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PZC Minutes 062082RECORD OF PROCEEDINGS MINUTES OF THE DESIGF. REVIEW BOARD MEETING MAY 20, 1982, 7:30 P. M. The regular meeting of the Design Review Board of Avon was held on May 20, 1982 at 7:30 p.m., in the Town Council Chambers of the Town of Avon Municipal Complex, 400 Benchmark Road, Avon Colorado. The meeting was called to order by Chairman Bill Pierce. Let the record show that members present were: Bob Zeeb, Cheryl Dingwell, Tommy Landauer, Bill Pierce, Mike Blair, Jerry Davis and Jim Meehan. Staff members present were: Art Abplanalp, Norm Wood, Dick Evans and Dick Blodgett. No. 1. The Tile Sh000e, Sign, Lot 23, Block 1 Nova Dostal, co-owner of the Tile Shoppe, made the presentation. She requested approval for a sign which will be located on the showroom side of the building (northside). The letters will be white over dark background. She will come back at a later date to present a sign for the other side. This sign will be a total of sixteen (16) square feet in size and is in accordance with what is allowed by the sign code. Cheryl motioned to approve the application for the Tile Shoppe sign as presented. Motion was seconded by Bob Zeeb and was passed unanimously. Item No. 2, Avon Center, Discussion of Exterior Changes for Phase II Lot B Block 2. Benchmark Subdivision, File No. 82-5-1._(tabled from 5 6 82 meetin Nick Dalba made the presentation. At the last meeting the Board requested that he re -design the building showing portions of some decks removed. The design of the roof will be the same as Phase I. Nick stated that his bank people felt that the decks should be on all the units, so he is asking now that they may go back to having decks all the way across. There would only be five areas with decks being added. The majority of the Board felt that the extra decks should not be allowed. They were more pleased with the random look. The exterior changes which Nick presented were the addition of eighteen (18%) percent more glass, moving the flue stacks to the inside of the building and the decks. Bill Pierce stated that the Board was concerned with the extra decks, the parapet wall and the extra glass, at the last meeting. The decks and the parapet wall have been removed. Bob motioned to accept the drawing with the changas as is. Motion was seconded by Jim, and the motion passed unanimously. (The changes which were approved were: adding more glass, moving the decks nine feet closer to the corner of the building and moving the flue chases to the inside of the building). Item No. 3 Nottingham Park, Sign, Tract G, Benchmark Subdivision, File No. 82-5-10. Dan Sunday made the presentation for the Toym of Avon. Requesting approval to put up an identification and information sign with the rules and regulations for the park. The sign will show the major structures of the park and also what areas prohibit dogs. The sign will be located on the east end of the park in-ide the fence. Jerry asked about additional signs to let people know that their dogs are allowed in certain areas. Dan stated he has two (2) other smaller signs planned that will have the park rules and a map of the park showing areas where dogs are permitted but he didn't have time to sketch them for this meeting. They will be the same basic design as what he presented, only with 1- 4x4 post. The signs will not be lighted. Bill suggested using 2"x4" to help strengthen the sign. Mike motioned that the s1.7n he snnroved and ti --in Ol r:+,, l i er enc i- i dnc nF- d—ri lwd at 7:30 p.m., in the Town Council Chambers of the Town of Avon Municipal Complex. 400 Benchmark Road, Avon Colorado. The meeting was called to order by Chairman Bill Pierce. Let the record show that members present were: Bob Zeeb, Cheryl Dingwell, Tommy Landauer, Bill Pierce, Mike Blair, Jerry Davis and Jim Meehan. Staff members present were: Art Abplanalp, Norm Wood, Dick Evans and Dick Blodgett. Item No. 1. The Tile PM Nova Dostal, co-owner of the Tile Shoppe, made the presentation. She requested approval for a sign which will be located on the showroom side of the building (northside). The letters will be white over dark background. She will come back at a later date to present a sign for the other side. This sign will be a total of sixteen (16) square feet in size and is in accordance with what is allowed by the sign code. Cheryl motioned to approve the application for the Tile Shoppe sign as presented. Motion wars seconded by Bob Zeeb and was passed unanimously. for Phase II Nick Dalba made the presentation. At the last meeting the Board requested that he re -design the building showing portions of some decks removed. The design of the roof will be the same as Phase I. Nick stated that his bank people felt that the decks should be on all the units, so he is asking now that they may go back to having decks all the way across. There would only be five areas with decks being added. The majority of the Board felt that the extra decks should not be allowed. They were more pleased with the random look. The exterior changes which Nick presented were the addition of eighteen (18i) percent more