HomeMy WebLinkAbout1973-06-19 Town Council Minutesw
MINUTES
REGU LAR..MEETI NG
TOWN COUNCIL OF THE TOWN OF VAIL
JUNE 19, 1973
A regular meeting of the Town Council of the Town of Vail was convened at
7.35 p.m., June 19, 1973, in the Council Room of the Vail Municipal Building.
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Mayor John A. Dobson and the following Councilmen were present:,
Richard Bailey John Donovan
Josef Staufer Tom Steinberg
Gerry White
Also present were:
Terry Minger, Town Manager
Larry Robinson, Town Attorney
The meeting was convened with the Council acting as the Local Liquor Licensing
Authority. Mary Joyce Senac had made application for a beer, wine and liquor
license for the premises formerly occupied by Leroi's Public 'House. Douglas
McLaughlin was present representing the applicant. The Town Clerk indicated
that all fees and forms had been received. Police Chief Wall indicated that
the police department had received no negative information on the applicant.
No petitions had been received for or against the application. Councilman
Donovan asked if any of the patio on the north side of the building was on green
belt land. Mr. McLaughlin noted that the question had been previously researched
and the patio was on Mr. Rosenquist's property; however, a barrier would be
placed on the patio to protect the green belt. Councilman Steinberg inquired
whether the problem with the sewer system in the restaurant had been repaired;
Mr. McLaughlin indicated that he understood it to have been corrected and
that the applicant was working with the Town. Sanitarian. Councilman Donovan
moved that the license for Mary Joyce ,Senac be approved; Councilman White
seconded, approval was unanimous.
The Vail --Eagle Valley Rotary Club had made application for a 3.2% beer special
events permit for the Fourth of July. Mr. Robinson recommended the applica-
tion be approved. It was clarified by Mr. Strauch that the beer would be con-
sumed on the premises. Councilman Staufer moved the application of the Vail -
Eagle Valley Rotary Club be approved; Councilman Bailey seconded; approval
was unanimous.
As there was no Further business, the Local Liquor Licensing Authority adjourned
at 7:55 p.m. and the Town Council was convened.
Ordinance No. 8 (Series of 1973) AN ORDINANCE ESTABLISHING COMPRE-
HENSIVE ZONING REGULATIONS FOR THE TOWN OF VAIL. AND PROVIDIN3
FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; CREATING
ZONING DISTRICTS; ESTABLISHING AND CREATING A ZONING MAP;
ESTABLISHING PARKING REQUIREMENTS; ESTABLISHING A DESIGN
REVIEW BOARD; CREATING REQUIREMENTS FOR ENVIRONMENTAL
IMPACT REPORTS; PROVIDING FOR APPOINTMENT OF A,ZONING ADMIN-
ISTRATOR; PROVIDING FOR VARIOUS ADMINISTRATIVE, REVIEW AND
APPEAL PROCEDURES; PROVIDING FOR THE REPEAL OF ORDINANCE
NO. 7 (Series of 1969), ORDINANCE NO. 8 (Series of 1970), ORDINANCE
NO. 15 (Series of 1970), ORD.NANCE NO.. 3 (Series of 1972); AND SETTING
FORTH MATTERS AND DETAILS IN RELATION THERETO, was introduced
for first reading. The title was read in futl.and the audience advised that
copies of the ordinance were available. The Mayor indicated that Mr. Livingston
would be in Vail on July 2 and 3 to discuss the ordinance with interested groups
and individuals. The second reading is scheduled for July 17. Councilman
Staufer noted that he had received a request that coin operated laundries be a
conditional use in CCII.
Discussion turned to the consideration of a request for a parking variance from
Booth Creek Associates. Mr. Rose explained that, in the process of bui lding
the road to the Booth Creek water tank, some fill was inadvertently left on
Vail Associates' property. At this point, the Town would either have to remove
this fill or grant a variance for three parking spaces. it was his opinion that
the three spaces were not essential to the project. Also, the landscaping that
has been done in the area would suffer. Councilman Steinberg moved that a
parking variance of 3 spaces be granted to Booth Creek Associates; Council-
man Donovan seconded; approval was unanimous.
