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TC Minutes 01-10-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JANUARY 10, 1995 - 7:30'P.M. A 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. In the absence of Mayor Reynolds and Mayor Pro-Tem Nottingham, Councilor Fawcett motioned to nominate Councilor Hines as Temporary Chairman. Councilor Hazard seconded the motion and the motion carried unanimously. The meeting was called to order by Temporary Chairman Tom Hines at 7:30PM. A roll call was taken with Councilors Richard Carnes, Jack Fawcett, John Hazard, and Judy Yoder present. Mayor Albert Reynolds and Mayor Pro-Tem Celeste C. Nottingham were absent. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Town Engineer Norm-Wood, Planner Mary Holden, Fire Chief Charlie Moore, Police Chief Gary Thomas, Transportation Director Harry Taylor, Director of Municipal Services Larry Brooks, and Recreation Director Meryl Jacobs, as well as members of the press and public. Citizen Input.was the Eaglebend request to waive building permit fees: Mr. James stated the last time we built affordable housing under 'our non-profit housing corporation, the Council gave them an exemption from the building permit fees. They are requesting that similar type exemption be granted this time. Staff has no problem with that. Fees are undetermined at this time. Councilor Hazard motioned.to waive the building permit fees for Eaglebend. Councilor Yoder seconded the'mot'io'h and the motion carried unanimously. Citizen Input was an Appeal of P & Z Parking Variance / Lot 14 / 15,,Block 1, Benchmark at Beaver Creek /,Connors - Gummelt Bldg. on Metcalf: Town Engineer Norm Wood informed the Vail/Avon Commercial Park is an improved commercial building located on Metcalf Road in the IC Industrial District. In July of 1993, a variance was approved reducing the required parking spaces from 72 spaces to 58 spaces. The basis-for granting that original variance was that 500 of the building would be used for mini storage space and 50% would be industrial, commercial uses as allowed in that zone district. The basis for that was mini storage has substantially less parking-requirements than the other uses in the IC zone district. In December of 1994, the P & Z received another application for a variance which would allow.an additional 5,776 square feet of floor area to be added into the building through the addition of mezzanine levels in the 50% portion of the building that was designated for allowed IC zone district uses. This had the impact of increasing parking space requirements from 72 to 79. So, P & Z received a request for a variance to increase the parking variance by 14 spaces to 21 spaces for this particular sight. Following the review of the application and public hearing, the P & Z approved the variance for the 21 spaces from the required IC zone,district parking requirements. All of this reduction was to be assigned to the proposed 27,055 square feet of mini storage.'space and the remaining 35,421 square feet was to be provided by the one space per 800 square feet. • i Mr. Wood continued, following that decision, there was an appeal of the granting of the parking variance. This decision has been appealed to the Town Council in accordance with the provisions of the Avon Municipal Code. In reviewing an appeal of a variance request, the Town Council should consider the very same criteria that was initially considered for the granting of a variance. The approval criteria, for a variance, shall consider the following factors, with respect to the requested variance; A.) The relationship of the requested variance to existing and potential uses and structures in the vicinity. B.) The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to obtain the objectives of this title without grant-of special privilege. C.) The effect of the requested variance on light and air, distribution of population, transportation and traffic. facilities, public facilities and utilities,-and public safety. D.) Such other factors and criteria as the Commission deems applicable to the requested variance. In addition to that, the Council must make the following findings for the granting of a variance; A.) That the granting of,the variance will.not constitute a grant of special privilege inconsistent-with the limitations on other properties classified in the same district. B.) The granting of,the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C.) That the variance is warranted for one or more of the following reasons:' , 1.)