TC Minutes 03-24-1992t 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MARCH 24, 1992 - 7:30 P.M.
The regular meeting of the Avon Town Council 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 Jerry Davis at 7:38p.m.
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds present. Also present were Town Attorney John Dunn, Town
Manager Bill James, Director of Engineering Norm Wood, Director of
Municipal Services Larry Brooks, Director of Community Development
Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore,
Public Relations Officer Teresa Albertson, Superintendent of
Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as well as
members of the press and public.
First item under Citizen Input was Ms. Kate Collins, of the
Avon/Beaver Creek Resort Association (ABCRA).
Ms. Collins informed that with the vacancy of the Executive
Director position, the Board decided to reorganize the
Association. With that reorganization in mind, Mr. Don Orrell is
now the Special Events Coordinator and Ms. Collins filled the
newly created position of Business Services Director. Ms.
Collins mentioned public relations and chamber functions are the
foremost duties of the Business Services Director. Ms. Collins
suggested quarterly presentations to Council. Ms. Collins will
represent Avon and Beaver Creek at the Colorado Tourism Board
events. The After-Hour-Mixers will again be offered.
First Reading of Ordinance No. 92-4, Series of 1992, AN ORDINANCE
AUTHORIZING THE ISSUANCE BY THE TOWN OF AVON, COLORADO, of LOCAL
ASSESSMENT BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
$[PAR], FOR LOCAL IMPROVEMENT DISTRICT NO. 1992-1; PRESCRIBING
THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS AND
THE INTEREST THEREON; AND THE INTEREST THEREON; AND PROVIDING
OTHER DETAILS IN CONNECTION THEREWITH.
Mr. Bill James informed the $[PAR] is approximately $900,000 and
the final figure will be available for next meeting - second
reading. This Ordinance will allow the Town to issue bonds to
help pay for the road and landscaping improvements. This will put
the financing in place necessary to finalize this project. The
Town of Avon is coming up with $733,060, plus the amount from the
Railroad Crossing of 165,000, plus this amount will provide
sufficient funds for the project. Mr. James added that this
first reading does contain alot of blanks and the reason is that
Bond Counsel waits until the last minute to allow best market
interest rate effecting the $[PAR] amount. Second reading and
public hearing is set for April 14, 1992.
Mayor Davis called for a motion.
0
•
Councilor Reynolds motioned approval of Ordinance No. 92-4,
Series of 1992 on first reading. Councilor Nottingham seconded
the motion.
Mayor Davis opened the meeting for further discussion.
With no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were Hines, Hazard, Nottingham, and
Reynolds., Those Councilors voting nay were Gersbach and Pysher.
Motion carried.
First Reading, Ordinance No. 92-3, Series of 1992, AN ORDINANCE
AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE TOWN'OF AVON,
RELATING TO LIMITATION OF CONSTRUCTION ACTIVITY.
Mr. Rick Pylman informed several months ago the Town of Avon
received a,pair of complaints from citizens regarding the impacts
of construction activity. Mr. Pylman reminded Council directed
Staff to research and compose an Ordinance to address those -
complaints. Mr. Pylman stated four issues were brought to the
attention of Council via those complaints; noise, dust, parking,
and.litter. The last three issues mentioned are addressed with
existing regulations in the Town and can be enforced. The
construction noise complaint is the focus of this Ordinance.
Ordinance No. 92-3 is basically limiting noise at the property
lines of the lot or parcel from 7 A.M. to '7 P.M. on Saturdays
and 9 A.M. to 6 P.M. on Sunday and "national holidays.. Monday
thru Friday there are no limitations, except national holidays.
Noise. audible at property lines was specified as this will be
easily enforceable.' Mr. Pylman added that a copy of this
Ordinance will be given with each building permit issued.
Emergency work, such as utility repair, is exempt from these
limitations.
Councilor Hazard suggested during the week - from dawn to dusk
start working indoor until 7 A'.M. or work outdoors with no noise
no heavy equipment. Councilor Hazard suggested restricting Sunday
to be off. Council Hazard mentioned radio blasting and dogs
running loose should be controlled.
Mayor Davis called for a motion.
Councilor Hines motioned adoption of Ordinance No. 92-3,-Series'
of 1992. Councilor Pysher seconded the motion.
Mayor Davis entertained a roll call.
Those Councilors voting aye were Pysher,-Hines, Gersbach,
Nottingham, and Reynolds. Motioned carried with Councilor Hazard
opposing.