glass, moving the flue stacks to the inside of the building and the decks. Bill Pierce stated that the Board was concerned with the extra decks, the parapet wall and the extra glass, at the last meeting. The decks and the parapet wall have been removed. Bob motioned to accept the drawing with the changes as is. Motion was seconded by Jim, and the motion passed unanimously. (The changes which were approved were: adding more glass, moving the decks nine feet closer to the corner of the building and moving the flue chases to the inside of the building). Item No. 3, Nottingham Park, Sign, Tract G. Benchmark Subdivision., File No. 82-5-10. Dan Sunday made the presentation for the Town of Avon. Requesting approval to put up an identification and information sign with the rules and regulations for the park. The sign will show the major structures of the park and also what areas prohibit dogs. The sign will be located on the east end of the park inside the fence. Jerry asked about additional signs to let people know that their dogs are allowed in certain areas. Dan stated he has two (2) other smaller signs planned that will have the park rules and a map of the park showing areas where dogs are permitted but he didn't have time to sketch them for this meeting. They will be the same basic design as what he presented, only with 1- 4x4 post. The signs will not be lighted. Bill suggested using 2"x4" to help strengthen the sign. Mike motioned that the sign be approved and that two (2) smaller entry signs as described by Dar, also be approved for installation at the westerly entrances to the park. Motion was seconded by Jerry, passed unanimously. -1- Item No. 4 of 2 Units. Lot 60. Block 2 Bill Pierce read a letter from John Blish who represents the owner of this project. The letter requested that this matter be continued or tabled to the June 3, 1982 meeting. No one was in the audience to make any comments. The Board tabled this item to the June 3, 1982. Rn Dennis Cole/Attorney for U S Home Corporation & The Colorado Investment Realty Company, made the presentation. At the last meeting the Board requested that they inform the existing owners of the units at the Christie Lodge in regard to exactly what the time sharing would involve. They have since sent the information to all the onwers and have received several letters staing they (the owners) are in agreement with the time share and are satisfied and supportative. Specifically asking for the Board to grant a Special Review Use Permit to allow time sharing for the Christie Lodge. The Town Council will have to approve the time-sharing program as time-sharing is a separate subdivision and the subdivision portion of the zoning ordinance (There were several letters from the owners of units at the Christie Lodge, all of which are on file). Comments from Audience: Steve Isom representing Sunroad Investment Corporation, who owns six (6) units at the Christie Lodge, stated they are for time-sharing, but the only problem is that when the units were bought they were accommodation units. Sunroad requested at the last meeting that U S Home would buy back the units from anyone who doesn't want to be a part of time-sharing. Dennis Cole - any owner of an individual time-share unit will have three options with what they can do with their units: 1. Can be used by themselves, or, 2. the week canbe put into the Christie Lodge rental pool, or, 3. the individual can exchange that week for a week's use somewhere else. Bill asked if the town currently taxes hotel rooms. Art stated that the 1 percent bed tax covers that. Pat Montgomery of Ski & Shore Real Estate stated that time-sharing helps to keep the units occupied year round rather than empty, which helps to generate revenue for the Town. Nick Dalba asked if the owner chose to exchange his week with someone else then there wouldn't be any revenue generated. Pat Montgomery stated that the bed tax is collected only when a unit is rented and that generates revenue. Celeste Notttngham stated her major concern was with the marketing techniques. Doesn't want to see any "tacky" methods. Pat Montgomery stated they would be using the best features of marketing. Will not be "tacky". They will find people who want to buy off-season weeks. Steve Isom stated that time-sharing is a very intense use and a lot of maintenance may be involved. Dennis Cole stated that the number of persons who could occupy a unit is limited by the Condominium Declarations and also by the policies of the management company. Art explained that there would be a transfer tax on the 100 unite sold. Then as the units are sold by individual weeks there would be another transfer tax based on the market value. This total figure would be about three times what it would be for one unit. Ann Fetsch suggested that someone do some research (using Vail figures) in finding out what the percentage nightly rental is on time-share projects and what the percentage nightly rental is on non -time-share projects. Dennis Cole stated that the real issue before tae Design Review Board is whether or not the use is compatible. Feels the transfer tax will be far more significant than the use tax, but the Town Council is the one that has to deal with that. He also stated that all the units at the Christie Lolge will be sold within the time frame of when the units close. U S Home has a buyer for the remaining units based on what the Town does with the time-share issue. If the time-share proposal does go thru, then U S Home does have a buyer for the remaining units for investment purposes only. The units will be put back into the rental pools. This means all the units will be sold. Doug Mayes stated they contra) seventy percent „r t}ho rent -1 ,,,.