TC Minutes 01-27-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 27.2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Pro Tem Mac McDevitt called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes and Ron Wolfe present.
Mayor Buz Reynolds was absent. Also present were Town Manager Larry Brooks, Town
Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny,
Town Engineer Norm Wood, Finance Director Scott Wright, Community Development Director
Ruth Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation
Director Meryl Jacobs as well as members of the press and public.
Ordinances
Town Planner Tambi Katieb presented on first reading Ordinance No. 04-01, Series of 2004, an
Ordinance approving Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. He explained that IDG3
LLC, the owner of Lot 61, has been working with staff over the last year finalizing a new PUD
Development Plan for Lot 61 as part of an extension of the original PUD development rights.
The proposed project had been discussed at the prior meeting on January 13th, and the
Ordinance was tabled in order that the following additional topics be addressed: _
✓ Clarification of Financial Impacts of the various potential development scenarios allowed
by the proposed PUD.
✓ Proposed building envelope along southerly side of project.
✓ Building Height.
✓ Impacts of Proposed PUD on traffic.
✓ Ability to provide parking for proposed development.
✓ Massing Model to evaluate relationship of proposed PUD to adjacent properties.
✓ Impact of current gondola proposal on transit center.
✓ Proposed PUD & conformance to process.
✓ Modification in development agreement.
A number of public comments expressed through letters to the Town were entered into the
record at this time. Town Planner Katieb then presented some of the historical aspects of the
projects development to date. He noted that the new PUD Plan and accompanying
development agreement set forth basic development objectives that Town staff and the
applicant have concluded as mutually beneficial. The proposed development standards reflect
a thorough analysis by the Town's financial consultant (Stan Bernstein & Associates), and set
both minimums and maximums of development consistent with these financial projections.
Michael Hazard, with IDG3 LLC, addressed the Council and related topics above. He referred
to a model he prepared on a laptop that reflected the building envelope & height of the project.
After some detail was presented on the project and the Town Council asked some questions,
the public hearing was opened by Acting Mayor McDevitt. Michael Repucci, with Johnson &
Repucci Attorneys at Law and representing Avon Center at Beaver Creek-1 Homeowners
Association, was present to comment on behalf of the members of the Association. Some of
the concerns he raised are as follows: the notice to the public on the application, acoustic
impacts of the project, details on elevation, and view corridor impacts. The hearing was closed
and Council made comments on some of the following issues, parking, acoustic levels, bus stop
design and timing of buses through the center, concerns from Avon Center residents, the idea
of improved language for design guidelines, roof articulation. Town Attorney John Dunn also
addressed some of the concerns expressed by Repucci about the manner in which the Council
is considering the pending application for approval of PUD zoning for Lot 61.
Councilor Sipes moved to approve Ordinance No. 04-01, Series of 2004, Ordinance approving
the Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, with the recommended conditions from
Jstaff, 1, 2, 3 and with the addition that we direct staff to propose additional conditions between
first & second reading 1) one of which will articulate a requirement along the north side of the
property immediately adjacent to the Town Center Mall requiring additional articulation from
essentially the 2-story to 3-story height requiring it to be articulated along the length, 2)
language reinforcing the Town Center Design Guidelines such that it is very clear to P&Z for
their final design review, that those Design Guidelines are to be adhered to and that in any way
shape or form enhanced, 3) address the roof articulation, roof pitch over the entire height so that
we understand, work with staff to look at east end of building.
Councilor Wolfe seconded the motion. Further discussion ensued about the east end of the
building / roof line. A roll call vote was taken and the motion passed with a 3 to 2 vote (Brown,
(Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay; Reynolds - absent). The motion carried and
Resolution 04-01, Series of 2004 was adopted. It was noted that another public hearing would
be held on February 10, 2004.
Resolutions
Town Planner Tambi Katieb presented Resolution No. 04-04, Series of 2004, A Resolution
relating to the extension of the Lot 61 Planned Unit Development (PUD) for Lot 61, Block 2,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. He noted
that at the last meeting, Town Council asked staff to address the potential lapsing of the
development rights for Lot 61 PUD while the review process of the pending Ordinance occurs.
Councilor Brown expressed some concerns regarding this resolution. The Resolution before
the Council recommends Planning & Zoning review the extension of Lot 61 PUD while the
public review process of the pending application is evaluated. Further discussion ensued about
the need to adopt the resolution.
