TC Minutes 08-09-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 9, 2005
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes
and Tamra Underwood. Also present were Town Manager Lary Brooks, Town Attorney John
Dunn, Town Clerk Patty McKenny, Assistant Town Manager Jacquie Halburnt, Finance Director
Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works / Transit
Director Bob Reed, Community Development Director Tambi Katieb and Recreation Director
Meryl Jacobs, as well as members of the press and public.
Approval of Agenda
Mayor Wolfe noted that the Pedestrian Crosswalks Contract change order would be considered
later in the meeting. He also mentioned that Resolution "513" and Ordinance "6A" would be
heard in conjunction with each other.
Disclosure of Potential of Conflict of Interest
Town Attorney John Dunn asked if any member had any conflict of interest or exparte
conversation regarding Ordinance No. 05-09 or the appeal to Council of P&Z Commission
denial of final design plan of Lot 12, Benchmark at Beaver Creek; no comments were made in
answer to that question and the meeting proceeded.
Ordinances
Town Attorney John Dunn presented on second reading Ordinance No. 05-08, Series of 2005,
An Ordinance Amending Chapter 17.08, Municipal Code Of The Town Of Avon, Relating To
The Definition Of "Lodge" And "Dwelling" And Amending The Wildridge Planned Unit
Development. The topic of short-term rentals came before the Council by some Wildridge
residents whose complaints were made about a "commercial lodge" operating in their
neighborhood, location 5350 Ferret Lane. He noted that first reading on this ordinance was a
couple of weeks ago at which time the ordinance was referred by Council to the Planning &
Zoning Commission ("P&Z") for review. Enclosed in the packet was a recommendation from
P&Z that was approval of the ordinance with one change in that there would be no threshold in
the number of people that would trigger the use as a "lodge". The ordinance's language
currently includes the number "six" as the threshold. The ordinance would apply to the entire
Town of Avon, based on the zoning established for the different geographic locations in Avon. It
was noted that the Wildridge PUD prohibits hotels, lodges and similar uses. Some discussion
ensued about how Wildridge could amend its PUD & covenants to allow for short-term rentals; it
would possibly require both Council action, public hearings and Avon Wildridge residents'
action, possibly a vote. IN summary, Dunn noted that the definition for "lodge" is not clear and
this ordinance tries to address the ambiguous definition.
Mayor Wolfe opened the public hearing and the following people spoke:
➢ John Minervini, 302 Wildridge Road, Unit B, requested tabling the ordinance until further
information is researched
➢ Virginia Minervini, address as above, requested the idea of implementing permits for this
type of short-term rental use
➢ Per Huffeldt, 5350 Ferret Lane, requested tabling ordinance until further information is
researched
➢ Drew Dodd, Sunridge resident, spoke about occupancy and current stipulations of the
codebook
➢ Kathy Kunis, 5301 Ferret Lane resident, opposed short-term rentals of any kind in
Wildridge
➢ Marvin Freeze, Wildridge resident, opposed to short-term rentals in Wildridge
➢ Chris Evans, Wildridge resident & Planning & Zoning Commissioner, opposed to short-
term rentals in Wildridge, it is not currently allowed in Wildridge per the PUD
➢ Tim Savage, Wildridge resident & Planning & Zoning Commissioner, opposed to short-
term rentals in Wildridge, is not currently allowed
➢ Chuck Beming, 4015 Wildridge Road West, opposed to short-term rentals in Wildridge
➢ Craig McLeod, Wildridge resident on Old Trail Road, must understand the quantitative
information prior to making decisions
➢ Dale Fleming, Ferret Lane resident, opposed to short-term rentals, supports the passage
of the ordinance
➢ Courtney Fleisher, June Creek resident, supports allowing for short-term rentals,
➢ Hans Woodridge, resident on Wildridge Road, opposed to short-term rentals
➢ Phil Struve, Wildridge Road resident & P&Z Commissioner, opposed to short-term
rentals, enforce PUD regulations
➢ Lary Kelly, Denver attorney and speaking on behalf of Per Huffeldt, requested that the
process be slowed down
➢ Daniel Nelson, Wildridge resident, opposed short-term rentals
➢ Chris Green, June Creek resident & P&Z Commissioner, supports resolution
recommended by the P&Z Commission, opposed short-term rentals, are specific areas
in town which allows this type of short-term rental use
➢ Sherri Bunting, resident on Wildridge Road, opposed to short-term rentals
➢ Howard Leavitt, Draw Spur resident, opposed short-term rentals
➢ Jason Denhart, urged Council to adopt the recommendation made by its appointed P&Z
Commission
Town Attorney John Dunn explained that his position has been that the language of the PUD is
ambiguous and susceptible to two interpretations depending on the precise definition of "lodge",
either "not permitting" or as "permitting" lodge, depending on what is done with similar units.
