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TC Minutes 03-12-1996E X H I B I T 'GIRL SCOUTS' BE YOUR BEST DAY PROCLAMATION WHEREAS, Tuesday, March 12, 1996, marks the first national GIRL SCOUTS' BE YOUR BEST DAY initiated'by Girl Scouts of the U.S.A., the world's largest voluntary organization for girls; and WHEREAS, for 84 years; Girl Scouting has inspired generations of girls to improve the world around them in their homes, communities and their society; and, WHEREAS, Girl Scouts of the U.S.A., which is open to all girls ages five through 17, celebrates its members' individuality so that they may develop their full potential, build self- esteem, and develop sound decision-making ability; NOW, THEREFORE, I, Mayor Reynolds, by virtue of the authority vested in me as mayor of Avon, do hereby salute the Girl Scouts of the Avon area, by hereby proclaiming Tuesday, March 12, 1996, GIRL SCOUTS' BE YOUR BEST DAY in Avon and thus urge the citizens of our community to join the nation in BE YOUR BEST DAY by pledging to be their individual best. MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 12, 1996 - 5:30 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. The meeting was called to order by Mayor Albert J. Reynolds at 5:32PM. A roll cal]. was taken with Councilors Jim Benson, Richard Carnes, Jack; Fawcett, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also present were Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Municipal Services Larry Brooks, Director of Recreation Meryl Jacobs, Fire Chief Charlie Moore, and Planner Karen Griffith, as well as members of the press and public. Citizen Input: Ms. MarBeth Carmony regarding lack of sidewalks Ms. Carmony has been a resident of Avon since June, 1979. Ms. Carmony reminded she sent a letter to Council regarding the need for sidewalks in Avon, back in October, 1994. She bought a unit in the Seasons, so that she could walk everywhere. She stated it is very hazardous walking around Avon due to the lack of sidewalks: Ms. Carmony invited Council to walk with her to see the lack of sidewalks. She requested Council's action in getting sidewalks completed. Ordinances: Second Reading of Ordinance No. 96-4, Series of 1996, AN ORDINANCE CONCERNING GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF AVON, COLORADO (THE "TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN'S GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,555,000 FOR THE PURPOSES OF REFUNDING A PORTION OF THE TOWN'S EXISTING GENERAL OBLIGATION DEBT; PROVIDING DETAILS CONCERNING THE BONDS, THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BONDS; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Mayor Reynolds announced this is a public hearing. Town Manager James stated this Ordinance will refinance outstanding debt in the amount of approximately 4 1/2 million dollars. Mr. David Bell, of Hanifen Imhoff, gave an update on the sale of the bonds. Mr. Dee Wisor, bond counsel with Sherman & Howard, distributed an updated Ordinance with amendments such as inserting information of the principal amounts, interest rates, supplemental coupon interest rates and the redemption features. Councilor Benson motioned to approve, on second reading, Ordinance No. 96-4, Series of 1996, with amendments (as included in Mr. Wisor's updated Ordinance). Councilor Yoder seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-3, Series of 1996, AN ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TO PUD, FOR DUPLEX RESIDENTIAL AND TIMESHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE, COUNTY, COLORADO Mayor Reynolds requested Town Clerk Patty Neyhart to take into public record the letters received, pro and con, on this issue. (See attached Exhibit A). Mr. Larry Doll, detailed the history of the project; the first meeting being March, 1995 up to present day. The project changed from 36 units, to 20 units, to 16 units and now includes underground parking. Mr_ Doll reminded the only reason for doing a PUD is because it's a timeshare project. Mr. Doll outlined criteria for RHD zoning and how it relates, to the proposed PUD. Mr. Doll stated Lot 46 has 31 zoning rights; what is grandfather on the property. Thirty one units could be built on the site, so long as the other requirements of RHD zoning are met. The proposal is for 24 units. Mr. Doll felt he is meeting the criteria of RHD zoning, but noted he would have to go through design review. Mr. Doll presented, a model of the proposed Falcon Point II and reviewed the model. With the proposed design, 12' is on Lot 45. Mr. Doll discussed fractionalization of Falcon Point I. The original Falcon Point building was 31 units, three bedroom units, with a maximum occupancy of 248. After fractionalization, dividing into studios, one, two, and three bedroom units, there are a total of 58 units, with maximum occupancy of 242. The fractionalization was done within the existing building; the building was divided into smaller units, within the same square footage. Mr. Doll mentioned the economic impact of Falcon Point I and II. Average occupancy, year round, is 85%. Mr. Doll introduced representatives of Falcon Point in attendance; Holly Parker, Ann Kingsley, Dave Freidman, Peter Ramo, and Steve Lieden. Town Planner Karen Griffith reiterated this is a PUD and pointed out the review criteria for PUD. Staff recommended this project be approved as it was in general conformance with the review criteria. Planning and Zoning had some concerns about the architectural design. In terms of compatibility, this building will have some impact on the adjacent property's view corridors. However, there will be remaining view corridors preserved. Councilor Hines questioned density. Planner Griffith stated proposed Lot 2 density would be 13.5 units per acre. Proposed Lot 1 would be 41 units per acre. Overall density of the entire project would be 34 units per acre. The project is proposed as an overall PUD on the whole thing with two lots. There are different projects on each lot; duplexes on Lot 2 and timeshare on Lot 1. Councilor Fawcett questioned the letters. Planner Griffith thought the letters mentioning height of 60' were based on an earlier version of