Councilor Wolfe moved to approve Resolution No. 04-04, Series of 2004, A Resolution relating
to the extension of the Lot 61 Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark
at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado for the duration of the
deliberation. Councilor Sipes seconded the motion and it passed with a 4 to 1 vote (Brown,
Sipes, P. Buckley, Wolfe - aye; D. Buckley - nay; Reynolds - absent). The motion carried and
Resolution 04-04, Series of 2004 was adopted.
New Business
Community Development Director Ruth Borne presented Appeal of Planning & Zoning Decision
on 12/16/03 to deny fence application and noted that the applicant requested that this item be
tabled until the next meeting because she was unable to attend the meeting. The applicants is
Marjorie Marks, the Legal address is Lot 28, Block 3, Wildridge Subdivision, the street address
is 4491 Wildridge Road West. Applicant Marjorie Marks addressed the Council explaining the
need for her fence and made her request to ask for additional time in removing the fence.
Councilor Sipes moved to uphold the decision made by the Planning & Zoning Commission to
deny the fence application with the exception that the Town would allow her to remove the fence
in a couple of weeks and the posts at a later date. She was asked to work with Community
Development staff to identify the timeframe for removal. Councilor Wolfe seconded the motion
and it passed unanimously by those members present (Reynolds absent).
Regular Council Meeting Page 2 of 4
January 27, 2004
Community Development Director Ruth Born presented a request from the Geneva Crown Club
(formerly known as L'Auberge & Chateau St. Claire), for an extension on their building permit
application. She noted that the project expires on February 18, 2004 due to the lack of
construction activity, and with this permit expiration the existing zoning approvals including the
vested rights expire. She provided some history on the site development over the years. Staff
recommended that an extension be given for one year with the condition that there can be no
more extensions. Chris Kontogiannis with Geneva Crown Club addressed the Council noting
that their financing should be in place in the next 6 months and that some of the problems have
been due to closing & insurance problems. He informed the Council that they are still very
interested in completing the project. Discussion ensued about the need to restore the site back
to its pre-construction appearance if the applicant fails to secure financing and related costs.
Town Engineer Norm Wood indicated that he could provide an estimate for the next meeting. It
was also noted that Colorado First Construction could choose to proceed with construction
activity.
Councilor Wolfe moved to approve the building permit extension for Chateau St. Claire (Building
Permit # C-BP2002-17) be extended from 6 months from today with the following recommended
conditions, 1) Staff determine the appropriate amount that will cover the restoration of the site,
2) Applicant provide letter of credit or appropriate instrument in the amount that will cover the
cost of restoration of the site; and if in the event that at the end of the 6 months there is not
complete & final demonstrable funding for the project, the building permit & development rights
lapse and the Town will exercise the credit instrument to restore the site, and there will be no
possible extensions at that point, i.e. no pouring of footers one week before the permit expires,
and that the normal provisions of resumption of activity which would automatically extend the
building permit will not apply in this case. Councilor Sipes seconded the motion and it passed
unanimously by those present (Reynolds absent).
Other Business
Town Planner Tambi Katieb distributed an updated contract with the consultants RNL hired to
complete the Town's Comprehensive Plan, including the scope' of work to complete the fiscal
analysis (which was not a piece of the original Request for Proposal). He noted that the
deliverable date is slated for October 2004. Based on work session input, the schedule
continues to be ,fine-tuned. He requested Council action to approve the engagement of services
with RNL. Councilor Wolfe moved to approve the signing of the revised contract with RNL.
Councilor D. Buckley seconded the motion and it passed unanimously by those present
(Reynolds absent).
Town Attorney Report
Town Attorney John Dunn reminded the Council not to have any "ex parte communication"
regarding Lot 61, meaning no outside discussion regarding the topic. He informed the Council
that he would be meeting with Traer Creek LLC & Traer Creek Metro District to discuss the
Town's Municipal Service invoice.
Consent Agenda
Acting Mayor McDevitt asked for a motion. Councilor D. Buckley moved to approve the consent
agenda. Councilor Brown seconded the motion and it passed unanimously by those members
present (Reynolds absent).
a. Approval of the January 13, 2004 Regular Council Meeting Minutes
b. Agreement for Lease of Claims between Town of Avon, Grand Eagle Investment Corporation (Grand
Eagle) & Marvin B. Simon (John Dunn)
c. Agreement between Colorado Association of Transit Agencies and Colorado Transit Coalition (Bob
Reed)
Regular council Meeting Page 3 of 4
January 27, 2004
There being no further business to come before the Council, the meeting adjourned at 8:40 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 4 of 4
January 27, 2004