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HomeMy WebLinkAbout1976-02-10 Town Council MinutesMINUTES • SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY 10, 1976 The special meeting of the Town Council of the Town of Vail convened at 7:30 P.M. on Tuesday, February 10, 1976, in the Council Chambers of the Vail Municipal Building. Mayor John Dobson and the following council members were present: John Donovan Bill Heimbach Kathleen Klug Bob Ruder Joseph Staufer Bill Wilto Also present were: Gene Smith, Special Town Attorney Larry Rider, Special Counsel Mayor Dobson called the meeting to order and then explained that the purpose of the special meeting, which had been adver- tised in the local paper, The Vail Trail as shown in the attached document, was to adopt an ordinance to impose zoning districts on the Lionsridge area annexed to the Town and to amend the Offi- cial Zoning Map and to adopt ordinances creating three Special Development Districts. Mayor Dobson outlined the procedure for discussion; staff will present a report, public statements will be invited, and then the council will comment and take action. Jim Lamont, head of the Community Development Department for the Town of Vail, stated that the provisions for public hearings are provided for in the Town of Vail Zoning Ordinance Sections 21400 and 21500: that according to those provisions a preliminary hear- ing had been held prior to the annexation election on December 4, 1975. On January 22, 1976, the Planning Commission made recommen- dations to the council on these ordinances. Tonight's meeting is to introduce and have the reading of three special ordinances and an ammendment of zoning map, A second hearing is scheduled to be held on March 2, 1976. Mr. Lamont then read the Zoning Ordinance section 1.100, points 1 through 11. Tile Town Council and the Planning Commissions attitude on imposing zoning on newly annexed territory was explained: Vail Village and Vail Lionshead are high density commercial and residential centers with outlying areas being of low density residential and agriculture. Two points of concern were stated in regard to future development; impact of development on existing environment and urban services. Diana Toughill of the Community Development Department for the Town of Vail showed maps and described the location, size, and the Plan- ning Commission's recommended zoning for the property, noting that different densities and uses were color coded. Jim Lamont stated that his procedure would be to go through each of the three special development districts and explain the original zoning and then the Planning Commission's recommended zoning and explain the "why" MINUTES . SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY 10, 1976 PAGE 2 ORDINANCE NO. 5-76, pertaining to the establishment of a Special Development District 4 and amending the zoning ordinance and the official zoning map, was introduced on first reading. Paul Schlauch (last name not distinct on tapes), attorney, was present as re- presenting Gore Creek Associates, and stated that he was prepared to abide by the judgement of the planning Commission as he felt the recommended zoning revisions were as his client understood that they would be. He anticipated that his client would return as they pre- pared specific development plans to request variances to allow their project to develop reasonably, Mr.Schlauchpresented a legal document to Larry Rider, Special Councel to the Town of Vail, and described to the public in layman's terms, its contents. Mayor Dobson asked Mr. Rider to be prepared to again explain to the council when it came time to vote, what the document was saying. . There was a request from the audience to the Mayor that the minutes from the Planning Commission Hearing of November 26, 1975, and the minutes from the Council Meeting of December 4, 1975, be made part of this record as it would make staff presentations from those meet- ings part of the official record. Bill Lamont, private consultant to the Town of Vail, expressed the opinion that all steps, drafts, phasing, of proposals have gone through preliminary work that couldn't always be included with each presentation. Councilman Donovan spoke at some length on his philosophy and the one he hoped the Council would adopt towards density transfers. To make his point clear he asked Jim Lamont to explain density transfer using specific property and numbers. Councilman Staufer expressed concern over the Town solicitying support for annexation and then immediately using that same property to imple- ment a new policy on density transfers. Discussion ensued regarding the philosophy of how to deal fairly and equally with different devel- opers. • Mr. Rider went over the proposed amendment, referring to specific pages of the document which the council had, explaining the different points that had been discussed. moved Councilman Donovan/that Ordinance No. 5-76, as amended, as outlined by Mr. Rider, be approved upon first reading; Councilman Wilto seconded the motion; all present voted aye with the exception of one; and the motion carried. ORDINANCE 6-76, an ordinanceestabiishing Special Development District 5 and amending the zoning ordinance and the official zoning map, was introduced on a first reading. This involves property owned by