Returning to the first reading of the zoning ordinance, the Mayor polled the
Council as to whether they had read and understood the ordinance; Councilmen.
White, Staufer, Bailey, Donovan, and Steinberg indicated that they had.
Councilman Staufer moved that the proposed new zoning ordinance, No. 8
(Series of 1973), be approved; Councilman Donovan seconded; Councilmen
Bailey, Donovan, Staufer, Steinberg, White and Dobson voted in favor; there
were no votes against; the motion carried and the Town Clerk was instructed
to publish same. Councilman White moved that the second reading be held
at 7:30 p.m., July 17, in the Council Chambers; Councilman Bailey seconded;
Councilmen Bailey, Donovan, Staufer, Steinberg, White and Dobson voted in
favor; there were no votes against; the motion carried.
Discussion of claims to rights in the streets of the Town of Vail was postponed.
It was noted that there have been no volunteers to serve on the Election Com-
mission. The Town Clerk was instructed to continue taking applications for
this commission. The minutes of the meetings of April 19, April 24 and
June '11-12, 1973, had been previously submitted to the Council. Councilman
Steinberg moved they be approved; Councilman White seconded; approval was
unanimous.
Next on the agenda was the public hearing on a proposed P.U.D. provision for
Sunburst at Vail. Mr. Minger explained the history of negotiations on the 40-
acre tract along the golf course and the history of plan changes by the Shamrock -
Vail group. Mr. Minger also reviewed the work of the planning consultants with
this group. Mr. Clancy, of Shamrock -Vail, introduced their consultants who
were present at the meeting. Mr. Jensen, their attorney, explained that they
applied for a Planned Unit Development Permit under Ordinance No. 7 (Series
of 1969) on June 1 , 1973. The land is under a single ownership and all the
uses proposed are allowed uses. The proposed F. A.R. is 15/0 less than that
allowed under the current zoning. Mr. Jensen explained the exhibits they were
submitting with their application. He also noted that the Shamrock -Vail group
accepted the recommendations of the Town of Vail planners made up to and
including June 18. A slide presentation was made of various aspects of their
plan. Mr. Seracuse, their architect, noted that the total number of units
• contemplated was 585. A memorandum dealing with the project from Eldon
Beck of Royston, Hanamotoy Beck. & Abey had been submitted, to Council. This
memorandum was summarized by Mr. Minger, who also commented that the
option that the land remain open space was not available. It was also noted that
any future construction projects in the Town will be required to submit an
environmental impact report.
Mr. Seracuse explained that the apparent discrepancy in heights between their
proposal and the recommendations was due to a difference in method of measure-
ment. However, the number of floors did not differ. In regard to the schedule
of credits for recreational amenities, Mr. Clancy was of the opinion that the
Council would prefer that the matter be negotiated at the beginning of each phase
rather than at this time. The fact that some of the items might receive no
credit would not be troublesome to the developers, with the exception of the
multi -media center, which they felt required a credit. Mr. Seracuse explained
the phasing of the buildings with a view to showing that each of them could stand
alone should the project be halted at any point before completion. Councilman
Donovan inquired if Council approval would travel with the land; if the land were
sold, would it need to be reviewed again? 'Mr. Robinson was of the opinion
that the selling of the land would not affect the approval. A lso, any new owners
would be required to follow the agreed upon plan. In regard to the amount of
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density reduction, Mr. Clancy noted that the parking arrangements of the new
ordinance have enabled them to reduce the density by 15% while maintaining
the same level of amenities. It was repeated that 585 units (117 of which are
hotel units) are contemplated, with 2300 to 2400 people at 100% occupancy.
The original number of people contemplated for the project was 3,400. The
first phase would be 73 units housing 242 people and 5,70o square feet of
commercial space. Mr. Clancy reported that they had contracted for 24
rental units in West Vail for employees for the first two seasons; after that
time, the employee housing units wilt be constructed.
It was clarified that the application is being made under the old zoning ordinance;
however, the application is identical to Section 13 of the proposed new zoning
ordinance and the developers have agreed to abide by this section. Mr. Gersbach
Inquired if the new zoning ordinances were available prior to that afternoon; Mr.
