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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