HomeMy WebLinkAbout1974-11-19 Town Council Minutes16 MINUTES
REGULAR MEETING
TOWN COUNCIL OF THE TOWN OF VAIL
NOVEMBER 19, 1974
A regular meeting of the Town Council of the Town of Vail, Colorado,
convened at 8:00 P.M. on Tuesday, November 19, 1974, in the Council
Room of the Vail Municipal Building.
Mayor John Dobson and the following councilmembers were present:
John Donovan
Tom Steinberg
Kathy Klug
Josef Staufer
Joseph Langmaid
Others present were:
Terrell J. Minger, Town Manager
Gene A. Smith, Town Attorney
James F. Lamont, Director of Community Development
With regard to a zoning request from Mr. and Mrs. Vitus Germann for
their property in the newly annexed portion of Bighorn, Jim Lamont
explained that the parcel of land comprises .54 acres and is contiguous
with the Oliva property, also under study, which comprises .65 acres.
The original Town of Vail proposal was Residential for the Oliva property
and LDMF for the Germann property. The owners' proposal was MDMF for
Oliva and LDMF for Germann. The Planning Commission proposal was Residential
for both parcels. The.Germanns would like to build 4 units on their
property as would be permitted under LDMF. The staff recommendation was that
LDMF zoning on the whole parcel would not have an adverse effect on the
neighborhood and would, therefore, be acceptable. Mr. and Mrs. Germann
were present and commented that LDMF zoning would be acceptable to them.
Councilwoman Klug moved to zone the Oliva and Germann parcels as LDMF;
Councilman Langmaid seconded the motion; Councilman Donovan opposed the
motion; Councilmembers Steinberg, Klug, Staufer and Langmaid voted in
favor; and the motion was approved.
Resolution No. 23, Series of 1974, a resolution adopting a new zoning
map for the Town of Vail was introduced by the town attorney. The purpose
of this resolution is to update past additions to the zoning map. This
map excludes the newly annexed area of Bighorn which will be adopted
separately by the ordinance which imposes zoning on Bighorn. Councilman
Staufer moved to approve; Councilman Steinberg seconded the motion; the
vote was unanimous in favor; and the motion carried.
Ordinance No. 24, Series of 1974, AN ORDINANCE CREATING A RESIDENTIAL
CLUSTER ZONING DISTRICT FOR THE BIGHORN AREA, was introduced as an emergency
ordinance. Councilman Donovan moved to approve the ordinance; Councilman
Staufer seconded the motion; the vote was unanimous in favor; and the
motion carried.
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REGULAR MEETING PAGE 2
TOWN COUNCIL
Ordinance No. 25, Series of 1974, AN ORDINANCE REGARDING THE IMPLEMENTATION
OF SPECIAL DEVELOPMENT DISTRICT 3 IN THE BIGHORN AREA, was introduced on
first reading. Counsel for Bighorn Junction, Ltd., Ron Landeck, Esq.,
stated that page 11 of the ordinance is not in accordance with the most
recent Planning Commission decision with regard to the number of the units
allowed on the property. The town attorney explained that SD3 is to be
composed of Development areas A, B & C. As reworked by the Town Council,
Developments A & C will allow 12 units per acre. Mr. Landeck stated his
willingness to discuss the matter further with regard to the reduction in
the number of units. He remarked that in recent public hearings there has
been no public disapproval of Bighorn Junction's proposal, which integrates
Residential and Commercial uses. Mr. Landeck requested that the original
plan as approved by the Planning Commission be considered further by the
Town Council and noted that his client would at this time, without notice,
be unable to consider a 25% reduction in the development plan. Councilman
Donovan referred to the Environmental Impact Study as an impartial study
which indicates that property owners prefer lower density. The consensus
of the council was for lower density with the exception of Councilwoman
Klug who felt it would be unfair after months of study to reduce density when
no one has objected to it. Councilman Langmaid stated that he previously voted
for 16 units per acre and would not go back on his word, although he might
prefer lower density. Councilman Donovan commented that commercial zoning
does not require that higher density zoning surround it. Other lots in the
area are not zoned as high as the Bighorn Junction, Ltd.'s proposal.
Mr. Landeck asked to go on record as opposing the substituted Page 11 and
would not request approval of the SD3 document. Mr. Minger then asked Mr.
Landeck if his client would consider the document binding. Mr. Landeck
replied that he did not have an opinion and did not know enough about it
to comment. Mr. Minger stated that the real crux of the issue is whether
the document is binding or not. He and the town attorney are of the opinion
that it may not be binding on the.developer,.but that the problem before the
council is that according to state statute a decision on the zoning must
be made tonight. Since the council is at an impasse, a decision must be
arrived at. The town attorney stated that since the special development
district request was made by the developer, he doubts it would be binding
on them at 12 units per acre since their request was for 16 units per acre.
