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TC Minutes 01-08-1985MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JANUARY 8, 1985 - 7:30 P.M. The 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 Pro-Tem Sheila Davis at 7:34 p.m. A roll call was taken with Clint Watkins, Steve Miller, Al Connell, and Don Buick present. Mayor Allan Nottingham was absent. Councilman A.J. Wells arrived at 7:55 p.m. Also present were Town Attorneys John Dunn and Art Abplanalp, Town Manager Bill James, Director of Public Works Norm Wood, Chief of Police Joe Olson, as well as members of the press and public. The Mayor Pro-Tem called for Citizen Input. There being no one wishing to be heard, the Mayor Pro-Tem closed the discussion. First reading of Ordinance No. 84-13, Series of 1984. AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. There were two alternatives in regard to this ordinance. Art Abplanalp stated that alternative #1 was basically the direction in which Council requested the attorney take at the last meeting. Alternative #2 was an approach the Town Manager had suggested. He stated that alternative #2 does not deal with kitchens, and has an additional cap, of 1500 square feet per undivided residential right, which is different from alternative #1. He stated that the other difference in alternative #2 was the 4/10 of a Development Right instead of 1/3. The Town Manager stated the staff felt that the formula that was developed, which was contained in the memorandum to Council (see attached), did not address whether accommodation suites could have 1 or 2 bedrooms. He stated that a limitation of 600 square feet, when converted, would be equal to 2-1/2 units per Development Right and a total maximum of 1500 square feet per Residential Development Right. He stated this would cover a lot of the developers' concerns in regard to the unit size. Mr. James stat- • 0 ed that another item they did change in both alternative ordinances was regarding ownership. He stated that the new ordinance did not address ownerhsip. He stated they deleted an item on page 3 that read, "It shall be unlawful for any person to enter into any agreement by which a unit identified by plat or other designation to the Town of Avon by the owner or developer as an accommodation unit or accommodation suite under Chapter 17.22 of this Code shall be placed under a lease of thirty days or more, or to occupy any such accommodation unit or accommodation suite for a period of thirty days or more out of any sixty days". Mr. James stated that Pat Montgomery had a number of concerns regarding proposed projects in Town. Mr. Montgomery had a proposal relating to 1/3 of a fraction. He proposed specifying a specific use, which would be RHDC, TC, SPA, limiting the square footage to a maximum of 600 square feet, and retaining the 1800 square foot gross residential floor area contained in the current ordinance. Mr. Pat Montgomery, with Ski and Shore Realty, approached the Council. He stated that he has been working with Town staff in trying to develop an accommodation suite that would fit in with the Zoning Laws and the economic considerations that Avon has. Mr. Montgomery felt that the Town should do all it can to encourage the right kind of development in the Town's center. This would mean getting developers in here to build something the public would like and would spend time in Avon to visit. He stated that the 2 to 1, or 2-1/2 to 1 ratio that was being proposed would not do the job from an economic standpoint. The Council, attorneys, staff, and members of the public discussed this ordinance at length. Larry Kumpost, member of the Planning and Zoning Commission, had a concern with the "time-share project" wording. He stated that he would prefer to see "time-share project" expressed as "time-share hotel"; deleting the words "Time-share project" from the paragraph and inserting the wording into another section in the ordinance. After discussion, A.J. Wells moved approval of Ordinance No. 84-13, alternative #2, Series of 1984, on first reading with the following corrections and notations: Page 1, under the 1st WHEREAS, second line, change "provions" to "'provisions". Page 1, bottom of the page, the codes should be dropped; the underlining, asterisks, and bracketing in section 1-f should be dropped. Page 2, 1st paragraph, 7th line, delete one of the words "such"; 1st paragraph, last line, after the word "exceed", add "an average of" changing the last line to read, "process shall not exceed an average of 600 square feet". -2- • • Section 3, 17.08.025, 2nd line, after the word "rooms", add "not more than one bedroom, one bathroom, and one kitchen", delete everything in the brackets. Section 4, 17.08.030, the bracketed material should be deleted. Section 5, change "17.08.040" to "17.08.340". Section 6, 17.22.030, the underlining should be deleted, the word "solely" should be deleted, the 6th line through the 10th line should be deleted. Page 3, the top paragraph should be deleted up to Section 7. Don Buick seconded the motion. Discussion followed. Councilman Watkins felt that the time-share wordage should be deleted. Mr. Buick stated that the discussion could be brought up at the Council's January 22nd meeting Work Session. Mr. Watkins stated that he would approve the ordinance on first reading but, unless Council received the study of the concerns of the staff and the attorney, he would not agree to pass the ordinance on second reading. A roll call was taken with Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick voting "aye". There were no "nay" votes. The motion was unanimously carried. Resolution No. 85-1, Series of 1985, A RESOLUTION APPROVING PRELIMINARY PLAT FOR CUNNINGHAM SUBDIVISION, A REPLAT AND RESUBDIVISON OF TRACTS Q AND R, BLOCK 2, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND FINAL SUBDIVISION PLAT - AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK. A.J. Wells noted that he might possibly have a conflict of interest in regard to this item. If the conflict should arise, he would then step down. The Mayor Pro-Tem proceeded. Norm Wood presented Council with a preliminary site plan that was presented to the Planning and Zoning Commission at their last meeting. The plan indicated that the parking requirements for the existing building would be met. There are 122 parking spaces. They have met the two required loading spaces and the open space/building ratio requirement. He stated that the plan does meet the zoning requirements for that particular site. The Planning and Zoning Commission felt that some improvements have been made in the access to the site regarding the northwesterly corner of the existing building. The southerly end of the property could be worked to where it would provide reasonable access to both the existing lot and the southerly part of the lot. He stated that the Planning and Zoning Commission has recommended -3- • • the preliminary plat for this subdivision be approved, subject to certain conditions being met prior to approval of the final plat. The conditions included, 1) a Subdividers Agreement that addresses construction of parking lot modifications as required for the existing development, including drainage control facilities for the southerly parking lot; 2) provisions for possible future acquisition of access easement, by the Town of Avon, for a street right-of-way. Councilman Wells asked what the cost to the Town would be. Mr. Wood stated that the cost was something that could not be determined at this time. Basically, this was reserving the space for future access. The third condition was the submittal, to the Town of Avon, of a letter or other evidence from Avon Metro District agreeing to the relocation of and modifications to Metcalf Ditch, as necessary to complete the required parking lot improvements. Mr. Wood stated that this approval would allow for negotiation for sale of the lot and would give time for submission of all plans before final approval. Mr. Wood stated that a preliminary plat approval would allow two years for finalization of the final plat. It would also allow an extension to be requested ninety days prior to expiration of the two year period. Councilman Wells was concerned about the land being set aside for future access. Could the Town be taken to Court and forced to pay the due monies right away? The Town Attorney felt this was something that would have to be resolved in the Agreement negotiations. He stated the Town was not insisting on anything or taking anything at this point. Councilman Wells asked if the applicant would be willing to give the Town a letter stating that provisions for future access easement acquisition at this time would not in any way obligate the Town to acquire the land. Mr. Cunningham stated that if the Town takes the land, the Town would have to provide equal parking for him. Discussion followed. Clint Watkins moved approval of Resolution No. 85-1, Series of 1985. The motion was seconded by Al Connell and was unanimously carried. Resolution No. 84-52, Series of 1984, A RESOLUTION GRANTING A SPECIAL REVIEW USE FOR LARGE LOT PARKING REDUCTION OF 12 SPACES AT BENCHMARK SHOPPING CENTER. This resolution was continued from the December 11th Council meeting. Mr. Cunningham, owner of the Benchmark Shopping Center, approached -4- • i the Council. He stated that, faced with losing a strip of land that runs two hundred plus feet long and fifty feet wide, they wanted to look at some alternatives in regard to the matter. Referencing the study that Norm Wood had done, he stated it appeared that approval of a large lot reduction on Tract Q would be to the Town's benefit as well as his. He stated that if the Town should ever have to take that piece of property that would be set aside, the Town would then have to provide him with the flexibility to deal with the lesser number of parking spaces. He stated that he has looked at the possibility of putting a metal roof on the existing building, expanding the area over the Hole in the Wall Restaurant, and enclosing the balconies. Discussion followed. The Council was concerned with the reduction of parking spaces on Tract Q. Mr. Wood stated that it would be a reduction of the parking requirements, not the parking spaces. He stated that, with the particular use this building has, it requires a certain number of spaces for its use. He stated it has 122 spaces, which is an excess of 8 spaces. If the parking requirements are reduced by 12 spaces, there then is an excess of 20 spaces. With requirements of 1 space for every 400 square feet, there would be another 8000 square feet of building that they could develop and still meet the parking requirements. The building is approximately 24,600 square feet (first floor). Mr. Cunningham stated that, if he enclosed the balconies and added over the restaurant, they would have an additional 8000 square feet, which would be the maximum. Larry Goad, with the Benchmark Plaza Building, was concerned about whether or not there would