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TC Minutes 10-23-2001MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 23, 2001 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken with Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz Reynolds present. Councilors Michael Brown and Rick Cuny were absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Director of Community Development Ruth Borne, Engineer Anne Martens as well as members of the press and public. Citizen Input: Employee Bonus Awards: Mayor Yoder presented Third Quarter Employee Bonus Awards for employees nominated by other employees for going above and beyond the call of their normal job duties. The award winners were: Steve Hodges, Police Department, for his great police working in solving the case of the tipping over 10 concrete pillars along Avon Road. Mike Lundblade, Police Department, for designing a drinking and driving program for 15 year olds in his driver's education classes. Eric Johnson, Community Development, for doing the work of two people while his coworker was stuck over seas. The department can count on him to do the job and do it correctly. Sarah Stoutenburg -Lai, Recreation Department, for her hard work coordinating the three special events this summer as well as making sure the closing of the recreation center went smoothly. Norman Wood and Larry Brooks, Administration Department, won a team award for their dedication to Avon and going above and beyond their call of duty. Citizen Input: Fall Fun Night Update: Mr. Tommy Schneider stated that Fall Fun Night will take place on October 31 from 4 PM to 8 PM in Nottingham Park. He stated it is a safe, fun, non -scary event for families and children. Citizen Input: Appeal of Home Day Care, 2121 B Long Spur, Lot 41, Block 1, Wildridge Mayor Yoder stated that she will step down from the appeal and Mayor Protein Reynolds will run this part of the meeting. Town Attorney Levin stated that the Walkowicz's own a duplex in Wildridge and applied for a special review use approval to conduct a daycare in their unit. A hearing before the Planning & Zoning Commission (P &Z) was held on the application and they recommended approval. Daycare does meet the criteria for a home occupation in Avon. Mr. Levin stated that the neighbors, the Carroll's, sent a written appeal to the Town of Avon, which brings the appeal before the Town Council to decide. Mr. Levin stated that petitions and letters have been received for and against the issue and are made a part of the record. Mr. Rich Carroll, resident of 2121 A Long Spur, which is next door to the daycare, approached the Council. He stated that the town code states that a home occupation does not interfere with the parking, access or other normal activities on adjacent properties or with units in a multi - family dwelling. He stated that there has been three instances so far that their access has been interfered with. He believes this activity will impede their normal use of their duplex. He added that he is also concerned with the liability issue and insurance. Mr. Carroll stated that the Avon Town Comprehensive Plan states that the plan should be dynamic and flexible and respond to changes in public attitude, it also states that home occupations that do not negatively impact other residences should be encouraged. He added that the Municipal Code states that home occupation does not effect the residential character of the neighborhood. Mr. Carroll stated that this whole event has greatly effected public attitudes, has definitely negatively impacted other residences, and has definitely negatively impacted the character of the neighborhood. Mr. Carroll stated that the rules under which this was granted states that there are no employees allowed, however, the State does allow the use of substitutes. Ms. Walkowicz Regular Council Meeting October 23, 2001 sent a letter to the Town stating that she will use substitutes. Mr. Carroll questioned when a substitute becomes an employee. Councilor Peter Buckley asked if the daycare clients were to park on the street for the purpose of dropping off and picking up only, would that mitigate the problem of blocking the driveway. Ms. Geralyn Carroll stated if they park on the street they will still be walking in on the same common driveway, again presenting a liability issue. Mr. Carroll felt the liability issue was a big issue because if a child was injured due to an accident then everyone is going to get sued. He asked if the Town would do anything to indemnify the Carroll's from any possible lawsuits. Mr. Levin advised the Council not to do that. Mr. Carroll asked if the daycare does get approved, who do they go to to see that all of the conditions are followed. Mr. Levin stated the Community Development department. Mr. Carroll stated that their access and normal activity has been effected and will continue to be effected. He stated that there was a petition presented to the Council with 14 homeowners opposed to the daycare. He asked the Council to uphold the appeal