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TC Minutes 02-10-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 10, 2004 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, 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 second 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 on both January 13th and January 27th and the current plan before the Council reflects some changes made in response to their comments & concerns. It was noted that the PUD application also includes two subdivision applications, one which approves the new surface lot configuration and right-of-way dedication, and the other which defines the below & above grade buildable areas. Michael Hazard with IDG# LLC addressed the Council with a summary of the project. He noted that the concerns included addressing several additional design constraints; he explained and showed a number of images that would reflect potential design aspects of the building. He also explained his model generated by computer software images that reflected current & proposed entitlements as related to mass, density, height, etc. Some time was also spent on describing the transportation hub element of the project, how exhaust would be handled with a canopy, some of the proposed design aspects. Mayor Reynolds opened the public hearing. Comments were heard from Bob & Cathy Rolance, (residents of Avon Center), Michael Repucci (Johnson & Repucci representing Avon Center Homeowners Association), Dave Nelson (Property Manager for Season Building), Chris Jergensen (Victor Mark Donaldson Architects), and Skip Dorseif. All comments were not in support of the project and concerns related to some of the following topics as follows: ✓ The design of the building ✓ The height of the building ✓ The mass & volume of the building, i.e. the building envelope ✓ Impacts on view corridors ✓ Proof of easement for parking between Lot 61 and Seasons Building Further discussion ensued about the certified height of the surrounding buildings, i.e. Avon Center, Seasons, Weststar Bank Building, etc. as submitted by Peak Land Consultants, Inc. as compared to the proposed height of the Lot 61 proposed building. The public hearing was closed and comments from Council members were heard. Councilor Wolfe moved to approve Ordinance No. 0401, on second reading, approving the Lot 61 Planned Unit Development (PUD) Plan and Development Agreement for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, with the following changes: 1) page two, all the language that applies to additional design requirements be revised to reflect "shall" rather than "should", 2) page nine, the paragraph relating to noise mitigation be replaced with paragraph that has been proposed and agreed to by staff, (written revision was submitted to the Town Clerk-attachment). He made some further comments about the process and the project. Councilor Sipes seconded the motion. Councilor Sipes asked if Councilor Wolfe would entertain including the photographs/boards presented by Michael Hazard that evening be entered as part of the record because they articulate the design guidelines point the Council was trying to achieve. Councilor Wolfe agreed to that include those materials per his request. Council members made some summary comments with regard to the project, i.e. identifying reasons for supporting it as well as reasons for opposing it. A roll call vote was taken and the motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay). The motion carried and Ordinance No. 04-01, Series of 2004 was adopted. Resolutions Town Engineer Norm Wood presented Resolution No. 04-05, Series of 2004, A Resolution approving the Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, located at 75 Benchmark Road. He noted that the resolution is considered in conjunction with the proposed PUD Development Plan and Development Agreement for Lot 61 and it provides for the dedication of a new road right-of-way connecting the Town center Mall with Benchmark Road and a Transportation Hub Easement adjacent to Benchmark Road to allow construction of a transportation center. It was noted that the final plat is in general conformance with the Preliminary Plan as approved by Resolution No. 04-01 and with Title 16 of the Avon Municipal Code, Subdivisions. Councilor Wolfe moved to approve Resolution No. 04-05, Series of 2004, A Resolution approving the Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Councilor Sipes seconded the motion and a roll call vote was taken. The motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay) and Resolution No. 04-05, Series of 2004 was adopted. Resolution No. 04-06, Series of 2004, A Resolution approving the Preliminary Plan & Final Plat for a Resubdivision of Lot 61, a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, located at 75 Benchmark Road was presented. This is a three dimensional subdivision in conjunction with a proposed PUD Development Plan and Development Agreement for Lot 61. The proposed Subdivision defines ownership and development areas below grade, at grade and above grade in accordance with the proposed PUD Development Plan and Development Agreement for Lot 61. This includes development rights above and below the newly created road-right-of-way and surface development for a Transportation Center on a dedicated easement on Lot 61. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. It was noted that if the PUD does not move forward, the plat expires. Councilor Sipes moved to approve Resolution No. 04-06, Series of 2004, A Resolution approving the Preliminary Plan & Final Plat for a Resubdivision of Lot 61, a Replat of Lot 61, Block 2, Benchmark at Regular Council Meeting Page 2 of 4 February 10, 2004 Beaver Creek, Town of Avon, Eagle County, Colorado Mayor Pro Tem McDevitt seconded the motion and a roll call vote was taken. The motion passed with a 4 to 2 vote (Brown, McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay) and Resolution No. 04-06, Series of 2004 was adopted. Ordinances - continued Community Development Director Ruth Borne presented Ordinance No. 04-02, Series of 2004, First Reading, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. The applicants are Formations LLC & George Plavec and they are seeking a PUD Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge. She noted that both properties are located at the end of June Creek trail on a 50'0 access easement which provides access to the U.S. Forest Service ("USFS") and access to Eagle River Water and Sanitation District's ("ERWSD") lift station. She noted that the applicants provided a detailed application supporting the merits of their application based upon the PUD criteria and other related documentation. The application included a traffic study based upon the impact of the proposed development, evidence of available utilities, a recommendation from the USFS, detailed development data analysis and revenue projections. She noted that on February 3, 2004, the Planning & Zoning Commission unanimously recommended denial of this application based upon the failure of the PUD application to comply with the PUD criteria set forth in Section 17.20.110 in Resolution No. 04-08. Included in the packet were both letters in support and in opposition (over 100 letter opposing) to the project. Borne noted that staff recommended tabling the Ordinance until a public hearing can be held in 2 weeks at the next regularly scheduled council meeting. Town Attorney John Dunn clarified "process" as it pertained to the application, i.e. the requirement of a public hearing on the recommendation by Planning & Zoning, the actions the Council might take that evening. He noted that Council could go ahead and take public comments at this time, all of which would still be included as public record. Applicant Shane Bohart with Formation, LLC addressed the Council at this time by reading a letter he submitted into the record as well. He expressed some serious concerns with the process he recently underwent and addressed many of them in detail in the letter he read. Discussion ensued for some time about what should take place next and what process would be applicable, i.e. PUD process or Subdivision process. The applicant requested a waiver of fees if he resubmitted a revised application. Some members of Council asked that staff respond to the letter; Town Attorney recommended that the discussion not move towards discussion of personnel matters. Mayor Reyonlds noted that at this time a public hearing was not required, however, he accepted public comments from the following people who wished to be heard, Brian Nolan, Lisa Post, John Eschelor, Chirs Jergensen, Mike Dantas, Larry Pardee, Dave Dantas, Mike Tumkey, Mary Isom. Mayor Reynolds asked the applicant what his decision was as to whether or not he wanted to withdraw the application at this time. Bohart requested an opportunity for he & his partner George Plavic to meet with staff to talk about a revised application that would not include any up zoning. It was noted that based on that request, the applicant withdraw the application and submit a revised application. Bohart did not support the idea that he should have to resubmit an application considering it was the same property & same issues. Further discussion ensued about what avenue would be most appropriate for the applicant at this stage of the process with his indication that he wanted to stay within his development rights and how the Town might look into problems he may have had in the process. The Town attorney did confirm that Council could not deny the Ordinance until a public hearing was held. Regular Council Meeting Page 3 of 4 February 10, 2004 Councilor D. Buckley moved to table Ordinance No. 04-02, Series of 2004, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado until the next meeting and at this time hold a public hearing on the proposed PUD. Councilor Brown seconded the motion and it passed unanimously. Town Manager Lary Brooks informed Council and the general public he would conduct a thorough investigation into the allegations made by the applicant; a report of the findings would be made to Council as a personnel matter in the appropriate forum. Othelf Business Councilor Wolfe then asked the Town Manager & Town Attorney to review and make a recommendation on revised legislation that would address the public hearing requirements, moving the hearing to the first reading phase of consideration, if at all permissible under Colorado Revised Statutes. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to approve the consent agenda; Councilor Brown seconded the motion and it passed unanimously. a. Approval of the January 27, 2004 Regular Council Meeting Minutes b. Great Race Pit Stop Car Race Contract There being no further business to come before the Council, the meeting adjourned at 8:15 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 February 10, 2004