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HomeMy WebLinkAbout1981-03-03 Town Council MinutesVAIL TOWN COUNCIL Regular Meeting 7:30 p.m. Tuesday, March 3, 1981 • The Vail Town Council convened for its regular meeting at 7:30 p.m. on Tuesday, March 3, 1981, in the Vail Council Chambers of the Vail Municipal Building. The following Council members and Mayor Rodney E. Slifer were present: Bill Wilto Bud Benedict Dr. Tom Steinberg Paul Johnston Bob Ruder Absent: Ron Todd Also present were Lawrence C. Rider, Town Attorney, and Richard Caplan, Town Manager. First item on the agenda was a presentation from Joe Staufer, Chairman - elect of the Council District Review Committee. Air. Staufer gave his report and stated that the Committee had voted 7 - 2 in favor of not districting at this time. John Siverly and Siri Campbell were the two voting in favor of districting and Siri Campbell read a letter she and John Siverly had written giving their reasons as to their vote. Frank Caroselli stated that the committee had not spent enough time on the review and felt the Council should reject the report and restudy the issue. Mayor Slifer stated that the Council would take the report under advisement and would get back to the people at the next meeting. Bud Benedict stated that he felt the committee had done a good job with what they had to work with and stated that there had been very little interest from the public in applicants willing to serve on the committee. The next item on the agenda was the presentation of four West Vail zoning ordinances - #Is 11, 12, 13 and 14. Mayor Slifer read the titles of each of the four ordinances and then went back for discussion of each one. The first ordinance presented was Ordinance #11. Dick Ryan, Community •Development Director, addressed the Council and presented this ordinance to them. Commercial Core III is the area bounded on the west by the Inn at West Vail and bounded on the east by the Brandess Building. Area is currently zoned commercial in the county with the exclusion of the two service stations which will be discussed later. It is proposed that this area be rezoned into a much broader use zone than we have for CCI and CCII. The reason for this being that this is really the community business zone of the Gore Valley plus heavy shopping trade outside of the Gore Valley. Mr. Ryan outlined the area just described on the map for the Council. Doug McLaughlin, owner of Lot 40 along with Tim Garton, Tom Harding and Arthur Kelton, expressed regarding the zoning of this lot which lies just east of the CCIII zoned property. The staff is proposing zoning Lots 40, 41, 7, 8 and 9 as one unit of residental cluster. Mr. McLaughlin felt that this ignores the fact that Lots 41, 7, 8, 9, 10, 11 and 12 are all built, the least of which are 151 units per acre. He felt that when you take these lots and downzone them two levels below their present construction and including Lot 40 it puts them in a peculiar position. He would like to see Lot 40 zoned commercial. If not zoned commercial he felt he should be zoned something similar to the lots up to the Roost Lodge are. Mr. Ryan stated the county zoning on this is RSM which is 5.5 units per acre before the annexation took place. He felt that the residential cluster zoning is very comparable to the zoning the County had given it and should not be upzoning the property. He felt they were not downzoning the land at all. VAIL TOWN COUNCIL Regular Meeting 7:30 p.m. Tuesday, March 3, 1981 • Page 2 Mr. McLaughlin stated that all of the zoning in that area had changed from what the County had originally planned. He presented a county zoning map which should the way these lots had been zoned originally. Laurie Goodell from Buffer Creek subdivision directly behind Lot 40 representing residents of Buffer Creek stated their oppositon to changing the zoning of Lot 40 to commercial. She stated that the area was a quiet, residential area with permanent family dwellings and a lot of children. There is a lot of traffic in the area because of the commercial area there now. She felt it would downgrade the enjoyment of their property as well as the value of the property. She would like to request that the Town consider purchasing that lot and making it into a park which is needed in that area. Mr. McLaughlin stated that they would be more than happy to sell that, piece of property to the Town and had talked to the Town about it a couple of years ago. Marka Moser, a.resident of Buffer Creek, stated that she would also like to on record in opposition of any zone change to upgrade Lot 40 to a commercial zone. public As there were no other comments, Mr. Slifer closed out the/discussion on Ordinance #11. Mr. Wilto commented that if this is zoned residential cluster that would not stop him from coming in at a later date with a more specific plan and requesting a variance at that time. Mr. Slifer stated that the one concern he had was the amount of traffic on the frontage road now and what it would be like with another commercial building on it. Ordinance #12 was then presented