Minger noted that they have been available for some time although recently -
changed sections were only available that morning. Mr. Robinson noted that if
the project is given approval, it could only be re -zoned if it could be shown.that
conditions had changed substantially. Mr. Frank noted that, in order to -avoid
the situation that exists in Lionshead, where amenities were shown in prospectus
but never built, it would be necessary to obtain some type of guarantee of amenity
construction. Mr. Robinson explained that by using a P."U.D. approach, dead-
lines can be set by which time certain amenities must be completed; if these
deadlines are not met, sanctions are available to be imposed. Mr. McLaughlin
inquired how many units were contemplated per buildable acre; Mr. Seracuse
indicated that they did not have that figure. However, it is not true that a
majority of the site is unbuildable. Mr. McLaughlin maintained that because
this figure is not available the density calculations are misleading. Mr. Minger
noted that the original allowable density was .7 or .8 to 1; the current proposal
is .4to 1.
Mr. George Knox questioned whether the sewer system could adequately handle
the volume generated by this project. Mr. Rose replied that the Water and
Sanitation District has contracted for a plant expansion which will triple the
capacity of the plant; this work hopefully will be completed by November 15.
In addition, the Upper Eagle Valley Sanitation District, which handles some
Vail sewerage, is expanding. Councilman Donovan inquired as to the current
status of the UEVS plant. Mr. Rose noted that they are currently over -capacity
due to infiltration.
Eve Nott suggested that the quantitative impact on the golf course area would be
overwhelming. She inquired who was responsible for the original zoning of the
property as non-residential. .Mayor Dobson indicated that the Council had
allowed some commercial uses, as the annexation would not have taken place
had the zoning not been acceptable to the owners. The question before them at
the time was whether to annex and gain some control or not annex at all Mrs.
Nott suggested that the annexation had not been publicized. Mayor Dobson took
exception to this statement; it had been publicized, although the public may not
have attended to participate. Mr. Kindel inquired if the developers were
prepared to take longer than 6 years to complete the project. Mr. Clancy
indicated that they had looked at 7 - 10 year alternatives. Mr. Anderson
inquired if the Council had examined the financial condition of the developers.
Mr. Robinson suggested that there might be no legal way to conduct such
investigations. A member of the audience suggested that ' provisions should
be added to the P. U.D. arrangement whereby it can be changed. He also sug-
gested that a surety bond arrangement was necessary to guarantee the public
open space. Mr. Minger agreed that performance or surety bond provisions
should be added to the agreement. Another member of the audience suggested
that an escrow account would be the.only way to provide protection. Council-
man Steinberg suggested + that one guarantee of performance was the need of
the developer to obtain permits each year, which permits would not be issued
if the standards had not been met. Councilman Steinberg:also clarified that
the course which might be taken by the owners if the P. U. D. provision were
not granted would be to sell the land to others in small pieces. Councilman
Staufer noted that when the subject of a moratorium was discussed, it was
rejected by the audience in attendance; hence, the only alternative is controlled
deve lop me nt .
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Nir. Blumberg asked Mat the plans were for the commercial space. There
would be 60,000 square feet of commercial space, built on a phase, basis.
The allowable uses are listed both in the permit application and in the Section
13 of the proposed new zoning ordinance..The square footage given also
includes the multi -media center. Mr. Blumberg noted that this commercial
space might generate a great deal of'traffic. IMr. Lou Parker asked. if there
were a referendum procedure applicable to this project:. Mr. Robinson replied
that had an ordinance been required to approve the project; a referendum
could have been applied. A member of the.audience inquired ifthere 'were
three alternatives: 1. approve the project as presented; 2. approveother
buildings; or 3, just leave it open. Mayor Dobson reported that these were
not the alternatives; the land has been purchased and it cannot be zoned in.
such a way as to deprive the owners of their rights to.the land. A member
of the audience suggested thatthere.is not roam for 2400 people in the Town.