<�,, -m% ttem No. 5,hriGrie_ Lodge, 9'i_me Share for 100_Vrl i ts, Lot 25, Block 2, Benchmark Subd.'_yision, File No. 82-4-2. (Public Hearing tabled from 4/15/82 meeting). Dennis Cole/Attorney for U S Home Corporation & The Colorado Investment Realty Company, made the presentation. At the last meeting the Board requested that they inform the existing owners of the units at the Christie Lodge in regard to exactly what the time sharing would involve. They have since sent the information to all the onwers and have received several letters staing they (the owners) are in agreement with the time share and are satisfied and supportative. Specifically asking for the Board to grant a Special Review Use Permit to allow time sharing for the Christie Lodge. The Town Council will have to approve the time-sharing program as time-sharing is a separate subdivision and the subdivision portion of the zoning ordinance (There were several letters from the owners of units at the Christie Lodge, all of which are on file). Comments from Audience: Steve Isom representing Sunroad Investment Corporation, who owns six (6) units at the Christie Lodge, stated they are for time-sharing, but the only problem is that when the units were bought they were accommodation units. Sunroad requested at the last meeting that U S Home would buy back the units from anyone who doesn't want to be a part of time-sharing. Dennis Cole - any owner of an individual time-share unit will have three options with what they can do with their units: 1. Can be used by themselves, or, 2. the week canbe put into the Christie Lodge rental pool, or, 3. the individual can exchange that week for a week's use somewhere else. Bill asked if the town currently taxes hotel rooms. Art stated that the 1 percent bed tax covers that. Pat Montgomery of Ski & Shore Real Estate stated that time-sharing helps to keep the units occupied year round rather than empty, which helps to generate revenue for the Town. Nick Dalba asked if the owner chose to exchange his week with someone else then there wouldn't be any revenue generated. Pat Montgomery stated that the tied tax is collected only when a unit is rented and that generates revenue. Celeste Nottingham stated her major concern was with the marketing techniques. Doesn't want to see any "tacky" methods. Pat Montgomery stated they would be using the best features of marketing. Will not be "tacky". They will find people who want to buy off-season weeks. Steve Isom stated that time-sharing is a very intense use and a lot of maintenance may be involved. Dennis Cole stated that the number of persons who could occupy a unit is limited by the Condominium Declarations and also by the policies of the management company. Art explained that there would be a transfer tax on the 100 units sold. Then as the units are sold by individual weeks there would be another transfer tax based on the market value. This total figure would be about three times what it would be for one unit. Ann Fetsch suggested that someone do some research (using Vail figures) in finding out what the percentage nightly rental is on time-share projects and what the percentage nightly rental is on non -time-share projects. Dennis Cole stated that the real issue before the Design Review Board is whether or not the use is compatible. Feels the transfer tax will be far more significant than the use tax, but the Town Council is the one that has to deal with that. He also stated that all the units at the Christie Lodge will be sold within the time frame of when the units close. U S Home has a buyer for the remaining units based on what the Town does with the time-share issue. If the time-share proposal does go thru, then U S Home does have a buyer for the remaining units for investment purposes only. The units will be put back into the rental pools. This means all the units will be sold. Doug Mayes stated they control seventy percent of the rental package now. -2- (Christie Lodge Time Share Cont'd) Board Comments: Jim Meehan - by making Christie Lodge a time-sharing project it will be an attempt to get more people in Avon rather than in Vail. There are some problems in that time-sharing is not ownership, it tends to have people there on a vacation basis and will subsequently result in a much higher degree of maintenance, a much higher usage factor. Feels the management company will have to maintain the units in a much higher degree than other condominium projects in the area. The impact that time-sharing will have on the Town financially, will be positive in that the