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Home My WebLink About1973-11-27 Town Council MinutesF\ MINUTES SPECIAL MEETING TOWN COUNCIL FOR THE TOWN OF VA I L NOVEMBER 27, 1973 A special meeting of the Town Council For the Town of Vail was convened at 7:35 PM, November 27, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: John Donovan Josef Staufer Joseph Langmaid Gerry White Kathy K lug Tom Steinberg Also present were: Terrell J. Minger, Town Manager Lawrence B. Robinson, Town Attorney Mayor Dobson opened the meeting by introducing the problem of parking in the core area. A member of the Planning Commission was asked to state the problem as the commission sees it. Mr. Mery Lapin, commission member, explained the commission's concern with the present parking situation as it relates to the core area.' A change of use creates a parking requirement change. Questions asked by the planning commission include: (1) Should the core area become more pedestrianized? (2) What do we Feet the use of this area should be? (3) Where can we provide parking for the businesses that presently exist there? He commented that the "Mall Act" allows a community to specify an area in a town designated as a pedestrian area only. Mayor Dobson then asked for the audience to respond to his question, "What do we want the core area to be?" Diana Toughill, zoning administrator, stated that an additional 55,000 square feet could be converted to commercial space in the core. This would not include the possible construction of new commercial buildings. Figures on current com- mercial space are not=• known. Mr. Staufer remarked that the biggest mistake of the new zoning ordinance was to eliminate the Floor Area Ratio requirement. The parking is the only 'handle' the Town has to control the core area, he noted. Off-street .parking requirements are unconstitutional in the State of Colorado so that this 'handle' may not have much strength. Mr. Staufer is opposed to further commercializing of Bridge Street and felt that the Council would require more time to come up with a solution to this problem. He urged that the Council consider the FAR or -some sort of vertical zoning where commercial space is on the ground floor. Mr. Donovan commented that he doesn't have the answers to the problem and needs more time to think. He sees the town's responsibility to the. day skier, and further commercialization would push the day skier out. /. November 27, 1973 Page 2 Councilman Steinberg noted the problem of street and parking congestion in the core and agreed that the council would require time to consider the problem and make the correct decision Councilman White stated that he felt the concern is more with how changes of use will affect the core area and the traffic in that area. He sees parking requirements and use requirements as the Town's controls for this problem. He would be interested in some sort of 'use' clause in the zoning ordinance and would like to hear comments from the Bridge Street owners and residents. Councilman Langmaid was in agreement with the councilmembers and felt that vertical zoning was a possibility with shops on the first floor of buildings. A member of the audience commented that one result of commercial area plazas which close after working hours is that these are .areas where people do not live thus do not use for social activities 'after-hours'. Councilman Staufer moved to declare a 60. to 90 day grace period where there will be no parking variances or exemptions granted in the Town of Vail. Mr. Dudley Abbott emphasized the need to deal evenhandedly throughout the town The Mayor asked if there were any objections from the people to have a grace period. Mr. Jay Peterson then questioned the legality of this meeting in dealing with the problem formally. Mr. Dick Elias questioned the method of the Council in arbitrarily determining the 'grace period'. Councilman Steinberg questioned the possibility of setting the date of March 1, 1974, to coincide with the parking structure decision. It was decided that this could be handled as a public.policy decision by the council, and Mayor Dobson recommended that the council not grant any variances for a period of approximately 60 to 90 days. Mr. Peterson stated that he felt there would be difficulty arising if the Council made a motion regarding the granting of variances at this meeting. He recommended more public coverage and publicity of all actions taken by the council. Mr. Robinson, town attorney, recommended that the council act as informally as possible on this issue. Change of use questions would not be affected by not granting variances if no further parking would be required to change said use, i.e. no additional square footage needed: It was generally agreed that 90%0 of the situations that would arise would be covered by this policy statement. Councilman Staufer's former- motion was retracted , and a policy statement was made by the Mayor to the effect that during a period of approximately 60 days, the planning and zoning commissions should come before the council with recommendations regarding the parking situation in commercial core one. Councilman White was of the opinion that there should be more concrete action taken to make certain that the zoning ordinance is.a legal document. Mr. Robinson said that in his opinion variances are not a right of the applicant. Councilman Donovan felt very strongly that the council must have a legal right not to grant variances. A member of the audience commented that in his opinion the problem was of a change of use nature, but that the parking variance question is merely a handle for this. Mr. Robinson was of the opinion that to prohibit someone from a change 'from one use to another, a stronger statement must be made by the council. Mayor Dobson stressed the council's desire to act in good faith. The problem is scheduled to be discussed at the next regular meeting to decide haN this will be dealt with fairly. Mr. Elias reminded the council that the planning commission has been against 80% of the variances granted recently. November 27, 1974 Page 3 The opinion of the council must be made public and available to the com- munity at large. Mayor Dobson replied that the recommendations of the planning commission cannot be taken 'carte blanche'; its position is an advisory one. It is not legislative in nature. The Charter of the Town of Vail states that the council must be the legislative body. He noted that the two groups will meet jointly to further discuss the problem. As there was no further business, the meeting was adjourned at 9:15 PM. Respectfully submitted, Rosalie Jeffrey Town Clerk • SUMMARY SPECIAL MEETING TOWN COUNCI U OF THE TOWN OF VAI L DECEMBER 3, 1973 The Town Council of the Town of Vail decided to authorize Terrell J. Minger to proceed with the signing of a contract with Pre -Stress of Colorado. Said contract is to be terminable by the Town of Vail any time between now and March 1, L974, with the understanding that the Town will be responsible for the cost of any and all work that Pre -Stress has done up to the time of termination. A unanimous vote was cast in favor of this proposal. There were five council members present: Messrs. Dobson, Staufer, Langmaid, White and Ms. Klug. Absent councilmen were later polled. Both Councilman Donovan and Councilman Steinberg voted in favor of the proposal. The contract with Pre -Stress of Colorado and the contractual arrangement with Hyder Construction Company and James Ream shall not be subject to termination after March 1, 1974. Town Clerk