HomeMy WebLinkAbout1999-02-09 Support Documentation Town Council Work Session
PUBLIC NOTICE
VAIL TOWN COUNCIL MEETINGS
Tuesday, February 9, 1999
Work session HAS BEEN CANCELED
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or
479-2356 TDD for information.
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DESIGN REVIEW BOARD AGENDA
Wednesday, February 3, 1999
3:00 P.M.
PUBLIC MEETING SCHEDULE
PROJECT ORIENTATION / NO LUNCH - Community Development Department 1:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Brent Alm
Clark Brittain
Hans Woldrich
Bill Pierce
Greg Moffet (PEC) arrived 3:30
SITE VISITS
2:00 pm
1. 9 Vail Road Building - 9 Vail Road #26&27
2. Robins -154 Beaver Dam Road
3. Laidlaw - 1722 Geneva Drive
4. Glen Lyon Office Building -1000 S. Frontage Rd. West
Driver: Jeff
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm
1. Mereles/Firman residence - Final review of an addition/remodel of a Allison
primary/secondary residence.
1984 Sunburst Drive/Lot 20, Vail Valley 3~d
Applicant: R. Mereles & R. Firman, represented by Fritzlen, Pierce, Smith
MOTION: Clark Brittain SECOND: Hans Woldrich VOTE: 3-0 (Bill Pierce recused)
APPROVED WITH 3 CONDITIONS:
1. That the grading issues with Public Works be resolved. .
2. That the little center chimney go away.
3. That the chimney be stucco or stone.
2. Vail Interfaith Chapel.- Modifications to a previously-approved plan. Jeff
19 Vail Road / Tract J, Block 7, Vail Village First Filing.
Applicant: Vail Interfaith Chapel represented by Gwathmey-Pratt Architects
MOTION: Bill Pierce SECOND: Clark Brittain VOTE: 5-0
APPROVED WITH 2 CONDITIONS: '
1. That the 3 small windows on the north elevation be raised to match the large windows.
2. That the roof material be wood shakes or shingles.
TOWN O*YAIL
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3.. Robins residence - Addition/remodel. Jeff
154 Beaver Dam Road / Lot 27, Block 7, Vail Village First Filing.
Applicant: Ken and Judy Robins, represented by Steven James Riden
CONCEPTUAL - NO VOTE
4. 9 Vail Road Building - Multiple-family residential bedroom/dormer addition. Dominic
9 Vail Road, Unit 26&27 / Lots A, B & C, Vail Village 2nd Filing.
Applicant: Thomas and Jill Darrah
CONCEPTUAL - NO VOTE
5. Glen Lyon Office Building - Conceptual review. Dominic
1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision.
Applicant: Glen Lyon Office Building Partnership, represented by Kurt Segerberg
CONCEPTUAL - NO VOTE
6. Laidlaw residence - Preliminary review of a new single-family residence. George
1722 Geneva Driv/Lot 10, Matterhorn Village
Applicant: Wait Laidlaw, represented by RKD
CONCEPTUAL - NO VOTE
7. Westhaven Condos - Final review of a proposed new Fractional Fee Club George
and employee housing project.
