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HomeMy WebLinkAbout1976-03-02 Town Council Minutes• MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:30 P.M. on Tuesday, March 2, 1976, in the Vail Municipal Building Council Chambers. 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, Specil Town Council Larry Rider, Town Attorney Terrell J. Minger, Town Manager Sam Maphis, Briscoe, Murray, Maphis, and Lamont Eldon Beck, Royston, Hanamoto, Beck & Abbey Gordon Pierce, Pierce Briner & Fitzhugh Scott Architects & Planners (The tape began after the official opening of the meeting) Jim Lamont, of the Community Development Department of the Town of Vail, introduced the meeting as the second Public Hearing on the Lions Ridge Annexation, there being two special development dis- tricts to consider. Special Development District No. 4 discussion was begun by Paul Schlauch, the attorney representing Koebel and the Gore Creek Associates, the partnership that owns the property in the proposed district. He offered two very technical amendments to the ordinance. He also questioned the council for clarification of a few specific • points in the Special Development District: he read the points and gave his own interpretaion and wanted confirmation as to whether the intent was as his client interpreted. His concerns involved paragraphs K, L, and M, pages 9 and 10. Mayor Dobson spoke into the record in response to the specific inquiries; 1. Regarding the semantics of "limited partnership", "there's no problem". 2. Regarding paragraph K, subparagraph 2; "the developer shall improve in the building construction energy and water conser- vation controls as general technology exists at the time of construction": Mr. Schlauch wanted clarification of general technology. Mr. Rider, Town Attorney, spoke for the council saying that their concern was to get as good of construction for water and energy as possible. 3, Regarding paragraph L, subparagraph 1-A; "the developer is required to provide a bike and pedestrian path": Mr. Schlauch interpreted this to mean that the developer dedicate or pro- vide an easement or a right-of-way, or in the alternative, provide the full amenity but in return, receive an amenities • tax credit for that. Mayor Dobson confirmed, saying "if the developer made the improvement, the credit would be applicable. If he chose not to, the easement will be provided and the Town would make the improvement". MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 2 4. Regarding paragraph M, subparagraph l; "the developer shall provide adequate transportation services to users and guests of the development as to transfer them from the development to the village core area, etc,": Gene Smith agreed that the word- ing was not clear enough so Diana Toughill, of the Community Development Department, and Paul Schlauch met and Mr. Rider approved and the wording was changed to read; ""developers shall provide adequate private transportation service, etc", the insertion of the word "private" being the only change. Councilman Heimbach moved to approve Ordinance 5-76 on second reading; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried, • ORDINANCE -76, an ordinance amending the official zoning map of the Town of Vail and imposing zoning districts on the Lions Ridge area annexed to the Town, was presented on second reading. Councilman Wilto moved to approve the ordinance; Councilman Heimbach seconded the motion; all present voted in favor with the exception of Councilwoman Klug who abstained; and the motion carried. Mr. Rider suggested that since there have been no changes since the first publication of the ordinance that it might be published by title only. A member of the audience challenged that it was published in full the first time, Mr. Lamont supported that challenge; and Mr. Rider withdrew his suggestion since the ordinance has to at least once be printed in full. The formal motion made to accept Mr. Rider's suggestion was withdrawn. ORDINANCE No. 4-76, an ordinance amending the official zoning map of the Town of Vail and imposing zoning districts on the Lions Ridge area annexed to the Town, was presented by Mr. Lamont on second reading. Stu Brown, attorney, spoke representing the following owners of land in the area which is subject to this zoning ordinance: Courchevel, Lot B-1 and B-2, Willis Nottingham, Lot A-7, Lot A-8 for Leo Payne, and Lot A-9 for Dean •` Knox. Mr. Brown recited, client by client,.their position. .