The Zoning Ordinance does not specifically state that a contractual document
of this sort is binding. The town attorney stated that the Town is legis-
lating an entire development in this particular case. The creation of this
type of zoning differs from the traditional zoning and is a legislative
type of contract, according to the town attorney. Councilman Donovan then
proposed LDMF zoning for the entire project. Counsel for Bighorn Junction
stated that his client would be opposed to that zoning and would consider
it a breach of contract. Mr. Minger, Mr. Landeck, and Mr. Smith then
retired to executive chambers to discuss the matter further.
Ordinance No. 27, Series of 1974, AN ORDINANCE MAKING SUPPLEMENTAL APPRO-
PRIATION FOR THE PURCHASE OF A TOW TRUCK, was introduced on first reading.
Councilman Steinberg moved to approve the ordinance; Councilman Donovan
seconded the motion; the vote was unanimous in favor; and the motion
carried.
With regard to the Blue Cow's request for a parking variance, Councilman
Donovan moved to grant the Blue Cow a parking variance for the period of
one year to allow them time to purchase additional land for parking spaces;
Councilwoman Klug seconded the motion; Councilman Staufer abstained from
the vote; Councilmembers Donovan, Klug, Steinberg, and Langmaid voted in
favor; and the motion carried.
Regarding Poor Richard's request for a conditional use permit and for a
parking variance, Mayor Dobson asked for discussion by the Council.
Councilman Staufer felt that the real question was whether or not the
building should be changed from Public Accommodations zoning to office
use, and he felt that it should not be changed; that people are more
desirable around the lift areas than offices. Councilman Donovan felt
MINUTES NOVEMBER 19, 1974
REGULAR MEETING PAGE 3
TOWN COUNCIL
the Council should abstain from making a decision until it is ascertained
how the parking structure will influence the area around Poor Richard's.
Councilwoman Klug felt the PA zoning in that area should not be changed.
Councilman Steinberg felt that granting the conditional use permit would
establish a precedent for changing more PA zoning to office use. Council-
man Langmaid stated that he had previously agreed to the conditional use
permit and that he would continue to agree if Vail Associates offers to
give Poor Richard's additional parking. Mr. Claude Martin reiterated that
he has been unable to make the dormitory accommodations a feasible business
venture. Councilmen Staufer and Steinberg suggested that the building be
used for employee housing as it had been originally. Mr. Martin contended
that such use was also unfeasible. Councilman Donovan moved to deny the
conditional use permit and parking variance; Councilman Steinberg seconded
the motion; the vote was unanimous in favor; and the motion to deny was
approved.
A citizen interest group was present to protest the parking structure rates
for locals. Mayor Dobson explained that the structure had cost in excess
of $5,000,000.00 and that the rates could not be reduced. He also explained
that the bus system had been expanded.
A short recess followed.
Upon reconvening, Mr. Smith explained that he, Mr. Minger, and Mr. Landeck
had agreed while in chambers that the Council should approve Ordinance No.
25, Series of 1974, regarding SD3 zoning for Bighorn Junction, Ltd. on first
reading, subject to review and approval on second reading. He also suggested
that the developer should be aware that the 16 unit density probably would
not be approved on second reading. Councilwoman Klug moved to approve
Ordinance No. 25 as it stands on first reading; Councilman Langmaid seconded
the motion; the vote was unanimous in favor; and the motion carried.
Ordinance No. 26, Series of 1974, AN ORDINANCE TO IMPOSE ZONING DISTRICTS ON
THE ANNEXED BIGHORN AREA, was introduced on first reading. Councilman
Staufer moved to approve the ordinance; Councilman Steinberg seconded the
motion; the vote was unanimous in favor; and the motion carried.
Presentation of long range Capital Improvement Plan and special sales tax
allocation was deferred until the time of first reading on the 1975 Budget
Ordinance.
Regarding consideration of the voucher list for September, 1974, Councilman
Staufer moved to approve the voucher list; Councilman Steinberg seconded
the motion; the vote was unanimous in favor; and the motion carried.
The Town Manager then explained that the top level of the parking structure
was now open for free parking, but deferred his report on the licensing of
food handlers within the Town of Vail until the next regular meeting of the
Council.
With no further business, Councilman Donovan moved to adjourn; Councilman
Staufer seconded; the vote was unanimous in favor; and the motion carried.
The meeting was adjourned at 12:00 midnight.
LIQUOR LICENSING AUTHORITY
After a brief recess, the Liquor Licensing Authority convened at 12:I5 a.m.
With regard to consideration of Liquor License renewals for 1975, Councilman
Donovan moved to renew all five licenses under consideration: the Lodge at
Vail, the Lionshead Liquor Store, Alains Creekside Cafe, Kancolo, Inc. (dba
Bully III), and four Vail Associates restaurants; Councilwoman Klug seconded
the motion; the vote was unanimous in favor; and the motion carried.
MINUTES
REGULAR MEETING
TOWN COUNCIL
NOVEMBER 19, 1974
PAGE 4
With regard to a request from Kancolo, Inc. DBA Bully III concerning
a change of stockholders addendum, Councilman Staufer moved to approve
the change; Councilman Donovan seconded the motion; the vote was
unanimous in favor and the motion carried.
As there was no further busine�$; the liquor licensing authority
adjourned at 12:30 A.M.
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Mayor
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Town Clerk V U
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