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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. 01 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 1 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 2 I 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. 3 Xe 1-C c 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% a J 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: A i "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.