and not grant the daycare. Mr. Larry Eskwith, attorney for Shawn Walkowicz the daycare applicant, stated that the P &Z decision was made after a full investigation of the circumstances by the community development department of the Town. The P &Z rendered a memorandum that fully supported a home occupation of a day care in this location. He stated that the Council must consider the criteria set forth in the zoning code to make this determination. The special review use provision of the zoning code set forth three criteria: 1. Does this special review use comply with the zoning ordinance of the Town.; 2. Is it in furtherance of the Master Plan; 3. Does the home occupation fit in with the character of the neighborhood. Mr. Eskwith stated that the neighborhood is perfect for a daycare center because it is a neighborhood of young families and is filled with children. He said the day care center will have four children other than the applicant's children. The room that will be used is in the basement and not near the party wall. He said the children are young and will spend the vast majority of their time inside the residence. He does not think there is an issue relating to the creating noise that isn't reasonable in the neighborhood. Mr. Eskwith stated the State only allows six children to be located in this daycare center during any given day. The applicant has two children, soon to be three, so there will only be three more children at the residence. He does not feel the number of customers will be an issue. Mr. Eskwith stated that the daycare center will not cause the visible storage of parking vehicles not normally associated with residential use. Regular Council Meeting October 23, 2001 Mr. Eskwith stated that they will not be altering the exterior or interior of the unit. He stated that the residential character of the neighborhood will not be changed. He added that it is a residential home occupation and not an industrial or commercial occupation. Mr. Eskwith stated regarding interfering with parking, the applicant has the ability to park five cars on her side of the driveway. There will be no cars parked on the street. He stated that the parents know not to block the driveway being shared by the two residences. He added that there is adequate parking everyday for the number of vehicles that will be there. The cars will arrive at different times everyday to drop off their children and then leave. They will not be there for long periods of time. He does not see how this particular use will interfere with parking. He stated that this daycare will not require alteration of the residence to satisfy Town code or County health regulations. He stated that there will be no signage. Mr. Eskwith stated the only two criteria that are pertinent is the noise issue and the parking issue. He does not feel they really are issues if you examine them carefully. Mr. Eskwith felt this is a furtherance of the Master Plan. The Plan encourages home occupations, especially ones that will cut down on commuting. He stated that it does comply with the neighborhood. He stated that there are a lot of kids in the neighborhood and this will fit in very nicely in the neighborhood. Mr. Eskwith stated that they want to make the neighbors happy. They want it to be a daycare center that fits in with the neighborhood that people will be comfortable with. He stated that the issue of liability should not be an issue. Ms. Walkowicz submitted a letter from an insurance agent that states she will have the ability to get liability insurance over and above homeowners insurance. It also stated that it in no way will effect the neighbors ability to have insurance. He does not see how liability is increased as there will be children walking up the driveway in any event. Mayor Protem Reynolds questioned if a child is hurt in a shared driveway are the people on the other side held liable, since the driveway is a shared easement and insured by each owner. Mr. Levin stated that the Carroll's should not have any liability in connection with the child unless it is done negligently by the Carroll's. Councilor Buckley asked for more clarification on employees and asked about a substitute. Mr. Eskwith stated that the only time a substitute would be used is in an emergency. He stated there will not be anyone running the day care except Ms. Walkowicz. Mr. Eskwith later clarified that her State license prohibits employees. Regular Council Meeting October 23, 2001 Councilor McDevitt asked for a plat showing the driveway and the three parking spaces. He questioned that in the event of snow do the parking spaces get used as snow storage. He was told not at all. He was shown on a map by Comm. Dev. Director Borne the parking layout. Councilor McDevitt clarified where the car was parked that blocked the driveway during the incident that was earlier referred to by the Carroll's. Ms. Carroll stated in the common easement area (Ms. Carroll pointed it out on the map). (Note: Discussion took place away from the microphone and was unable