TC Minutes 07-22-1997E
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 22, 1997 - 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 Jack Fawcett at 5:32 PM.
A roll call was taken with Councilors Jim Benson, Richard Carnes,
David Gilman, and Bob McIlveen present. Councilor Bus Reynolds,
Jr. and Mayor Protem Judy Yoder were absent. Also present were
Town Manager Bill Efting, Assistant Town Manager Larry Brooks,
Town Clerk Patty Lambert, Town Attorney John Dunn, Director of
Recreation Meryl Jacobs, Special Events Coordinator Dana Maurer,
Director of Community Development Mike Matzko, Planner Karen
Griffith, and Administrative Assistant Jacquie Halburnt, as well
as members of the press and public.
Citizen Input: Avon High Country Triathlon Update
Dana Maurer reviewed the second annual Avon High Country
Triathlon special event to be held this Saturday, July 26th.
Citizen Input: New Manager at Channel #5
Ms. Jennifer Boucher introduced herself as the new station
manager at Channel #5.
Ordinances:
Second Reading of Ordinance No. 97-7, Series of 1997, AN
ORDINANCE AMENDING CHAPTER 5.08 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON AS IT RELATES TO APPLICATIONS FOR LIQUOR LICENSES
Mayor Fawcett announced this is a public hearing.
Town Attorney Dunn informed this Ordinance was adopted by Council
on first reading at the last meeting without change and is
therefore back to Council for second reading.
Mayor Fawcett asked for any public input. Hearing no one, Mayor
Fawcett asked for questions or action from Council.
Councilor Gilman motioned to approve on second reading Ordinance
No. 97-7, Series of 1997. Councilor McIlveen seconded the
motion.
Mayor Fawcett called for a roll call vote.
The motion carried with Councilor Carnes opposed.
Ordinances:
First Reading of Ordinance No. 97-8, Series of 1997, AN ORDINANCE
REZONING LOT 46, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION
FROM RHD TO PUD AND ESTABLISHING A PUD DEVELOPMENT PLAN FOR
LAKESIDE TERRACE FOR 24 TIMESHARE UNITS AND 6 RESIDENTIAL
CONDOMINIUMS, TOWN OF AVON, EAGLE COUNTY, COLORADO
Town Planner Karen Griffith reviewed the ordinance. Planner
Griffith stated the application is to rezone Lot 46, Block 2,
Benchmark at Beaver Creek. The purpose of the application is to
rezone it from residential high density (RHD) to (PUD). The sole
purpose of this application is to allow the sale of timeshare
units. In November, 1996 the final design was approved, for this
property, for 30 residential units, one existing duplex, and then
basically 28 units in two buildings. What they are requesting is
to be able to do timeshare sales of 24 of the 30 units. So, six
units would remain as residential condominiums. There are no
changes to the design of the project, from what was approved in
November, 1996. The only code change is that the parking
requirements are different for time share - one per 600 square
feet as opposed to basically 2 spaces per unit. They do meet the
parking requirements for the timeshare. In fact, they exceed it
by 5 spaces and they meet the parking requirements for the
residential use. There were some concerns from the neighbors, at
the public hearing. Planner Griffith was informed, by the
neighbor, Beaver Creek West as well as the applicants, that they
are working together to try to put together an agreement to
address the concerns of the neighbors. Both, the applicant and
the neighbors, are present this evening. Planner Griffith noted
a motion was made to approve the project. That motion failed by
four against and three in favor. Thus, the P & Z did not
recommend approval of'this. A major issue was that Beaver Creek
West had originally requested delay so that they could hire a
traffic firm to do a study of parking and traffic impacts. Some
P & Z members did not wish to necessarily recommend the denial
but they were wanting to table the application to have more time
so that Beaver Creek West people could study the traffic and
staff could study it further. P & Z actually got -so for as
making.a motion to table the project but, staff informed P & Z
that they had already voted on the application, so they couldn't
table it after their initial vote.
Councilor Carnes asked about construction delays with regard to
the rezoning. Planner Griffith responded this does not affect
the building permit process. Planner Griffith understood that
they intend to proceed with the building even if this application
were to be denied. Councilor Carnes thought the issue could
still be tabled to allow Beaver Creek West to do their study.-.
