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TC Minutes 02-28-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 28, 2006 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director Scott Wright, Town Engineer Norm Wood, and Senior Planner Eric Heidemann, as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Town Attorney John Dunn asked if any members had any ex parte communication regarding Ordinance No. 06-03; no one indicated any other conflicts other than the ones that have already been identified at earlier meetings (Councilors Ferraro & Sipes). Mayor Wolfe noted that Resolution No. 06-11 would be a public hearing and would be considered prior to other items on the agenda. CITIZEN INPUT Glen Merrick, Chairman of the Eagle Valley Chapter of the Rocky Mountain Elk Foundation, and briefly introduced the mission & purpose of the Foundation. He noted a future funding raiser opportunity & noted that the Foundation may be before the Council at a later date requesting funds. RESOLUTIONS Jeff Schneider, Engineer II, presented Resolution No. 06-11, Series of 2006, Resolution approving the Preliminary and Final Plat of the Enclave at Wildwood, A Resubdivision of Lot 8, Block 5, Wildridge, Town of Avon, Eagle County. Schneider noted that this final plat was for a townhouse subdivision of a developed lot, creating six townhouse units & a common area / 1031 West Wildwood Road, Units A-F. Applicant Steve MacDonald addressed the council with regard to questions about the driveway. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Sipes moved to approve Resolution approving the Preliminary and Final Plat of the Enclave at Wildwood, A Resubdivision of Lot 8, Block 5, Wildridge. Councilor Buckley seconded the motion and it passed unanimously. ORDINANCES Councilors Sipes & Ferraro left the meeting due to conflict of interest. Eric Heidemann, Senior Planner presented Ordinance No. 06-03, Series of 2006, on First Reading, an Ordinance approving the Amendment to the Confluence Planned Unit Development & Development Agreement. He noted that this is a request for an amendment to the 19 acre Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a Westin hotel, retail plaza, high-speed public gondola, condominiums, and fractional residential units. The property is located between the Eagle River and the West Town Center, accessible from Avon Road. Heidemann noted that some revisions were made to Ordinance No. 06-03 as well as the development agreement (staff recommended changes were outlined & distributed to Council at this time); these were reviewed at this time. Mayor Wolfe noted that process that the project has been through, i.e. Planning & Zoning Commission review, Council review, public hearings. Chuck Madison, East West Partners, presented the project to the Town Council and audience, noting that he would address a number of public improvements related to the project, some of which follow: ■ Riverfront Park Plans Permanent Public Easement Over Plaza & Restrooms ■ View Corridor ■ Install Great Landscaping ■ Upscale Hotel ■ Establish Unique Architecture ■ Complement Avon With Its Main Street Plans ■ Support Avon's Transportation Goals Use Environmentally Sensitive Practices A review was made of the capital contribution comparisons between the development generated costs & the Town's contributions to the project, as well as the net tax benefits of the project as projected by Stan Bernstein & Associates (documents were included at earlier meetings). Mayor Wolfe noted the developer is asking that the town's contributions be to the ongoing operation of the gondola & the public areas of the plaza, a total of $280K combined annually. It was noted that the contribution would be funded primarily by revenues generated by the project, i.e. property tax, amenities tax, sales tax. Mayor Wolfe opened the public hearing and the following people commented: ■ Peter Buckley commented on the funding of the project. ■ Ruth Borne supported the project overall. Titas Blackwood asked about funding the improvements. ® Mike Brown supported the project. ■ Drew Dodd supported the project. ■ Bouldec, asked about parking and supported the project. ® Brian Woodell, commercial real estate broker, supported the project. No further public comments were made and the hearing was closed. Some Council comments were made which addressed some of the following topics, parking, Gondola, hotel, park, the importance of the public benefits of the project. And finally Mayor Wolfe who supported the project made some comments, noting that it is a very good project, and although it may not be perfect, the town should move forward with a decision. Mayor Pro Tern Underwood moved to approve Ordinance No, 06-03, on first reading, an Ordinance approving the Amendment to the Confluence Planned Unit Development, Town of Avon, Eagle County, Colorado, with the conditions as noted earlier (list of Staff recommended changes would be included as part of the record of the minutes). Councilor Buckley seconded the motion and it passed unanimously by those members present (Councilors Ferraro & Sipes recused from discussion & voting on this topic due to conflict of interest). It was noted that second reading and public hearing would be held on March 14, 2006 and final documents would be had at that time. Eric Heidemann, Senior Planner, presented Ordinance No. 06-04, Series of 2006, on First Reading, An Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, Adding Definitions For Allowed Uses In The Industrial And Commercial Zone, Adding Self Storage As An Allowed Use In The Industrial And Commercial Zone District, And Amending The Parking Standards For Uses Allowed In The Industrial And Commercial Zone. He noted that these proposed amendments to the Zoning Code relate to parking standards for allowed uses in the Industrial & Commercial Zone by defining uses as well as reconciling allowed uses with associated parking standards. He noted that the primary intent of the proposed ordinance is to Regular Council Meeting Page 2 of 4 February 28, 2006 clarify the parking ratios since the current code does not enumerate the numbers clearly. He noted that written notification regarding these proposed changes were sent to surrounding I/C Zone property owners. Details were provided regarding the current I/C Zone allowed