to transcribe). Mr. Eskwith presented a sign -in sheet from the days in question showing that only one child was present on one of the days and that no children were present on the other day. Mr. Eskwith stated that the safety issue is really not an issue. Parents are driving children to a daycare center at different times. They are not going to be driving in a reckless fashion that will injure their children or any of the neighborhood children. He added that it is not that many cars and it will not interfere with the school bus or the garbage trucks. Mr. Eskwith stated that there are petitions for and against this home occupation. He stated that the petition for had 27 signatures, most of which came from people who live on the same street as the day care. He added that there have been numerous letters written in favor of the home occupation and it shows how much this center and all day care is needed. The Town should consider how great this need is and what a benefit this center will be to the town. Ms. Susan Peterson, resident of 2133 A Long Spur, stated that the Town's Comprehensive Plan has great visions, but each case should be looked at separately. She does not think it is advisable to add a business on a cul -de -sac. She feels that parking will be an issue. She added that the Comprehensive Plan encourages home occupations that reduce commuting by residents and do not negatively impact other residents. She stated that there are a significant number of people that live on Long Spur who believe that they will be negatively impacted. She stated that the plan also states it should be updated every three to five years, and this plan was approved in 1996. She added that the pending ordinance to revise the daycare ordinance tells her that they are at the five year period. Mr. Morgan Turner, resident of 2455 Old Trail Road, stated that he lives in a four -plex, next door to a unit that was granted a home day care permit. He stated that even though the bylaws stated no owner occupation the applicant was granted a permit. He stated that this has caused the neighbors not to speak to each other. One neighbor has sold and moved. He added that in the end the daycare was not granted anyway. He said their rules superceded the application because they were in violation of their own bylaws, yet the permit was granted. They threatened to take civil action against the applicant and it ended. Now they have a neighborhood where no one speaks and they don't share common anything now. He agreed there is a need for day care. When there is a single dwelling no one is impacted directly. When there is a common wall the communication process must occur. He said not everyone has to enjoy the noise generated by children. Regular Council Meeting October 23, 2001 He said the process has had a negative impact on their neighborhood so no one speaks. He said that he will move from his residence. Ms. Wendy Davidson, resident of Eagle -Vail, stated that she is a neighbor of two home daycares and has no negative impact. She is in support of this daycare application. She added that there is an extreme need for daycare. Ms. Ann Hirn, resident of 2151 Saddle Ridge Loop, presented a letter for the record. She stated that there is a risk when you buy a duplex, you never know who your neighbors are going to be. She said you have to live in harmony with your neighbors. She is in favor of the daycare. Mr. Doug Cross, resident of 2158 Long Spur, stated that it is great having kids on the street and can't imagine the whole complaint about kids and the noise. He stated that he really appreciates the neighbor of his duplex. He felt that there was a lot of pettiness here. He can't imagine anything negative about kids that age. Ms. Kristen Joseph, resident of 5164 Long Sun Lane, stated that she is new to the valley and has to work. She was unable to pursue a job because she did not have child care. Now that she has found childcare, she is unable to pursue work for fear that this day care will be closed. She said the valley is in desperate need of childcare. She said children do make noise, however, that is inevitable. She said that if they do close this daycare something needs to be done because childcare is difficult to find. Mr. Brian Nolan, resident of Long Sun Lane, stated this is a lifestyle choice. He thinks children making noise is a wonderful thing. You buy a duplex and hope for the best because you don't know what is going to be on the other side. He did commend the new ordinance requiring approval from the neighbor of a common wall. He said the valley is in desperate need for childcare, but does not feel it should come to the political level of the Avon Town Council. He is not in favor of daycare in residential neighborhoods where variances need to be changed. Ms. Carroll stated that they have never complained about the noise. She stated that she knows that daycare is a huge issue and has been for the past 13 years. She stated that the Comprehensive Plans need to be redone based on the culture of the