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HomeMy WebLinkAbout1973-03-07 Town Council Minutesr .r. MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VAIL MARCH 7, 1973 A special meeting of the Town Council of the Town of Vail was convened at 10:15 a.m., March 7, 1973, in the Conference Room of the Vail Municipal Building. Mayor John A . Dobson and the following Councilmen were present: Richard Bailey John Donovan Josef Staufer Tom Steinberg (present for the last portion of the meeting) Gerry White Also present were: Terry Minger, Town Manager Jim Lamont, Administrative Assistant Diana Toughill, Zoning Administrator Bob Clark, Chairman, Planning Commission Hans Weibel, Member, Planning Commission Jen Wright, Member, Planning Commission Mr. Clancy, a developer, was present to request that his firm be allowed until July 1, 1973, to submit working drawings. Councilman White expressed his opinion that the Council is especially concerned• about a third core, which. is Mr. Clancy's project. It would be desirable that the new zoning ordinance be applied to this project. Mr. Clancy stated •that the new zoning ordinance will not address itself to his project, as, in his opinion, the project requires a P.U.D. approach, which the new ordinance is not anticipated to.provide. Mr. Minger noted that he had doubts about this omission and the matter is not yet settled. In regard to the current ordinance, Mr. Clancy's project deviates in that one building may cross zone lines, in that the parking for one zone may be in another zone and in some of'the setback requirements. He was of the opinion that they would need a variance either under the new or old ordinance. Agreement was reached to meet with Mr. Clancy's group on Friday, March 9, at 4:00 p.m. In regard to the Hibberd Village Centre project, Councilman Donovan stated that the height of the building was unacceptable, especially at the entrance to the village. Mr. Hibberd replied that he had already sold units on all floors; also, that the building is almost two stories below grade, thereby minimizing the appearance of height. He indicated that he is willing to build a park on a portion of his Land. Councilman White concurred that the height might be offensive; however, he doubted that the Council has the power, to require into be changed. Councilman White moved that Village Centre, Building B, be approved, conditioned upon cooperation in following the recommendations of the Town staff; Councilman Bailey seconded; Councilmen Staufer and Donovan voted against approval; Councilmen White, Bailey, and Dobson voted in favor of approval. The motion carried. The applicability of the proposed recreation fee to projects given approval would depend on the point at which the ordinance provided for •the fee to be assessed. The general concensus was that it would be assessed at the time the building permit is issued. However, in any case, it could not be written so as to apply to Mr. Hibberd's project as his plans have been checked and are ready for a permit. Mr. Hibberd had some suggestions in regard to this fee: 1 . the floor area should be the area within the perimeter walls of the unit; 2. the charge for residential construction should be 20 cents the first year and 30 cents thereafter; 3. for commercial construction the fee should be 50 cents the first year and 75 cents 'thereafter; 4, the land cost should be excluded from the credit provision unless the land is in a dedicated public park, in which case 75% of the land cost to the developer should be given credit; 5, the up-to-50% of the fee credit should be on a dollar for dollar basis; 6. the items that are given credit should be listed and specified, even as to costs; the monies should be allowed to be used for transportation; 7. the Town Council should not be as direct[y involved In the determination of credits as the ordinance. implies. Mr. Hibberd indicated that he would agree to pay a 50 cent assessment the First year and 75 cent assessment the Following years. Further discussion brought out.. 1. that the developer should be allowed 9 months to pay the assessment in Full and 2. that there is a 20/ difference in the floor area proposed in the ordinance and the definition of floor area offered by Mr. Hibberd. Councilman Bailey asked that Mr. Hibberd put his agreement to pay the recreation fee into writing; Mr. Hibberd agreed to do this. Next on the agenda was the Montaneros Phase II project. Ms. Toughill noted that Mr. Jim Pierce had basically agreed with the staff recommendations. In response to the recreation fee, an attorney for the group noted that the prices have already been listed with the SEC and this might make it difficult to change them to reflect the added assessment. Mr. Minger.noted that this group is 3. or 4 weeks from the building permit stage. After,some further discussion, the representative for the group noted that they substantially agree with the recom- mendations and will respond more definitively within a couple of days. Council- man White moved that the project be approved and the staff instructed to 10 continue negotiating with them for the achievement of the recommendations. Mr. Lamont noted that if a major conflict occurred over the recommendations, the Council would be consulted. Councilman Bailey seconded the motion. Councilmen Bailey, Donovan, Staufer, White and Dobson voted in Favor, the motion carried. Mr. John Eden, representing Villa Cortina, noted.that they have just finished working drawings and are 4 or 5 weeks from a building permit; hence, they would come under the recreation fee. Mr. Lamont noted that an