1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby Robinson
TABLED UNTIL MARCH 3, 1999
Staff Approvals
Lee residence - Interior remodel with minor window changes. Brent
1975 W. Gore Creek Drive/Ptarmigan Townhomes #21.
Applicant: Robert & Jo Ann Lee
Bridgewater residence - Interior den/exterior deck expansion. Brent
303 Gore Creek Drive #11 /Lot 11, Block 6, Vail Village 1St Filing.
Applicant: B.A. Bridgewater
Linn residence -Addition of transom windows. Brent
1350 Greenhill Court/Lot 14, Glen Lyon Subdivision.
Applicant: Robert and Alexandra Linn
DeLeon residence - Interior remodel and window addition. Brent
82 W. Meadow Drive/Lot 1, Block A, Vail Village 2"d Filing.
Applicant: Santiago DeLeon
Mountain Top Ice Cream of Vail (Haagen Daz) - Menu sign. Dominic
141 E. Meadow Drive/Lot P, Blk 5D, Vail Village 1St Filing.
Applicant: Ric Almos
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Buncher - Balcony extension. Allison
1730 Golf Course Lane, Unit 76/Vail Golf Course Townhomes.
Applicant: Jim and Mary Buncher
Montaneros Condominiums - Revised fence and landscape plan. Dominic
641 West Lionshead Circle/Lot 8, Bik 1, Vail Lionshead 3rd Filing.
Applicant: Montaneros Condo Association
Conyers residence - Master bath addition and enclosure of loft. Allison
5129 Black Bear Lane/Lot 13, Block 2, Gore Creek Subdivision.
Applicant: David Conyers
Vail Property Sales & Management - Temporary Real Estate Open House/Directional Signage. Brent
303 Gore Creek Drive #2CNail Row Houses.
Applicant: Lisa Agett
The applications and information about the proposals are available for public inspection during regular office C
the project planner's office, located at the Town of Vail Community Development Department, 75 South Front,
Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephor
Hearing Impaired, for information.
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Town of Vail
Sales Tax Worksheet
2/4/99
% Change % Change
1998 Budget from from
Month 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Budget Collections Variance 1997 Budget
January 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,076,931 2,115,316 38,385 3.06% 1.85%
February 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,121,757 2,153,107 31,350 3.04% 1.48%
March 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,614,841 2,367,757 (247,084) -8.26% -9.45%
April 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 881,575 1,107,321 225,746 26.63% 25.61%
May 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 328,723 382,704 53,981 16.05% 16.42%
June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 642,504 633,386 (9,118) 0.48% -1.42%
July 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,060,879 1,107,601 46,722 6.13% 4.40%
August 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,090,762 1,183,645 92,883 10.27% 8.52%
September 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 642,504 735,327 92,823 15.29% 14.45%
October 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 478,142 514,736 36,594 8.86% 7.65%
November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 717,214 655,527 (61,687) -7.30% -8.60%
December 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,286,119 2,060,551 (225,568) -8.61% -9.87%
Total 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 14,941,951 15,016,978 75,027 1.83% 0.50%
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LAW OFFICES
DUNN, ABPLANALP & MAURIELLO, P.C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN WESTSTAR BANK BUILDING TELEPHONE:
ARTHUR A. ABPLANALP. JR. 108 SOUTH FRONTAGE ROAD WEST (970)476-0300
DIANE HERMAN MAURIELLO
CARRIE A. HENDON SUITE 300 FACSIMILE:
(970) 476-4765
VAIL, COLORADO 81657
SPECIAL COUNSEL: KAREN M. DUNN
JERRY W. HANNAH February 2, 1999 CERTIFIED LEGAL ASSISTANT
Mayor and Town Council
Town of Vail
75 South Frontage Road
Vail CO 81657
Re: Vail Plaza Hotel Project
Dear Mayor Ford and Council Members:
The purpose of this letter, written on behalf of Charles Lipcon, is to provide you
with additional comment regarding the above project submittal.
i. Vail Village Master Plan
Included as part of the record in the above matter, is a letter dated June 2, 1998,
from this office to the Planning and Environmental Commission. That letter objects to aspects of
the proposed Vail Plaza Hotel as violating the Vail Village Master Plan. The reasoning of the
objection is based in part on the holding of our supreme court in Board of County Conun'rs v:
Conder, 927 P.2d 1339 (Colo. 1996). In essence, that case held that a master plan, once
incorporated into a land use regulation, is binding and not advisory.
At the hearing before the Planning and Environmental Commission, the Town
Attorney disagreed with that analysis. He stated it to be his opinion that the Conder case has no
application to the Town of Vail because that case involved a county regulation, as opposed to.the
regulation of a home rule municipality. He stated it to be his opinion that, because the Town of
Vail is a home rule town, the Vail Village Master Plan is advisory only. The purpose of this
letter is to reply to that opinion.