to the Council by Peter Patten, Zoning Administrator. Mr. Patten outlined the property in question on the zoning map, that being on the northside of the highway; 6G lot and Cliffside subdivision. The proposed zoning for this area is residential cluster zoning. Mr. Patten stated that Lot 40 was held back from the Planning Commission recommendation for a week for further discussion at its meeting of Monday, March 2. Their recommendation was consistent witb staff's recommendation that it be residential cluster. Mr. Slifer asked for comments from the floor. Doug McLaughlin stated that just for the record it be stated that he was opposed to Ordinance #11. Mr. Patten continued with the staff's recommendations: Vail Heights, Etc. - primary/secondary recommendation by Staff and Planning Commission. - duplex zoned district. Vail City Corporation - agricultural zoned recommended by Staff and Planning Commission. /andopen space Service Stations - 3 stations zoned heavy service district. Matterhorn Village, Vail Village West, Gore Trading Co., - all of the area with the exception of the highland Meadows subdivision, Recommendation from Staff and Planning Commission is primary/secondary. Peter Gosgriff, representing the Gore Trading Co. which owns a small tract of land bordering on Gore Creek and surrounded on all three sides by Highland Meadows 1 & 2. Gore Creek Trading Co. requesting they be given same zoning as the surrounding property - Highland Meadows. • It was the owner's understanding that this property was duplex zoned. Want to be consistent with property around them. VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 3 Pet Ltd. - primary/secondary recommended by Staff and Planning Commission. Mary McClintock, representing Pet Ltd., presented the Council with a plan that was submitted to the Countyfor approval. She stated that last year she signed a purchase agreement to purchase one acre of land in West Vail. She spoke with the Zoning Department in Eagle and was told there would be no problem in rezoning this RSM, that everything in the area was RSM. She asked at that time what affect the annexation would have on the zoning and was told that if her property was in the process of being built and she had her site plans in that it would be considered "in process". The zoning was approved in July of 1980. The hearing date was set for November, but because of the floodplain permit coming into effect, they wouldn;t be able to approve the plans in November. She then went to EPA and got information necessary to obtain a floodplain permit and filed it in November. She felt that it was unfair for the Town to rezone her property. She stated she would only get four units because of the floodplain. If her requested is granted, she would have cluster zoning with same number of units. 40 Peter Patten stated that the reason they felt Primary/Secondary was appropriate was the size of the buildable area of the lot. Very condusive to duplex units. Vail Intermountain, except Block 10 - primary/secondary recommended by Staff and Planning Commission. Jeff Flagg, a landowner in Intermountain, addressed the Council regarding the appropriateness of primary/secondary zoning for the area. He stated that the purposes of the down zoning category stated it was a primary dwelling unit with a caretaker unit attached. He stated that the people who live in the Intermountain area are all "caretakers" as workers and locals in the valley. He stated that he has 6/10 of an acre zoned primary/secondary would give him 4800 sq. ft. of GRFA, two thirds/one third would allow him to build one 1600 sq. ft. unit and one 3200 sq. ft. unit. No one would want to buy the 3200 sq. ft. unit in Intermountain. lie suggested a conditional use be permitted within the primary/secondary zoning requirement. He stated what conditions would be allowed in such a zoning. Frank Caroselli commented on the primary/secondary zoning. He stated Mr that West Vail has now become the employee residential community, if you weren't able to obtain housing in the core area West Vail was the next area to try. He stated that the Council could pass a resolution accepting the present status of zoning through West Vail until the Council had enough time to observe the area and make a sensible, intelligent decision. A question from the citizens was raised, "What is the value of primary/ secondary over duplex zoning?" Mr. Slifer stated the purpose of primary/secondary was to eliminate the large, mirror -type images of duplexes, to create some long-term housing. As an example, the Booth Creek area was noted, as large lots and large buildings. Bill Wilto stated that several homes on the golf course area were a good example of primary/secondary zoning. Ms. Caroselli asked why we had to have a blanket primary/secondary zoning as each project had to go before the Design Review Board. Why not keep it as a duplex situation, where a person could sell something to pay for his half of the unit and take care of some of the people that aren't just employees that are trying to stay Is the for rest of their lives and