Resolution No. 92-12,.Series of 1992, A RESOLUTION APPROVING THE
FINAL'PLAT OF DID_IER-MORRISON DUPLEX, A RESUBDIVISION OF LOT 5,
BLOCK 1, FILING 1, EAGLEBEND SUBDIVISION, TOWN OF,AVON;.EAGLE
COUNTY, COLORADO.
-2-
Mr. Rick Pylman informed this is final
resubdivision of Lot 5, Block 1, Filing
Subdivision. Mayor Davis questioned if
such as by fire - what stipulations are
Mr. Pylman noted rebuilding would be ro
to what was lost.
plat for a duplex
1 of Eaglebend
one unit was destroyed
necessary for rebuilding.
aquired in a like manner as
Councilor Nottingham motioned approval of Resolution No. 92-12,
Series of 1992. Councilor Reynolds seconded the motion and the
motion carried unanimously.
Resolution No. 92-13, Series of 1991, A RESOLUTION AUTHORIZING
ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS FOR AN IMPROVEMENT
PROJECT OF THE TOWN OF AVON.
Town Attorney John Dunn stated the Town is in the process of
negotiations with property owners to acquire rights-of-way and
temporary easements necessary to complete the project which is
part of Local Improvement District. Attorney Dunn added that the
Town will be receiving appraisals of property values. Once the
appraisals are received, offers will be made to the property
owners. The property owners will then have approximately ten days
to respond to those offers. If the response is not receptive, the
Town will need to proceed with condemnation petitions. In order
to file those petitions, it is necessary the Council take action
to authorize the filing of them, thus the reason for this
Resolution.
Councilor Reynolds questioned number of properties involved.
Attorney Dunn responded six; specifically one right-of-way and
five easements. Attorney Dunn added the difference between
right-of-way and easement is the Town actually acquires title to
the land with regards to a right-of-way. An easement is acquiring
the right to use the land.
Councilor Hines questioned what six pieces. Town Engineer Norm
Wood responded the six pieces are First Bank, Ken Shapiro's Lot B,
Avon Center Lot A, Don Chaplin representing Lot 55, Benchmark
Building lot(s), and Christie Lodge lot(s). Mr. Wood detailed
properties with assistance of a map.
Councilor Reynolds moved approval of Resolution No. 92-13, series
of 1992. Councillor Pysher seconded the motion and the motion
carried unanimously.
Resolution No. 92-14, Series of 1991, A RESOLUTION TO AMEND THE
1992 TOWN OF AVON BUDGET.
Mr. Bill James stated this Resolution will update the Public
Works Fund and the Town Center Special Assessment District. The
major changes are the Recreation Complex from $3,500,000 to
$100,000; Public Works Facility from 0 to $750,000; and the Town
Center Special Assessment District from 0 to $1,542,644.
Councilor Pysher motioned approval of Resolution. No. 92-14,
Series of 1992. Councilor Hazard seconded the motion and the
motion carried unanimously.
-3-
Next was Mayor's Report.
Mayor Davis requested Town-Clerk to schedule, Town Council group
picture-.
Mayor Davis questioned new audio system in Court Room. Mr. James
responded Staff is working on this item.
Mayor Davis requested Council to review Planning and Zoning
Commission's decision regarding the denial of the Shamrock
gasoline station.: Mayor Davis requested this item be placed on
the next council agenda; April 14, 1992.
Mayor Davis mentioned the CML Workshops for Elected Officials to
be held May 9th in Grand Junction and May 16th in Denver. Any
Councilors interested in attending may see the Town Clerk.
Mayor Davis stated that the 1994 CAST Legislative Tour and Ski
Country USA-may be held in Avon/Beaver Creek with the support of
the Council and Mr. 'Andy Daly of Beaver Creek. Mayor Davis
informed. that the cost-and activity to, the' Town is minimal.- Mayor
Davis requested Councils' support to pursue. Council agreed to
pursue.
Mayor Davis read in its entirety an official letter from Heritage
Cablevision regarding the franchise renewal process. Mayor Davis
suggested turning this over to the Town Attorney as this franchise
expires in 1995. Council agreed to put this matter on hold.
Mayor Davis proclaimed April 26-May 2, 1992 as the Town of Avon
Victims' Rights Week and read the Proclamation in its entirety.
With-Councils' agreement, Mayor Davis instructed the Town Clerk to
distribute to the proper local organizations.
Mayor Davis mentioned the Annual CML Conference June 18 and 19 in
Ft. Collins. Mayor Davis instructed interested Councilors to see
the Town Clerk for registration.