community. She does not feel that enforcing a bylaw to do home daycare is going to solve the problem of home daycare. She does feel that the issue must be looked at as a community and a task force should be formed to look at this issue in a more diplomatic civilized way. There being no further comments, Mayor Protem Reynolds closed the public hearing and opened up for discussion amongst the Council. Councilor McDevitt asked the Walkowicz's if they went to their adjacent duplex neighbors and talk to them about it. (Note: Ms. Walkowicz is speaking away from the microphone and is sometimes unable to transcribe). Ms. Walkowicz stated she contacted Ms. Carroll in early July at which time her comments were favorable. She stated they Regular Council Meeting October 23, 2001 talked civilly about it for a long time and then things went awry when she asked for some documents regarding liability. Ms. Walkowicz stated that she emailed the documents to her, which Ms. Carroll said she never received. Ms. Walkowicz did not know that and then when it came time for the meeting, suddenly Ms. Carroll objected. Councilor McDevitt asked Ms. Walkowicz if she has instructed her clients to park in designated parking spaces as opposed to a shared entryway. She stated that they all know to park directly in front of her garage, they also come at different times. She stated that she has never seen a car park in the middle where no one can get in or out. Councilor Peter Buckley confirmed that the total number of cars at any given time is three. Ms. Walkowicz stated that is correct and it is only on Monday. Mr. Buckley asked who was for and who was against the daycare. Seven people were for the daycare and four people were against the daycare. Mayor Protem Reynolds stated that he has seen this issue come in numerous times while serving on the P &Z Commission and the Town Council. He finds it hard that his neighbors are having such a hard time dealing with children. He hates to see government having to make more laws, but is really in favor of having this law changed so they don't have this situation brought before the Council again. There being no further comments from the Council, Mayor Protem Reynolds asked for a motion. Councilor Peter Buckley motioned to approve the application for the daycare. Councilor McDevitt seconded the motion. The motion carried unanimously. Councilor Peter Buckley added that there is an ordinance on the agenda tonight that will require approval of the common wall neighbor that he is going to vote in favor o£ This will solve the situation neighbor to neighbor, where he feels it belongs, instead of coming to the Council. Ordinances: Second Reading of Ordinance No. 01 -12, Series of 2001, An Ordinance Approving the Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Community Development Director Borne stated Tanavon Corporation is proposing 45 units on Lots 40 and 41, Lot 38 will be designated open space, which will be conveyed to the Town. Staff recommends approval. Regular Council Meeting October 23, 2001 Councilor McDevitt confirmed that two access points with turning lanes were included. He questioned how many cars could be in each lane. Ms. Borne stated that issue will be resolved at final design because they have still not submitted final design application. Mr. McDevitt stated that the lanes have to allow for the maximum number of cars, and no one ever going up the hill should ever have to wait for someone making a left turn. There being no further comments, Mayor Yoder closed the public hearing. Councilor Debbie Buckley motioned approval of Ordinance No. 01 -12, Series of 2001 on second reading. Councilor McDevitt seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 01 -13, Series of 2001, An Ordinance Amending Chapter 17.48 of the Avon Municipal Code Relating to Home Occupations /Child Day Care Mayor Yoder stated this is a public hearing. Town Attorney Levin stated this ordinance amends the daycare requirements. Minor modifications were made prior to second reading to include language stating that daycare in a duplex requires consent in writing from the people living on the other side of the duplex. Applicants living in a multi -plex require the consent of the owners sharing the common walls. There being comments from the public, Mayor Yoder closed the public hearing. Councilor Peter Buckley motioned approval of Ordinance No. 01 -13, Series of 2001, on second Reading. Councilor Debbie Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 01 -14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation Regular Council Meeting October 23, 2001 Second Reading of Ordinance No. 01 -15, Series of 2001, An Ordinance Approving an Agreement Concerning the Terms of Annexation, Development and Subdivision of the Lands Described in the McGrady Acres Petition for Annexation; Authorizing and Instructing the Mayor of the Town of Avon to Sign the Agreement on Behalf of the Town; and Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as Amended Second Reading of Ordinance No. 01 -08, Series of 2001, An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated that each ordinance will be voted on separately, but the public hearing will be held jointly for all three ordinances. Town Attorney Levin stated the three ordinances will accomplish the annexation of McGrady Acres, a development agreement for the property, and the zoning on the property. Mr. Bill Post, representing the applicant Traer Creek, stated that in 1998 when the Village at Avon was approved, the vast majority of people insisted that the first thing to happen was the construction of the I -70 interchange and connection to Highway 6. That is why he is annexing and developing McGrady Acres. This will put him in compliance with the original 1998 Annexation and Development Agreement. Mr. Post stated that it is unfortunate when the public gets against the developer and it becomes personal and we start attacking things instead of what the real issues are. He stated that the only outstanding issue in the zoning with the residents of Eaglebend is the honest difference of opinion of what one of the lots ought to be zoned. He hopes the people will keep things on a rational basis, because this will be a long project, and not make things personal. Mr. Post stated when they started this process several months ago, they sent flyers and posted the Eaglebend Drive homes to meet with the neighbors to keep them informed. He stated that after meeting with the residents, they did not want construction crossing at Stonebridge Drive and we withdrew that. He has agreed to do everything he can to not run construction traffic down Eaglebend Drive. He agreed to move the rock crusher, which is required for the interchange development, as far away as physically possible and agreed to berm and shield it. Then when we got to the point of the McGrady Acres annexation the people came and said what they really want is a cul -de -sac. Mr. Post said although he does not agree that it is good planning, he did agree to build it. He also agreed to build a wall or a fence to separate the property from the Eaglebend residences. In addition, they agreed not to bring this into the Village at Avon but leave the property in Avon and leave it up to the Town's P &Z so it is within their control and not the Village at Avon's control. He said many things he agreed to that he did not have to agree to. The only thing that he has not agreed to is should the lots next to the new four lane road be residential or should it be neighborhood commercial, the lowest commercial Regular Council Meeting 9 October 23, 2001 zoning that the Town has. He stated that there is an honest disagreement with some of the residents whether that should be residential or commercial. He still believes the best zoning is neighborhood commercial. He said that it's not that they have not listened and worked with the people, but that he disagrees on what the zoning should be. Mayor Yoder stated that six letters have been received from nine people that will be entered into the record and they all support the cul -de -sac and most support residential zoning. Councilor McDevitt asked Mr. Post to explain what the other lots in the area are zoned. Mr. Post stated that there are four lots, one located on each corner of the intersection of what would be Eaglebend Drive and the new Post Blvd. Staff and P &Z both recommended that Lot 3 and Lot 2 be zoned commercial. There has been no objection to Lot 2, Lot 3 is the lot in contention. There is also a lot located in the county that has been rezoned under PUD allowing commercial (overnight cottage rentals). Lot 6 is the other lot, which is presently zoned residential, but the owner adamantly believes that his lot should be commercially zoned with the new road running through it. He added that if Mr. Post is required to build residential, the Lot 6 owner will go to the County for commercial zoning and not annex into the town. Mr. Post stated that if he is required to build residential, they will still have commercial on Lot 6. Mayor Yoder asked Mr. Post if he has the option of going to the County for zoning. Mr. Post stated that he does and if he goes to the County he will ask for something more extensive than neighborhood commercial. Mayor Yoder asked the size of Lot 3. Mr. Post stated approximately 1.3 acres. Mr. Mike Bowen, owner of Lot 6 of McGrady Acres and Lot 1 in Avon, stated that Lot 1 will be his residence. He stated that he and the neighbor across the street are probably the most impacted by the annexation. He also stated that he is very pleased with the cul -de- sac. Mr. Bowen stated that his intent was to use Lot 6 as his residence, but with the Traer Creek annexation and the busy street to come, he now intends to apply for annexation into the town and then apply for neighborhood commercial zoning if that is what is received by Mr. Post. If Mr. Post does not receive commercial zoning then he will apply for commercial zoning through the County. The lot is approximately the same size as Mr. Post's property. Mr. Buz