the project. Height has since been reduced. Councilor Nottingham questioned density and noted the surrounding area of RHD zoning permits 20 units per acre. 2 Planner Griffith explained we started with two lots; Lot 45 and Lot 46. Falcon Point I currently exists on Lot 45. Lakeside Condos occupy Lot 46. The new proposed building, Falcon Point II utilizes 12' of Lot 45. The rest of the development would be on Lot 46. Discussion focused on density and development rights. Mr. Doll interjected, the building that was initially approved as the sister building to Falcon Point I, the 31 units, was five stories, 60' high and 57,000 square feet. The proposed 24 units is 23,000 square feet. Council recessed at 6:50pm and reconvened at 6:56pm. Planning and Zoning Commission (P & Z) Chair Jack Hunn advised Council of P & Z's reasons for their recommendation of denial. The vote of 5 to 2 -or denial was due to density and lack of architectural character and interest. Commissioner Hunn noted P & Z looked at the whole land area; 2.46 acres combining both lots. P & Z considered the intended density; 62 units were granted making the density 25 units per acre. The current approval for the property is 58 units in Falcon Point I and 16 duplex units for a total 71; roughly 29 units per acre. The proposal is for 83 units, bringing the density to 33, almost 34 units per acre. The underlying zoning that has been applied to this property is 20 units per acre. Current development plan permits the existing building, Falcon Point 1 and twelve units in a duplex format. That project was approved about two years ago. While there may be a grandfathered development right, these units can not be- development without first meeting all the criteria that apply to this zone district; height, density, all of those things. The net affect of this proposal is to place a sixteen unit building in the foot print where two duplex units are currently approve. The other four duplexes would be built per the current approved plans. The PUD zoning ordinance challenges all to conclude that the proposal results in the most appropriate use of this property and the majority of P & Z could not reach that conclusion. Commissioner Hunn recommended, if Council is inclined to approve this project, it be remanded back to P & Z for design review. Discussion focused on the architecture of the Falcon Point II proposal. Councilor Fawcett thought the applicant has jumped through a lot of hoops - each time we say if you do this and meet these eight criteria or ten criteria, we're OK. The applicant seems to meet them and then we,find another reason why they haven't complied. Councilor Fawcett was concerned about that. Commissioner Hunn stated P & Z tries not to design the projects for the applicants. P & Z tries to give guidance. The application before this.one, this evening, had 20 units; same configuration, same site plan. P & Z felt that if the applicant took a floor off the building and came back with some more interesting architectural solution the applicant would have P & Z's support. The applicant took the floor off. The applicant did not change the architecture significantly and the building became 12' wider. Commissioner Hunn agreed, the applicant has been very cooperative and has gone through a lot of hoops in this process. Councilor Fawcett asked Commissioner Hunn, seeing the model, does it make any difference to his decision. Commissioner Hunn stated it helps him feel more comfortable that the transition of scale that he was looking for has been achieved. It is not out of scale with the buildings that are around it. 3 Councilor Hines askE!d why P & Z sited #il as a reason for denial (regarding streets and roads). Commissioner Hunn stated their was some discussion regarding the amount of pedestrian flow between the existing units in the vicinity and the bus stop and the conflicts betweE!n the pedestrian use of the road and the vehicles that are currently using the roads. While a sidewalk is being proposed, SOME' P & Z members felt there was potential for a dangerous situation. Mr. Doll added the proposed sidewalk will be contiguous from Falcon Point property to the bus stop. Councilor Carnes thought P & Z's decision of denial came down to density and architectural design. Councilor Carnes asked which was more important than the other. Commissioner Hunn stated several motions were made and failed. One motion was to approve it, but send it back: for DRB review. That motion failed. Commissioner Hunn took that to mean more of the members were concerned about density than architecture. Mr. Howard Peavyhouse, from Olathe, Kansas and a homeowner at Falcon Point I for five years encouraged Council to approve this application. Mr. Jean Gates, from South Dakota, and a homeowner at Falcon Point I for eight or nine years supported the management of Falcon Point and thought they have a very good plan that he is in favor of. Councilor Carnes asked why the applicant extended the building 12' after taking off a floor. Mr. Doll stated the building was extended the additional 12' to make the parking structure fit under the building. Mr. Brett Heckman, attorney for Beaver Creek West, spoke of, effectively, a manipulation of zoning and development rights. Mr. Heckman did this by illustration. Mr. Heckman noted in the course of the approval of Ordinance 85-22, the PUD, Lot 45 was redrawn to include approximately 1/4 of Lot 46. Mr. Heckman understood that when a PUD is approved, grandfathered rights are extinguished. Mr. Heckman stated no one has addressed Lot 46 being 1/4 less and questioned whether Lot 46, at 75a of what it originally was, retains 31 rights. Mr. Heckman mathematically figured, what he understood to be, development rights for Lot 45 and 46. Mr. Heckman understood that Falcon Point II, as far as the footprint, the space it occupies, and the density, translates to 57 units per acre. Town Attorney John Dunn noted the PUD for Falcon Point I was approved by an Ordinance adopted in 1985. The rezoning of the town occurred in 1991, six years later. As part of the Ordinance adopting the rezoning plan, exceptions were included. Due to the zoning commitments, prior to the