Planner Griffith understood that Beaver Creek West is working
with the applicant and may feel more comfortable with this
application now. Planner Griffith reiterated that they could
proceed with the building permit and build residential
condominiums.
Mayor Fawcett stated they are now applying for a PUD and asked if
this is the first time that they have applied for a PUD. Planner
Griffith stated this particular ownership group and this
particular lot. There was an application, that Falcon Point was
working with the property owners, about a year ago. Planner
Griffith stated this is the first time this application for PUD
has been filed. Mayor Fawcett interjected, this being a planned
unit development, Council should consider all areas of the
application. Planner-Griffith confirmed and mentioned there was
a site plan that accompanies the Ordinance. The site plan is
part-of the approval. Mayor Fawcett stated this starts the whole
process over again, not.just time share. Planner Griffith stated
it does, however, because there weren't changes in the final
design"review, staff did not do a new analysis of the
landscaping, etc. Mayor Fawcett noted Council does not have a
recommendation, which is the normal process, where it goes
through P & Z, on a PUD basis. In fact, a PUD can skip P & Z
totally but, Council over a year ago requested it go through P &
Z for their recommendation. Mayor Fawcett informed Council does
not have any recommendation at all. Planner Griffith noted
technically what the recommendation Council has been given is a
denial. P & Z has reviewed it and because they voted on that one
action their recommendation is denial of the project.
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Mayor Fawcett questioned, in that case, how Council can rule on
it one way or the other unless Council has all the facts. For
due diligence, Council should be reviewing this from ground level
- from start to finish because this is a PUD and not a regular
zoning code. Planner Griffith stated staff did do an analysis of
this project and that discussion is in Council's memo that was
presented to P & Z. Planner Griffith felt staff did do a full
analysis of it from the ground up. Planner Griffith stated staff
did not go through the individual criteria as revisiting the
building design and the landscaping. Mayor Fawcett noted Council
knows nothing about the building design and landscaping, yet
Council is supposed to rule on it. Planner Griffith informed
that staff can provide that analysis for Council. Mayor Fawcett
noted they were approved under a zoning code, not under a PUD.
Mayor Fawcett would much rather have P & Z review all that, then
they send a recommendation to Council whether to pass or not.
Then Council can either overrule or agree. Right now, Council is
being asked to rule on something that Council doesn't know
anything about. Director of Community Development Mike Matzko
stated this is an odd duck, this application, because you have a
previously approved design yet, we are asking for a different use
so, technically it is a PUD. An option Council may want to
consider is to table this, let staff come back and supplement the
information Council has been given, and at a work session discuss
this further. The design has been approved by P & Z and by
virtue of the fact it was done under zoning. They would not
change their view of that. That was discussed at the P & Z
meeting. Mayor Fawcett noted Council might change that since
Council is now the one with the deciding factor.
Councilor Gilman asked for clarification - tabling would not
inhibit their ability to proceed with construction. Matzko
stated no, they have the ability to apply for and receive a
building permit under the Town's normal process now. Councilor
Carnes asked does tabling, in effect, send it back to P & Z.
Matzko stated only if Council remands it to P & Z. Town Manager
Efting thought Council could send it back for clarification.
Mr. Harvey Deutsch, attorney and one of the owners of the
property, reiterated they have an approved set of plans, design,
landscape, etc. They would not be building the development this
year - pulling a building permit - unless the timeshare is
approved. Their current financing and current arrangement with
the owner of Falcon Point does require the timeshare approval.
Mr. Deutsch noted the P & Z really had only one concern and that
was based on the objections raised by Beaver Creek West about how
will parking be handled during the marketing period and how will
they ensure that people park in their respective spaces after the
project is developed. Mr. Deutsch stated he has been in touch
with Beaver Creek West representatives and are working out an
arrangement addressing the parking issue. Because timing is so
critical, Mr. Deutsch asked Council to approve this ordinance on
first reading. In two weeks Mr. Duetsch will have, hopefully, an
agreement with the neighbors. During the interim, Mr. Duetsch
informed he would be happy to take that agreement back to P & Z
for their review and comment. Mayor Fawcett noted once a PUD is
initiated it starts the whole process over; Council can review
heights, etc., not just time share and parking. Mr. Deutsch
stated he is not proposing any changes. Mayor Fawcett understood
that however, for Council to do their due diligence, since now it
is a PUD, Mayor Fawcett requested P & Z's recommendation that
says they approve and to also see the site plan to see the
configuration and all of the things that normally would come
before Council on a PUD. Mr. Deutsch had no problem with that
and asked for a way without incurring delays. Mr. Deutsch
mentioned that it is unusual - he has never run into a situation
where the ownership requires a new approval.