Lions - ridge Limited. Jim Lamont defined the location, size, and presented a legal document which summarized the Planning Commission's review and recommendation of proposed ordinance. Some of the proposed zoning was used to describe the generally philosophy towards the development of the district. Mr. Rider questioned the council as to whether or not they had received the ordinance prior to the meeting, hoping to reduce the time needed to go over it point by point. MINUTES SPECIAL MEETING • VAIL TOWN COUNCIL FEBRU'.:ARY 10, 1976 PAGE 3 An attorney for the property owners presented their development plans for the property which they had developed in compliance with the ori- ginal zoing, pointing at specifics which don't comply with the proposed ordinance. He concluded by saying that he was not able then to accept the proposed ordinance, pointing out that his client had assumed that the town staff's zoning recommendations,when asking for support for the Lionsridge annexation, had been the model for the final zoning process. He suggested alternative zoning which would arrive at the same planning goals but would also allow his client to develop their property as they had planned. LONG SECTION WITH NOTHING AUDIBLE. The council responded to the lawyers presentation. The council was • divided on their position. Mayor Dobson stopped the debate. Mr. Rider said that the council must amend or revise the special district ordinance before they could proceed to the traditional zoning, A motion was made and seconded, (actual motion not audible) and a roll call vote was taken but not audible as to replies; outcome inaudible. ORDINANCE 7-76, an ordinance establishing Special Development -District 6 and amending the zoning ordinance and the official zoning map, was presented on first reading. Vince Turner, an attorney representing the property owner and developer, stated that he didn't feel authorized to agree to the proposed ordinance in whole; that development area A was acceptable but development area B was not. Mr. Rider and Mr. Turner discussed the legal course of action in such a situation. It was moved (inaudible by whom) that Lots 6,7,8,9, and a portion of 10, Block C, .. ..(reaaing part of motion inaudible); Councilman Donovan seconded the motion; a vote was taken but specifics were • inaudible; and Mayor Dobson stated that the motion stands opposed. Inaudible portion; Mayor Dobson entertained a motion to approve unheard recommendation; Councilman Wilto made the motion as stated; Councilman Donovan seconded it; all present voted in favor of the motion; and the motion passed, Steve Mullen, President of Mountain Properties, which is the main developer of A-3 accepted area and the area above it, spoke as to the developer's plans and presented an architect with their preliminary sketches. The council raised the question of the policy of discussing zoning for proposed development when the developer doesn't presently own all the property involved. The council stated that they felt they were obligated to zone each parcel based on the facts they presently had but encouraged any developer to return with a specific proposal after he owned the property. Specifically, then the council would consider making a special development district out of parcels A-1 and A-2. It was moved to zone A-3 in the Lionsridge annexation as agricultural as recommended by the Planning Commission, (inaudible as to by whom); Councilman Donovan seconded the motion; a vote was taken but ayes and nayes were inaudible; and the motion passed. Several councilpersons wanted to again encourage the developer to re- turn with his specific proposal at which time discussion could open. MINUTES . SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY 10, 1976 PAGE 4 A motion was made and seconded to zone A-1 and A-2 residential cluster, (specific motion and by whom inaudible); all present voted in favor; and the motion passed. Councilman Donovan moved to zone, specifics inaudible, the 9 acres agricultural; the motion was seconded by (inaudible); all present voted in favor; and the motion passed. Mr. Lamont presented A-8 and A-9, describing the amount of acreage in each parcel, the owner's request for zoning, and the Planning Commission's recommendation for zoning. Councilman Donovan moved that A-8 and A-9 be zoned residential cluster, (much of motion inaudible); Councilman Ruder seconded • the motion; all present voted in favor; and the motion passed. Councilman Ruder moved to zone A-7 low density multi family; Councilwoman Klug seconded the motion; all present voted in favor; and the motion passed. Mr. Lamont presented the property owned by Nottingham, described its present development status, and gave the Planning Commission's zoning recommendation. Discussion inaudible. Councilman Donovan moved that parcel (inaudible) be zoned agri- cultural; the motion was seconded by (inaudible); all present voted in favor; and the motion passed. Mr. Lamont presented B-1 and B-2, Snow Lion, describing the amount of acreage in each parcel, the present development status, and the Planning Commission's zoning recommendation. Council comments inaudible.. Councilman Donovan moved to zone it as recommended by the Planning Commission; Councilman Staufer seconded the motion; all present • voted in favor; and the motion passed. Mr. Lamont