effective date of the Ordinance, certain properties would be allowed the number of dwelling units assigned. Lot 46, Block 2, Benchmark at Beaver Creek was assigned 31 dwelling units. Town Attorney Dunn stated it his opinion that 31 dwelling units is what was grandfathered in 1991, subsequent to the PUD Ordinance of 1985 and that that is the available density under existing zoning, less the two that have been taken up by the one townhouse that has been built. This application redraws the property lines. Town Attorney Dunn expressed his opinion, with respect to the existing zoning, if the application is not approved. Town Manager Bill James stated that fractionalization was a separate Ordinance that allowed a development right to be fractionalized. A development right is a development right, regardless what it is viewed as. When they refer to 60 individual units and they have 60 development rights, that is not the way the town viewed it at that time. They had the right to take one development right and split that up into little pieces, but it still added up to one. 4 Town Manager James continued, when you refer to Falcon Point of having 59 development rights, that is an incorrect statement. They still have 31 in the original development. It really does become confusing. At the time, what we were trying to do is create a situation to encourage more development and solve the problems we had. This building was a problem at the time of development and an economic environment was needed. The idea was to make the units more affordable. Thus, fractionalization was approved. They were viewed as one development right and still need to be viewed t:11at way today. Town Manager James viewed it as there were 31 devvelopmenL rights that existed on Falcon Point and that is what exists today. we allowed them to make more efficient use of their property through fractionalization. And, there are 31 development rights that exist today on Lot 46. Discussion focused on fractionalization and development rights. Councilor Hines summarized Lot 45, even after fractionalization, is at 31 development rights. Town Attorney Dunn and Town Manager James agreed. Attorney Heckman disagreed. Mr. Mike Bennett, representing Beaver Creek West, asked for clarification. Lot 46 was grandfathered with 31 development rights; were those rights evenly distributed through out Lot 46 or is it at the discretion of the two different owners of the portions of the Lot to use them as they see fit? Town Manager James stated it remained 31 units under the Ordinance. Mr. Bennett stated the net effect of this application is that we are putting sixteen units in the footprint of two duplexes. However, they are 12' over with the building and there is a stair tower that comes over another 9'. Mr. Bennett noted the duplexes, if they were actually on Lot 46 and assigned RHD zoning, they would need 7 1/2' setback,; so we are 291-30' to the west farther than what would be allowed if they were building on Lot 46 with RHD zoning. Mr. Bennett: felt it a valid argument that the applicant has made the building wider, 121, to accommodate the underground parking. Mr. Bennett suggested that if the current owners had not built the duplex in the corner, limiting their development opportunities, the proposed building would not need to encroach on Lot 45 by the 12'. Mr. Bennett stated the PUD is not needed only to allow timeshare. They need the PUD to redraw the lot lines to put the building on Lot 45, which is contrary to Beaver Creek West's expectations. They expected Lot 45 had been built out. Now we are redrawing lot lines to put another building on what is currently Lot 45, contrary to the expectations of the neighborhood. Granted, they have to have the PUD for timeshare, but without it they can't build on Lot 45. Mr. Bennett reviewed Mr. Heckman's mathematics regarding units per acre and density. Mr. Bennett mentioned impact of views and noted the proposed building is 8' taller and 66' closer than the duplexes and is proposed to be built on the wrong lot. Mr. Bennett mentioned the letter writers used information from several weeks ago. Mr. Bennett reminded this project was put on a fast track to accommodate the developer so they could build it this year, if possible. It is difficult for non-residents to keep up. The public notice is sent to the association. And, last Tuesday was the first Mr. Bennett had seen the proposal with one floor off the top. Mr. Bennett encouraged Council to follow the recommendation of P & Z and not approve this application. Discussion ensued regarding the lot lines and development rights. Mr. Joel Farkas, owner of Lakeside Terrace, expressed support for this application. The lot was purchased from real estate agent Mr. Charlie Gersbach and he represented the lot as having 31 development rights. Mr. Lynn Weas, managing director of Christie Lodge, voiced support of the application. Mr. Weas has supported this project all along from 36 units to today's proposal. 5 Mr. Harvey Deutsch, partner in Lakeside Terrace, thought this is the best plan for the property. However, if the PUD is not approved, Mr. Deutsch informed they would come back with the same plan; sixteen units and put it all on Lot 46. The building would increase in height and the building would be narrower, which zoning would permit. Mr. Henry Vest, P & Z member, thought density was the major issue of the P & Z. Mr. Vest voted in favor of the PUD as he thought the proposed density was fine. Mr. Charlie Gersbach, real estate broker, didn't understand why this process has taken so long. Mr. Gersbach referenced other projects and vacant land in the area and stated confirmations of development rights need to be secured due to changing philosophies. Town Attorney Dunn offered two options; 1.) accept P & Z's recommendation and not consider the Ordinance, denying the application for rezoning or, 2.) reject P & Z's recommendation, at least at the present time, and pass the Ordinance on first reading. Councilor Benson motioned to approve Ordinance No. 96-3, Series of 1996, with staff recommendations 1 through 5 and add number 6 the sidewalk going along the whole proposed complex up to the bus