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TC Minutes 07-23-1996sG.~,h MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL FIELD JULY 23, 1996 - 5:30 P.M. A regular meeting of the 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 5:31 PM. A roll call was taken with Councilors Jim Benson, Jack Fawcett, Celeste C. Nottingham, and Judy Yoder present. Councilor Richard Carnes and Councilor Tom Hines arrived at 5:32 PM. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Police Chief Gary Thomas, Town Engineer Norm Wood, Administrative Assistant Jacquie Halburnt, and Community Development Director Mike Matzko, as well as members of the press and public. Citizen Input: Lot 24, Block 2, Benchmark at Beaver Creek Subdivision - Avon Plaza / Appeal to Council Director of Community Development Mike Matzko briefed Council on the appeal. A design was approved, for the project, in 1994. The applicant received a building permit a few months,ago. Prior to construction, the applicant applied for a design change. The basis of P & Z's denial was that the current parking regulations as interpreted would not be met by this addition of this design change. Discussion-followed on uses versus parking requirements. Matzko stated parking regulations were interpreted differently in 1994. The current parking regulations were in effect at that time. Town Attorney John Dunn considered the interpretation that was applied in 1994 to have been erroneous. The current interpretation placed upon the ordinance is the correct interpretation. Matzko noted what is triggering this is a change in design - the additional square footage to enlarge the building. Current approval gives them 73'parking spaces, under the way parking was originally calculated. With correct interpretation, they should have 96 spaces. The proposed additional square footage would require 101 parking spaces. Mr. Allan Bucholtz, counsel for the applicant, disagreed with, Attorney Dunn's interpretation of the ordinance and thought this to be a single use project rather than a mixed use project. The addition, being proposed is an extension of the roof line on the second floor, by about 17' by 40', to allow for additional office space on the second level. It doesn't change the foot print of the building. The approval encompasses 19,445 square feet of retail and office space. In the internal planning of the structure, some of the 19,445 square feet area was taken up with hall ways and other internal amenities. This addition is to restore the total saleable or leasable square footage to 19,445 square feet. The 73 parking spaces that have been planned are sufficient under the original parking requirement of 4 spaces per 1,000 square feet of retail and 3 spaces per 1,000 square feet of office space to accommodate the design as amended. Mr. Bucholtz noted parking requirements have changed not only from 1994 but between March, 1996 and July, 1996 and thought this to be unfair. Mr. Tim Garton, developer, gave history of project and reiterated Mr. Bucholtz's presentation. Mr. Garton recalled that mixed use designation was originally not designed to be punitive, it was designed to encourage certain types of uses in Avon and to make it easier when uses change inside a building. Mr. Garton exampled - if they had a 30,000 square foot office building, it would require 90 spaces - 3 times the 30,000. if they had a 250 square foot restaurant, it would be classified as mixed use and would require 165 parking spaces. Mr. Garton felt the town staff had directed him towards the 3 and 4 spaces per 1,000 square foot during the planning process. Mr. Ed Ladwig, from Dokken Architects, detailed the design modification. The applicant is requesting an additional 851 square feet by extending the second floor roof line. Mr. Kim Peterson, Mr. Garton's partner on this project, informed in May, 1995, the approval was for 19,445 square feet. At that time that square footage was based on a footprint of those buildings based on -measuring from the outside walls to the outside walls. During the period of May, 1995 until recently, the areas within that footprint have shrunk. The leaseable and saleable space has shrunk because, of the fact, that hallways were added, elevators were added, doorways were added. That building shrunk internally as it relates to leaseable square footage from office and retail. Mr. Peterson exampled if they build an 18,000 square foot building and in that 18,000, square feet they have 18,000 square feet of offices, the parking ratio is 3 spaces per 1,000 square feet. If inside that 18,000 square foot building they do 9,000 square feet of offices and 9,000 square feet of a men's and women's room to go to the bathroom, at that point parking is for 9,000 square feet and not 18,000. Parking is calculated on space that is being used for leasing and selling. Mr. Peterson noted when they realized they were loosing 851 square feet of valuable space, they requested the modification. Mr. Peterson stated at that point the rules changed, with respect to this parking issue. In March of 1996, the project was described as a commercial project, not mixed use. Mr. Peterson noted, all along they have been applying the commercial project parking requirements. Discussion followed on uses and their perspective parking requirements. Mr. Bucholtz explained his interpretation of the parking ordinance. Mr. Bucholtz referred to a letter from the Community Development department that mentioned the project as a commercial project. Mr. Bucholtz explained his perception of single use and mixed use. •Matzko noted commercial is a generic term to differentiate from residential. Mr. Bucholtz thanked council for their time. Councilor Fawcett motioned the town council deny the appeal of Avon Plaza. Councilor Yoder seconded the motion and the motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-13, Series of 1996, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO EXEMPTIONS FROM THE REAL ESTATE TRANSFER TAX Town Attorney Dunn reminded that Council asked that an amendment be submitted which would clarify the point at which an exemption, for primary residence, had to be applied for. The code provision, presently, is the application be filed prior to sale of the property. This Ordinance specifies the application be filed prior to payment of the tax. 2 Councilor Hines motioned to approve Ordinance No. 96-13, Series of 1996. Councilor Benson seconded the motion. The motion carried unanimously„ excluding Councilor Nottingham, who was absent from the room. New Business: Park Improvements Bid regarding Tract P in Wildridge and Lot 16, Nottingham Park Councilor Benson motioned to reject all bids for July 16, 1996. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: H and R Contracting and Colorado Pacific Construction Chateau St. Claire Annexation Agreement Councilor Yoder motioned to table the H and R Contracting and Colorado Pacific Construction Chateau St. Claire Annexation Agreement. Councilor Benson seconded the motion and the motion carried unanimously.. New Business: Memorandum of Understanding Regarding the Eagle River Watershed Plan Councilor Hines motioned to authorize the Mayor to execute the Water Rivershed Plan Memorandum of Understanding. Councilor Benson seconded the motion and the motion carried unanimously. Councilor Hines volunteered to represent Council on the Eagle River Watershed Committee. Mayor Report: Mayor Reynolds mentioned the town's watering restrictions. The Town's watering and watering restriction times were discussed. Councilor Nottingham noted Nottingham Lake is not the Town's drinking water source. Other Business: Councilor Nottingham mentioned conflicts of interest of Planning and Zoning Members. Councilor Nottingham thought a boardmember should not step down from the board and then make a presentation, due to the perception of a conflict of interest. Consent Agenda: a.) Contracts for Summerfest Entertainment b.) Approval of the July 9, 1996 Council Meeting Minutes c.) Financial Matters 3 A` Councilor Benson motioned to approve the Consent Agenda. Councilor Nottingham seconded the motion and the motion carried unanimously. Adjourn: There being no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor.Not-tingham moved to adjourn. The motion was seconded by Councilor Benson. The meeting was adjourned by Mayor Reynolds at 7:15 PM. RESPECTFULLY SUBMITTED: Patty Lamb rt,. CMC Town Clerk 4 APPROVED: -