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TC Minutes 08-26-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 26, 2003 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Asst. Town Engineer Anne Martens, Recreation Director Meryl Jacobs, Public Works Gary Padilla, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Mary Jacobs presented an update to the triathlon special events taking place in Avon on September 7t'. Ordinances The Town Council considered on first reading Ordinance No. 03-10, An Ordinance approving the Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Councilor Sipes stepped down at this time noting a, conflict of interest on the project. Community Development Director Ruth Borne presented the Ordinance noting that Traer Creek LLC submitted the PUD Amendment for the Village at Avon on May 30, 2003. She explained that the Planning & Zoning Commission held several hearings. There were many opportunities whereby the information was presented outlining the proposed changes to the development standards and densities for the affected areas. The limited modifications are to the planning areas located north of the new 1-70 interstate exchange. She noted that the Planning & Zoning Commission unanimously recommended approval of the Village at Avon PUD Amendment as set forth in Resolution 03-14 (attached in packet). She noted the major highlights of the application as follows (also included in the council packet): ■ , Creating an additional 19.2 acres of Regional Commercial (Tract Q) immediately adjacent to the new interstate exchange. Post Blvd. divides this commercial area into separate parcels. The east parcel is approximately 7.8 acres and the west side consists of two parcels: 7.8 acres and additional 3.6 acres. As a frame of reference: Christy Sports is 6.35 acres and original Wal-Mart 6.33 acres. ■ Tract Q also includes 1.0 acres for the Fire District Regional Facility as required by the Annexation and Development Agreement. ■ Relocating the school site to Tract M and increasing the planning area for the school site by almost 2.0 acres. ■ Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of usable acreage for the community park is limited to 3.4 acres. The existing topography and steep slopes were not considered in the original planning area designation for the Community Park. Traer Creek LLC has agreed to replace the park area when RMF-1 and RMF-4 are developed. Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres - 6.0 du/acre) to 307 residential dwelling units (30.7 acres -10 du/acre). Providing a mix of 310 dwelling units on Tract M, shich surrounds the new school site. Tract M is specifically excluded in the Village at Avon PUD Guide from the total development rights currently approved. Therefore, this amendment includes the addition of 310 dwelling units (8.Odu/acre) to the previously approved 2,400 dwelling units for the Village at Avon. Since the additional density is above what has been previously approved, staff has recommended transit services be required for this development area combined with the school to mitigate the impacts and isolation from the rest of the Town of Avon. She noted that a more detailed analysis of the amendment was included in the staff report dated August 5, 2003. She then reviewed the twelve conditions that were set forth in proposed Ordinance No. 03-10. Shane Bohart introduced himself as the Vice President for Development for Traer Creek LLC. Bohart spent some timing addressing the overall project, the numerous agreements in place and the history of the project's development thus far. He highlighted a number of positive aspects of what has already been developed, i.e. the high standards of construction of the 2 big box stores, the new 1-70 interchange & round-a-bouts, the cul-de-sac in EagleBend. He then addressed the proposed changes in detail including the school site, density changes, the park, and issues with Tract M and Tract Q and addressed the questions asked by Council at the August 12th meeting. Council and the developer commented on some additional topics, i.e. hotel development, process with regards to PUD requirements vs. subdivision requirements, whether or not there is a need for more "affordable housing", and school site issues. Mayor Buz Reynolds opened the public hearing. Public input was received from the following people: Mike Cacioppo, Bobby Banks, Kathleen Walsh, Justin Haimes, Tamera Underwood, John Lender, Dan Smith, and Michelle Courtney. In general, the comments were not supportive of increasing density and there was some concern about not having a secured site location for the school because of the access problem. Again, the Council provided feedback about their concerns about the project summarized as follows (to name a few): ✓ Water rights confirmed by the Water Authority that they are adequate. ✓ Transportation to the project. ✓ Generally not supportive of the density increase or the accessory apartments. ✓ Keep school site on the north side of the highway, not on the valley floor. The majority of the Council supported the idea that more time was needed to look at all the information that was presented. Some discussion was had regarding the action to table the ordinance again or vote on it. Councilor D. Buckley moved to table the first reading of Ordinance No. 03-10, Series of 2003 to the September 9, 2003 meeting in order to take more time to try to resolve some of the issues outlined. Councilor Brown seconded the motion. A roll call vote was taken and the motion passed unanimously. (Councilor Sipes was not present & did not vote due to conflict of interest). Town Attorney John Dunn noted that the "first reading" of the ordinance on 9/9/03 did not require a public hearing & that the ordinance would likely change in content. Further questions were asked regarding the interchange opening date & the tenants for the old Wal-Mart building. Bohart answered by saying that the interchange would likely open mid October & that 2 tenants have leases, Pier One & Gart Brothers. The third party has not yet signed. The opening dates of the stores are slated for December. Avon citizen Chris Eckrum requested the developer provide a 3-dimensional model of what the project would look like; she noted that such a model was presented with the big box stores & it was very helpful for the community to then visualize the project. Regular Council Meeting Page 2 of 3 August 26, 2003 Resolutions Assistant Town Engineer Anne Martens presented Resolution No. 03-36, Series of 2003, .a Resolution to amend the Town of Avon 2003 Budget. She noted that this was a budget amendment to the Capital Improvements Fund to increase the 2003 Street Road Improvement Budget from $200K to $235K in order to install permanent delineators at Hurd Lane. She highlighted some of the road improvements to be completed yet this fall. Mayor Pro Tern McDevitt moved to approve Resolution No. 03-36, a Resolution to amend the Town of Avon 2003 Budget. Councilor D. Buckley seconded and the motion passed unanimously. Consent Agenda Mayor Pro Tern McDevitt asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda. Councilor Wolfe seconded the motion and it passed unanimously. a. Approval of the August 12, 2003 Regular Council Meeting Minutes b. Award Contract for 2003 Street Repair & Improvements to B&B Excavating, Inc. There being no further business to come before the Council, the meeting adjourned at 7:45 PM. RES tl FU"Y SUBMITTED: c Patty nny, n Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 August 26, 2003