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TC Minutes 07-22-1997E i 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. 2 • • 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. 3 • • 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 4 ! i 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 5