be enough physical spaces to accommodate the existing building as is, without overflowing onto adjacent lots. If the balconies were in fact enclosed and another floor and a half added over the restaurant, Mr. Goad wondered if the reduction would just compound the problem further. He stated that the additions would bring more people into the building. Mr. Goad stated that the Benchmark Plaza has this problem at the present time with the Tract Q building. Councilman Buick asked if the problem was really shortage of space, or merely convenience. Mr. Cunningham stated that they were not requesting the reduction arbitrarily, but were doing it because restraints have been imposed upon them to convenience the Town. Providing access to some back lots that they may or may not have would, in fact, limit his ability to develop his property to the fullest in the long run. -5- • i After some discussion, it was agreed that the resolution should contain the location of the parking reduction by adding, "located on Tract Q, north,. Councilman Buick requested that the current resolution be tabled, and that this discussion be incorporated into a new resolution which would be brought back before the Council. Mr. Buick stated a new resolution has to be drafted that states the 10% reduction but does not become effective until the Subdividers Agreement is in place and its terms are satisfactory to the Council and Mr. Cunningham. Councilman Wells suggested entering into the Agreement at this time, that way Mr. Cunningham could sign with the Town. The Town Manager agreed to get these concerns in writing, so they could be attached to the resolution. Mr. Wells stated that the resolution should be passed with the Agreement attached as an Exhibit. Don Buick moved to table Resolution No.~84-52, and to direct the Town Attorney to discuss the concerns with Mr. Cunningham and provide more documentation for Council to review. The motion was seconded by Steve Miller. Discussion followed. Clint Watkins stated that some problems were the calculations on parking, the assumed seating areas, and how those problems were set out. He also suggested clarification of the 10% reduction - is it 10% of what is there, or 10% of what is required? The motion was unanimously carried. The Council recessed at 10:00 p.m. and reconvened at 10:15 p.m. Resolution No. 84-51, Series of 1984, A RESOLUTION REGARDING SERVICES AND FEES OF THE TOWN ATTORNEY. John Dunn requested that the resolution be tabled once again until he could provide more concrete information to the Council. Don Buick moved to table Resolution No. 84-51, Series of 1984, unitl the next regular meeting. The motion was seconded by Steve Miller and was unanimously carried. A report on the Employee Retirement Plan was next presented to the Council. Mr. James stated that he had looked at a number of plans and, after going through them all, he had decided that ICMA Retirement Plan was the best one. -6- • • Dave Parker, Service Representative of ICMA, approached the Council. He discussed and reviewed the history of the system. He discussed the premiums, low cost, and the retirement type system. Mr. Parker stated that the plan proposed would cost the company 3/4 of to to administer, and currently provided a guarantee of 12% returns. The investment is at 12-3/4%. He discussed and reviewed the S-457, a Deferred Compensation Plan. Clint Watkins asked if the employees had to contribute to the plan or if it was voluntary. Mr. Parker stated that would be a Council decision. After discussion, the Town Manager stated that all of this information would be presented to the employees for their response. The plan would then be presented back to the Council at the next meeting for discussion of the structure of the plan, how it would be funded, and the vesting period involved. No action was taken. The Town Manager reported on the Long Term Disability (LTD). He stated that he should have information before Council at the next meeting. He stated it looked like it would be below 1% of the total salary cost that was budgeted, and it falls exactly along the same guidelines as Social Security benefits-i.e. a five month waiting period, it's 2/3rds of the salary, and is basically for both on- and off-the-job injury. The police officers would also be covered. Mr. James reported on Tract P. He stated that Clint Watkins and he met with Duane Davis and reviewed some items for Tract P. A meeting has been scheduled for 10:00 a.m. on Thursday, January 10, 1985, to review some of the plan documents. Council is invited to the meeting. A meeting has also been scheduled, with Duane Davis, the Architect, and the Engineer, for 11:00 a.m. at the office of Duane Davis. He stated that the Water Authority was willing to put in an additional amount for the foundation work, in addition to the $50,000. No action was taken. Don Buick moved to confirm approval of the purchase of the Zamboni that was bought from the Town of Aspen for the amount of $3,750. The motion was seconded by Al Connell and was unanimously carried. -7- • • The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #8. The motion was seconded by Don Buick. Discussion followed. The Council requested that staff check into the Transit billing. Council was concerned about the price of diesel fuel. It was requested that the price be checker: into. The Council discussed Jim Lamont's bill. After discussion, the motion to receive items #1 through #8 was unanimously carried. Clint Watkins moved approval of the