stop. Councilor Yoder seconded the motion. Councilor Nottingham stated every time the project has been, presented, it has changed. Council has been reevaluating continually, as has P & Z. Councilor Nottingham expressed concerns on the community, i.e. employees and affordable housing for employees. Councilor Nottingham felt the reason a PUD is up for negotiating is that you are compromising; in this case the density in the zone, which is residential high density, and you are perhaps infringing upon the rights of the adjacent property owners. Councilor Nottingham felt remiss in looking at these requirements and pretending there is not a negative impact on some people to grant this privilege to other people. Councilor Carnes commended both sides for their persistence. We've shown democracy at its best and bureaucracy at its worst. Councilor Hines asked about Chapter 16.36 of the Charter referring to=timeshare and disclosure; does that Chapter apply to this Ordinance? Councilor Hines asked if Council approves this Ordinance on first reading does it get remanded back to P & Z regarding architecture or will this go to a second reading by the Council? Town Attorney Dunn stated the Ordinance will go to second reading by the Council. Town Planner Griffith stated Chapter 16.36 referring to timeshare; the applicant would need to come forward and do a timeshare subdivision and they are intending on doing that. They do need to finish a platting process for this property. Town Planner Griffith noted the way the motion was stated, it was not envisioned that the Ordinance would go back for final design review to the P & Z. That is a condition Council could insert in the motion. Town Manager James asked if the applicant has an approved plan to build,the proposed building through design review. Town Planner Griffith stated the planning staff packaged the Ordinance to include the PUD and the design review in one process. Staff did not do a complete analysis of the design review criteria, but addressed the PUD criteria. Town Manger James recommended council table the Ordinance. 6 Town Planner Griffith noted the Ordinance is for the PUD. Council needs to make clear in their motion that it goes back to P & Z for final design review. Town Manager James agreed. Councilor Hines stated this has been an interesting process. This is a policy decision. Timeshare is not supposed to be allowed outside the town core area. There is a special privilege that is being granted here. With that, we do have to look at what the underlying zoning was, what surrounding expectations are, and we have to look at additional impacts as Councilor Nottingham mentioned- It is not as straight forward as some might think. Councilor Hines asked where the design review will come in; at second reading? Town Manager James stated the Ordinance that is before Council this evening would need to be amended prior to second reading. Town Manager James added he prefers to take the design review out of the hands of Council, if Council agrees, and have P & Z deal with design issues. Council concurred. Mayor Reynolds called for a roll call vote. The motion carried with Councilor Nottingham opposed. Council recessed at 8:45pm and reconvened at 8:53pm. Resolution: Resolution No. 96-3, Series of 1996, A RESOLUTION APPROVING THE PRELIMINARY CONDOMINIUM MAP OF LOT 3, NOTTINGHAM STATION PUD AMENDMENT 2,"SUBDIVISION, TOWN OF AVON, EAGLE COUNTY COLORADO Mayor Reynolds announced this is a public hearing. Town Planner Griffith noted this is a preliminary condo map for Lot '3, Nottingham Station. It is the Avon Crossing Condominiums. Councilor Nottingham motioned to approve Resolution No. 96-3, Series of 1996. Councilor Fawcett seconded the motion and the motion carried unanimously. Resolution: Resolution No. 96-4, Series of 1996, A RESOLUTION APPROVING THE FINAL CONDOMINIUM MAP OF BUILDING ONE AND TWO, LOT 3, NOTTINGHAM STATION PUD AMENDMENT NO. 2, SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Griffith noted this is a final plat for buildings 1 and 2. As the buildings are completed, there will be more final plats. Councilor Yoder motioned to approve Resolution No. 96-4, Series of 1996. Councilor Benson seconded the motion and the motion carried unanimously. Other Business: Council wished ski racer Councilor Carnes luck during the American Ski Classic. 7 New Business: Ratification of Architectural Resource Consultants, Inc. (ARC) Agreement / Consulting Services for Recreation Center Phase II and Swift Gulch Public Works Facility Councilor Yoder motioned to authorize the Mayor to sign the consulting services agreement with ARC. Councilor Benson seconded the motion and the motion carried unanimously- New Business: Ratification of Maintenance Design Group, LLC (MDG) Agreement / Facility Planning for Swift Gulch Public Works Facility Councilor Fawcett motioned to authorize the Mayor to sign the facility planning agreement with Maintenance Design Group for the Swift Gulch Public Works facility. Councilor Benson seconded the motion and'the motion carried unanimously. New Business: Bellyache Ridge Metropolitan District Fire Agreement / Bear Gulch Fire Agreement / Wolcott Springs Fire Agreement Councilor Hines motioned to authorize the mayor to sign the Bellyache Ridge Metropolitan District Fire Agreement, Bear Gulch Fire Agreement, and Wolcott Springs Fire Agreement. Councilor Benson 'seconded the motion and the motion carried unanimously. New Business: Amendment to IGA concerning the implementation of an E911 Telephone Service Councillor Fawcett motioned to authorize the Mayor to sign the amendment to the IGA concerning the implementation of an E911 telephone service. Councilor Hines seconded the motion and the motion carried unanimously. New Business: Copier Lease Agreement and Service Contract for Transportation Department Councilor Benson motioned to approve the copier agreement for the transportation department. