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TC Minutes 03-24-1992t 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 24, 1992 - 7:30 P.M. The regular meeting of the Avon 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 Jerry Davis at 7:38p.m. A roll call was taken with Councilors Charlie Gersbach, John Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert Reynolds present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore, Public Relations Officer Teresa Albertson, Superintendent of Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as well as members of the press and public. First item under Citizen Input was Ms. Kate Collins, of the Avon/Beaver Creek Resort Association (ABCRA). Ms. Collins informed that with the vacancy of the Executive Director position, the Board decided to reorganize the Association. With that reorganization in mind, Mr. Don Orrell is now the Special Events Coordinator and Ms. Collins filled the newly created position of Business Services Director. Ms. Collins mentioned public relations and chamber functions are the foremost duties of the Business Services Director. Ms. Collins suggested quarterly presentations to Council. Ms. Collins will represent Avon and Beaver Creek at the Colorado Tourism Board events. The After-Hour-Mixers will again be offered. First Reading of Ordinance No. 92-4, Series of 1992, AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE TOWN OF AVON, COLORADO, of LOCAL ASSESSMENT BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $[PAR], FOR LOCAL IMPROVEMENT DISTRICT NO. 1992-1; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON; AND THE INTEREST THEREON; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. Mr. Bill James informed the $[PAR] is approximately $900,000 and the final figure will be available for next meeting - second reading. This Ordinance will allow the Town to issue bonds to help pay for the road and landscaping improvements. This will put the financing in place necessary to finalize this project. The Town of Avon is coming up with $733,060, plus the amount from the Railroad Crossing of 165,000, plus this amount will provide sufficient funds for the project. Mr. James added that this first reading does contain alot of blanks and the reason is that Bond Counsel waits until the last minute to allow best market interest rate effecting the $[PAR] amount. Second reading and public hearing is set for April 14, 1992. Mayor Davis called for a motion. 0 • Councilor Reynolds motioned approval of Ordinance No. 92-4, Series of 1992 on first reading. Councilor Nottingham seconded the motion. Mayor Davis opened the meeting for further discussion. With no further discussion, Mayor Davis entertained a roll call. Those Councilors voting aye were Hines, Hazard, Nottingham, and Reynolds., Those Councilors voting nay were Gersbach and Pysher. Motion carried. First Reading, Ordinance No. 92-3, Series of 1992, AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE TOWN'OF AVON, RELATING TO LIMITATION OF CONSTRUCTION ACTIVITY. Mr. Rick Pylman informed several months ago the Town of Avon received a,pair of complaints from citizens regarding the impacts of construction activity. Mr. Pylman reminded Council directed Staff to research and compose an Ordinance to address those - complaints. Mr. Pylman stated four issues were brought to the attention of Council via those complaints; noise, dust, parking, and.litter. The last three issues mentioned are addressed with existing regulations in the Town and can be enforced. The construction noise complaint is the focus of this Ordinance. Ordinance No. 92-3 is basically limiting noise at the property lines of the lot or parcel from 7 A.M. to '7 P.M. on Saturdays and 9 A.M. to 6 P.M. on Sunday and "national holidays.. Monday thru Friday there are no limitations, except national holidays. Noise. audible at property lines was specified as this will be easily enforceable.' Mr. Pylman added that a copy of this Ordinance will be given with each building permit issued. Emergency work, such as utility repair, is exempt from these limitations. Councilor Hazard suggested during the week - from dawn to dusk start working indoor until 7 A'.M. or work outdoors with no noise no heavy equipment. Councilor Hazard suggested restricting Sunday to be off. Council Hazard mentioned radio blasting and dogs running loose should be controlled. Mayor Davis called for a motion. Councilor Hines motioned adoption of Ordinance No. 92-3,-Series' of 1992. Councilor Pysher seconded the motion. Mayor Davis entertained a roll