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Matzko suggested, given that there are three weeks until the next
Council meeting, Council pass this on first reading. This, will
go back to P & Z next.week to get clarification for the Council.
Council will then have that information prior to the public
hearing and second reading of the Ordinance.
Councilor Benson asked if the only reason, that a PUD is being
proposed, is from residential high density to timeshare.
Councilor Benson understood the structure and everything else
will be the same. Councilor Benson noted the only concerns of
the time share are the parking and traffic flow. Matzko agreed.
Councilor Carnes asked about the deed restricted units. Matzko
stated that does not affect the use. Mr. Deutsch added that if
he can work out the timeshare arrangement with Council, he will
do the three affordable housing units. Mr. Deutsch thought that
to be a reasonable compromise.
Mayor Fawcett thought this to be a strange duck,. . . a PUD goes
to Council and they review the whole thing; not just one,tiny
portion of a project. Mayor Fawcett requested-the entire packet'
of,what-has been approved so that Council may review.
Mr. Joel Farkas, an owner and applicant, interjected that there
was only one subject / issue discussed at the-'P & Z meeting. The
issue was parking,,and how it relates to the construction and the
marketing phase of the timeshare units. The request, at that P &
Z meeting from Beaver-Creek West, was to do.a traffic study to
determine what the impacts of time share'versus-fbr sale/fee
simple ownership would be. Beaver Creek West was going to
initiate and pay for that study. Mr. Farkas did not think that
was appropriate because, Mr. Farkas stated his application
followed and exceeded current code requirements in the Town of
Avon. Mr.-Farkas reiterated that to do a traffic study by an
opposing party did not seem an appropriate fair way of judging
whether his parking was acceptable or not. Mr. Farkas noted he -
has been talking with Beaver Creek West to resolve that issue.
Mr. Farkas understood that a PUD reviews the entire design from
start to finish but, the same P & Z already approved the design.
The fact that they voted 4 to 3 to deny did not necessarily mean
everybody was against the project - some of the members wanted to
get a better idea of the parking requirements. Mayor Fawcett
wanted to get a better idea of the whole project,since it is
being presented as a PUD.
Mr. Deutsch requested Council allow him to have the public
hearing three weeks from today. Mr. Deutsch requested Council
allow him to work things out with his neighbors and with the Town
on affordable housing. Mr. Deutsch agreed to go back to P & Z
and get their comments and recommendations for Council.
Councilor Benson motioned to approve on first reading, Ordinance
No. 97-8, Series of 1997. Councilor Gilman seconded the motion.,
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Consent Agenda:
a.) Approval of the July 8, 1997 Council Meeting Minutes
b.) Approval of (Resolution No. 97-37 Attachment) the Agreement
for dedication and maintenance of Public Roadway for Chapel
Square Subdivision, A Resubdivision of Lot 22, Block 2,
Benchmark at Beaver Creek and Tract'B, Community Shopping
Center
c.) Approval of Contract with Spin Doctors for Summerfest
d.) Approval of Contract with Sherri Jackson for Summerfest
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e.) Resolution No. 97-42, Series of 1997, A RESOLUTION APPROVING
THE FINAL PLAT, SECOND SUPPLEMENT TO CONDOMINIUM MAP FOR
CANYON RUN (BUILDINGS D AND E), LOT 4, NOTTINGHAM STATION,
PUD AMENDMENT NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO
f.) Financial Matters
Councilor McIlveen motioned to approve the consent agenda.
Councilor Benson seconded the motion and the motion carried
unanimously.
There being no further business to come before Council,'Mayor
Fawcett called for a motion to adjourn. Councilor Benson moved
to adjourn. The motion was seconded by Councilor McIlveen. The
meeting was adjourned by Mayor Fawcett at 6:04 PM.
MiFECTFULLY SUBMITTED:
Patty Lamb t,
Town Clerk
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