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Darren Edwards Photographic Services for 1996 Special Events Council expressed concerns with price of film and no limit of the number'of rolls to shoot, and that the town would receive limited use of the pictures. Councilor Benson motioned to table the Darren Edwards Photographic Services for 1996 special events. Councilor Yoder seconded the motion and the motioned carried unanimously. Consent Agenda: a.) Approval of the February 27, 1996 Council Meeting Minutes b.) Financial Matters 8 Councilor Yoder motioned to approve the Consent Agenda. Councilor Benson seconded the motion and the motion carried unanimously. Adj ourn : There being no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor'Benson moved to adjourn. The motion was seconded by Councilor Nottingham. The meeting was adjourned by Mayor Reynolds at 9:13PM. SPECTFULLY SUBMITTED"' Patty Ney art, CMi Town Clerk T T%""T - 9 E X H I B I T A March 12, 1996 Town Council Town of Avon P.O. Box 975 Avon, Colorado 81620 Dear Town Council Members, It is our understanding that Points of Colorado, the current developer of Falcon Point in Avon, wishes to expand their timeshare operations with the development of Falcon Point it on the now empty lot just to the east of the existing Falcon Point Resort. As long standing members of the business community serving the Town of Avon, we support Points' effort because Points and Falcon Point's owners and guests have: 'Become quality friends within the Avon community. 'Become goodwill ambassadors re: vacationing in the Vail Valley, and specifically re: property ownership in Avon. `Made consistent, growing and significant contribution to the success of our business volumes. . We hope that you will favorably consider Points' development application, in as much as we look forward to their expanded participation in our community, and specifically, in the expansion of our'business. Sincerely yours, Mi a Brumbaugh Avon Sports, Owner/Proprietor VALLEY E IMIechanical & Electrical, Inc. 'Tire Professionals' March 07, 1996 Town Council Town of Avon P 0 Box 975 Avon CO 81620 Dear Town Council Members, RECEIVED MAR 11 1996 TOWN OF AVON It is our understanding that Points of Colorado, the current developer of Falcon Point in Avon. wishes to expand their timeshare operations with the development of Falcon Point II on the now empty lot just to the east of the existing Falcon Point Resort. As long standing members of the business community serving the Town of Avon, we support Po'ints' effort because Points and Falcon Point's owners and guests have made a consistent, growing and significant contribution to the success of our business volumes and they are quality friends within the Avon Community. We hope that you will favorably consider Points' development application, is as much as we look forward to their expanded participation in our community, and specifically, in the expansion of our business. Sincerely yours, r x__Ang~4 -omas &g , President Valley Wide Mechanical & Electrical. Inc. 431 METCALF ROAD • P. O. BOX 5080 • AVON, COLORADO 81620 • (970) 949-1747 • FAX (970) 845-7144 rrcRbrr Nova Guides, Inc. March 12, 1996 Town Council Town of Avon P.O. Box 975 Avon, CO 81620 Dear Town Counci Membars: It is our undcrstandnig that Poirt of Colorado, the current developer of Falcon Point in Awn tub= to expand thaw umediare operations wish the development of Falcon Point A on -the now MV1Y lct Jost to the can of the exiing Falcon Point Resort. As Imig standing numbers of the business camm=ify saving the Town of Avon, v r support Points' c-Tort because Points and Falcon Point's ownem and guests have Becomc quality fdcnd3s within the Avon cotmnu* , F goodwm amnibasssda~ it: vaca~ m the Vad Valley and wpci&gr m property ownership in Avon, Made a conatuff, growing and sea$cant contzibution, to the success of our budnem volmm and the Vow% of the area. We hope that you WW favorably comder P=W s:cv~elopnacrrt appficadon, in as m®ch as vile look fozward to thew expanclcd Fwddpadw in our camm®ity and specifically in the aoo of ow buamese. NOVA CAM M INC. ~ v Dhvcw of Sales ea P.O. Box 2018 0 Vail, Colorado 81658 • 303-949-4434 o FAX 303-949-4191 L 'd 16lV6V601-6 'CN: S30Ino VACN WOd_~ vd£S°S 5661-l t - t March 7, 1996 The Honorable Buz Reynolds, Mayor The Town of.Avon Dear Mayor Reynolds, We wish to let you know how much we enjoy visiting the town of Avon, Colorado. We own a time-share at Falcon Point and have spent quality time at the resort and in town. We loved the restaurants, shops and geography of the town and its environs. Thank you for keeping the area so lovely and appealing. Sincerely, Q-~ I Gail Aiken and Robert Horstmann 2540 Brogans Bluff Drive Colorado Springs, CO 80919 MAP-12-96 1 UE 0:=::30 AM ST. PAUL CHURCH 71 947 1 3009 'TO: The Honorer Alert AH " ItiAareh 11, FROM: Tom *WINi" wdidoh t'- 7t• 4, . r• Dear Sir: •s We would like to bd s the issue of the addition at Palcon Point. We feel that current drtd future `jFettbh point dft&(§ MI kupport this Idea. Here are a few reasons as to why OUt Inplat should ba WtWdered: •(1) Falcon Point 1. bi rd ldMddet y6fif around. Ivan during the shoulder season, owrter* `iii ohO ft #tr, bt ft 6i Mof bs at tho local City Md*ett, taking advantage of thd• Aft%6t ~►riti trt vrd 'hava wit#'f Chicago pizza, Avon Liquors, as well at-&-Abb"t bt b bWnfttes *N..ch offer owners at Falcon Poird wore! ►r(t doebufft bfi b slid service: Additlondl units at Falcon Point wou Oitliply i"Ofe"W" P t1l,Ie b--tho t0iftkt. (2) Falcon Polio bf+P11Ar$ dd Id thdif VeC$t on ownership. My husband and I feel that out i P dit W are tha dpitothe of the vacation ownership experleit%. bur Orery i 1j•1'6 in thls.exquisk* resort. The staff Is superb, and $xwi►ty protegsaM ct ~1itd looking fi~itward to s tong and happy relationship with Paild6 'f Point W t fby Ahd With tho t6wn of Avon in geheral. (3) Some of the eft *4 V° t="n Point it'tCli a the proximity to Nottingham Lai eAlIld life "616 Mk the ex W1,04 fibtety, the fiew recreation center; fw% kN + .t .Olt '`'ices sons Of th * are pald activi#tes, expanding F&MWMn 061 * 14111 AtthdNWN hr's vdc*16h e90efiWe as well as brining more nlMdy ito ills toWftrXtinrg tom: whilO are are lit ANOM 1, -8 "1W . rants, sup" skiing frt the Witter 61MOM 141 dot b { td"WMm&_ tel In one of the SfavoI ColOradGr6h~ OtJr lme mi g "Utar trips to wal. man, City 14Aerkdt; ~ 1gltg4 ' 9nal Wiiia ee tWion), the