Councilman Staufer suggested that in that case it also be considered that
there are 200 to 300 acres in Bighorn which are not controlled and from which,
if developed, additional people will come into town. :The member of the audience .
suggested that the controls in this case were. not bethg strictly enough enforced,
Mayor Dobson suggested that they..could`not limit this project further and still,
be within the law. After some further ;discussion, Councilman White suggested
that the only alternative at this point is for. the`Town to condemn and purchase
the property. Mr. Bob Parker expressed three concerns.; 1 . that the trans-
portation system operate as projected; ..2.' that.a. proper relationship be
established between the, golf course and the. project; 3. that a proper rela-
tionship be established with, the ski facilities. It'was his opinion that the
recreational facilities provided in the project are .not those upon which it will .;
depend. He was concerned as to "how, they would finance their transportation
system. Mr. Parker felt it was .necessary_ to establishea"way,in which the
people of Vail can also have access. to the golf course.. Likewise, he felt it
would be necessary to establish priorities between existing residents and guests
and new people on the mountain. .Mr.. Clancy noted that the tram portation "
system was bound by the same type of agreements as the amenities. They can
either use a private source of financing or finance it through the project itself.
In regard to the ski facilities, he noted that they have, looked at these on
regional basis.. Mayor Dobson added that,.in regard to the golf course, this
would have to be handled by the Recreation District but that'all citizens would
have to have a relatively equal access to it. The problems with the ski facility'
were, likewise, not within the purview of the Council,
Marion Frank noted that she was in favor.of a,aarge corporation developing the
property as they are more likely to build the amenities and could possibly raise
the necessary funds more easily. ,CounCUTT-ian White sut Bested that the Council ..
pursue performance bonds for."each phase of this project and every project being.
built in the Town. Mr. Robinson suggested that if, the Counpi.l:were not prepared
to act on the application at this :time,, the public hearing Should be continued to
another time. Councilman BaileY noted that his'only hesitation centered on the
comments made by Mr. Beck regarding supporting materials. Councilman
Donovan stated that he was in favor of continuing .the hearing to the next meeting; ..
Councilman Steinberg agreed. Councilman White noted that he thought the
recreation fee question needed to be settled before approval was given. Mr.
Clancy offered to give the town a letter of credit at the beginning of each
construction season for the items scheduled for that phase. Mr. Jensen stated
that it would be helpful if they"could have preliminary approval,, subject to the
items which the Council had mentioned. .Mayor Dobson suggested that all of
the concerns could not be listed within the next. 10 minutes. After -some disc
cussion, it was suggested that the project could be approved s.ubject.to the
suggestions of Mr. Beck and letters of credit arrangements. Mr. Clancy `
clarified that they would include the amenities in "any performance .bond arrange-
ment; he had no objections to including the transportation, but the details of.
its financing have not yet been worked out. After, some further discussion,
Counci loran Bai ley moved that the Councl L approve the proposed. P. U . D , provi-
sion for the Sunburst at Vail project subject to the findings of Mr: Beck
written on June 15 and to an arrangement for a satisfactory performance bond
or, letter of credit to cover the landscaping and amenities as presented in .the
plan, such approval to be subject to a satisfactory meeting of the conditions
within 7 days. Councilman Steinberg seconded the motion. Councilmen Bailey,'
Donovan, Staufer, Steinberg, White and Dobson votedin:favor; there were no
votes against; the motion carried...
The VRA had submitted a list of the projects they would like to undertake in
conjunction with the Town. This wuld require the $8,000 which had been -
earmarked for that organization in the budget. Councilman Staufer moved
that the $8,000 be allocated to the VRA; Councilman Bailey seconded; approval
was unanimous.
In regard to the re -modeling of the old sewer plant A-firame, it will be used
this summer although a long-term commitment :is still pending. Jen Wright
indicated that Vail Associates would have more information within two weeks.
The estimated total cost would be $20,000. After somefurther discussion,
Councilman Donovan moved that $3,000 be allocated to make the building
usable for the summer; Councilman Steinberg seconded; approval was
unanimous.
As there was no further business, Councilman Donovan moved that the meeting
adjourn at 11:30 p.m.; CouncilmanBailey seconded; approval was unanimous.
Town CIerk