call. Those Councilors voting aye were Pysher,-Hines, Gersbach, Nottingham, and Reynolds. Motioned carried with Councilor Hazard opposing. Resolution No. 92-12,.Series of 1992, A RESOLUTION APPROVING THE FINAL'PLAT OF DID_IER-MORRISON DUPLEX, A RESUBDIVISION OF LOT 5, BLOCK 1, FILING 1, EAGLEBEND SUBDIVISION, TOWN OF,AVON;.EAGLE COUNTY, COLORADO. -2- Mr. Rick Pylman informed this is final resubdivision of Lot 5, Block 1, Filing Subdivision. Mayor Davis questioned if such as by fire - what stipulations are Mr. Pylman noted rebuilding would be ro to what was lost. plat for a duplex 1 of Eaglebend one unit was destroyed necessary for rebuilding. aquired in a like manner as Councilor Nottingham motioned approval of Resolution No. 92-12, Series of 1992. Councilor Reynolds seconded the motion and the motion carried unanimously. Resolution No. 92-13, Series of 1991, A RESOLUTION AUTHORIZING ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS FOR AN IMPROVEMENT PROJECT OF THE TOWN OF AVON. Town Attorney John Dunn stated the Town is in the process of negotiations with property owners to acquire rights-of-way and temporary easements necessary to complete the project which is part of Local Improvement District. Attorney Dunn added that the Town will be receiving appraisals of property values. Once the appraisals are received, offers will be made to the property owners. The property owners will then have approximately ten days to respond to those offers. If the response is not receptive, the Town will need to proceed with condemnation petitions. In order to file those petitions, it is necessary the Council take action to authorize the filing of them, thus the reason for this Resolution. Councilor Reynolds questioned number of properties involved. Attorney Dunn responded six; specifically one right-of-way and five easements. Attorney Dunn added the difference between right-of-way and easement is the Town actually acquires title to the land with regards to a right-of-way. An easement is acquiring the right to use the land. Councilor Hines questioned what six pieces. Town Engineer Norm Wood responded the six pieces are First Bank, Ken Shapiro's Lot B, Avon Center Lot A, Don Chaplin representing Lot 55, Benchmark Building lot(s), and Christie Lodge lot(s). Mr. Wood detailed properties with assistance of a map. Councilor Reynolds moved approval of Resolution No. 92-13, series of 1992. Councillor Pysher seconded the motion and the motion carried unanimously. Resolution No. 92-14, Series of 1991, A RESOLUTION TO AMEND THE 1992 TOWN OF AVON BUDGET. Mr. Bill James stated this Resolution will update the Public Works Fund and the Town Center Special Assessment District. The major changes are the Recreation Complex from $3,500,000 to $100,000; Public Works Facility from 0 to $750,000; and the Town Center Special Assessment District from 0 to $1,542,644. Councilor Pysher motioned approval of Resolution. No. 92-14, Series of 1992. Councilor Hazard seconded the motion and the motion carried unanimously. -3- Next was Mayor's Report. Mayor Davis requested Town-Clerk to schedule, Town Council group picture-. Mayor Davis questioned new audio system in Court Room. Mr. James responded Staff is working on this item. Mayor Davis requested Council to review Planning and Zoning Commission's decision regarding the denial of the Shamrock gasoline station.: Mayor Davis requested this item be placed on the next council agenda; April 14, 1992. Mayor Davis mentioned the CML Workshops for Elected Officials to be held May 9th in Grand Junction and May 16th in Denver. Any Councilors interested in attending may see the Town Clerk. Mayor Davis stated that the 1994 CAST Legislative Tour and Ski Country USA-may be held in Avon/Beaver Creek with the support of the Council and Mr. 'Andy Daly of Beaver Creek. Mayor Davis informed. that the cost-and activity to, the' Town is minimal.- Mayor Davis requested Councils' support to pursue. Council agreed to pursue. Mayor Davis read in its entirety an official letter from Heritage Cablevision regarding the franchise renewal process. Mayor Davis suggested turning this over to the Town Attorney as this franchise expires in 1995. Council agreed to put this matter on hold. Mayor Davis proclaimed April 26-May 2, 1992 as the Town of Avon Victims' Rights Week and read the Proclamation in its entirety. With-Councils' agreement, Mayor Davis instructed the Town Clerk to distribute to the proper local organizations. Mayor Davis mentioned the Annual CML Conference June 18 and 19 in Ft. Collins. Mayor Davis instructed interested Councilors to see the Town Clerk for registration. The Financial.Matters.were next presented to Council. Councilor Reynolds moved to receive item #1 and approve items #2, #3, and #4. The motion was seconded by Councilor Nottingham and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Hines moved approval of the March 10th Regular Council Meeting minutes as presented. The motion was seconded by Councilor Reynolds and was unanimously carried. There being no further business to come before Council, Mayor Davis called-for a motion to adjourn. Councilor Pysher moved-to adjourn.