It is respectfully submitted that the concept, that a master plan is advisory in
nature, arises not out of a home rule analysis but rather out of the decision of our supreme court
in Theobald v. Board of County Comm 'rs, 644 P.2d 942 (Colo. 1982). In that case, the court
held that a master plan is advisory only and that, in order for it to have a direct effect on property
rights, it must be further implemented through zoning.
The Conder case involved a master plan which had been implemented as part of
Larimer County's subdivision regulations. The court stated that:
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"master plans are purely advisory documents, absent (1) formal
inclusion of sufficiently specific master plan provisions in a duly-
adopted land use regulation by a board of county commissioners or
(2) a statutory directive from the General Assembly that
landowners must comply with master plan provisions in pursuing
land use development proposals." 927 P.2d at 1346.
We note that the Vail Charter contains no authority for the adoption of zoning
regulations. For that reason, the Town can look only to state statute for its zoning authority. It
must therefore comply with the state statutory requirement of adoption of a master plan, -as it has
done. It is also bound by state law and our supreme court's interpretation of state law as to the
effect of a master plan. It is immaterial whether that interpretation involves a county government
or a home rule municipality.
Apart from that, the Vail Municipal Code makes the Town's comprehensive plan
a binding, and not an advisory, document. Section 12-9A-8, Vail Municipal Code, places the
burden on the applicant to demonstrate 1) that a special development district submittal complies
with the comprehensive plan, 2) that the comprehensive plan is not applicable or 3) that a
practical solution consistent with the public interest has been achieved. The proponent of the
Vail Plaza Hotel has done none of the foregoing. He simply asks that you disregard the specific
limitations of the Vail Village Master Plan, including in particular the height limitations of the
master plan.
We therefore submit that the Vail Village Master Plan cannot be passed over as an
advisory document and that the council must comply with the ordinance cited above, placing the
burden on the applicant. We submit that the applicant has not met that burden and that the
application should be denied.
ii. Concerns as to Work Sessions
This project application was considered by the council in a work session on
January 26, 1999, at which time the suggestion was made that further work sessions may be
scheduled. It was also indicated, on behalf of the applicant, that concerns of the council would
be responded to.
The council is respectfully reminded that it has before it a recommendation of the
Planning and Environmental Commission. When such a recommendation is received, it is
required by § 12-3-7F, Vail Municipal Code, that a date for hearing be set. Section 12-3-6 of the
code establishes the manner in which hearings before the council must be conducted, including
the requirement of § 12-3-6D3 that all interested parties be afforded the opportunity to submit
exceptions, contentions and arguments. It is respectfully submitted that consideration of any
project in work session without notice to the public and to adjacent landowners does not comply
with that requirement. It also requested that the council avoid negotiation with the applicant,
either informally at staff level or in the course of a work session. Review of a recommendation
of the PEC is intended by the Code to be a public hearing process and not a work
session/negotiation process.
iii. Encorachnzent and View Agz-eenzent
Members of the council have expressed interest in an Encroachment and View
Agreement, dated October 31, 1989, between Vail Village Inn, Inc., and Leo Palmer as the
developer of the Vail Gateway Plaza. In essence, that agreement required that Palmer obtain
from purchasers of units at Gateway Plaza a waiver of any interest, claim or right in an
unobstructed view across VVI property.
It is emphasized that that agreement was entered into with respect to the then
approved plans of VVI, which were altogether different in scope from the existing application.
Further, the agreement amounts to a private covenant and obviously has no effect on the right of
our client to insist that the council comply with the requirements of the Vail Village Master Plan
and town ordinances.
Yours very truly,
DUNN, A13PLANALP & CHRISTENSEN, P.C.
Jo W. Dunn
JWD:ipse
cc. Mr. Lipcon
Mr. Moorhead
4VAIL
TOWN OF 75 South Frontage Road
Vail, Colorado 81657
970-479-2100 MEDIA ADVISORY
FAX 970-479-2157
TM
February 3, 1999
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR FEBRUARY 2
Media Note: The Feb. 2 work session was canceled due to the World Alpine Ski
Championships. Also, the Feb. 9 work session has been canceled as well.