presented Sandstone 70, owned by Dudley Abbot, described the size of the parcel, site development status, the owner's zoning request, and the Planning Commission's zoning recommendation. Discussion followed. A presentation either by the owner or counsel representing the owner (inaudible) included the proposed development of the site. Discussion followed regarding the owner's request and the Planning Commission's recommendation, the problem of such a radi- cal difference of zoning densities provoking much comment. A motion was made, (by whom and specific motion inaudible), to zone parcel in question low density multi family; Councilman Donovan seconded the motion; voting was interrupted to again discuss the ethics of leading an owner to believe one thing as to the future zoning of a parcel and then reducing the density in the final pro- posal; a roll call vote was taken (inaudible); and the outcome of the vote in inaudible. Mr. Rider proposed a motion for summary: Ordinance No. 7-76, as amended by the following: 1. Changing all references therein from 40 Lots C-6 though C-11 consisting of 8.84 acres to Lots 11 and the S.E. portion of Lot C-10, consisting of 2.54 acres 2. Changing all references in Ordinance No. 7-76 to development area A to S.D. 6 3. Striking all references in Ordinance 7=76 to development area B 0 MINUTES SPECIAL MEETING VAIL TOWN COUNCIL FEBRUARY 10, 1976 PAGE 5 4. Striking all references in Ordinance No. 7-76 as to requirements of an approved development plan 5. Amending Ordinance No. 7-76 as to the establishment of businesses (inaudible)... property of develop- ment is presently existing and there will no further development thereon. Mr. Rider's outline was moved for approval (inaudible as to by whom); seconded by Councilman Heimbach; all present voted in favor; and the motion passed. Councilman Heimbach moved for the adoption of Ordinance No. 7-76 as amended; Councilman Donovan seconded the motion; all present voted in favor; and the motion passed. Mr. Lamont presented (inaudible) which he did in block, describing the acreage of the sites, present development status, and the Planning Commission's zoning recommendation. Councilman Donovan moved to adopt (inaudible) as outlined by Jim Lamont tonight and as recommended by the Planning Commission; Councilman Staufer seconded the motion; all present voted in favor; and the motion passed. Mr. Lamont present the McAllister parcel, (specifics inaudible). Councilman Wilton moved to accept the recommendation of the Planning Commission; Councilman. Donovan seconded the motion; all voted in favor with the exception of Councilman Ruder who abstained; and the motion passed. Councilman Heimbach moved to approve the zoning district maps with the amendments as to Lots C-1 through Lots C-5 from Special Develop- ment District No. 5 to res. clusterC-6 through C-9, from Special Development District No. (rest inaudible): Councilman Donovan seconded the motion: a roll call vote was taken; Councilman Staufer, yes; Councilman Donovan, approve; Councilman Heimbach, approve; Councilwoman Klug, approved with the exception of extension of C-6 through (inaudible); Councilman Wilto, (inaudible response), with the (inaudible) piece of property belinging to (inaudible): and the motion passed with the exception noted. Mr. Rider then read the Ordinance No. 4, series of 1976, (inaudible); Councilman Heimbach moved acceptance; Councilman Staufer seconded the motion; all present voted in favor; and:the motion passed. As there was no further business, the meeting was adjourned at 2:30 a.m. -0 ATTEST: Town C erk PUBLIC NOTICE In accordance with the provisions of the Home Rule Charter for the Town of Vail, notice is hereby given that a vacancy will be filled on the Planning Commission for the Town of Vail. Applications should be submitted in a written form to the Town Clerk by any interested parties on or before the lst day of March, 1976. Dated this llth day of February, 1976. TOWN OF VAIL By '64A4le- 1#11, Town Clerk _ Published in the Vail Trail neswpaper on February 13, 1976. • SPECIAL MEETING NOTICE IS HEREBY GIVEN that there will be a Special Meeting of the Town Council of the Town of Vail, Colorado, on Tuesday, February 10, 1976, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. The purpose of the Special Meeting is to adopt an ordinance to impose zoning districts on the Lionsridge area annexed to the Town and to amend the Official Zoning Map and to adopt ordinances creating three Special Development Districts. Any interested parties are encouraged to attend this Special Meeting. I)W-Mayor ATTEST: -AV 0' • ! PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. COUNTY OF EAGLE I I, , vvw i '` %� do solemnly swear that I am of THE VAIL TRAIL; that the same is a weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of I consecutive insertions; and that the first pubication of said notice was in the issue of said newspaper dated �Prt�v�f<y '7-`. A.D. 197� and that the last publication of said notice was in the issue of said newspaper dated N11A.D. 1926 In witness whereof I have hereunto set my hand this u� %day of � C��A--*' '% A.D. 192L/T Subscribed and sworn to before me, a notary public in r the ouG' my of Eagle, State of Colorado, this Oi /IG� day of /MM_ foA.D. 19_2� Notary Public My Commission expires