perhaps parlay land as a lot of the members of the council had done. She stated that residents of West Vail were forced to except the responsibility of the mistake that has been made in the core as far as employee housing is concerned. Mr. Slifer stated that the same zoning ordinance applied to members of the Council as it did to all others. He also stated that the Design Review Board does not have the power to make the sides dissimilar VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 4 Slifer moved into the Vail Intermountain Residential Cluster. Peter Patten talked on the Interlochen Condo, the Steven's property, one other parcel, Robert L. and Jean M. Martin. These were recommended for residential cluster. There were no comments on the Vail Intermountain area. Dick Ryan commented that in addition to what Peter Patten said of the initial zoning did not include the areas owned by BLM, which would be zoned green belt natural open space and would be included in Ordinance #12. Discussion followed on Pet Ltd., and how the difference between primary/secondary and residential cluster would affect the plans submitted. Bud Benedict explained his views on Highland Meadows duplex - Gore Trading possibly should be duplex and Pet Ltd., because of not increasing density should be residential cluster. Ruder expressed that he liked the proposed zoning, primary/secondary, but maybe they should go back and look at the primary/secondary ratio.. Next item on the agenda is Ordinance #13. It was brought up that prior to going to the Planning Staff, in reviewing the West Vail area, it became apparent that there were a number of areas that had gone through substantial review and approvel processes in the County and because of those processes being completed and reliance of the owners of the property on the approvals given in those review processes, that individual developments or areas would have vested rights to the approvals or agreements made. Peter Patten stated that as a staff, we reviewed all the approvals and all the parcels of property. Two people from the staff went out and reviewed each parcel of property and went through County records to determine if the rights had been vested. The properties that we will now be talking about are properties that in the Staff's opinion and the Planning and Environmental Commission opinion, in fact, had approvals given under.some kind.of special review process and that the approvals given should be recognized by the Town and then maybe an underlying zoning adopted to cover any loopholes that would exist. The properties referred to in Ordinance #13 are as follows. The Valley. The Valley has 6 phases. Phase 1 (old phase) 33 units have been constructed on that property. Phase 2 is under construction, presently approved for 26 units. Phase 3 (only.phase that is vacant) approved for 10 units. Phase 4 (The Ridge at Vail) approved for 13 units. Phase 5 contains 8 units of duplex nature. Phase 6 contains approval for 42 units. The Town recommended that the approvals as stated above from the County stay in effect for The Valley. The phases are in different stages for the approvals received. It.was stated that the difference between Pet Ltd. and The Valley is that for Pet Ltd., she did not receive any approvals from the County. The Valley had approvals and signed con- tracts between themselves and the County. Pet Ltd. only had zoning and she did not have the subsequent approvals which needed to follow. Vail Commons. This.is the new name for what was formerly called West Vail Common. It is a major new shopping center which will complete the development of Commercial Core III Zone District. It is a 6.6 acre parcel. We are accepting all of the approvals and agreements from Eagle County on that parcel. Recommendation is for zoning Commercial Core III. Spruce Creek. This project consists of 12 existing units and 21 undeveloped units making a total of 33 units. We are again recommending Residential Cluster. Meadow Creek. This project is located in Intermountain. A portion of this project is under construction. It was approved for 76 units in the County and the developer wishes to build 70 units. 28 are currently constructed. Vail Intermountain Swim and Tennis. These are the log cabin designed condominiums. There is a total of 24 approved units. The developer has expressed interest in including 5 employee housing units in this project. 