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HomeMy WebLinkAboutpec_results_021411PLANNING AND ENVIRONMENTAL COMMISSION February 14, 2011 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Members Present Members Absent Bill Pierce Tyler Schneidman Henry Pratt Luke Cartin David Viele John Rediker Michael Kurz 60 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 28, 2011 MOTION: Viele SECOND: Kurz VOTE: 6-0-0 Rachel Dimond gave a presentation per the Staff memorandum. Commissioner Kurz understands why the Town would like to implement this policy, however, 12-26-3(B) caused him concern regarding the statement that fee schedules may be established. He said it appears adhoc and may occur without study. Rachel Dimond stated that a cause and effect nexus is necessary for a community to establish the impact. Commissioner Kurz felt that the proposed language was stating that a nexus for a fee schedule was necessary and not a nexus for the actual impact fee. He also felt the severability section of the proposed regulation was permitting the Council to grant a variance. George Ruther replied the that Section 2 of the proposed ordinance is not intended to amend the way the ordinance is being implemented, but to serve as a form of protection should a court determination result in the nullifying of any portion of the adopted regulation. Commissioner Viele inquired as to any provision in the Code which prohibited the collection of fees. He asked if this proposal would legalize the ability to charge these fees and whether the fees being collected currently are inappropriate. George Ruther responded by stating that the attorney’s office has requested this proposed regulation to strengthen the defense of mitigation fees and improvements which are collected. Commissioner Cartin inquired as to how fees are determined by the Town and Council. Rachel Dimond responded that a need would be identified that would benefit from mitigation and a subsequent study would be performed to determine the appropriate mitigation of an impact. George Ruther highlighted the parking pay-in-lieu fee which is currently at $32,000 per parking space which is nowhere close to the estimated cost of approximately $110,000 to actually construct a structured space. Commissioner Rediker asked Staff to consider a definition of infrastructure facilities and services as identified in the proposed language. He highlighted the list of impacts which could be mitigated found on page 3 of the Staff memorandum. He continued by highlighted the proposed 12-26-4(2) might be best changed to discuss the Town’s need for an improvement and not an “interest” in an improvement. He suggest that the phrase “But for” as it occurs in the proposed language is a high legal standard which could be difficult to determine. He felt that 12-26-5(D) and 12-26-5(E) were redundant and was unsure of why both paragraphs were needed. George Ruther clarified that due to the review processes within the Town of Vail, the two paragraphs clarified the differing roles of the Commission and the Council. Commissioner Rediker suggested that the Town’s legal counsel review 12-26-4(6) and the appropriateness of the language. Commissioner Pratt stated for the record that he did not feel that a project developing within full compliance with the Code should not be required to perform an impact study. He continued, by stating that the proposed language did not provide the clarity that the Staff memorandum was suggesting would be an outcome. Developers must invest significant sums to design and submit prior to know the mitigation impacts. The proposed language does not clearly identify the fees for the various impacts. George Ruther stated that the reality is that in some case you need to know a great deal about the project before knowing the actual impact costs; however, the exact fees would be determined through the review, but there should be no surprise that fees and improvements will be requested. Commissioner Pratt suggested that the proposed ordinance language was vague and should include a list of the impacts that will need to be mitigated as found in the memorandum. George Ruther stated that the Town could choose a fee that is below that of the actual identified impact and subsidize certain elements and improvements. Jim Lamont, representing the Vail Homeowners Association, asked that the list of exactions and impacts found on page 3 of the Staff memorandum needs to be reconciled with the list contained within the proposed ordinance language. He added that mitigation of development impacts originally started under the Special Development District process solely unless you asked for more than what zoning permitted. He stated that the Town should be looking at the budgetary process such as staff salaries and benefits is to solve some of the needs of the community as development is likely not going to be rebounding in the near term. He highlighted the studies done for Ever Vail showing the fiscal impact of a project like Ever Vail and should those revenues be dealt with differently to allow those to mitigate development impacts. He spoke to several studies that state the struggle that real estate will have moving forward as the homeownership fees for metro districts and homeowners associations will deter many from purchasing products in resorts like ours. George Ruther highlighted the difference between policy and implementation. Some communities have exactions requirements, but may wave them entirely by accepting various improvements or other elements. This proposed ordinance only speaks to the impacts created by development and only the incremental impacts of that development. This ordinance cannot be used to go back and correct the sins of the past. Jim Lamont suggested that policy needs to follow industry trends. He suggested a study of all the fees that are charged by square footage of development in the Town of Vail and how they cumulatively impact development and sale of product in the Town of Vail. This will be vital to the reinvention of the Town as we come out of the current economic climate.