The Financial.Matters.were next presented to Council.
Councilor Reynolds moved to receive item #1 and approve items #2,
#3, and #4. The motion was seconded by Councilor Nottingham and
was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines moved approval of the March 10th Regular Council
Meeting minutes as presented. The motion was seconded by
Councilor Reynolds and was unanimously carried.
There being no further business to come before Council, Mayor
Davis called-for a motion to adjourn. Councilor Pysher moved-to
adjourn.- The motion was seconded by Councilor Reynolds. .The
meeting was adjourned by Mayor Davis at 8:43pm.
-4-
•
0
RESPECTFULLY SUBMITTED:
APPROVED:
-5-
Pa ty Neyh rt, own Clerk
i •
ATTACHMENT A
KSO DEVELOPb:ENT, CO.
Appeal from Denial of Plan
Approval by DRB on 5119192
Lot 17, Block 1, Wddridge
Background
On May 5, 1992 KSO presented plans for conceptual review by DRB on a 4-plex
townhome plan for Lot 17, Block 1 in Wildridge. The DRB made a number of
comments summarized as follows.
1. Improve window fenestration along Old Trail.
(needs more interest)
2. Review site orientation.
3. Possible material change.
4. Repetitiousness of plan with the recently approval one on Lot 46,
Block 2 was. of concern.
5. Possibility of vertical stepping of the massing.
6. Change asphalt shingle color to weathered wood.
7. Landscaping should have an automatic irrigation system.
On Wednesday morning May 6, KSO instructed it's architect to respond to each of
these points in every way feasible.
On May 19, KSO presented it's revised plan to the DRB for final approval including
the following responsive changes:
1. Window fenestration and variety have been changed in 18 instances in
total, particularly on Old Trail (north side), as well as on the other 3
elevations.
2. The placement of the building was rotated 2 feet to, better orient
toward the view of Beaver Creek, but no further change was possible
due to set back limitations. The view is now south directly to Beaver
Creek.
3. Stucco material was introduced as suggested by the DRS in numerous
instances on all sides of the building.
4. The new plan included a total of 38 changes from the plan, for Lot 46,
Block 2 (see list) which significantly responded to the issue of
repetition.
S. Vertical stepping was not incorporated due to a ::stimated cost of $30-
35,000 and the need to reshape the lot by excavation. The present
plan is designed to fit the natural slope of the lot downward to the
north. (Lot 46, slopes upward to the north - making an appreciable
difference in floor plan, elevation and roof line).
6. The asphalt shingle color was changed to weathered wood as
suggested.
7. An irrigation system will be installed to the extent not limited by the
nature of the soils.
In addition, in response to other remarks of at conceptual review.
A. Asphalt driveway has been reduced.
B. Landscape, coverage has been increased - particularly on Old Trail to soften
the north elevation and also between Lots 17 & .18.
C. Color of building is different from Lot 46.
D. Introduced two different elevations on the north instead of just one of the
same design.
DRB Denial
In spite of these direct responses to DRB suggestions, on May 19th the DRB denied
KSO's application for approval principally on the grounds of it being repetitious to
Lot 46 and that the building should be vertically stepped.
A. Vertically stepping the building is notleasible because it would:
1. Cost $30-35,000 including new architectural plans, excavation,
support walls and extensive foundations.
2. Result in these townhomes no longer being "affordable housing"
which is the market they, are designed for.
B. Regarding repetition, KSO made 38 changes including color, window
changes, roof line changes, adding stucco, the building slopes
downward and not upward and Lot 46, is almost 1/2 mile away.
The buildings are similar but that may well be desirable and consistent with the
Wildridge appearance. (See Beaver Creek and Appaloosa Ridge)
This is a variation of a theme which is actually pleasant and sensible to the eye.
Indeed, on May 19, one commissioner said the building was "pleasant" though she
voted to deny approval.
This Appeal for Approval
KSO has spent $5,000 on architectural and materials changes to its plan in response
to DRB conceptual suggestions. DRB changed its mind midstream and decided they
did not want changes but wanted a whole new approach. Indeed one member", Henry
Vest, apologized for this unfortunate failure to communicate. The vote was 5-2 for
denial with Messrs Vest and Reynolds voting for approval., This project can not be
built within real world economic and market restraints if we follow DRS's ideas and
as a result four townhomes will not reach the Avon market due to DRB's decision.
The plan for Lot 17 is well designed, would be well -constructed and would be
pleasant in appearance. Similarity is not in and of itself grounds for denial. It could
be grounds for approval. There is ample distinction between the two buildings being
1/2 mile apart as well as a unity of design and appearance which we submit is
desirable.
