8 ~-`;S, ~-ma=r>.." wL: s,.~ ~ ..~j JY ,.•,dox p~. • ''~'1. a~ ,tea _ . ~ 'it tv r t-:y,.`;~- ~a . , .rte .`-_t e^L'F»;,s_;,r~ ~ s ~ ~ ~ ~ ~~~,f,-~'y~~~.yyy~~r'du~` G$'~, - ~ 7}~e x w'~'-q.;,- "zo". J+ _ J