Didier, resident of Eaglebend Drive, stated that he wants the cul -de -sac. Mr. Bruce Drumm, resident of 4570 Eaglebend Drive, requested the consideration of the cul -de -sac for safety, to preserve the neighborhood, reduce the traffic and noise level, prevent Eaglebend Drive from becoming a direct route from the Village at Avon project to the Town of Avon, and discontinue the short cut being used now by locals. He stated that Eaglebend Drive is not made for heavy traffic and he wants the street to remain a neighborhood. Mr. Drumm stated that commercial zoning on McGrady Acres should not be allowed. He stated that homes would butt up adjacent to the commercial zoning. He Regular Council Meeting 10 October 23, 2001 wants to preserve the neighborhood. Mr. Drumm also stated that he is glad the Village at Avon is part of the Town of Avon, but questioned how they got their own design review board. He stated that is a town within a town. He questioned how Traer Creek will improve the Town of Avon. Mr. Drumm added that Mr. Post stated that if he does not receive the commercial zoning from the Town that he would go to the County. He asked if this is going to continue one issue after the other. He does respect and thank Mr. Post for the things that he has worked out, but asked what is the future of Avon. He does not want to see the project happen independently of the Town. Mr. Drumm wants the cul -de- sac and residential zoning. Councilor McDevitt asked Mr. Drumm if the Council voted to approve residential zoning then there a possibility that the cul -de -sac won't happen and asked what his comments are if that happened. Mr. Drumm stated that he wants the cul -de -sac and the residential zoning and is not willing to give up on that. Mayor Protem Reynolds stated that he is in favor of keeping Eaglebend Drive open to make traffic flow more easily through the Town. He does not think that it will become a main road for the connecting road. Mr. Reynolds stated that Mr. Post has given up a number of things and now it is time for the residents to realize that they may not get everything that they want. He said Mr. Post does not want to impose on the residents but he is trying to work with them. He doesn't know how much more they can ask of him before he just decides to take it to the County. Councilor Debbie Buckley stated that her concern is that if he goes to the County there is a good chance that it could become a through street with neighborhood commercial at the end of it. Mr. Bobby Banks, resident of Eaglebend Drive, stated that he is against neighborhood commercial zoning. He said that if it comes down to a choice, the most important thing to him is the cul -de -sac. Ms. Kathleen Walsh, resident of 4755 Eaglebend Drive, stated that when they annexed the Village at Avon, she requested that their street be made a cul -de -sac at that time. She stated that the petition that was brought before the Council specifically stated that they wanted the cul -de -sac with residential zoning. She stated that they should not be the ones making concessions to the developer. Ms. Walsh commented on Ordinance No. 01 -14 stating that annexing McGrady Acres makes it a complete development and makes sense. She does not disagree. She did question how they could annex in part of the Denver Rio Grande railroad right -of -way. Mr. Munsey Ayers, attorney for Traer Creek, stated that the inclusion of rights -of -way is included under the Annexation Act and that Traer Creek meets the requisite ownership requirements for the petition. He stated it is in accordance with Section 107 of the Statute, which is the Municipal Annexation Act. Regular Council Meeting 11 October 23, 2001 Ms. Walsh asked if it was a buildable right of way. Mr. Ayers stated that it is not being built on, but just being annexed in. Ms. Walsh stated her concerns on Ordinance No. 01 -15 regarding the approval of the Annexation, Development and Subdivisions Agreement. She felt that the Town has no protection under the Default, Remedies, Termination paragraph of the agreement. She said the remedies should favor the Town and not the developer. Ms. Walsh also had concerns that the agreement was between the Town, EMD Limited Liability Company, Traer Creek LLC, and Traer Creek Metropolitan District. She questioned when the metro district had been formed and where are their guidelines. Mr. Post stated it was formed in 1998 and was approved by the Council. He stated there are service plans that set forth what they can and can not do. Ms. Walsh asked who oversees the District. Ms. Walsh stated that she is concerned also with the section of the agreement concerning no obligation to develop. While it would be fine with her if they did not develop the land, she is concerned if they were to half develop the land. Ms. Walsh next commented on Ordinance No. 01 -08 regarding the zoning of McGrady Acres. Ms. Walsh stated that they should not be asked to choose between the cul -de -sac or the zoning. They are just requesting what is already there. She stated that the