- The'strict'or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2.) There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the zone district; 3.) The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the district. That is the basic criteria for the approval of the variance. Temporary Chairman Hines opened the meeting for public hearing. Mr. Ron Blake, Director of Colorado West Mental Health, requested Council to reconsider funding for 1995. Mr. James suggested scheduling discussion for a worksession. Council agreed. Mr. -David L. Yoder, appellant and resident of Wildridge, spoke, against the variance. Mr. Yoder explained his appeal is to the second variance - for the seven additional parking spaces required for the added mezzanine space. Mr. Yoder listed reasons for his appeal. Mr. Mark Donaldson, representing T.J. Connors and Ed Gummelt, gave a history of the project and of the mezzanines inception. Mr. Donaldson discussed a mini-storage parking survey from Mr. Buzz Victor of Mini-Storage Companies in Denver. Mr. Donaldson discussed allocated parking spaces and square footage requirements. There are a total of 58 spaces that exist; designate 8 spaces for the two levels of self storage. The remaining spaces coincide with the condominium project - warehouse / distribution space to be sold to various business owners. Mr. Donaldson-mentioned the parking needs of the employees working in the warehouse space. Mr. Donaldson asked Council to uphold the Planning & Zoning Commission decision. 2 Mr. Donaldson noted the last letter received,,from Valley Wide Plumbing & Heating, withdraws their'objection as well as the letter from the neighbor to the south, Avon Business Service Center. Mr. Jack Hunn, Chairman.of the Planning & Zoning Commission, gave history and frustrations of the Planning & Zoning Commission, with this project. Mr. Hunn stated that he made the decisive vote to allow the variance. Mr. Hunn felt threatened; if they didn't get the variance they couldn't build the mezzanines and the project would fail. Mr. Hunn stated that after a lot of thought, he felt"he made a mistake in allowing this variance and that it should have been denied. Discussion focused on the mezzanines / additional floor area versus parking requirements and a possible compromise. How do we prevent the future conversion of warehouse spaces into a more' retail / public attraction space as seen in other warehouse districts? How can we prevent the conversion of mezzanine spaces into office space and to not cause an enforcement burden? Special Review Use process was discussed. Mr. Bill Sargis, member of the Planning & Zoning Commission, stated he voted for the variance. Mr. Sargis felt this would become another "Peregrine" over seven parking spaces. If the reduction of seven parking spaces was not allowed, they would not be allowed to build the mezzanine area. Mr. Sargis added no public complaints were received. Mr. Buz Reynolds, Jr., member of the Planning & Zoning Commission, stated he voted against the variance. He felt the parking was getting a little out of hand. Mr. David Yoder noted that Valley Wide is a contractor on this project. Mr. Yoder suggested getting rid of the mezzanines that are adding the extra floor space and use modular steel structures for storage. Mr. Donaldson mentioned grades, accessibility, building heights, and future uses. Mr. Donaldson noted mezzanines can not be sold off separately. Discussions followed on allocation of parking spaces. Mr. T.J. Connors, developer of the project, stated he conceived this project, the town approved it, he sold it, he built it and he will own 501i of it. Mr. Connors realized some items on the project are not in conformance and assured they will be brought into-conformance, such as the 12 1/2% grade. Mr. Connors noted he did not realize you needed parking for loft storage. Mr. Connors stated originally there were 72 parking spaces. A variance was approved, of 14 spaces from the 72, taking spaces down to 58.' Those 58 spaces were allocated - 36 spaces to first and second floor level condominium owners - 22.spaces to the mini storage on the third and fourth floors. We asked for a reduction of the 22 spaces of mini storage down to 8. This would allow us to give 50 to the condominium owners. This would allow us to build the mezzanines. The ten buyers of the condominium project have, all submitted letters to Council in support of this variance:. Council discussions followed: Mr. Dan Shelton, With Vail Furniture, stated he bought the warehouse space.on acubic foot basis.with the intention of putting in an upper loft. Mr. Shelton stated he will go ahead with this project even without,the mezzanine. So, there is a compromise.. Perhaps other-owners are willing to give up the mezzanines. Mir. 'Shelton mentioned there are different types of kits that you can put inside for more warehousing. 