transfer tax will be enough to justify the use. The most important fact is that this will be bringing more people to Avon. Felt that the letter sent out from the applicant to the condominium owners was not sufficient to explain exactly what was going on. Jerry Davis - major concern is whether time-sharing will get out of hand. The marketing will help Avon. Feels it would be good for Avon. Mike Blair - feels the information sent out by the applicant was an opinion, wasn't backed up by factual information or studies. Bob Zeeb - liked the idea of time-sharing. Cheryl Dingwell - feels time-sharing is compatible. Doesn't feel the use will be changed that much from what it is now. Tommy Landauer - was against the time-sharing. Nick Dalba stated that on the Condominium Map there is a paragraph that is 'required which says that time-share will not be in particular unit. Can the Board rule on that. Art stated that the issue before the Board is whether a Special Review Use is to be allowed. There are two conditions proposed for the approval of time-sharing; 1. contingent upon amendment to the plat to delete the restriction, 2. the approval of time sharing subdivision by the Town Council. Mike stated he would propose a motion with a number of conditions. Feels the request should be approved with the following conditions: 1. the applicant provide a detailed marketing program to the Town Council to review and to forestall any high powered or misleading or tacky marketing programs. 2. to provide a detailed maintenance program that recognizes and provides for short-term time share program as proposed. 3. that the applicant provide assurances that all parties involved in the project, including the owners, managers and associations, shall be responsible and liable for any additional parking requirements that may occur as a result of the time-sharing program. 4. assurances that the applicant will comply with all the subdivision time-sharing ordinances. 5. applicant will provide a detail of any town costs and revenues that could be expected from time-share program. 6. that the Town of Avon not be held liable to any unit owners for any approval of the time-share request. 7. also include the recommendation from this Board that time- share use apply to any and all units at the Christie Lodge. Art stated that the last condition could not be done because the application is only for 100 units. Mike stated it was not a condition, but only a recommendation. Cheryl suggested that the Board include in the proposed motion that we don't feel we're setting precendence in approving time-sharing in the fact that this is a unique use on the building and that its an accommodation hotel in its current use. Art added that this should be made contingent upon (if it is going to be approved), the approval of the plat amendment and approval of the time-sharing subdivision by the Town. Also would suggest the use be made conditional upon the identification of the 100 units within a certain period of time, perhaps 90 days, by U S Home and the Colorado Investment Realty Company. Mike added it must comply with all applicable subdivision time share ordinances. Bill asked that Art propose a Resolution to this effect. Art proposed the following Resolution: WHEREAS, the Design Review Board of the Town of Avon has considered the application of U S Home Corporation and Colorado Investment Realty Company for approval of a Special Review Use to permit time-sharing of 100 units in the Christie Lodge, has conducted a public hearing on such application and has determined that such application should be approved, upon certain conditions, NOW, THEREFORE, BE IT RESOLVED, that the application of U S Home Corporation & Colorado Investment Realty Company, for Special Review Use to permit time-sharing of 100 units in the Christie Lodge shall be and hereby is approved upon the following conditions: 1. Prior to use the applicant shall obtain from the Town Council (1) approval of plat amendment deleting the existing time-share prohibition. (2) approval of the time-sharing subdivision by the Town Council. 2. The Special Review Use shall be limited to 100 units designated within ninety (90) days by the applicants. 3. The applicant shall provide the Town Council with a detailed marketing program i• aG-u:-o that lin-L•.ireable marketing. practices will not occur and a m.nintenanrr pro— this will be bringing more people to Avon. Felt that the letter sent out from the applicant to the condominium owners was not sufficient to explain exactly what was going on. Jerry Davis - major concern is whether time-sharing will get out of hand. The marketing will help Avon. Feels it would be good for Avon. Mike Blair - feels the information sent out by the applicant was an opinion, wasn't backed up by factual information or studies. Bob Zeeb - liked the idea of time-sharing. Cheryl Dingwell - feels time-sharing is compatible. Doesn't feel the use will be changed that much from what it is now. Tommy Landauer - was against the time-sharing. Nick Dalba stated that on the Condominium Map there is a paragraph that is required which says that time-share will not be in particular unit. Can the Board rule on that. Art stated that the issue before the Board is whether a Special Review Use is to be allowed. There are two conditions proposed for the approval of time-sharing; 1, contingent upon amendment to the plat to delete the restriction, 2. the approval of time sharing subdivision by the Town Council. Mike stated he would propose a motion with a number of conditions. Feels the request should be approved with the following conditions: 1. the'applicant provide a detailed marketing program to the Town Council. to review and to forestall any high powered or misleading or tacky marketing programs. 