ordinance states the proposed uses are compatible with the surrounding area. She said the surrounding area is residential, there is no commercial area there. She asked the Council to ask for specifics on what he will build and not give him a general zoning agreement. She has concerns that he could take out the park on Lot 1 and build employee housing. Mayor Yoder stated that he can not take out the park. Ms. Walsh said that Mr. Post is not losing land, but is actually gaining land and taking part of the park land. She added the town is the one losing land. Ms. Walsh added that the specifics of the cul -de -sac and the fence need to be decided before Council finalizes all of the other issues. Ms. Walsh added that Mr. Post stated that he is losing property because of the easement or right of way for the lot next door, but that is all easement for utilities anyway. She stated that is not really buildable. Mayor Protein Reynolds felt that Ms. Walsh was going on with issues that were very minute on a grand scale of McGrady Acres. He said that scale is trying to create something that works for both the residents and the applicant. He is having a hard time going over such a small issue when they are trying to develop a cul -de -sac, which is what the residents wanted. Ms. Walsh stated that the specifics need to be written in. Councilor McDevitt asked Ms. Walsh if the Council votes to have residential zoning, is she willing to accept the risk of it being overturned by the County. Ms. Walsh stated yes Regular Council Meeting 12 October 23, 2001 she is because she feels the County would not overturn that. Council confirmed that she wants both the cul -de -sac and the zoning. Ms. Christie Ferraro, resident of 3060 Eaglebend Drive, stated that Traer Creek is doing the development and that they need to take care of the impact. One reason they came up with the cul -de -sac was to satisfy the impact on the traffic. She stated the other impact is the busy road on the other end of the street and that Traer Creek is going to benefit by changing to commercial zoning to the detriment of all of the residential neighbors. She does not think that it is inappropriate to have homes backing up to a busy road especially if they are on a cul -de -sac. She stated that even if the residents did not want the cul -de- sac that Traer Creek would want it because they are getting one -third acre more to develop. Ms. Ferraro wants both the cul -de -sac and the residential zoning. She added that if they do go commercial, put limitations on it. Mr. Sy Easthouse, resident of Eaglebend Drive, stated that the entire Post Blvd. from I -70 to Highway 6 is going to be commercial, and that is a lot of commercial. He felt that the residential area is being screwed up by adding commercial zoning. He added that the cul- de -sac is very important and would like to see residential zoning. Ms. Colleen Weiss, resident of 5221 Eaglebend Drive, wants a cul -de -sac. She would like to see residential zoning with a cul -de -sac at the end. Mr. Walter Dandy, resident of Eaglebend Drive, stated the most important issue is the cul -de -sac. He also feels that commercial zoning is wrong. Ms. Jamilya Kovacik, resident of Eaglebend Driver, stated that she wants the cul -de -sac and residential zoning. There being no further comments from the public, Mayor Yoder closed the public hearing. Mayor Yoder asked for discussion on Ordinance No. 01 -14, Series of 2001, amongst the Council. Mayor Protem Reynolds motioned approval of Ordinance No. 01 -14, Series of 2001 on second reading. Councilor Peter Buckley seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. Next Mayor Yoder asked for comments from the Council on Ordinance No. 01 -15, Series of 2001. Mayor Protem Reynolds confirmed that the agreement sets up lots and a road going through. Mr. Post stated that it also includes plans for the cul -de -sac and collateralizes Regular Council Meeting 13 October 23, 2001 the cul -de -sac. He also confirmed that under the documents, Traer Creek is paying for the cul -de -sac. Mayor Protem Reynolds motioned approval of Ordinance No. 01 -15, Series of 2001. Councilor Debbie Buckley seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. Next, Mayor Yoder asked for comments from the Council on Ordinance No. 01 -08, Series of 2001. Councilor McDevitt stated that this is a very difficult one and if they vote to approve this, he feels that the priority of the majority of residents might be in jeopardy. On the other hand, if the people are willing to run the risk of not getting the cul -de -sac, then they ought not approve the ordinance. Councilor Debbie Buckley stated while a lot of residents are willing to risk it going to the County, it is in the best interest of the whole neighborhood to have the cul -de -sac. That will do the most to preserve the neighborhood. Councilor McDevitt stated that in addition to Lot 3, if Lot 6 goes to the County and gets commercial zoning, then Traer Creek has a good chance of rezoning the lot commercial because