- The motion was seconded by Councilor Reynolds. .The meeting was adjourned by Mayor Davis at 8:43pm. -4- • 0 RESPECTFULLY SUBMITTED: APPROVED: -5- Pa ty Neyh rt, own Clerk i • ATTACHMENT A KSO DEVELOPb:ENT, CO. Appeal from Denial of Plan Approval by DRB on 5119192 Lot 17, Block 1, Wddridge Background On May 5, 1992 KSO presented plans for conceptual review by DRB on a 4-plex townhome plan for Lot 17, Block 1 in Wildridge. The DRB made a number of comments summarized as follows. 1. Improve window fenestration along Old Trail. (needs more interest) 2. Review site orientation. 3. Possible material change. 4. Repetitiousness of plan with the recently approval one on Lot 46, Block 2 was. of concern. 5. Possibility of vertical stepping of the massing. 6. Change asphalt shingle color to weathered wood. 7. Landscaping should have an automatic irrigation system. On Wednesday morning May 6, KSO instructed it's architect to respond to each of these points in every way feasible. On May 19, KSO presented it's revised plan to the DRB for final approval including the following responsive changes: 1. Window fenestration and variety have been changed in 18 instances in total, particularly on Old Trail (north side), as well as on the other 3 elevations. 2. The placement of the building was rotated 2 feet to, better orient toward the view of Beaver Creek, but no further change was possible due to set back limitations. The view is now south directly to Beaver Creek. 3. Stucco material was introduced as suggested by the DRS in numerous instances on all sides of the building. 4. The new plan included a total of 38 changes from the plan, for Lot 46, Block 2 (see list) which significantly responded to the issue of repetition. S. Vertical stepping was not incorporated due to a ::stimated cost of $30- 35,000 and the need to reshape the lot by excavation. The present plan is designed to fit the natural slope of the lot downward to the north. (Lot 46, slopes upward to the north - making an appreciable difference in floor plan, elevation and roof line). 6. The asphalt shingle color was changed to weathered wood as suggested. 7. An irrigation system will be installed to the extent not limited by the nature of the soils. In addition, in response to other remarks of at conceptual review. A. Asphalt driveway has been reduced. B. Landscape, coverage has been increased - particularly on Old Trail to soften the north elevation and also between Lots 17 & .18. C. Color of building is different from Lot 46. D. Introduced two different elevations on the north instead of just one of the same design. DRB Denial In spite of these direct responses to DRB suggestions, on May 19th the DRB denied KSO's application for approval principally on the grounds of it being repetitious to Lot 46 and that the building should be vertically stepped. A. Vertically stepping the building is notleasible because it would: 1. Cost $30-35,000 including new architectural plans, excavation, support walls and extensive foundations. 2. Result in these townhomes no longer being "affordable housing" which is the market they, are designed for. B. Regarding repetition, KSO made 38 changes including color, window changes, roof line changes, adding stucco, the building slopes downward and not upward and Lot 46, is almost 1/2 mile away. The buildings are similar but that may well be desirable and consistent with the Wildridge appearance. (See Beaver Creek and Appaloosa Ridge) This is a variation of a theme which is actually pleasant and sensible to the eye. Indeed, on May 19, one commissioner said the building was "pleasant" though she voted to deny approval. This Appeal for Approval KSO has spent $5,000 on architectural and materials changes to its plan in response to DRB conceptual suggestions. DRB changed its mind midstream and decided they did not want changes but wanted a whole new approach. Indeed one member", Henry Vest, apologized for this unfortunate failure to communicate. The vote was 5-2 for