0 VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 5 Briar Patch. Approval for 14 units on this property. We will work with the developer on the design of this project. Casa Del Sol. This project has a total of 21 units. It is a basically completed project with the construction of a bike path and burm needing completion. Residential Cluster zone district again recommended. Lionsridge #4. This is a 40 acre parcel. There are 17 approved lots under Eagle County. Recommendation for this is to adopt single-family zone district with a special provision fora small or caretaker (1/3) unit possible. However the single-family zone district would govern the development of the property. G4. This property has been under litigation. The Town Council adopted' Resolution #5 which is the agreement pending at this point. The zone district governing the property would be residential cluster with, of course, the Court Order and Resolution #5 governing density and the other contents in those agreements. Block 10 Vail Intermountain. Consists of 16 lots. This was zoned residential medium density multi -family. It was recommended that primary/secondary zone govern the development of those properties. Elliott Ranch. This is a 5 lot subdivision. Zoning recommendation is primary/ secondary. • Mayor Slifer interjected at this.time that at the work session this afternoon the Council apparently decided not to take action on Ordinance #15 tonight. We will not vote on it as far as a first hearing, but we will take input based on your comments. The next item on the agenda is Ordinance #14. This Ordinance refers to Highland Meadows and Lot 40. The staff recommendation on Highland Meadows is primary/secondary zone district. The Planning Commission and the Staff have disagreed on there recommendations. The Planning Commission has recommended that the Highland Meadows Filing 1 and 2 be straight duplex or residential district. A brief background of Highland Meadows was 'then given. It was stated that zoning through the County was a planned unit development but they did not.accept specific PUD guidelines, however the covenants that the County required as submittals were reveewed by the County but deemed to be unenforcable by the.County. The actual guidelines for the PUD are one point of dispute. They also stated all the problems involved with the installation of utilities. The County did approve 2 units per each lot. In reviewing this, it was the only thing that appeared clear from what the County did approve. The Staff felt that as long as there •were two units on each lot they were recognizing what the County had approved. Many owners voiced their objection to this primary/secondary zone district. The Planning Commission voted in a 4 to 2 favor of leaving Highland Meadows Filing land 2 a straight duplex or residential.zone'district. Barry Permut, Mona Look, Dave Shoemaker, Jim Herkert and many other owners also voiced their objections to this primary/secondary zone district. Voting then took place on each of the four Ordinances just reviewed. Ordinance #11 is an ordinance imposing zone district CCIII for newly annexed area. Bill Wilto moved that we approve Ordinance #11 as submitted. Second by Tom Steinberg. Motion passed unanimously. Ordinance #12 is an Ordinance imposing zoning on the following areas: Cliff Side and.G1, Eiger Chalet, Roost, Lots 40, 41, 7 and 8, Vail Heights, etc., Vail City Corporation, Service Stations, Matterhorn Village, Vail Village West, Gore Trading Company, Pet Ltd., Vail Intermountain except Block 10 and Vail Intermountain which was RC. Dick Ryan also stated that there are two green belt areas that should be included in this Ordinance. Voting was postponed until after the vote on Ordinance #14 because of the involvement of Gore Trading Co. and Pet. Ltd. VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 6 Ordinance #13 is an Ordinance imposing zoning on projects from The Valley .through to the Elliott Ranch. Peter stated that in Lionsridge #4 the remainder of the 48 acres (17 lots) are being recommended as green bolt natural open space. Bill Wilto moved that they approve Ordinance #13 as proposed with the amendment that Vail Commons, Vail Das Schone Filing #4, be designated with an underlying zoning of Commercial Core I.I.I. Second by Bob Ruder. Motion.passed unanimously. Ordinance #14 is an ordinance imposing zoning on the Highland Meadows project. This recommendation of the Planning Commission is that the zoning be residential or straight duplex. Peter Patten stated that the only requirements of the covenants was that they be submitted and reviewed. The County never in so many words stated that these were PUD guidelines. Paul Johnston moved that Ordinance #14 be approved as submitted. Second by Bill Wilto. Mayor Slifer stated that it would then be zoned residential or duplex, mirror image duplex as expressed during the hearing. 12 letters from property owners objecting to the primary/ secondary zone district were submitted for the record. It was requested that an Amendment adding the Gore Trading Company be added to this motion. Mr. Johnston did not want to amend his motion but wanted to deal with the Gore Trading Company when they got.back to Ordinance #12. The motion was restated by Mayor Slifer as to approve Ordinance #14 as submitted which is residential. zone. The motion carried 4 to 2. At this time Council went back to.Ordinance.