Oolumbirte E3alcbttyy$ i_d: ( b l t 0 be without a nedAssary item because I knit ft bait ffrid elm Ift4 kths to*n of Avon. In addAkRi. we u id ft4L ~ j odrtsidet e'°p8W if you Will for thA Aq is r9 r ii i 11j1dM",$omd salt of rkeefdy discom would be much npemWftjr OO Thank you for you fiffig In uMtV WJ-1F6ttat. It It our most heartfelt wish that you corWider the poitt 06% hiddd. Tom and Sheny V&M6h • 360 Brandy wine ' Colorado 'rim; .C* Og (719) 5+39 1 f P. 01 March 8J996 The Honorable Buzz Reynolds Mayor, City of Avon 400 Benchmark Road Avon, CO 81620 Dear Mayor Reynolds: I am writing in response to opposition by some of the residents to the expansion of Falcon Point timeshare condominiums As a frequent visitor to your City each year and the knowledge of our own personal habits, it seems unthinkable that the City might oppose this growth. I am quite sure that some who visit there might be disruptive and on the wild side. However, from my experience there Falcon Point has always been occupied by responsible families. With growth, current property values rise and property is accordingly better maintained. In addition it doesn't matter not how much or how carefully we pack, there is always a-need to do additional shopping in Avon. There are always ski items, apparel, and souvenirs in addition to the groceries we purchase. The money we spend dinning reaches records, and our general rate of spending exceeds spending in our home town many times over. As one who also lives in a tourist town I can assure you that tourists do bring many more benefits than liabilities. Yours truly, G 'ald Emmert 7892 Aspect Way Las Vegas, NV 89129 Ronerable Albert Renolds Mayor Town of Avon 400 Benchmark Road Avon, Colorado Dear Mayor Reynolds: My husband amid I have been time share condo owners at Faison Point since August. 1993. We have used our time share In June and September of 1994, January and August of 1995. and January of 1996. Hopefully we will be using it at least one more time in 1996_ we love the town of Avon and the lovely park right outside our door for our grandchildren. We always have lunch and dinner in the, local restaurants when we are in town. There has never been a trip that we didn't have to run to Wal Mart for a forgotten bathing suit, goggles, swim toys, suntan lofions,etc. The list is endless. The market gets our business also. Based on the business we do in Avon. i think that an addition at Falcon Point could only add to the business and Increased taxes paid to the town of Avon. We urge you to support this expansion to your (our) town- Thank you for your consideration. Sincerely. Sally Fouts 10689 Raspberry Mountain Littleton. Colorado 80127 MAR-lc-1936 lc I9 A. I,JENZ-EL &/OR D. MILLER +1 2'15 349 1393 P.02 13, Miller Associates Strategy and Manageulenr (:nnsulting 533 Weslviaw StYt?Pl Philadelphia. PA 19119 (215) 9-640 215) 84 844-81393 Tuesday, March 12, 1996 FAX ( Mr. Albert Reynolds, Mayor Town of Aeon 400 Benchmark Road Avon, CO 81620 910-949-4280 (phone) 970-949-9139 (fax) Dear, Mr. Reynolds: In the course of our annual Vail Valley ski vacation last week, and while utilizing our two'bedroom Timeshare condominium at Falcon Point, my family and I discovered that the expansion of Falcon Point was not progressing as planned, despite the approval of the proposed expansion by the current Timeshare owners last surnwift. Upon farther inquiry, we learned that the entire expansion project was in jeopardy. So. accordingly I am writing to you to express my opinion on the subject. First, it may help you to know that we purchased our Timeshare at Falcon Point (our second Timeshare week) in the winter of 1990, after successfully utilizing the services of Intemal Intemational to exchange our Divi Little Day, St. Martin (Dutch West Indies) Timeshare (our first Timeshare week) for Points of Colorado's Eagle Point Timeshare in West Vail. Although we had skied Vail previously and really liked the Vail Valley, we visited Avon and skied at Beaver Creek for the first time in winter 1990 explicitly as the result of an invitation from Points of Colorado to come to Falcon Point to attend a welcome party. Since purchasing our falcon Point Timeshare, we have personally used the Timeshare and skied Beaver Creek and Vail for at least one week each winter. Furthermore, we have brought many friends to vacation with its, and several of them have purchased Points of Colorado Timeshares, too. And, we have utilized Points of Colorado "Gold Card Bonus Time" to spend additional time in Avon during other seasons. MAR-12-1996 12--,:20 A. i,lENCEL &/OR D. HILLER +i 2i= o-+? 1393 F.00 In fact, we are so pleased with our investment and our experience in Avon, that we have developed a positive routine for our ski vacations that has permitted us to keep skiing as we grow our family. (Our 27 month old daughter. Emily, just returned from her third ski vacation at Falcon Point.) We fly into Denver Friday morning from our home in Philadelphia, rent our car, and drive out to Avon in time for a`late lunch at Cassidy's Hole in the Wall. We then check into Falcon Point, unload the car, and head off to The City Market for a "big shop." After the "big shop," we organize our condo, order dinner from Avon's Chicago Pizza, and bed down dreaming about next day's skiing on `'real mountains." We like to ski Beaver Creek on Saturday and Sunday, even though our favorite ski instructor teaches at Vail, because the bus transportation is so convenient, the lift lines are shorter, and since the addition of Grouse mountain. Beaver Creek is a really good, challenging ski mountain. During the week, we do additional "little shops" at the City Market and/or Walmart, eat out in Avon one or two nights, pick up sonic wine at Avon Liquors, have our skis tuned at Avon Sports. etc.. Even with all the development and construction in Avon over the past few years, Avon still maintains its easy, accessible, and friendly atmosphere---quite a contrast with trying to shop at the Safeway in West Vail' And, this year,. when Emily's favorite portable tape player broke, I was able to avoid a family crisis by quickly replacing it at Radio Shack? Second, t think it is important