denial with Messrs Vest and Reynolds voting for approval., This project can not be built within real world economic and market restraints if we follow DRS's ideas and as a result four townhomes will not reach the Avon market due to DRB's decision. The plan for Lot 17 is well designed, would be well -constructed and would be pleasant in appearance. Similarity is not in and of itself grounds for denial. It could be grounds for approval. There is ample distinction between the two buildings being 1/2 mile apart as well as a unity of design and appearance which we submit is desirable. Finally, I- cite as support for KSO's position on Lot 17, the Staff Report for Planning & ,Zoning, dated May 19, 1992. See Comments 6.11 6.12 6.13 6.14 6.15 6.16 The Staff Recommendation Is: 'Approval of this final design review application as presented.' KSO requests approval of its Plans for Lot 17, Block 1 to enable us to build the project and meet the economic and market needs for housing in our community. Respectfully Submitted, KSO Development Co. 0 • Town of Avon P. O. Boy. 975, Avon, CO 81620 (303) 9494280 May 11, 1992 KSO Development Box 562 Edwards, CO 81632 RE: Lot 17, Block 1, Wildridge Subdivision Fireridge Townhomes, Conceptual Design Review Gentlemen: Thank you for your presentation to the Planning and Zoning Commission on May 5, 1992. As this was a conceptual design review, no formal action was taken at this time. The Commission did, however, have the following suggestions: 1. Improve window fenestrations along Old Trail Road (needs more interest). 2. Review site orientation. 3. Possible material change. 4. , The repetitiousness of this plan with the recently approved one on another lot was a concern. 5. Possibility of vertical stepping of the massing. 6. The'asphalt shingles be a,weathered wood color. 7. The landscaping have an automatic irrigation system. Please do not hesitate to contact this office should you have any questions. Sincerely, Charlette Pascuzzi Recording Secretary Copy/File 0 • CHANGES TO PLANS ON LOT 17, BLOCK 1 FROM CONCEPTUAL DESIGN REVIEW TO FINAL REVIEW FIRE RIDGE LOT 17, BLOCK 1, WILDRIDGE 1. Rotated plan 2' North 'at unit 1 and 2' outh at Unit 4. 2. Reduced asphalt coverage. 3.. Changed and arranged fenestrations on all elevations. 4. Changed 4°4° windows to 6°4° bedroom 2-unitsAand 3 North elevation. 5. Changed 4°4° windows to 6°4° with raked top fixed glass-bedrooms 3 units 2 and 4 North elevation. 6. Added rake top window unitl bedroom 4 level landing East elevation. 7. Added rake top windows over sliding doors unit 1 and 3 South elevation. 8. Change roof line over bedroom 2 North elevation. 9. Mono pitch roof with eyebrow units 2 and 4 North elevation. 10. Change roof line over living room units 1 and 3 South elevation. 11'. Add stucco finish, panel around windows, all elevations. 12. Change shingle color from dark brown to weathered wood. 1 13. St-e-d-roof over living room in unit 3 South elevation. 14. Change vault direction bedroom 3 units 2 and 4. 15. Box bay windows bedroom 2 units 1 and 3 North elevation. 16. Box bay windows bedroom 3 units 2 and 4 North elevation. /461-2 0 0 ADDITIONAL CHANGES TO BUILDING ON BLOCK 1, BLOCK 17 COMPARED TO BUILDING ON BLOCK 2, LOT 46 FIRE RIDGE LOT 17, BLOCK 1, WILDRIDGE Additional Chages From Building On Lot 46, Block 2 1. Floor plan change. Step down to bedroom one instead of up. 2. Floor plan larger - due to enlarging dining. 3. Box bay in dining room with 4. Box bay in living room with 5. Building profile is shorter 6. Shed roof different in unit Full cantilever of bedroom two and 6°4° window in Unit 4 (West Elevation). 6°4° window in unit 1 (East Elevation). due to floor plan change (11 above). 1 (South & East Elevation). 7. Man door from garage unit 4. 8. North elevation change due to cantilever of bedroom two. 9., Chimney stack exposure is lowered. 10. Roof line different - no clear story due to #1 above. 11. Remove eyebrow over fireplace roof line.' 12. Enlarge window in dining from 4°4° to 6°4° 13. No bay window in dining - 14. Relocate window in bedroom two from North Elevation to West Elevation unit 4. 15. Change box bay roof on East Elevation 2040 win. 16. Remove box bay at landing at living level (East Elevation). 17. Remove window bedroom one level (East Elevation) 2040. 18. Add 2 X 10 accent trim horizontal around building. 19. Window over fireplace flush instead of recessed (South Elevation). 20. Enlarge deck and extend it 14' on east end of unit 1 (East Elevation). 21. Different cap on chimney. 22. Different color on building. /461