#12. .Ordinance #12, involves all the areas including Cliff Side and Gl, Eiger Chalet, Roost, Lots 40, 41, 7 and 8, Vail Heights, etc., Vail City Corporation, Service Stations, Matterhorn Village, Vail Village Wist, Gore Trading Company, Pet Ltd., Vail Intermountain except Block 10 and Vail Intermountain which was RC. More discussion concerning Gore Trading Company and Pet Ltd. and what zone district they should be in ensued. Paul Johnston moved that Ordinance #12 be approved amending that Gore Trading Tract be changed to RC, that Pet Ltd. be approved according to the plans submitted and that we anticipate considering the change of density to lot 40 at Staff recommendation between now and second reading. Second. Motion passed unanimously. Paula Palmateer was given a plaque rewarding her for her services during her term as a Councilwoman. Next Item on the.Agenda is Ordinance #2. This is an Ordinance amending. Title 13 of the Vail Municipal Code establishing Chapter 13.04 "W":Watershed District, which District encompasses all territory occuppied by the Town of Vail Water Services in an area 5 miles northerly, southerly and easterly boundaries, prohibiting certain activities without permit requiring a permit for certain activity within the District providing a permit at hearing procedures for certain activity with in the District establishing fees for permit application review, •establishing standards for the issuance of permit, providing procedures for enforcement and providing penalties for the violation. thereof. We have now received a written letter of endorsement and offer.of.cooperation from the Forest Service. Paul Johnston brought up the question of the permit fee feeling that it should be higher. It was decided that the fee structure could be amended at the second reading. Paul Johnston moved that the Ordinance be approved as submitted. Second by Tom Steinberg. Motion passed unanimously. Next item on the Agenda is Ordinance #15. This is the Ordinance that was tabled due to the staff not completing some technical revisions that were recommended to be included in this Ordinance. Public opinions were still heard. Ron Riley gave discussion as to the threats this Ordinance posed. It was asked if the Council could take the time and sit down with these Restaurant. People and try to find a better solution than to just pass a new Ordinance. It was stated that this Ordinance only requires you to get a City License. Dick Ryan suggested that he meet with Herman and get a committee together from the Restaurant people in town and go over the Ordinance in more detail. All restaurant people represented were in favor of local control, but against the way the Town was going about it. Mayor Slifer suggested that this Ordinance be tabled until Dick Ryan and Herman can get a committee together and help the Council come to a better solution to the problem. VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 7 Tom Steinberg moved that they table Ordinance'#15. Second by Bud Benedict. Motion passed unanimously. It was asked that the committee get back to the Council within 6 weeks if possible. • The next item on the Agenda is Ordinance#10, second reading. This is an Ordinance amending section 5.04050 of the Vail Municipal. Code increasing the fee for the annual Town of Vail Business License to $100, providing that the increase shall become effective for licenses issued for the year 1982, setting forth details relating thereto. There was a great amount of public input objecting to this rise in License Fee. It was asked where this extra revenue was going, and there was no clear answer given for this question. Linda Kaiser read the names of some 129 business-'s that had.written her objecting to this fee increase. Bill Wilto moved that the Council approve Ordinance #10 as submitted. Second by Paul Johnston. Motion was three to three therefore it fails. It was stated that Ordinance #10 failed on second reading. CITIZEN PARTICIPATION There was a great amount -of laughter at this point since mostcitizen participation had already taken place. It was brought up,however, that the Town might look into a cheaper. Police Car rather than the Saab.Turbo. Bob Ruder commended that the only American made car that could withstand our use is the Chevy Malibu. .The next item is an Appeal of a Planning'Commission Decision on a variance request on Lot 3, Block 3 Bighorn 3rd Filing. Peter Patten gave the audience and Council a brief background on this request. .Mr. Bill Luke did appeal the Planning Commission denial. He stated that Mr. Luke would be present at today's meeting but had not shown yet. All attempts to get a hold of Mr. Luke were in vain. Bill Wilto stated that Mr. Luke could be stuck on the road between Denver and Vail if this snow was bad enough. A motion was made that the Council table the Luke Appeal. Second by Tom Steinberg. .Motion to table the appeal passed unanimously. The next item is the Appeal of the Exterior alteration request of the Sitzmark Lodge. Dick Ryan stated that Mr. Fritz is appealing.the condition that was placed on the approval by the Planning Commission which is the condition was agreed not to remonstrate against the improvement district if the improvement district was formed for Vail Village improvements..: Mr. Fritz feels that any variance he requests should stand on its own feet and any Amprovement district to be 'formed should also stand on its own feet. He does not feel