2. to provide a detailed maintenance program that recognizes and provides for short-term time share program as proposed. 3. that the applicant provide assurances that all parties involved in the project, including the owners, managers and associations, shall be responsible and liable for any additional parking requirements that may occur as o result of the time-sharing program. 4. assurances that the applicant will comply with all the subdivision time-sharing ordinances. .5. applicant will provide a detail of any town costs and revenues that could be expected from time-share program. 6. that the Town of Avon not be held liable to any unit owners for any approval of the time-share request. 7. also include the recommendation from this Board that time- share use apply to any and all units at the Christie Lodge. Art stated that the last condition could not be done because the application is only for 100 units. Mike stated it was not a condition, but only a recommendation. Cheryl suggested that the Board include in the proposed motion that we don't feel we're sett'ng precendence in approving time-sharing in the fact that this is a unique use on the building and that its an accommodation hotel in its current use. Art added that this should be mace contingent upon (if it is going to be approved), the approval of the plat amendment and approval of the time-sharing subdivision by the Town. Also would suggest the use be made conditional upon the identification of the 100 units within a certain period of time, perhaps 90 days, by U S Home and the Colorado Investment Realty Company. Mike added it must comply with all applicable subdivision time share ordinances. Bill asked that Art propose a Resolution to this effect. Art proposed the following Resolution: WHEREAS, the Design Review Board of the Town of Avon has considered the application of U S Home Corporation and Colorado Investment Realty Company for approval of a Special Review Use to permit time-sharing of 100 units in the Christie Lodge, has conducted a public hearing on such application and has determined that such application should be approved, upon certain conditions, NOW, THEREFORE, BE IT RESOLVED, that the application of U S Home Corporation 6 Colorado Investment Realty Company, for Special Review Use to permit time-sharing of 100 units in the Christie Lodge shall be and hereby is approved upon the following conditions: 1. Prior to use the applicant shall obtain from the Town Council (1) approval of plat amendment deleting the existing time-share prohibition. (2) approval of the time-sharing subdivision by the Town Council. 2. The Special Review Use shall be limited to 100 units designated within ninety (90) days by the applicants. 3. The applicant shall provide the Town Council with a detailed marketing program to assure that undesireable marketing practices will not occur and a maintenance program to assure that the effects of intensive use will be adequately mitigated. 4. That any additional parking requirements resulting from the conversion be provided by the applicants. -3- (Resolution conditions cont'd) 5. that the Town of Avon be held harmless from any liability arising from the allowance of time—sharing uses. w 6. that the approval, shall not be considered a precedent for other applications for time-sharing uses. 7. that the applicants shall comply with all. zoning and subdivision regulations • 8. prior to consideration by the Town Council., the applicant shall provide a detailed study of costs to the Town, if any, and revenues, if any, which could be expected as a result of the time-sharing conversion. v Dennis Cole concerned with the Design Review Board requesting that U S Home Corp. and Colorado Investment Realty Co. submit all this information to the Town Council for consideration and then have the Town Council say they can't deal with this until the Design Review Board approves it and then they will have to go back to the Design Review Board. Mike stated that his intent was to have the Town Council approve and be satisfied. John Blish suggested that the Board clarify that these conditions are suggestions and recommendation rather than requirements on the Town Council. Bill stated that his understanding was that the Town Council review the items listed and then grant the approval if they were satisfied. John Blish suggested that if the Town Council wanted to change the time allowed for designation of the units, thea% it would need to come back to the Design Review Board for