that you know that when Points of Colorado wrote to us as a Falcon Point Owner and requested our support for the expansion plan. my immediate reaction was negative. Since 1 had discovered Avon in 1990 before most of the world had discovered it, and since 1 liked my view and didn't want it disturbed, i thought it would be best if no one developed the property between Falcon Point and Benchmark Road. But, that is not reality. Unless some entity purchases the undeveloped land and donates it to the Town of Avon to be held permanently in trust as a park, the remaining undeveloped land in Avon will be developed. As a case in point, a huge duplex has already been built between Falcon Point and Benchmark Road. So, the issue really is what can be done to insure that future development within the Town of Avon is done in a tasteful, well considered, and appropriate manner. It is in this context that 1 supported Points of Colorado's request to the falcon Point Owner's to tastefully expand Falcon Point in a well considered and appropriate manner. Carefully expanding the current Timeshare resort will have less negative impact thanthe development of a new project by a different unproved owner. Common facilities like the pool anal reception areas can be shared and integrated with the additional proposed Timeshare units. MAR-12-199E, 12:21 - H. :,JE~47EL Lk, f1ILLEP +1 215 849 1393 P.04 Furthermore, in addition to avoiding the negative aspects of undisciplined development, there is a very positive aspect to the development of a few more Timeshare units at Falcon Point. Falcon Point Timeshare owners. take a stable ongoing positive interest in Avon and it's long term successful development. Whole ownership condominiums and vacation homes in Avon are far too expensive for most working people and are thus attractive to an important but very limited population group. Hotel rooms, which can be purchased on a transient basis, are atTordable on an occasional basis to manv working people, but the occasional hotel guest does not develop any loyalty to Avon. Timeshare owners fill the l;ap in a very positive manner between the very well off who can afford to own a vacation borne in Avon and transient hotel guest that comes and goes at will. Most of the Timeshare owners at Falcon Paint come from the Front Range of Colorado and take a personal interest in Avon on acount of their investment. Others, who live out of state like our family, view Falcon Point as our "little piece of God's country" and come and enjoy Avon and the surrounding Vail Valley each year. And, as mentioned above, if it had not been for the characteristic of Timeshai a ownership that permits exchanges, we never would- have visited Avon in the first place. Now, the come every year and talk occasionally about retiring early, mewing to Colorado, and perhaps taking up full time residence in Avon. it is for all these reasons that I hope you and the other powers that be in the Town of Avon approve Points of Colorado's rcquest to expand Falcon Point as soon as possible. It would be a pleasure meeting you next winter (or sooner) when we are back at Falcon Point enjoying the many positive qualities of Avon. Sincerely, David A. Miller cc: Points of Colorado, lnc. IFAPAvon 1 FOTPL P.04 PIRR-12-1956 11:17 THE TRACON COPP I ' 1 . 6 March 11, 191) r Hon. Albe t P:e olds, MaYOT The Town f ton 400 Ben asl P~4ad Avon, Co! ~ f Dear Sir: I As a tft mbez 410ae Board of Falcon Pointe Homeowner's Asweialiet', and an owner at that r: fort X m~, uld lice to false this opportunity to record my thoughts regarding the exnansion of Ali on Point Resod I have bees in rer since 1993 and a Board Member since fall of 1935. I l>tave found r Points of 0010 4o to be am outstanding company. Since they are nearing scll out, resort rria nagem~rit mill soon 'be takta over by the awwrs• We are taking over a well mmnagPd ' property. s'Of Colorado has set an example that the indastry acknoMcdges and of of Avon should be proud of. Which the rZ4 As a Boar4i l mtber. I represent the owners of Falcon Point. An overwhebung. majority of the 250 ttvnerr families bave registered their support for this projcct. These families annually sit > he Avon area, sugpviti~ merchants, pa*& taxes and enjoying the area. I while not~he fires utilizing the to""s scbools aad support services- Theses families I i Wnsider t;!)t pvnerstug s vaca4an home eerience. They do not gextchsse these antra as rental investiodents, rather planes of personal refuge. The owners come throughout Mi SCW605, r of j stjthe peak summer and ski months, fiuther supporting the community of Avo> - They duo oot perceive themselves as tourists, but as members ofthe community. ly s~p~art the expansion of the zcsart. Obviously, them are benefits for the. ' We stron4 owners o ' FateA Point; but the benefits too the Town of Avon should mat be overlooked. Sincerely 'i t ! eph twa aleon F int eowlaer's Association Board Member ` 6188 Sao th Mo"e Court i Englewo , qa, 90 111 ti I i~ I , t ; TOTAL TOTNL P.01 March 1, 1996 Mr. Larry Doll Falcon Point 101 University Blvd Suite 405 Denver, CO 80206 Dear Larry: Congratulations! Falcon Point has been recognized as a 1996 Interval International Five Star resort. Interval International's Five Star Award represents the standard of excellence in the vacation- ownership industry. Created by Interval International's Board of Directors, the Five Star Program was developed to recognize resorts that exemplify the Interval Five Star vacation experience. To provide exceptional vacation experiences for our members, we continually strive to ensure that all Interval International Five Star resorts maintain the optimum level of quality. All Five Star member resorts are subject to inspections by Interval International and the overall resort quality is constantly evaluated through our exclusive Customer Satisfaction Index, which measures consumer feedback from exchange guests. Our policy of recognizing only those resort properties that provide superior vacation experiences protects the integrity of the Five Star Program and underscores Interval's commitment to create the ultimate standards in the vacation-ownership industry. Your