that it should be attached to his variance. Discussion of the Vail Village improvements then ensued. Mayor Slifer stated that Bob is appealing the decision of the Planning &.Environmental Commission who added that requirement or condition that he not oppose the improvement district if and when it is formed and he is appealing that condition. Tom Steinberg moved we uphold Bob Preachers appeal granted on the bases that it be totally eliminated. Second by Bill Wilto. Mayor Slifer restated that the motion is to grant the appeal which would be to overturn the condition imposed by the. Planning Commission. Motion passed unanimously. The Town Manager Report: The Town Council needs to take some action relating to our Towing Contract. We received notice from D&E a month ago that they would be ceasing business operations in Vail. Tom Hunt from Chevron and Sonny Caster of the Exxon Station formed the Vail Towing Company to buy out the D&E Contract which runs until September 1981. We feel it would be to our best interest to allow this transfer to take place. Paul Johnston moved that the Council approve this transfer. Second by Wilto. Town Attorney Report: The Town was sued by I-70 Towing over a dispute they were having with D&E for the storage of some towed cars there and we got served with a complaint for $1,000. We are now in the processof handling this complaint. Bill Wilto moved that the meeting be adjourned. MA R Attested To: /'v!/CX•( Town Clerk VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 3, 1981 7:30 P.M. vowoof v tlf"Y box i oc pail colorado s � 6s7 0 r 3 3 4 7 6- 5 6 S 3 ORDINANCES --AND -RESOLUT-IONS (1) PRESENTATION'OF REPORT FROM THE COUNCIL DISTRICT REVIEWCOMMITTEE. (2) ORDINANCE #11, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONE.DISTRICT.CCIII FOR -NEWLY ANNEXED AREA. (3) ORDINANCE #12, SERIES OF 1981, FIRST -READING, AN ORDINANCE IMPOSING ZONING ON NEWLY ANNEXED.LAND EXCEPTING CCIII, COUNTY APPROVED PROJECTS AND HIGHLAND -MEADOWS SUBDIVISION. (4) ORDINANCE #13, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONING ON PROJECTS PREVIOUSLY APPROVED BY EAGLE COUNTY:.. (5) ORDINANCE #14, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONING ON HIGHLAND MEADOWS -SUBDIVISION. (6) ORDINANCE #2, SERIES OIL" 1981; FIRST READING, AN ORDINANCE AMENDING TITLE 13 OF THE VAIL MUNICIPAL CODE'BY ESTABLISHING CHAPTER 13.04 THE "W" WATERSHED DISTRICT. (7) ORDINANCE #15, SERIES OF 1981, FIRST READING, AN ORDINANCE AMENDING TITLE 5 OF THE VAIL MUNICIPAL CODE.WITH.THE ADDITION OF CHAPTER 5.28 RELATING TO FOOD ESTABLISHMENTS; INCLUDING LICENSING THEREOF, DEFINI— TIONS, FEES, OFFENSES, SANITARY REQUIREMENTS, REQUIREMENTS FOR LICENSING, ENFORCEMENT PROCEDURES, SUSPENSION AND REVOCATION OF LICENSES AND MATTERS RELATING THERETO. (8) ORDINANCE #10, SERIES OF 1981) SECOND READING, AN ORDINANCE AMENDING THE BUSINESS LICENSE. CITIZEN PARTICIPATION (9)" APPEAL OF PE DECISION ON VARIANCE REQUEST OF LOT 3, BLOCK 3, BIGHORN 3RD FILING. (10) APPEAL OF EXTERIOR ALTERATION REQUEST OF THE SITZMARK LODGE. it, TOWN MANAGER REPORT ---..... TOWN ATTORNEY REPORT ` ADJOURNMENT- RICHARD CAPLAN, TO , ANAGER n*r� 7,�� 0 W 0 • 4 VAIL TOWN COUNCIL Regular Meeting 7:30 p.m. Tuesday, March 3, 1981 The Vail Town Council.convened for its regular meeting at 7:30 p.m. on Tuesday, March 3, 1981, in the Vail Council Chambers of the Vail Municipal Building. The following Council members and Mayor Rodney E. Slifer were present: Bill Wilto Bud Benedict Dr. Tom Steinberg Paul Johnston Bob Ruder Absent: Ron Todd Also present were Lawrence C. Rider, Town Attorney, and Richard Caplan, Town Manager. First item on the agenda was a presentation from Joe Staufer, Chairman - elect of the Council District Review Committee. Mr. Staufer gave his report and stated that the Committee had voted 7- 2 in favor.of not districting at this time. John Siverly and.Siri.Campbell were the two voting in favor of districting and Siri Campbell read a letter she and John Siverly had written giving their reasons as to their vote. Frank Caroselli stated that the committee had not spent enough time on the review and felt the Council should reject the report and restudy the issue. Mayor Slifer stated that the Council would take the report under advisement and would get back to the people at the next meeting. Bud Benedict stated that he felt the committee had done a good job with what they had to work with.and stated that there had been very little interest from the public in applicants willing to serve on the committee. The next item on the agenda was the presentation of four West Vail zoning ordinances - #'s 11, 12, 13 and 14. Mayor Slifer read the titles of each of the four ordinances and then went back for discussion of each one. The first ordinance presented was Ordinance #11. Dick Ryan, Community Development Director, addressed the Council and presented this ordinance to them. Commercial Core III is the area bounded on the west by the Inn at West Vail and bounded on the east by the Brandess Building. Area is currently zoned commercial in the county with the exclusion of the two