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HomeMy WebLinkAboutpec_results_011011PLANNING AND ENVIRONMENTAL COMMISSION (IN PART) January 10, 2011 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Luke Cartin Michael Kurz Bill Pierce Henry Pratt John Rediker Tyler Schneidman David Viele 45 minutes A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to create Chapter 12-26, Exactions and Dedications, Vail Town Code, to allow for the creation of regulations for mitigation of development impacts, and setting forth details in regard thereto. (PEC100050) Applicant: Town of Vail Planner: George Ruther/ Rachel Dimond ACTION: Tabled to February 14, 2011 MOTION: Pratt SECOND: Viele VOTE: 7-0-0 George Ruther made a presentation per the Staff memorandum. Commissioner Kurz asked what the process is for appealing a required exaction or mitigation? George Ruther responded that the appeals process would be PEC, Town Council and then Civil Court. Commissioner Viele asked what authority Staff has to apply for amendments to the adopted regulations. George Ruther clarified that the Town Council, PEC, members of the public or Staff can apply for regulations amendments. Commissioner Pratt suggested that mitigation only be required when projects exceed that which is permitted under the current zoning. George Ruther responded that studies show that development which comply with zoning still have impacts to facilities and services that needs to be financially addressed. Commissioner Kurz voiced concern over the open ended nature of “infrastructure facilities and services.” He suggested listing types of impacts and mitigation requirements. He further inquired as to who pays for studies to determine impacts. George Ruther responded that applicants would pay for the studies. He added that the ordinance is trying to address the economic sustainability of the Town. Commissioner Viele suggested that this type of ordinance should go to voters, as it seems like a tax. George Ruther responded that this is not a tax and does not have to go to voters. Commissioner Viele stated that the timing for this ordinance is misplaced given the county’s economic situation and there needs to be regulations on eliminating the negotiations process. Commissioner Kurz stated his concern about the loss of the negotiation process which to his knowledge has worked well thus far. Commissioner Pratt asked if this ordinance would apply to Ever Vail. George Ruther responded that he did not believe it would apply to any applications that have already been submitted. Legal counsel would need to answer this question. Commissioner Pierce suggested there needs to be a distinction between upzoning, SDD deviations and projects that comply with existing zoning. Commissioner Pratt stated that allowable zoning should reflect impacts that the Town could absorb, not require the applicant to pay for. George Ruther responded that when West Vail was rezoned in the 1970’s and 80’s, that the Town would have had to build 5 lane roads and other supporting infrastructure instead of improving infrastructure as needed over time. Commissioner Viele stated that the tax base should pay for changes to infrastructure. Commissioner Pierce stated that the exactions should be more predictable.