uses, the related parking ratios, staffs interpretations of the code as erroneous, and how the proposed ratios were calculated. Council asked numerous questions related to the topic & discussion ensued on how to calculate the ratio for parking and the national standards observed in doing so. Arn Menconi, Mark Donaldson, Chris Jergens & Phil Struve commented on the topic. Councilor McDevitt moved to approve Ordinance No. 06-04, on first reading, An Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, Adding Definitions For Allowed Uses In The Industrial And Commercial Zone, Adding Self Storage As An Allowed Use In The Industrial And Commercial Zone District, And Amending The Parking Standards For Uses Allowed In The Industrial And Commercial Zone. Councilor Ferraro seconded the motion and it passed with a five to one vote (Sipes nay). Second reading and public hearing would be held at the next meeting. RESOLUTIONS Rebecca Leonard, Design Workshop, reviewed her memo included in the council packet related to Resolution No. 06-10, Series of 2006, Resolution approving the Update to the Town of Avon Comprehensive Plan. She commented on some revisions made to the final document in a number of sections, the introduction, the future land use map, other guiding graphics, goals & policies, and district plans. She noted that this was Council's final action which is required to adopt the plan and that it was already approved by the Planning & Zoning Commission. Discussion ensued on the idea of including "neighborhood center as opposed to commercial". Other comments included some changes to the vision statement. At this time, Mayor Wolfe opened the Public Hearing. Resident Chris Green supported the comp plan. The public hearing was closed. Councilor Sipes moved to approve Resolution No. 06-10approving the Update to the Town of Avon Comprehensive Plan. Councilor Phillips seconded the motion and it passed unanimously. NEW BUSINESS Bob Reed, Transit Director / Public Works Director, presented the Service Agreement with Town of Minturn and the Service Agreement with Beaver Creek Metro District, both annual service agreements for fleet maintenance with the Town. Councilor Sipes moved to approve the service agreement with the Town of Minturn; Councilor Buckley seconded and the motion passed unanimously. Councilor Buckley moved to approve the service agreement with BCMD; Councilor Ferraro seconded the motion and it passed unanimously. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously. a. Minutes from February 14, 2006 for Regular Council Meeting & Liquor Board Meeting b. Easements for Eagle River Recreational Enhancements Project (Norm Wood, Town Engineer) Declaration of, Easements for RICD PE-06 & RICK PE-07, as part of the application to the Colorado Water Conservation Board for the in channel diversion There being no further business to come before the Council, the regular meeting adjourned at 8:30 PM. Regular Council Meeting Page 3 of 4 February 28, 2006 APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe R CTFULLY SUBMITTED: MCI L-T Patt enny, T Clerk Attachment: The Confluence Project: Staff recommended changes to Ordinance No. 06-03 related to the motion for Ordinance No. 06-03. Regular Council Meeting February 28, 2006 Page 4 of 4 r Staff recommended changes to Ordinance 06-03 WHEREAS (#6), after notices provided bX law, this Council held a-public hearings on February 14th February 28th, and March 14- 2006, at which time the public was given an opportunity, to express their opinions regarding the proposed PUD Development Plan Amendment; and WHEREAS 08), this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the, Municipal Code. The public benefits include- positive fiscal impacts identified in the economic models provided by staff and the applicant; dedication of approximately 5-acres of the Eaale River and associated high value natural resources; public plaza and lift conveyance; improved access and recreational opportunities, and an equitable capital contribution partnership. 1. Required revisions to the Development Plan: A. Delete General Notes 7a, 7b, and 7c, and revise as follows: "A fifty-five (55) foot view corridor through the public plaza adjacent to the proposed hotel as presented on the development plan and the final plat for the Riverfront Subdivision shall remain unobstructed- from the ground level upwards, with the exception of the gondola terminal. Minor encroachments such as public restrooms, awnings, landscaping, overhangs, decks and railings shall be reviewed and may be approved through the design review approval process". B. Delete General Note #1 and revise as follows: Professional offices, including real estate offices, shall be limited to the two locations eft fronting the public plaza as depicted to the Planning and Zoning Commission January 17, 2006. A temporary timeshare sales office will be permitted in the hotel and must be vacated within thirty (30) days of issuance of Temporary Certificate of Occupancy for Building E (Lot 3). No ether- plaza iadditional plaza frontage spaces are is permitted for use by professional and general office, including financial institutions and real estate offices orresidential units. - arking-Condifl , A. Delete General Note #8 and revise as follows: "A parking management plan, generally consistent with recommendations outlined in the Walker Preliminary Parking Operations Plan dated December 5, 2005 shall be submitted and, after review and approval by the Zoning Administrator, be included as, a subdivision plat note. The approved plan shall not be changed without notification of the Town, and shall be enforceable by the Zoning Administrator". 3. General Condition February 28 h, 2006 Town Council Meeting A. Water Rights: The property owner shall convey to the Town the water rights necessary to serve the approved development. Final water right determination shall be resolved between the property owner and the Town prior to recording 4 ^ Fin t P16 t. the issuance of building permit. E. Tract "A" shall be deeded to the Town and zoned "Open Space, Landscaping and Drainage" in accordance with section 17.20.120 of the Municipal Code but no, later than three (3) years after-the date of recording of final plat. The n & a bl u a d f e the existing W%- ° nt - i February 28`h, 2006 Town Council Meeting