resort's 1996 Five Star Award plaque will be sent shortly. We hope you will display the plaque with pride. We commend your achievements and look forward to your continued commitment to quality. Sincerely, G Craig M. ash President and Chief Executive Officer World Headquarters 6262 Sunset Drive - P. O. Box 431920 • Miami, Florida 33243-1920 U.S.A. Telephone- 305-666-1861 • Fax: 305-668-3413 03:11:96 11:56 $1 305 667 5916 II WORLQE% Ems',. Y~ s TMr ()M f r VA[Jlryfxl rAX.piA,1Y;tNer4vgM - CRAIG M. NASH , AmIdentand ens Etnw&m Of6cw March 11, 1996 Cowrnse 0!f w., and Repnaeataawt is Deaver The Honorable Albert Reynolds MonOWlu Mayor Las Vegas Town of Avon AroB ire Avon, Colorado Aueaa6a Erard CApary Wand& D ht & Dear Mayor Reynolds: e w Fintan4 I am writing to YOu to express Interval Intemational's support for Points Francs of Colorado's efforts to expand its Falcon Point Resort Falcon Point Gard" . has been a valuable member of Interval International's Exchange System since 1986. In 1992, it was awarded Interval's Five Star 11aw designation, a distinction given less than 20% of our 1 350 member Jain , resorts- Falcon Point has also received our Superior Service Award N every year since 1989, an award based upon service ratings from the ze OWZeal.r>Q exchangers who visit the resort each year poruml . Smyaowe Spain Since the b=eginntng of our relationship with Falcon Point thousands of TWHand , exchangers from all over the world have visited your community. From Tudo their comments. they have greatly enjoyed their vacations, and we get unaca KteaftM vanaz.cl, marry repeat requests to return. We are very proud to have Falcon Point in the Interval family and hope that you approve their expansion plans. Sincerely, CA 6 IMA IU4-o~ Craig fN. ®002 wORt. t7 HP AnO11A RTER!i 6267 Sowt MIve - Miami, Flgr{dp 13143 U S A - ;1p5161B-tBSI -;WWAS;on 70,35 - faux 13G%J 6-4948 A enkan Res- o Development Association 2220 L Street,, N.W.. - Suite 510 . Washington, D.C. 200U~059 (202) 371-6700 - (202) 289-8544 FAX Peter N. Brorm Regional office: Chairman 31005 OranKe Avenue r,uAe 230() Thoatas C Franks Orlando, R 3280241112 Pre'sidomt (407) 649-4078 - FAX (407) 972-0772 March 9, 1996 Honorable Albert Reynolds 1VI2yor Town of Avon Avon. Colorado Dear Sir, t recently teamed that Dr Larry Dail of Points of Colorado currently has an alrnlication before the Town Council of the Tawn of Avon for approval to expand Falcon Point Resort.. Please consider this letter an expression of support for his MTW-,% The American Res-art Development Association (ARDA) is the trade associamar of the vacation Ownership Industry with over 800 member companies. Our goal is to faster and promote the growth of the industry throw education, psblrc relations and commusixmrions, memvbetwhip development, and cdrics enfbreement. Points of Colorado has been a member of ARDA since 1906 Vacation ownership is the fastest growing segment of the leisure and travel industry. Over 3.14 million households worldwide now own a vacation interval. Timeshare owners spend over $6 billion annually while vacationing at timeshare resorts in the United States We are proud of the record of growth of our indusay and the professionalism of our developers Dr. Doll has been a frequent speaker at both our regional and national conferenoes. In addition, he has saved on a number of committees and currently is Chairman of the Judging Suhcomittee of the Awar& Committee. Another of your local bus'tnssmea, Lynn Weas of Christy Lodge , serves as Chairman of the Resort Management Committee_ It is largely because *(the contributions of people like these that our industry has grown and prospered. In tine ten years i have knows Dr. Doll, bis behavior he has been honest, professional, and eonsitent with the ethical standards promoted by ARDA. I % Auld enco ethe Council's approval of Points of Colorado's application and ant confideet that Fat Point will ontinue to be an asset to your community. 10592 N. 106th Place Scottsdale, Arizona 85258 March 4, 1996 Avon Town Council P. 0. Box 975 Avon, Colorado' 81620 ATTN: Albert Reynolds, Mayor Jack Hunn, Chairman, Planning & Zoning ]Dear Sirs: R P,V CD MAR o q 1996 TOWN OF AVON We are writing this letter to express our opposition to the proposed development plans for Lot 46 by Falcon Point. As owners of Unit ##13 at Beaver Creek West, we are very concerned about the negative affect that such a development would impose upon our property. Doubling the units would not only lower our property value, but would seriously affect the views: that we currently enjoy. We would also like to point out that this proposed rezoning is certainly not in keeping with the "approved" building plans for the surrounding area when we purchased the property. We encourage you to reject this rezoning application and read our concerns at the upcoming Public Hearing. Si John JFA: kw SUM M` SKI PROP.. INC. 9709491080 MAR 1 1 '96 12:01 PR ;,_tATELLEC'tUAL PR-aPERTY 1.3 .3?.Z: 71 TO 91978949x391 P.01 P.02/02 March 7, 1996 " -i~km: Agteccy rwlds. lb+la►yor w W A4 Bunn, Chairrrlim ~ binning do Zuteiag Gmmiss* Tdwn.CbdbdP of Avon " . P.,0. B6z'*975 Avon, X0.41620 ' ~ • ' ice.. ~ ~ . X3B►er dtss ed to- barn about ty ota►a~crs of U1i ek. we arc ~ :tYz= ti:x4evlopi~c PLta for. Loi. considttan ibs Town of Avba. `'4Ve consMucma pv ovt condo wide-l ae , . .titat:si . iiplex buiidiirgs wt lie $1rt area aliawiag. .~:iaa~aafi►.arau~:tttc baildi~s. idQ~v°if._ . thei the . • is being '~,.~t'►vr~•air.additi~gnai':Bv,cstm~r bli~iigg:tci'b~'~od v%ews 14e.,w- B . C [ich;. Wt- v4ik* O il'. e1imimope.' off: ' ouar condo bawd on tba -oat md4wws wow be • ed:"'We are. cot nc -rl; vt►a cauw not our vi~v °Dut li{ye cis: hm of apu g~vpe ;Jim l, 'because of die' Am. i~sulaittg ft::)ver dev ac'atf Loc'4'6- . ::lfi~e. ate; dtesefom, •.U r.a~n'~'..follp~r the►~► Otte • Flaili ng , Z ming GOmminim m v 5* to deny die. apt for' rem ."m" by 'Falcon Point Lodge. : - ;im-*e,:rw=datb*li& u m i48 ' w... d~e:r~aii~g app~Catiun toe „ -45:" r+s4;~ ~ . ~ • : • „ . ~ ~ ~ ~Th : you for y(w ~H of fir:' Vow% VUT. "Y. • ~ . ~ ~ l.layd~ ~d-Bat~at$~Freolaaa. ~ ~ . cc• 111~ftAjke Bennett, Masagor Bever Cmek wait TOTAL' PAGE'. 802