TC Minutes 05-07-1985•
MINUTES OF A SPECIAL MEETING OF THE AVON TOWN COUNCIL
HELD MAY 7, 1985 - 5:00 P.M.
A Special 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
5:20 p.m. A roll call was taken with Clint Watkins, Steve Miller,
A.J. Wells, and Al Connell present. Mayor Allan Nottingham and
Councilmember Don Buick were absent. Also present were Town
Attorney John Dunn, Town Manager Bill James, Director of Engineer-
ing/Development Norm Wood, members of the Planning and Zoning
Commission, as well as members of the press and public.
The Mayor Pro Tem deferred second reading of Ordinance No. 85-9
until later in the meeting.
The Agreement concerning Special Review Use approval for Timeshare
use and Subdivision Agreement (Savoy Square) was presented to the
Council.
The Town Manager stated that this was a revised Agreement and had
been reviewed by the Town Attorney, Attorney Dennis Cole, and
Savoy Square, Inc.
Discussion followed.
The Council discussed the Subdivision Agreement with these changes
and corrections:
Page 1, second WHEREAS, second line, after the word "both" add
"retail", after the word "commercial" add "space"; Third line,
after the word "time-sharing", add "units", and delete the entire
second sentence.
Page 2, 1. Timeshare Subdivision, after the word "project",
delete "of the two hundred and thirteen (213) timeshare units
included in the Savoy Square project".
Councilman Connell had a concern regarding fireplaces for each of
the 213 units in Savoy Square. He felt that there should not be a
fireplace in every unit if they are fractionalized units. He felt
that whole units deserve fireplaces and, if whole units deserve
fireplaces, that would mean every third unit in Savoy Square
should have a fireplace, instead of every one.
Discussion followed on this issue.
Dennis Cole, Attorney for Savoy Square, stated that this could be
dealt with in one of two ways; by ordinance or through Special
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Review processes.
After discussion, Planning and Zoning Chairman Mike Blair proposed
that Council take their desired action, and then request the
Planning and Zoning Commission take the matter of the fireplaces
under consideration in the Design Review process.
Councilman Watkins suggested that Council limit the fireplaces in
the Subdivision Agreement to 71 for the project, this would then
take care of the Agreement. He stated that this would give time
to amend the ordinance and to study the issue further.
P & Z Commission member Davis felt that Council should not limit
the fireplaces at this time. He felt it was a Planning and Zoning
and Design Review process, and that there was not any data for
determining whether one fireplace per dwelling unit or one
fireplace per X amount of square feet was appropriate.
It was stated that this would be looked into further.
No action was taken.
On page 3, paragraph 4a, under Amenities, change to read, "The
following recreational facilities and services will be provided at
or though Savoy Square for the life of the project", delete "2
restaurants";
Page 3, paragraph 6, change the second sentence to read, "Any
management and service fees shall be assessed to the timeshare
unit owner along with the other normal and regular assessments
made to said owner";
Page 6, 4th line, after the word "other", add "similar";
Page 7, add a signature line for the secretary to the President of
Savoy Square.
A.J. Wells moved approval of the Subdivision Agreement, with the
changes discussed and outlined above. The motion was seconded by
Steve Miller, and was unanimously carried.
Council then recessed at 6:00 p.m., so that the Planning and
Zoning Commission could convene.
Council reconvened at 6:55 p.m. A roll call was taken with Mayor
Allan Nottingham, Councilman Don Buick, and Councilman Steve
Miller absent.
Second reading of Ordinance No. 85-9, Series of 1985, AN ORDINANCE
AMENDING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO SIZES OF UNITS TO BE PERMITTED BY FRACTIONALIZATION AND
TO DELETE THE DEFINITIONS OF "EFFICIENCY UNIT" AND "GROSS
RESIDENTIAL FLOOR AREA".
The Mayor Pro Tem opened the meeting for public hearing.
Chairman Mike Blair stated that the Planning and Zoning Commission
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recommended to Council that Ordinance No. 85-9 be approved, and
that consideration be given to Item D, which was regarding unit
size. He stated that there was a clear difference of opinion
within the Commission, with merit on both sides. The Commission
suggested the Council give consideration to (1) leaving the unit
sizes as proposed in the ordinance; (2) making the unit sizes
somewhat larger than what was proposed in the ordinance. Mr.
Blair stated that of particular concern to the Commission was the
unit size (450 sq. ft.) of the 1/4 fraction unit. The Commission
was also concerned with the quality of the size of the smaller
unit.
Lengthy discussion followed on the square footage sizes.
Page 1, second WHEREAS, change "12.22" to "17.22";
Page 2, paragraph D, add "maximum" to the unit size heading, and
insert the ranges of the square footage as follows:
0 through 450 square feet; 451 through 600 square feet; 601
through 800 square feet; 801 through 1200 square feet.
Paragraph F, change the wording around in the paragraph to read,
"The calculation of square-footage floor area shall include the
inside dimensions of the outside walls of a dwelling unit as shown
on the final as-built maps, including loft area, but excluding
space used for solar hear storage in an unfinished basement or
attic, and attached or independently sited garages. All general
common areas, which shall not include common elements within a
living unit, are excluded".
Pagagraph H, first line, change "to" to "for".
Councilman Watkins felt that the Planning and Zoning Commission
should study the fireplace issue further.
The Town Manager stated that Council should direct staff to
prepare a proposed ordinance, after review of the Vail ordinance
regarding fireplaces, so there would be a document that could be
used as a guideline.
Parking for fractionalization was also discussed.
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After discussion on the parking issue, Al Connell moved approval
of Ordinance No. 85-9, Series of 1985, on second reading, with the
appropriate changes discussed and outlined above. The motion was
seconded by A.J. Wells. Those Councilmembers voting "aye" were:
Clint Watkins, Al Connell, A.J. Wells, and Sheila Davis. There
were no "nay" votes. The motion was unanimously carried.
There being no further business to come before the Council, Al
Connell moved to adjourn. The motion was seconded by Clint
Watkins. The meeting was adjourned by Mayor Pro Tem Davis at 7:25
p.m.
Respectfully Submitted;
icia J. Dq(yle, Town gIerk
Approved:
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