(As much of the proceeding is inaudible or only partially so, an accurate record is very difficult). He summarized all the presentations by saying that the underlying principle to which he refers, is the principle that pertains in all zoning: that unreasonable diminishment in an owner's property with- out justifiable exercise of the police power for the general public good is unreasonable and confiscatory. "This issue will be raised and brought to a non profit forum." He concluded that this was more a notice of intent rather than of any constructive attempt to bring to compromise in any one of these cases at this late date. Joseph Sylvester, representing the Snow Lion condominium owners, twenty-six in all, stated for the record that he does not agree with the comments presented by the previous speaker (Mr. Brown), that he feels the zoning is proper and should proceed as it is proposed. Mr. Rider spoke for the council for the record: he thinks we've dis- cussed a number of times in the Public Hearings the reasons why the council and the Planning Commission have done what they've done and thinksthe record should speak for itself. Ralph Sloan of Colorado Investment Services went -on record.to agree with Mr. Brown: "in the acquisition of the zoning Ordinance in the balance of the Vail Run property I will continue to fight to nullify the annexation to the Town of Vail, and if unsuccessful in that method, I will continue any legal matters necessary to get legal compensation and just compensation for the downzoning of the balance of the Block C development." III III IIIIIII"INNI MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 3 Steve Mullens, President of Mountain Properties, representing Lot A-3, presented a letter from the owners of Lots A-1 and A-2 which gave a right-of-way access through their lots to Lot A-3. Mr. Mullen was requesting equal zoning for the three lots and the architect was supposed to have been present so that the architectural drawings of the proposed development could have been considered. Councilman Staufer spoke in favor of Mr..Mullens' request, remind- ing the council that they had postponed the same request at a pre- vious hearing until a letter of acceptance from the owners of A-1 and A-2 was received; Mr. Mullen's now has it; and the council should be obligated to stand behind their promise. The council discussed changing the zoning on A-3 from agricultural to residential cluster; there was debate as to whether the council would be binding the developer to no future request for density trans- fer or not. Councilman Wilto moved to amend Ordinance 4-76 to provide that Lot A-3 be zoned RC (residential cluster) rather than agricultural; Councilwoman Klug seconded the motion; all present voted in favor with the exception of one nay, Bill Heimbach; and the motion carried. Mayor Dobson entertained the motion that Ordinance 4-76, an ordi- nance amending the official zoning map of the Town of Vail and imposing zoning districts on the Lions Ridge area annexed to the Town, be approved on second reading as amended: Councilman Donovan seconded the motion: a roll call vote was taken (the voting record is mostly inaudible: the best that can be determined is): Council- man Staufer, inaudible; Councilman Klug, approve with the exception of the abstention of the Block C, Lots 6,7,8,9,10, and 11, Lions Ridge filing No. 1; Councilman Heimbach, approve with the exception of the amendment on Lot A-3; Councilman Wilto, approve; Councilman Donovan, . inaudible; and Councilman Ruder, approve with an abstentian on the McAllister, Fleming Lumber, and Willis Nottingham parcels: and the motion carried. ORDINANCE 7-76, an ordinance establishing Special Development District 6 and amending the zoning ordinance and the official zoning map was introduced on first reading. Mr. Lamont presented the history of the development of the project, described the location, and stated the owner's zoning request. Bill Ruoff, the architect for the project, reviewed the architectural drawings, described the existing zoning for the land and the potential development allowable with the present zoning, then presented the alternative project possibilities available with the creation of a Special Development District supported with the proposed building drawings. Eldon Beck of Royston, Hanamoto, Beck, and Abbey, went through the thought process which produced the request for a Special Development District. He recommended approval for the SDD which he clarified as being the permission to proceed in a creative way within the con- straints assigned by this plan, not an endorsement of this specific • plan. Mayor Dobson stated that the Planning and Zoning Committee and the council and the Design Review Board are all very familiar with the project after many formal and informal meetings on the plan; that the Pilanning Commission approved; and the staff recommends approval. Questions from the floor addressed the general zoning philosophy of the Town of Vail. MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 4 Councilman Wilto moved to approve Ordinance 7-76 on first reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. ORDINANCE 8-76, an ordinance authorizing the Town of Vail to make a special endorsement on a $30,000 promissory note fo the Vail Centen- nial Ski Museum, Inc., to accommodate it in obtaining a loan from the Bank of Vail for the Colorado Ski Museum, was presented on first reading. Mayor Dobson added that this is a note that would be signed jointly by the Town of Vail and Vail Associates and will not incur any outlay of cash. Councilman Donovan moved to approve Ordinance 8-76 on first reading; • Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. PRESENTATIONS In regard to the Vail Associates/U.S. Forest Service land exchange proposal, Roger Tilkemeir made a statement on behalf of Vail Associates. He read a letter which had been sent to Terrell Minger and one sent to Mr. Nunn of the U.S.F.S.: VA was asking the Forest Service to hold the documents to provide additional time for VA to further consider the merits of the proposed VA/USFS land exchange. The Mayor said that in view of VA's request and the council's feelings, the TOV is sending the following letter to Ernie Nunn of the Forest Service, the letter meant :that the situation is open for considerably more discussion and no action will be taken by the council without a Public Hearing in connection w1th it. Discussion included a statement from Mr. Nunn who said that the Forest Service will not act on a land exchange until they have support from • the Town of Vail and Eagle County Commissioners. In regard to the I-70 crossing, Mayor Dobson introduced the presentation by saying that a team of professionals have been brought in to help guide the project. Mr. Minger went over the history of the highway crossing development, described plan options on how to proceed with the planning and the consequesnces of difference choices, and gave the names of the professional consultants comprising the design team used by the TOV on the project thus far. In order to meet the deadline,of May 15, 1976, to received the highway funding, the decision by the council on an over or under pass must be made by March 16, 1976. The funding is being provided, 80% by the federal government, up to a total of $350,000, a $250,000 general obligation bond issue voted on by the people of Vail, plus Vail Associates have promised to share any costs over $250,000 on a 50-50 basis. Mr. Minger then read the list of goals and objectives as the design team had drawn them up - I. That we permit pedestrians and bicycles across I-70 between Lionshead and Sandstone 70 and Vail West. 2. That we place emphasis on serving the area resident whoever works, plays, lives in that general area, i.e. elementary school children at the K-4 school, the general public, tourists, etc. 3. That we discourage the use of private automobiles. 4. That we maximize the use of the valley bus system. 5. That we create a significant symbolic psychological sociological tie as well as physical tie between the i MINUTES VAIL TOWN COUNCIL REGULAR MEETING MARCH 2, 1976 PAGE 5 various neighborhoods bisected by I-70. 6. That we create the minimal environmental impact. 7. That we enhance, when possible, the interstate highway corridor. 8. That we physically separate pedestrians and motorized vehicles. 9. That we create and extend the pedestrian and bicycle movement systems and linkage with the rest of the town. 10. That the crossage and linkage tie into the rest of the bicycle trails. 11. That we maintain the fiscal integrity of the proposed budget. 12. That we achieve the best social and consistent desires of the citizens of Vail. 13. That we create a highway crossing that's compatible with the Gore Valley and the unique quality of Vail. 14. That we assure that the safety and well being of the people using the facility receives highest priority and attention. 15. That we create a positive pleasurable experience in cross- ing that is consistent with the unique qualities in the character of Vail. Councilman Donovan moved that the Goals and Objectives as outlined here, 1-15, be adopted as the criterion for arriving at the best possible solution for the I-70 highway crossing; Councilwoman Klug seconded the motion; all present voted in favor; and the motion passed. Mr. Sam Maphis presented the highway departmentrequirements and some engineering requirements; Gordon Pierce addressed some pre- liminary ideas and sketches and cost comparision in relation with architectural designs, giving a progress report, not a final de- sign; Eldon Beck discussed landscaping development philosophy in conjunction with aesthetic considerations; and Kent Rose out- lined the history of the development of the citizen's advisory group and defined their purpose. Discussion followed (much of the discussion is inaudible due to two sound tracks). Mayor Dob- son wrapped up the public discussion, encouraging more of the same kind of interaction in the next two weeks. As there was no further business, the meeting was adjourned. ATTEST: z� Town C erk a r "