service stations which will be discussed later. It is proposed that this area be rezoned into a much broader use zone than we have for CCI and CCII. The reason for this being that this is really the community business zone of the Gore Valley plus heavy shopping trade outside of the Gore Valley. Mr. Ryan outlined the area just described on the map for the Council. Doug McLaughlin, owner of Lot 40 along with Tim Garton, Tom Harding and Arthur Kelton, expressed regarding the zoning of this lot which lies just east of the CCIII zoned property. The staff is proposing zoning Lots 40, 41, 7, 8 and 9 as one unit of residental cluster. Mr. McLaughlin felt that this ignores the fact that Lots 41, 7, 8, 9, 10, 11 and 12 are all built, the least of which are 15* units per acre. He felt that when you take these lots and downzone them two levels below their present construction and including Lot 40 it puts them in a peculiar position. He would like to see Lot 40 zoned commercial. If not zoned commercial he felt he should be zoned something similar to the lots up to the Roost Lodge are. Mr. Ryan stated the county zoning on this is RSM which is 5.5 units per acre before the annexation took place. He felt that the residential cluster zoning is very comparable to the zoning the County had given it.and should not be upzoning the property. He felt they were not downzoning the land at all. VAIL TOWN COUNCIL Regular Meeting 7:30 p.m. Tuesday, March 3, 1981 Page 2 Mr. McLaughlin stated that all of the zoning in that area had changed from what the County had originally planned. He presented a county zoning map which should the way these lots had been zoned originally. Laurie Goodell from Buffer Creek subdivision directly behind Lot 40 representing residents of Buffer Creek stated their oppositon to changing the zoning of Lot 40 to commercial. She stated that the area was a quiet, residential area with permanent family dwellings and a lot of children. There is a lot of traffic in the area because of the commercial area there now. She felt it would downgrade the enjoyment of their property as well as the value of .the property. She would like to request that the Town consider purchasing that lot and making it into a park which is needed in that area. Mr. McLaughlin stated that they would be more than happy to sell that piece of property to the Town and had talked to the Town about it a couple of years ago. Marka Moser, a. -resident of Buffer Creek, stated that she would also like to on record in opposition of any zone change to upgrade Lot 40 to a commercial zone. public As there were no other comments, Mr. Slifer closed out the/discussion on Ordinance #11. Mr. Wilto commented that if this is zoned residential cluster that would not stop him from coming in at a later date with a more specific plan and requesting a variance at that time. Mr. Slifer stated that the one concern he had was the amount of traffic on the frontage road now and what it would be like with another commercial building on.it. Ordinance #12 was then presented to the Council by Peter Patten, Zoning Administrator. Mr. Patten outlined the property in question on the zoning map, that being on the northside of the highway, 6G lot and Cliffside subdivision. The proposed zoning for this area is residential cluster zoning. Mr. Patten stated that Lot 40 was held back from the Planning Commission recommendation for a week for further discussion at its meeting of Monday, March 2. Their recommendation was consistent with staff's recommendation that it be residential cluster. Mr. Slifer asked for comments from the floor. Doug -McLaughlin stated that just for the record it be stated that he was opposed to Ordinance #11. Mr. Patten continued with the staff's recommendations: Vail Heights, Etc. - primary/secondary recommendation by Staff and Planning Commission. - duplex zoned district. Vail City Corporation - agricultural/zoned recommended by Staff and Planning Commission. and open space Service Stations - 3 stations zoned heavy service distract. Matterhorn Village, Vail Village West, Gore Trading Co., - all of the area with the exception of the Highland Meadows subdivision. Recommendation from Staff and Planning Commission is primary/secondary. Peter Gosgriff, representing the Gore Trading Co. which owns a small tract of land bordering on Gore Creek and surrounded on all three sides by Highland Meadows 1 & 2. Gore Creek Trading Co. requesting they be given same zoning as the surrounding property - Highland Meadows. It was the owner's understanding that this property was duplex zoned. Want to be consistent with property around them. VAIL TOWN COUNCIL Tuesday, March 3, 1981 Page 3 Pet Ltd. - primary/secondary recommended by Staff and Planning Commission. Mary McClintock, representing Pet Ltd., presented the Council with a plan that was submitted to the Countyfor approval. She stated that last year she signed a purchase agreement to purchase one acre of land in West Vail. She spoke with the Zoning Department in Eagle and was told there would be no problem in rezoning this RSM, that everything