Finally, I- cite as support for KSO's position on Lot 17, the Staff Report for Planning &
,Zoning, dated May 19, 1992.
See Comments 6.11
6.12
6.13
6.14
6.15
6.16
The Staff Recommendation Is: 'Approval of this final design review application as
presented.'
KSO requests approval of its Plans for Lot 17, Block 1 to enable us to build the project and
meet the economic and market needs for housing in our community.
Respectfully Submitted,
KSO Development Co.
0 •
Town of Avon P. O. Boy. 975, Avon, CO 81620 (303) 9494280
May 11, 1992
KSO Development
Box 562
Edwards, CO 81632
RE: Lot 17, Block 1, Wildridge Subdivision
Fireridge Townhomes, Conceptual Design Review
Gentlemen:
Thank you for your presentation to the Planning and Zoning Commission on
May 5, 1992.
As this was a conceptual design review, no formal action was taken at this
time. The Commission did, however, have the following suggestions:
1. Improve window fenestrations along Old Trail Road (needs more interest).
2. Review site orientation.
3. Possible material change.
4. , The repetitiousness of this plan with the recently approved one on another
lot was a concern.
5. Possibility of vertical stepping of the massing.
6. The'asphalt shingles be a,weathered wood color.
7. The landscaping have an automatic irrigation system.
Please do not hesitate to contact this office should you have any questions.
Sincerely,
Charlette Pascuzzi
Recording Secretary
Copy/File
0 •
CHANGES TO PLANS ON LOT 17, BLOCK 1
FROM CONCEPTUAL DESIGN REVIEW TO FINAL REVIEW
FIRE RIDGE LOT 17, BLOCK 1, WILDRIDGE
1. Rotated plan 2' North 'at unit 1 and 2' outh at Unit 4.
2. Reduced asphalt coverage.
3.. Changed and arranged fenestrations on all elevations.
4. Changed 4°4° windows to 6°4° bedroom 2-unitsAand 3 North elevation.
5. Changed 4°4° windows to 6°4° with raked top fixed glass-bedrooms
3 units 2 and 4 North elevation.
6. Added rake top window unitl bedroom 4 level landing East elevation.
7. Added rake top windows over sliding doors unit 1 and 3 South elevation.
8. Change roof line over bedroom 2 North elevation.
9. Mono pitch roof with eyebrow units 2 and 4 North elevation.
10. Change roof line over living room units 1 and 3 South elevation.
11'. Add stucco finish, panel around windows, all elevations.
12. Change shingle color from dark brown to weathered wood.
1
13. St-e-d-roof over living room in unit 3 South elevation.
14. Change vault direction bedroom 3 units 2 and 4.
15. Box bay windows bedroom 2 units 1 and 3 North elevation.
16. Box bay windows bedroom 3 units 2 and 4 North elevation.
/461-2
0 0
ADDITIONAL CHANGES TO BUILDING ON BLOCK 1, BLOCK 17
COMPARED TO BUILDING ON BLOCK 2, LOT 46
FIRE RIDGE LOT 17, BLOCK 1, WILDRIDGE
Additional Chages From Building On Lot 46, Block 2
1. Floor plan change. Step down to bedroom one instead of up.
2. Floor plan larger - due to
enlarging dining.
3. Box bay in dining room with
4. Box bay in living room with
5. Building profile is shorter
6. Shed roof different in unit
Full cantilever of bedroom two and
6°4° window in Unit 4 (West Elevation).
6°4° window in unit 1 (East Elevation).
due to floor plan change (11 above).
1 (South & East Elevation).
7. Man door from garage unit 4.
8. North elevation change due to cantilever of bedroom two.
9., Chimney stack exposure is lowered.
10. Roof line different - no clear story due to #1 above.
11. Remove eyebrow over fireplace roof line.'
12. Enlarge window in dining from 4°4° to 6°4°
13. No bay window in dining -
14. Relocate window in bedroom two from North Elevation to West Elevation
unit 4.
15. Change box bay roof on East Elevation 2040 win.
16. Remove box bay at landing at living level (East Elevation).
17. Remove window bedroom one level (East Elevation) 2040.
18. Add 2 X 10 accent trim horizontal around building.
19. Window over fireplace flush instead of recessed (South Elevation).
20. Enlarge deck and extend it 14' on east end of unit 1 (East Elevation).
21. Different cap on chimney.
22. Different color on building.
/461