General Fund Accounts Payable of December, 1984. The motion was seconded by Don Buick and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable of January 8, 1985. The motion was seconded by Clint Watkins and was unanimously carried. Clint Watkins moved approval of the Transit Fund and the Mall Construction Fund Accounts Payable of January 8, 1985. The motion was seconded by Don Buick and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable for January 8, 1985. The motion was seconded by Al Connell and was unanimously carried. The minutes of the December 11, 1984, Council meeting were next presented to the Council. Al Connell moved approval of the December 11th Council meeting minutes. The motion was seconded by Don Buick and was unanimously carried. Steve Miller moved approval of the December 20, 1984, Special Council meeting minutes. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of the minutes of the continued Special Council meeting of December 20, 1984, held December 21, 1984. The motion was seconded by Al Connell and was unanimously carried. -8- 0 0 Don Buick moved approval of the December 29, 1984, Special Council meeting minutes. The motion was seconded by Al Connell and was unanimously carried. It was requested that an update of the weed mowing operations and fees be presented at the next Council meeting. There being no further business to come before the Council, A.J. Wells moved to adjourn. The motion was seconded by Don Buick. The meeting was adjourned by the Mayor Pro-Tem at 11:29 p.m. Re ectfully Submitted: Patricia J. Do Ve, Town erk Approved: -9- L~ 0 TO: The Honorable Mayor and Town Council FROM: William D. James, Town Manaaer DATE: January 4, 1985 SUBJECT: Hotel Suites/Fractionalization Ordinance I have met with Pat Montgomery a couple of times since the first Council Meeting in December. You will recall that the last Council action on this matter was to table the Fractionalization Ordinance Amendment. Pat Montgomery still feels that this issue needs to be resolved not only for his project, but for other future projects. After review of this matter again, the staff has an option for Council to consider. Also, Pat has presented his preferred option which are outlined below. Rather than create two new ordinances, an outline of the sections that would need to be amended in the last ordinance are attached. If Council prefers either option, the action would. be to amend the ordinance according to either option. Staff Recommendation: Option 1. You will recall some time_acro, we prepared a formula to justify the Fractionalization of a Developr:ent Right. V'e have revised our formula, which is outlined below, the hotel suite is equal to .40 Development Rights rather than the .33 we have talked about in the past. This equals a conversion ratio of 2.5 units per Deveionment Rir;ht rather than. 3 to 1 ratio for Pat's project, this would ir.ean only' 177 units rather than 210 units for the Savoy Square Project. Other problems we have encountered revolved around kitchens and ownership. To settle these areas, I would recommend that the square feet be limited tc a r,.aximum. of 600 square feet per unit and thus altering the total maximum aross residential floor area from. 1800 square feet to 1500 square feet. The section on limiting use to a hotel or time share operation has been left in. The ownership restriction has been dropped. With the above restrictions, I see no need to be concerned. with ownership as long_ as we have defined the use. 0 0 Mayor and Town Council Hotel Suites/ Fractionalization Ordinance page 2 It is important to note that the classification Accommodation Suite. We are not addressing one The developer has 600 square feet to work with. to design a one or two bedroom(if it will fit), or kitchenette, or an efficencv_ unit. Whatever is, the Town should not have a particular conce the unit is 600 square feet or 1500 square feet residential floor area. is a hotel/ bedroom units. It is his option full kitchen the floor plan rn as long as total gross Formula for Fractionalization of a Development Riqht Unit Size 3 Bedroom 2 Bedroom 1 Bedroom Efficencv Hotel Hotel Suite 6.0 4.5 3.0 2.0 1.5 2.4 1 .75(3/4) .50 (1/2) . 33 (1/3) .25 (1/fit) .40 (2/5) The hotel room fraction was arrived at by the following: 1) Average near round occupancy equals 2.5 persons per hotel room 2) The hotels in C olorado and nationally, average an nual occupancy is 60° 3) Occunanc',7 rate per room, full tir.,e equivalent= 2.5 x 60% or 1.5 4) 2.5 x 60% = 1.5 t 6 average maximum. occupancy= .25 or 1/4 DR Hotel Suite 1) Town of Avon assumed average occupancy year round equal 4 per room 2) The hotel industry in Colorado averaa_es 60% occupancy rate per room. 3) Full time equivalent - x .6 or 2.4 4) 4 x .6 = 2.4 ~ 6 average maximurn. occupancy = .40 DR or 2/5 The maximurn occupancy for a hotel room with two queen size beds equals 4- 2.5 4 =02.5% The maximum occupancy for a hotel suite with two queen size beds and fold out couch equal 6 4 - 6 = 660 Average Maximum Occupancy This reflects a close relationship of average maximum occupancy for a hotel and a hotel suite. 0 0 Hotel Suites/Fractionalization Ordinance Page 3 Option 2. This option has been proposed by Fat Montgomery. 1/3 fraction. One divided room.- (could be a bedroom cr a kitchen) Specific use area - PHDC, TC, and SPA 600 square feet maximum 1800 sauare feet total cross residential floor area. This option and the staff recommendation will be reviewed in more death at the meeting.