3 0,11 • Councilor Fawcett questioned future uses and suggested deed restrictions. Discussions followed on temporary modular type kits for storage and deed restrictions. Mr. Shelton noted at some point in time he does want the mezzanine and'that it would only be used for storage. Mr. Shelton noted he would be willing to deed restrict in terms of storage only. Further discussions followed on deed restrictions and temporary storage units. Councilor Yoder motioned to deny the variance and uphold the appeal for the parking on Lot 14/15, Block 1, Benchmark at Beaver Creek.Councilor Hazard seconded the motion. Discussion followed. Councilor Fawcett asked if perhaps this should be tabled and to work this out at a worksession next Tuesday. Mr. Connors added he would like to look into the portable units that have been discussed and suggested tabling until a worksession. Councilor Fawcett suggested Mr. Connors contact other buyers of his project and discuss possible deed restrictions with them. Councilor Fawcett moved to table the motion. Councilor Carnes seconded the motion. The motion carried unanimously. Council recessed at 10:20pm and reconvened at 10:32pm. Citizen Input was an Appeal of P & Z Design Review / Lot 97, Block 1, Wildridge / Romanelli Duplex: Mr. Jim Stovall, representing Mr. Ro_manelli; requested Council to table this'until a-later.date. Councilor Yoder motioned to table the appeal of the P & Z Design Review for Lot 97;, Block 1,.Wildridge. Councilor Hazard second the motion. Councilor Yoder amended motion to table, within thirty days of today.`: Counci,lor.Carnes seconded the mended motion. The amended motion and the original motion carried unanimously. Second Reading of Ordinance No. 94-23, Series of 1994, AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN LEASE AGREEMENT Mr. James stated the lease agreement allows for the purchase of the "Pledge", a Glenna,Goodacre sculpture. Payment schedule is: 1995 payment of $54,222.60 1996 payment of $57,500.00 1997 payment of $53,750.00 and represents a 7.516 interest per year. Temporary-Chairman Hines opened the meeting for public hearing. With no one wishing to speak, Temporary Chairman Hines closed that portion of the meeting. 4 Councilor Fawcett motioned approval of Ordinance No. 94-23, Series of 1994, on second reading. Councilor'Yoder seconded the motion. Councilor Fawcett withdrew first motion. Councilor Fawcett motioned approval of Ordinance No. 94-23, Series of 1994, on second reading, with the amendment to the paragraph titled Option to Purchase that the date January 15, 1995 be changed to January 15, 1997. Councilor Yoder seconded the motion. Temporary Chairman Hines called for.a roll call vote. The motion carried with Councilor Carnes opposing. Town Attorney Report: Attorney..Dunn stated he has a signed agreement, however it is not notarized. Mr. Allan signed the agreement and returned it to his attorney without having his signature notarized either on the agreement or the deed. Lack of notarization does not make the deed invalid; they are still binding between the two parties. Attorney Dunn added that there is an $80,,000 mortgage against the property, which was put on October 7, 1994. This was not disclosed until after the agreement had been negotiated. Attorney Dunn recommended to proceed on the basis of what we have. We would send the agreement to the title company, who has agreed to act as escrow agent. Attorney Dunn questioned whether they will still act as escrow agent when the document is not notarized. Attorney Dunn noted we have an agreement which requires.him to complete the project by July.l, 1995. If he fails to do so, then the agreement is that the property is the Town's and all of that is enforceable. The.$80,000 mortgage is due October 6, 1995; a very short term mortgage. So, the town would be in the position of having to buy the property. That may be preferable to the alternative, which is tearing it down. Council directed Attorney Dunn to secure the proper notarization, while retaining the documents already received. Other Business: Town Manager James understood that at Council's Beaver Creek Resort Tour today, Mr. Ken Myers informed his planners had met with Mr. James. Mr. James stated he met with Mr. Peter Jamar, Mr. Andy Daly, and Mr. Jim Thompson briefly where it was brought up to get all the planners together. That is the last he has heard of that. There was an individual that came by and asked about retail sales in Avon.and what potential development was left and how much of that would go into retail. Mr. James questioned what planners Mr. Myers was referring to. Councilor Fawcett stated Premier International Planning Firm. Mr. James stated he did not remember meeting with them. Other Business: Temporary Chairman Hines thanked all the Town employees who worked over the holidays. Special mention was made to Monica Padilla, Anthony Gulizia; Theresa Cruz, and Maria Lopez. 5 r • Consent Agenda: a.) Resolution No. 95-1, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET b.) Approval of the December 13, 1994 Council Meeting Minutes c.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor Hazard seconded the motion and the motion carried unanimously. Adjourn: There being no further business to come before Council, Temporary Chairman Hines called for a motion to adjourn. Councilor Fawcett moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Temporary Chairman Hines at 10.52PM RESPECTFULLY SUBMITTED: Patty Ney art, Town Clerk 6