Evening Session Briefs
Councilmembers present: Armour, Arnett, Foley, Ford, Navas
--Citizen Participation
Steve Rosenthal, owner of Colorado Footwear in Vail Village, requested the town provide
businesses with additional sales tax analysis: 1) comparative sales tax figures that would
include collections from the same pool of businesses from year to year; and 2) budgeted sales
tax revenue as opposed to actual monthly revenue collected (the town already provides this
information via the sales tax worksheet on a monthly basis).
Next, Gary Murrain; a local building regulation consultant, representing a Vail property owner,
Betty Guffey, asked Council to intervene in a civil matter between two adjoining owners of a
duplex in the Red Sandstone area. He alleged, and was later supported by testimony from
Guffey, that illegal, low levels of carbon monoxide were being produced by the neighbor next to
Guffey and that the town had not cooperated in regulating this matter.
Mayor Ford stated Council would ask appropriate staff to follow up on both matters.
--Consent Agenda/Cascade Major SDD Amendment
The Council voted 5-0 to approve a consent agenda which carried second reading of an
ordinance that amends the Cascade Village Special Development District to allow for a
transportation business as a conditional use and to allow the conditional use of the tennis facility
as a temporary conference and convention center to the hotel. During discussion, Councilman
Bob Armour asked for clarification on the ordinance which was amended prior to first reading
from an accessory use to a conditional use for use of the tennis center as an exhibit area for
conventions. The change was made at Council's January 19 meeting, based on Council input.
For more information, contact George Ruther in the Community Development Department at
479-2145.
(more)
RECYCLED PAPER
Vail Town Council Highlights/February 2, 1999/Addl
UPCOMING DISCUSSION TOPICS
February 16 Work Session
Presentation of Franchise Agreement with Holy Cross
Discussion of Election Protocol for November 1999 Regular Municipal Election (Mail-in Ballot,
vs. Walk-in)
Presentation by John McMain regarding Eagle Observatory Grant Request
February 16 Evening Session
Berry Creek 5th Housing Discussion
Review Draft Instructions for Community Facilities Plan
February 23 Work Session
PEC/DRB Report
Buck Allen 20 Year Anniversary Award
Model Traffic Code Discussion
Discussion of PEC Participation on DRB
Ski with the Council from 8:30 a. m. to noon on February 10, March 10 and April 14. Meet at the
Vista Bahn lift at 8:30 a.m. on the scheduled day. Please provide your own equipment, lift ticket
and lunch.
HEALTHCARE PREMIUM COST
As a reminder, the TOV pays 90% of the cost of employees health care.
That means employees pay 10% through payroll deductions. Effective
March 1, 1999, our employees' premiums will be increasing as follows:
Single: $26.00/month, 2 person: $51.00/month, Family: $73.00/month.
These rates are 10% of the total cost of our plan. As an example, the actual cost of family
coverage is $731.00 per month. TOV pays $658.00 of that amount or, $7,896.00 annually.
TOV has been pleased to be able to hold the line on premium increases over the last several years.
However, 1998 health cost has increased and that is reflected in our new rates.
In spite of this increase, however, our health care benefits still remain an outstanding value in
relation to our high country resort market.
NEW PENSION ADMINISTRATORS
BMC CONSULTANTS
Please plan to attend one of the three scheduled meetings to meet our new Pension administrators,
BMC Consultants. Come learn how to call directly to get the latest daily valuation of your Plan B
Pension account with the Simple Transaction Access Network (STAN). This improvement in
service allows you to obtain detailed balance information, administer your account, make fund
transfers, and get loan information. Innovest and Piper Jaffray will also be here for the end of the
quarter investment results and answer any questions you might have.
When: Monday, March 8, 1999
Where/When: Council Chambers - 7:30 a.m. and 10:00 a.m.
and
Library (Community room) 1:00 p.m.