consideration. Art suggested changing the wording to "With the following recommendations". The Board agreed. Mike stated that his intent was ths' the information be provided to the Town Council and whatever the Council decides t•, do is up to them. He then re -phrased the proposed motion to say that the application for Special Review Use be approved and recommend to the applicant that they provide information on all the items listed to the Council and that this recommendation be forwarded to the Council for it's consideration also. Art stated that it doesn't mean anything. The only thing that goes to the Town Council is a Resolution motion for approval. The Board has no authority to make any suggestions to the applicant that is not binding on the Town Council. The only authority the Board bar is to grant approval with condition::. Jim stated that his major concern would be with the maintenance program. Bill was concerned with the parking, whether or not there might be a problem. Jerry asked if it is really the Board's concern to ask for a marketing plan. Dick Blodgett stated that the Design Review Board is the advisory body to the Council and the Board should get answers to the questions before approval is granted. Art stated that before the use is granted by the Council, that there be approval of the plat amendment to delete the restriction and also approval of the time sharing subdivision. The maintenance program should be looked at by the Design Review Board. Also does this fall within the permissible conditions, the conditions are to relate to the zoning laws of the Town. Jim stated that the Design Review Board should have some type of procedure to be sure that the maintenance and marketing programs are dealt with properly. Jerry stated that he would go along with the Board and whatever the decision is, but he doesn't feel that it is proper for the Board to dictate howthings should be done in the maintenance area because that is the business of the people who are running it. Art stated that the conditions would need to relate to zoning. Mike motioned that before any action is taken to approve or disapprove this, that the applicant provide to the Design Review Board assurance that the marketing program will not include any onerous tactics, in the Town of Avon or this area, and that the applicant will provide assurance to the Board that the units will be properly maintained by assurances that all parties involved in the project including owners, managers and associations, will he responsible or liable for any additional parking requirements that may occur as a result of the program and provide assurances that the Town of Avon will be held not liable to any unit owners for any unit approval, for this time share request and will provide a detailed but brief study of any town costs or revenues as a result of this time-sharing program and those studies be brought back to this Board as soon as possible, and that the public hearing is to be continued to the next regular meeting on June 3, 1982. The motion was seconded by Tommy. Bob Warner/Officer of Colorado Investment Realty Company stated that they will not employ any onerous or tacky methods of marketing. The maintenance program will not be changed or altered from what is occuring at the Christie Lodge now. Bill stated that he felt a time-share owner does not have the same financial committment to maintain a space than n person who owns a direct one. The Board xvintG gnrrrhing -ill be `"O^^Tl�,• ;^'^+red, _ - _._ Dennis Cole concerned with the Design Review Board requesting that U S Home Corp. and Colorado Investment Realty Co. submit all this information to the Town Council for consideration and then have the Town Council say they can't deal with this until the Design Review Board approves it and then they will have to go back to the Design Review Board. Mike stated that his intent was to have the Town Council approve and be satisfied. John Blish suggested that the Board clarify that these conditions are suggestions and recommendation rather than requirements on the Town Council. Bill stated that his understanding was that the Town Council review the items listed and then grant the approval if they were satisfied. John Blish suggested that if the Town Council wanted to change the time allowed for designation of the units, then it would need to come back to the Design Review Board for consideration. Art suggested changing the wording to "With the following recommendations". The Board agreed. Mike stated that his intent was that the information be provided to the Town Council and whatever the Council decides to do is up to them. He then re -phrased the proposed motion to say that the application for Special Review Use be approved and recommend to the applicant that they provide information on all the items listed to the Council and that this recommendation be forwarded to the Council for it's consideration also. Art stated that it doesn't mean anything. The only thing that goes to the Town Council is a Resolution motion for approval. The Board has no authority to make any suggestions to the applicant that is not binding on the Town