Thus the current legislation before the Council is in hopes of creating a clear definition of the
word "lodge". A brief description of how the process has rolled out was provided as well, in light
of Council's consideration of both a Council sponsored ordinance and a P&Z approved
resolution that does not include a threshold number.
Mayor Wolfe closed the public hearing. Some Council discussion ensued on the topic of
implementing a special permitting process to allow such rentals; it was suggested that further
research be done before creating a permitting process. It was noted that enforcement of either
draft of the legislation (including "six paying guests" or not) was recommended.
Councilor Buckley moved to approve on second reading Ordinance No. 05-08, Series of 2005,
An Ordinance Amending Chapter 17.08, Municipal Code Of The Town Of Avon, Relating To
The Definition Of "Lodge" And "Dwelling" And Amending The Wildridge Planned Unit
Development, without the number "6" describing paying guests, and based on the fact that she
believes the original writers of the PUD wanted it to be a residential area without short-term
rentals. Councilor Phillips seconded the motion and it passed unanimously. Both council
members agreed that maybe a "special permitting process" should be reviewed later on.
Councilor Sipes made further comments about the definition of lodge being unclear, the
question is what occupancy number is it at when a home moves to a "lodge", balancing the
Regular Council Meeting Page 2 of 5
August 9, 2005
community aspects with the resort is the challenge especially as Avon grows. Town Attorney
John Dunn confirmed that the motion included adopting the ordinance with the revision of the
ordinance to remove the number "6 paying guests" in the third whereas and section 2. The
motion passed unanimously with a roll call vote.
Eric Heidemann, Senior Planner presented Ordinance No. 05-09, Series Of 2005, Second
Reading of an Ordinance approving an Amendment to the Wildridge Planned Unit Development
(PUD) for Lot 44, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado.
Heidemann summarized the project, noting that it was a down zoning and that it was supported
by Planning & Zoning but not supported by staff because the proposal does not support the
"attainable housing" guidelines of the town. No other submittals have been received from the
applicant and the Town has received no other public comments.
Town Engineer Norm Wood presented Resolution No. 05-31, Series of 2005, Resolution
approving Preliminary Subdivision Plan for Dry Creek PUD, a Resubdivision of Lot 44, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado. He noted that with a review -of this
application for a subdivision variance and preliminary subdivision plan, it has been found to be
in conformance with Avon's Municipal Code, Subdivision Regulations, with some further
requirements named outlined as conditions in the resolution. It was noted that final action on
this plan should correspond with final action on the proposed PUD (Ordinance No. 05-09).
George Ruther, representing the applicant Blue Bird Meadows, LLC, presented the application
once again for second reading. He mentioned that their process has taken into account some
of the following:
A seven-month process that has a great deal of neighborhood involvement
A process that has taken into account Avon's comprehensive plan
■ A process that has complied with zoning
He noted that nothing was revised regarding the landscaping buffer to the easement for the
driveway, which would likely be done with the covenants.
Mayor Wolfe opened the public hearing. No comments were heard and the hearing was closed.
Councilor Sipes noted that no additional information was presented between first and second
reading and for the record, the matching of distance between the structures was the same for
either the multi-family housing or the single-family housing. Councilor Sipes moved to approve
Ordinance No. 05-09, Series Of 2005, Second Reading of An Ordinance approving an
Amendment to the Wildridge Planned Unit Development (PUD) for Lot 44, Block 2, Wildridge
Subdivision, Town of Avon; Eagle County, Colorado. Councilor McDevitt seconded the motion
and it passed with a five to one vote (Ferraro nay).
It was noted that the covenants would be part of the final plat, submitted prior to issuance of a
building permit, and would receive council's review & approval; the landscaping concern would
likely be addressed at that time. Councilor McDevitt moved to approve Resolution No. 05-31,
Series of 2005, Resolution approving Preliminary Subdivision Plan for Dry Creek PUD, a
Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. Councilor
Buckley seconded the motion and it passed unanimously.
Resolutions
Community Development Director Tambi Katieb presented Resolution No. 05-32, Series of
2005, Resolution designating the Town Center West Payment In Lieu Parking District and
requiring that retail, commercial and limited office components of development proposals
participate in this program when seeking relief from the off-street parking requirements of the
Avon Municipal Code. Issues not addressed at this time included actual construction cost of the
Regular Council Meeting Page 3 of 5
August 9, 2005
Town Center West parking structure and potential revision to the fee structure. Community
Development subcommittee met recently and reviewed the material and recommended that the
1999-14 resolution be repealed in its entirety. Katieb reviewed the background of the program,
noting that the intent is clear, but the resolution was not utilized by previous administrations.