additional recommendation was for a drainage system at the property owners' expense. Councilman Staufer moved that Villa Cortina be approved with continued negotiation of the recommendations; Councilman Bailey seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. In regard to the Lionshead Lodge addition, Mr. Lamont noted .that an additional. recommendation was to eliminate four.parking spcaes and provide more land= scaping at the entrance to.the.buildi.ng. Councilman White moved that Lionshead Lodge addition be approved with negotiation on the recommendations, especially parking. Councilman Staufer, seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried: John Eden explained that Phase 1 of the Tennis Club was designed for heavy summer use; hence, the plans were to complete the drawings in the summer and build through the winter. He asked whether Phase 1 would come under the new ordinance in this case. Councilman White suggested that the new ordinance would not enforce many changes in this project. Councilman Donovan noted that it would be difficult to make exceptions to the June 1 deadline. It was suggested that if there are substantial changes in theplans, they be presented for design review again. Mr. Lamont explained that the representatives of Vail International have reacted favorably to the staff recommendations. A pedestrian bridge that had been mentioned would have to be approved by the Council as it would be. on tract land. Councilman White moved that the Vail International be approved with staff negotiation of the recommendations; Councilman Bailey seconded; Councilmen Bailey, Donovan, Staufer, White and Dobson voted in favor, the motion carried. -2- Prior to the consideration of Snowbird Lodge, .Councilman Steinberg joined the meeting. Councilman Staufer moved Snowbird Lodge be disapproved on the grounds that it exceeds the F.A.R. , that it needs a parking variance, and also a setback variance. It was explained that the building does not exceed the F.A.R. if the interpretation is made that the conference rooms in the base I& ment are not included in the floor area; an interpretation given by Mr_. Minger and Mr. Robinson. Councilman Donovan seconded disapproval on the basis that the proposed deck area is a fire hazard. There were varying opinions as to whether the deck area is an integral part of the building; whether its removal would impede the functioning of the building. Another point of discussion was whether the Board of Appeals had the power to grant a variance from the Uniform Building Code; the determination would depend on whether the interior court yards are considered to be public ways. A further point of discussion was whether it is logical to deny this project on the basis of lack of parking when other projects are being asked to remove required parking to improve their projects. It was also suggested that they could easily solve their parking deficiency by removing the conference areas and converting them to parking. In regard to the question of whether the mall area is a public way, the interpretation of the Building Department is that it is not, as it. is not dedicated land. After some further discussion, Mayor Dobson suggested that the project could be denied until the problems discussed were solved;. he also suggested that the letter of denial should spell out the various .legal and physical problems which exist. A motion was already on the floor to deny the project; the basis was clarified as being set backs, parking and the proposed deck. Councilmen Steinberg, White, Staufer, and Donovan voted for the motion and against the project;. Councilman Bailey voted against the motion and for the project. The motion carried. In regard to the proposed addition to the. Conoco station,:, Councilman Staufer suggested that the landscaping requirement should be as rigid as possible in order to achieve the improvement of the entrance. to Vail. Councilman Steinberg suggested that the Conoco company be required to put in writing that they will follow the landscaping plan the Town requires. It was also sug- gested that perhaps they should share some of the costs of planning their landscaping. Additional suggestions were to obtain in writing that the illegal roof sign will be removed and that the garbage storage area will be hidden. Councilman White moved that the Conoco station addition be approved with continued negotiation by the staff on the recommendations; Councilman Donovan seconded; Councilmen Bailey, Donovan.. Staufer Steinberg, White and Dobson voted in favor; the motion carried. In regard to the Snowbird condominiums, it was agreed -that the planners • should consider this project and hence, a decision will not be made for a few days. Mr. Minger explained that, in regard to the parking structure, decisions must be made by May 1 . He suggested that the project be done by negotiated contract" with Mr. Hyder rather than a bid situation. Councilman Donovan moved that Mr. Minger be authorized to negotiate with Mr. Hyder; Councilman Staufer seconded; approval was unanimous. After some discussion, Councilman Staufer moved that condemnation proceedings be initiated for the Antholz property. Mayor Dobson cautioned that there are . good reasons for trying to obtain outright sale: 1 . the timetable is difficult in condemnation; and 2. there may be problems with the ways in which the land, may be used if condemned. Of course, the filing of condemnation is not an irrevocable action. Councilman White seconded the previous'motion; approval was unanimous. As there was no further business, the meeting adjourned at 12:45 p.m. Town Clerk