Council. The only authority the Board has is to grant approval with conditions. Jim stated that his major concern would be with the maintenance program. Bill was concerned with the parking, whether or not there might be a problem. Jerry asked if it is really the Board's concern to ask for a marketing plan. Dick Blodgett stated that the Design Review Board is the advisory body to the Council. and the Board should get answers to the questions before approval is granted. Art stated that before the use is granted by the Council, that there be approval of the plat amendment to delete the restriction and also approval of the time sharing subdivision. The maintenance program should be looked at by the Design Review Board. Also does this fall wi_hin the permissible conditions, the conditions are to relate to the zoning laws of the Town. Jim stated that the Design Review Board should have some type of procedure to be sure that the maintenance and marketing programs are dealt with properly. Jerry stated that he would go along with the Board and whatever the decision is, but he doesn't feel that it is proper for the Board to dictate howthings should be done in the maintenance area because that is the business of the people who are running it. Art stated that the conditions would need to relate to zoning. Mike motioned that before any action is taken to approve or disapprove this, that the applicant provide to the Design Review Board assurance that the marketing program will not include any onerous tactics, in the Town of Avon or this area, and that the applicant will provide assurance to the Board that the units will be properly maintained by assurances that all parties involved in the project including owners, managers and associations, will be responsible or liable for any additional parking requirements that may occur as a result of the program and provide assurances that the Town of Avon will be held not liable to any unit owners for any unit approval, for this time share request and will provide a detailed but brief study of any town costs or revenues as a result of this time-sharing program and those studies be brought back to this Board as soon as possible, and that the public hearing is to be continued to the next regular meeting on June 3, 1982. The motion was seconded by Tommy. Bob Warner/Officer of Colorado Investment Realty Company stated that they will not employ any onerous or tacky methods of marketing. The maintenance program will nut be changed or altered from what is occuring at the Christie Loc.g- now. Bill stated that he felt a time-share owner does not have the same financial committment to maintain a space than a person who owns a direct one. The Board wants something that states it will be properly maintained. Doug Mayes stated that the facility is maintained under National Motel/Hotel Standards. There is a budget that is set and he has to report to the Condominium Association. Jim stated that he didn't know if a continuance would solve the problem. He feels the BoarA needs somestandardr, for the Building Inspector to follow. -4- Jerry stated that he doesn't feel the Board has the authority to make laws and doesn't feel the Board should be setting standards. He suggested that some of these things be dropped and would recommend that the Board would expect a high quality of standard. Suggested this be continued and someone come up with some specific areas in time-sharing and laws about time-sharing before the Board approve any time-sharing because if those are questions that really concern the Board. The Board is afraid that people who buy time-sharing will be hurt by time-sharing because it's not maintained. The Town Attorney shoudl come up with some laws specifically saying that time-sharing is different than any other thing. Bill stated they (Christie Lodge) do have established standards and that should be a part of the record. Mike asked that if the motion was appproved, would the applicant submit the information a few days prior to the meeting so that they may review it. Motion was passed to continue the public hearing to the June 3, 1982 meeting. (there was one opposed vote). Other Business: Dick Blodgett discussed his meeting with the developers of the Town. The subject of pre -sales was addressed. The state laws mandate that you cannot pre -sell a subdivision until you go through the subdivision process or until the final plat has been approved. Would like to clarify the Town's ordinance regarding pre -sales. The developPzs did not want any restrictions on pre -sales, because they feel a lot of sales would be lost. Due to the late hour of the evening the Board decided to have a Work Session on Thursday, May 27, 1982, at 6:00 p.m., to discuss the Pre -sales and the Christie Lodge Time Share. The meeting will be open to the public. There being no further business, Jerry motioned to approve the minutes of 5/6/82. Motion was seconded by Jim, passed unanimously. Cheryl made a motion to adjourn the meeting. Motion was seconded by Bob, passed, unanimously. Respectfully submitted by:__-.. Ldi?C ^/-� Melody Cummi;�•gs U Recording Secretary Design Review Board in