Historical developments have negotiated parking standards through the development process,
including the confluence & Sheraton Mountain Vista. With the adoption of the Town Center
implementation plan, he noted that it was time for the Town to update the program in order to
better deal with public and private parking in the core area of Town. He also spoke about
geographic areas suggested for exempt designation, rather than the "blanket" exemption
provided zone districts in the 1999 program. The proposed resolution applies to all
developments in Avon, provides for off-site parking structure and not a reduction in the minimum
parking spaces/standards. Some discussion ensued regarding the geographic boundaries of
the proposed district or creating multiple districts as well as taking into account some
redevelopment of W. Beaver Creek Blvd near the post office, Denny's. There was council
consensus to include in this particular district the library, the recreation center & the municipal
building, but not the confluence parcel nor W. Beaver Creek Blvd at this time. Katieb noted that
revisions could always been made in the future especially once costs are calculated, etc.
Councilor Sipes moved to approve Resolution No. 05-32, Series of 2005, Resolution
designating the Town Center West Payment In Lieu Parking District and requiring that retail,
commercial and limited office components of development proposals participate in this program
when seeking relief from the off-street parking requirements of the Avon Municipal Code.
Councilor Phillips seconded the motion and it passed unanimously with a roll call vote.
New Business
Eric Heidemann, Senior Planner, presented the Appeal to Town Council of Planning & Zoning
Commission denial of Final Design Plan - Lot 12, Block 2, Benchmark at Beaver Creek. He
presented a summary of the decisions made in reference to this application. The project
consists of two building footprints (one 10-unit building, and one tri-plex building) with a
proposed building height of approximately 60' and maximum lot coverage of 41 The property
is located immediately north of Nottingham Lake on the last remaining undeveloped lot along
this residential area. The project was denied by the Planning & Zoning Commission; concerns
were expressed by both the Commissioner & staff which were related to the following reasons:
✓ Project designed to its maximum height limit resulting in too tall of buildings
✓ Project designed to its maximum setbacks in all areas resulting in disproportionate
building massing relative to the site and surrounding properties
✓ Allowing this size project would create the potential for setting a precedent for future
developments along Nottingham Park.
It was noted that public input has been received on the application and numerous letters from
individuals homeowner's association (Alpenflora Condominium Association, Buck Creek
Condominium Association) were included in the packet.
Daniel Ritsch, property owner, and Scott Nevins, Davis Architects presented the application to
the Council. He noted that no variances were requested and the proposal is within its allowable
building guidelines. The zoning allows for high density residential and the project meets those
criteria. Public comments were taken from Jason Denhart, resident & neighbor of the project,
and Chris Evans, resident & P&Z Commissioner. Both expressed their concerns with the
project that were consistent with those of staff & the P&Z Commission. Council comments were
not supportive of the application either based on the fact that the project does meet zoning,
however, it does not meet Avon's Comprehensive Plan policies and Design Review Guidelines,
i.e. dominance that the project exhibits in respect to its neighbors and apparent lack of green
space or open space surrounding the project for use by the occupants. Terrell Knight
Regular Council Meeting Page 4 of 5
August 9, 2005
introduced himself as having been recently contracted by the developer to review the
application throughout the appeal process and thereafter. He hoped Council would provide
some feedback about the project; comments made included nice design, too large and too
dissimilar to other buildings in the area. It was noted that the zoning was assigned due to
transfer of development rights, and the label of "high density" was used only because that was
the only definition that existed at that time to use for identification of the area.
Councilor Sipes moved to uphold the Planning & Zoning Commission's decision to deny the
final design application for Lot 12, Block 2, Benchmark at Beaver Creek with the findings
discussed. Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a
roll call vote.
Unfinished Business
Staff was asked to research "parking" ramifications along Beaver Creek Point, an area which is
very popular with dog owners in walking their dogs. Local resident had received a parking ticket
in that area, and made a request to see if the Town would change that restriction. Some of the
land is owned by the forest service.
Town Engineer Norm Wood indicated that staff was continuing to research the pedestrian
crossing lights since finding out that visibility of the lights can be difficult during the daylight
hours.
Council discussed whether or not to conduct a meeting in Wildridge at the Fire Station, what has
been done typically in past years. There was not consensus to do this in light of recent
Wildridge topics that have already been addressed.
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to
adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously.
a. Minutes from July 26, 2005 Regular Council Meeting
b. Renewal of Hotel and Restaurant liquor license for China Garden, 100 Beaver Creek Blvd
c. Avon Road Parking Lot, Street Improvements Change Order No. 8
There being no further business to come before the Council, the meeting adjourned at 8:30 PM.
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwooc
Ron Wolfe
Regular Council Meeting
August 9, 2005
Page 5 of 5