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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. MINUTES NOVEMBER 19, 1974 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. 1 ti Mayor ATTEST: dwta) Town Clerk V U •