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TC Minutes 10-14-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 14, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community Development Eric Heidemann as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were none. COMMUNITY INPUT Missy Feldman, owner of Radio Shack, expressed concerns about the Avon 21 project. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. a. Minutes from September 23, 2008 b. Contract Parking Agreement with ECO Transit c. Change Order 006, 2007 Street Improvements d. Ground Engineering Proposal for Testing at the Recreation Center Remodel Mayor Pro Tern Sipes moved to approve the consent; Councilor Underwood seconded the motion and it passed unanimously. RESOLUTIONS Justin Hildreth, Town Engineer, presented Resolution No. 08-35. Series of 2008, Resolution Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. He noted that this was a review of Lot 61 PUD Final Plat and a proposal to vacate the plat. He presented the history surrounding the project describing the 2004 approval which allowed for a site specific development plan that allowed the building to encroach over and under the 50 foot right of way. Two final plats were approved and recorded; the first one dedicated the 50 foot right of way along with a 20 foot wide transportation hub easement on the south side of the property. The second final plat created a three dimensional subdivision that outlined how the building could encroach over and under the 50 foot right of way. Note 9 was added to the second final plat stating that the final plat could be vacated and revert to the first final plat if the development did not proceed. The PUD was contested in court and was declared invalid; therefore the development cannot proceed as approved. Staff requested the council approve this resolution No. 08-35 which would vacate the second final plant and revert to the first final plat to protect the Town's investment in Lettuce Shed Lane planned for construction in 2009. After some follow-up questions and comments a motion was made. Eric Heil noted that the process followed is outlined per the code book. Mayor Pro Tern Sipes moved to approve Resolution No. 08-35. Series of 2008, Resolution Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed unanimously. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Public Hearing on Planning and Zoning Resolution No. 08-06, Series of 2008, Resolution Recommending Denial To The Avon Town Council Of A Rezoning Application To Rezone From The Town Center (TC) Zoning Designation To A New Planned Unit Development (PUD) For Lots 21, 65a, 65b, Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision, which is described as follows: Property Location: Lots 21, 65A, 65B, Tract Q, and Parcel TK-3, Block 2, Benchmark at Beaver Creek Subdivision / 62, 68, and 182 Benchmark Road Applicant/ Owner. E.A.H., LLC Description: The applicant, Pedro Campos of the Vail Architecture Group, representing the owner of the property, EAH, LLC, is proposing a new Planned Unit Development (PUD) and a concurrent Preliminary Plan for Subdivision on a new redevelopment site comprised of a reconfiguration of the properties listed above, which are currently zoned Town Center (TC), and wherefrom the existing buildings would be scraped. The proposed PUD is envisioned to be a contemporary mixed-use development including retail space, office space, residential and lodging uses vertically integrated within three new buildings to be located on the site. Matt Gennett, Planning Manager, presented the PUD application as submitted to the Town Council in a notebook that included the following documents: Staff Memo ♦ Vicinity Map a Minutes from numerous P&Z meetings ♦ P&Z Resolution No. 08-06 recommending denial to the Avon town Council of a rezoning application, etc. o the Avon 21 PUD / Subdivision Application ♦ Schematics from the Preliminary Development Summary, Responses from several referral agencies, including ERFPD, ERWSD, Comcast, Xcel Energy, etc. ♦ Avon 21 Financial Impacts to Town of Avon submitted by Stan Bernstein ♦ Correspondence from VAg, Inc. Pedro Campos, a a model development agreement. He noted that the recommendation was from both staff & the P&Z Commission for denial of the application because the burden of proof has not yet been met by the applicant. He noted that there were concerns outlined in Resolution No. 08-06 that addressed numerous design criteria that were not complied with. Mr. Gennett spent time relaying comments from the minutes of the P&Z commission. It was noted that Council options included approval, approval with conditions, denial or tabling. Brian Judge representing Orion Development noted that the project has been developed over the last four years. He noted that it has been a difficult process trying to figure out where to start and the need to understand what the town wants in east Avon. He admitted to not having all the details in order, but in some respects the applicant wasn't sure it was necessary at this time to produce those items. He noted that the 10/8/08 letter does not request a tabling of the application. He would like to move through a series of meetings in order to further develop the project. He did not want to stop the process with P&Z and was hoping to understand the specifics Council wanted for the project. The following P&Z members commented on the process and the project: ❖ Todd Goulding commented on the processing of the application, noting that as the Commission asked for some types of changes, there were never any efforts made to revise the application. ❖ Chris Evans: spoke about having the appropriate tools and that basically the applicant did not respond to request made by the commission ❖ Leslie Roubos: commented that the applicant never came back with responses to the commissions' requests ❖ Scott Prince: commented that he'd like to have this application back on their table, there was never a good back & forth dialogue, asked that all three groups meet on the application, thought the tools were vague Regular Council Meeting Page 2 of 4 08-10-14 ❖ Chris Green: thought that the applicant had a plan on the table & that was the end of it, there were no responses to their requests ❖ Pedro Campos, VAg, Inc., noted that some additional documents that were completed. Mayor Wolfe opened the public hearing asking for comments from the public; the following people addressed Council: ❖ Kent Beidel, owner Loaded Joes, attended six of the meetings and noted that he thinks the comments were heard but not really addressed, ie parking. ❖ Leslie Roubos, resident of Avon and Member of P&Z, concerned about small businesses being able to survive ❖ Mindy Feldman, owned Radio Shack for 23 years and concerned about the small businesses Some discussion ensued about the process and fees for the application. Mayor Wolfe closed the public hearing. Council comments were heard at this time: ❖ Underwood: no way that the commission should or would approve a deal where they do not have the detailed analysis that includes some level of specificity; very strongly support denying the application ❖ Sipes: requested that water be treated as a condition and absolutely identified, this redevelopment is positive for the town, the ideas are young and need more negotiation ❖ Carroll: supported denial of the application and that the applicant should resubmit ❖ Ferraro: noted that P&Z is equipped to do this analysis, does not like that it is too big, prefers a smaller scale in density & height, need a better ratio of public benefit to impacts, would like affordable housing, neutral about the architecture ❖ Phillips: supports denying the application, has business concerns for the future residents, concerned about transportation ❖ Dantas: concerns with both east & west avon becoming too resort & not enough loca[ businesses in the area, doesn't want a big hotel with conference room, would like to see something more similar to Riverwalk, doesn't like contemporary architecture ❖ Wolfe: should have continued the negotiation of this project at the P&Z level; supports the denial of the application, staff can decide whether or not a pre application meeting should take place in the future, use of URA tax increment financing with the project, before the project is approved they want to know what it looks like ❖ Brooks: prefers to start over with a draft development agreement that outlines business points, staff will be specific about recommendations for lobby area and role of front desks, does not want unified ownership of the front desk area Councilor Phillips moved to deny the Rezoning Application To Rezone From The Town Center (TC) Zoning Designation To A New Planned Unit Development (PUD) For Lots 21, 65a, 65b, Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision as recommended by the Planning & Zoning Commission. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. Regular Council Meeting Page 3 of 4 08-10-14 TOWN MANAGER Town Manager Larry Brooks commented on the Governor's Energy Office award of the grant funding for the heat recovery project; he thanked Jenny Strehler and the Water and Sanitation District for their cooperative effort in this venture. MAYORS REPORT Mayor Wolfe commented on the Eagle County Land Trust Exchange. He noted that the project will be before the Eagle County Open Space Advisory Board to request some funding for acquisition costs. There being no further business to come before the Council, the meeting was adjourned at 7:50 PM. RESPECTFULLY SUBMITTED: t► ' lC Patty M ny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 08-10-14