of the proximity of everything. Councilor Peter Buckley stated that he would like to continue the working relationship with Traer Creek. If the land is annexed into Avon then the Town's P &Z have control over what is built. That control is gone if it goes to the County. He stated regardless of the way it goes tonight, he will keep working with the people on the issues. Mayor Protem Reynolds stated that he feels that Mr. Bowen will get his commercial zoning and that a residential unit next to that with an easement there is a bad situation overall. He stated that of the 650,000 square feet of commercial, 300,000 will be in two big boxes, the other 350,000 will be spread out over a large amount of area. Mr. Reynolds felt that the land should be zoned neighborhood commercial. Mayor Yoder stated that she feels the most important issue is that it be a part of the town of Avon. Mayor Protem Reynolds motioned approval of Ordinance No. 01 -08, Series of 2001, on second reading. Councilor Peter Buckley seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. Regular Council Meeting 14 October 23, 2001 Ordinances: First Reading of Ordinance No. 01 -16, Series of 2001, An Ordinance Approving the First Amendment (the "Amendment ") to the Annexation and Development Agreement (the "Agreement ") Between the Town of Avon (the "Town ") and Traer Creek LLC, A Colorado Limited Liability Company, EMD Limited Liability Company, A Colorado Limited Liability Company (Collectively the "Owner "), and Traer Creek Metropolitan District, a Quasi - Municipal Corporation and Political Subdivision of the State of Colorado (the "District ") Concerning the Development Rights and Responsibilities of the Town and the Owner with Respect to the Village at Avon; Authorizing and Instructing the Mayor of the Town to Sign the Amendment on Behalf of the Town, and Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as Amended Town Engineer Wood stated this ordinance approves the first amendment to the original annexation and development agreement. Some of the issues include minor changes in the way the commercial is developed with the timing in relation to the I -70 interchange. It makes some housekeeping items as well as provides for a potential use tax that could be implemented in the future, which was not addressed in the original agreement. Councilor McDevitt confirmed that June 15 was the new target date for the construction of the I -70 interchange and the prior date was April 15. He questioned why. Mr. Wood stated it probably can't be completed by that time for paving purposes. Councilor Debbie Buckley motioned approval of Ordinance No. 01 -16, Series of 2001 on first reading. Councilor Peter Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried with Councilor McDevitt voting nay. Resolutions: Resolution No. 01 -30, Series of 2001, A Resolution Approving the Articles of Incorporation and Bylaws of Buffalo Ridge Affordable Housing Corporation Asst. Town Manager Brooks stated that by passing this resolution the process is started to allow the Buffalo Ridge Affordable Housing Association to form and eventually fund the affordable housing set forth with the Village at Avon. Councilor Peter Buckley motioned approval of Resolution No. 01 -30, Series of 2001. Councilor Debbie Buckley seconded the motion. The motion carried unanimously. Regular Council Meeting 15 October 23, 2001 Resolutions: Resolution No. 01 -31, Series of 2001, A Resolution Approving Final Subdivision Plat for a Resubdivision of Lots 1, 2, 3, 4, and 5, McGrady Acres, Town of Avon, Eagle County, Colorado Town Engineer Wood stated that this is the final plat for resubdivision that was considered following the public hearing. The final plat is consistent with the preliminary plat that was previously approved including the cul -de -sac at the end of Eaglebend Drive subdivision and Lot 1, which is the town park. Staff recommends approval. Councilor Peter Buckley motioned approval of Resolution No. 01 -31, Series of 2001. Councilor McDevitt seconded the motion. The motion carried unanimously. Town Manager Report: Town Manger Efting stated that Colorado Association of Ski Towns (CAST) will be in Minturn on Thursday and Friday. Trends in Ski Resorts is going to be one of the topics. Consent Agenda: a.) Approval of the October 9, 2001 Council Meeting Minutes b.) Approval of the September 25, 2001, Council Meeting Minutes c.) Financial Matters d.) Resolution No. 01 -32, Series of 2001, A Resolution Approving the Final Plat, A Resubdivision of Lot 15, Block 3, Wildridge, Town of Avon, Eagle County, Colorado e.) Nottingham Road Bike Path — Change Order No. 3 Councilor Debbie Buckley motioned to approve the Consent Agenda. Councilor McDevitt seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Mayor Protem Reynolds motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 8:20 PM. RESPECTFULLY SUBMITTED: Kristen Nash, Town Clerk Regular Council Meeting 16 October 23, 2001 ,. 0 0 9 Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting 17 October 23, 2001