in the area was RSM. She asked at that time what affect the annexation would have on the zoning and was told that if her property was in the process of being built and she had her site plans in that it would be considered."in process". The zoning was approved in July of 1980. The hearing date was set for November, but because of the floodplain permit coming into effect, they wouldn;t be able to approve the plans in November. She then went to EPA and got information necessary to obtain a floodplain permit and filed it in November. She felt that it was unfair for the Town to rezone her property. She stated she would only get four units because -of the floodplain. If her requested is granted, she would have cluster zoning with same number of units. Peter Patten stated that the reason they felt Primary/Secondary was appropriate was the size of the buildable area of the lot. Very conducive to duplex units. Vail Intermountain, except Block 10 - primary/secondary recommended by Staff and Planning Commission. Jeff Flagg, a landowner in Intermountain,.addressed the Council regarding the appropriateness of primary/secondary zoning for the area. He stated that the purposes of the down zoning categor.y'stated it was a primary dwelling unit with a caretaker unit attached. He stated that the people who live in the Intermountain area are all "caretakers" as workers and locals in the valley. He stated that he has 6/10 of an acre zoned primary/secondary would give him 4800 sq. ft. of GRFA,, two thirds./one third would allow him to build one 1600 sq. ft. unit and one 3200 sq. ft. unit. No one would want to buy the 3200 sq. ft. unit in Intermountain. Ile suggested a conditional use be permitted within the primary/secondary zoning requirement. He stated what conditions would be allowed in such a zoning. Frank Caroselli commented on the primary/secondary zoning. He stated that West Vail has now become the employee residential community, if you weren't able to obtain housing in the core area West Vail was the next area to try. He stated that the Council could pass a resolution accepting the present status of zoning through West Vail until the Council had enough time to observe the area and make a sensible, intelligent decision. A question from the citizens was raised, '!What is the value of primary/ secondary over duplex zoning?" Mr. Slifer stated the purpose of primary/secondary was to eliminate the large, mirror -type images of duplexes, to create some long-term housing. As an example, the Booth Creek area was noted, as large lots and large buildings. Bill Wilto stated that several homes on the golf course area were a good example of primary/secondary zoning. Ms. Caroselli asked why we had to have a blanket primary/secondary zoning as each project had to go before the Design Review Board. Why not keep it as a duplex situation, where a person could sell something to pay for his half of the unit and take care of some of the people that aren't just employees that are trying to stay here for rest of their lives and perhaps parlay land as a lot of the members of the council had done.., She stated that residents of West Vail were forced to except the responsibility of the mistake that has been made in the core as far as employee housing is concerned. Mr. Slifer stated that the same zoning ordinance applied to members of the Council as it did to all others. He also stated that the Design Review Board does not have the power to make the sides dissimilar 0 VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 3, 1981 7:30 P.M. b o x 1 0 0 • V ail , C o l o r a d o 81 6 5 7 • 3 0 3 • 4 7 6. 5 G 13 ORDINANCES AND RESOLUTIONS (1) PRESENTATION OF REPORT FROM THE COUNCIL DISTRICT REVIEW COMMITTEE. (2) ORDINANCE #11, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONE DISTRICT CCIII FOR NEWLY ANNEXED AREA. (3) ORDINANCE #12, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONING ON NEWLY ANNEXED LAND EXCEPTING CCIII, COUNTY APPROVED PROJECTS AND HIGHLAND MEADOWS SUBDIVISION. (4) ORDINANCE #13, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONING ON PROJECTS PREVIOUSLY APPROVED BY EAGLE COUNTY. . 46 (5) ORDINANCE #14, SERIES OF 1981, FIRST READING, AN ORDINANCE IMPOSING ZONING ON HIGHLAND MEADOWS SUBDIVISION. (6) ORDINANCE #2, SERIES OF 1981, FIRST READING, AN ORDINANCE AMENDING TITLE 13 OF THE VAIL MUNICIPAL CODE BY ESTABLISHING CHAPTER 13.04 THE "W" WATERSHED DISTRICT. (7) ORDINANCE i#15, SERIES OF 1981, FIRST -READING, AN ORDINANCE AMENDING TITLE 5 OF THE VAIL MUNICIPAL CODE -WITH THE ADDITION OI? CHAPTER 5.28 RELATING: TO FOOD ESTABLISHMENTS; INCLUDING LICENSING THEREOF, DEFINI— TIONS, FEES, -OFFENSES, SANITARY REQUIREMENTS, REQUIREMENTS FOR LICENSING, ENFORCEMENT PROCEDURES, SUSPENSION AND REVOCATION OF LICENSES AND MATTERS RELATING THERETO. (8) ORDINANCE #10, SERIES OF 1981, SECOND READING, AN ORODINANCE AMENDING THE BUSINESS LICENSE. CITIZEN PARTICIPATION (9) APPEAL OF PEC DECISION ON VARIANCE REQUEST OF LOT 3, BLOCK 3, BIGHORN 3RD FILING. (10) APPEAL OF EXTERIOR ALTERATION REQUEST OF THE SITZMARR LODGE. TOWN MANAGER REPORT TOWN ATTORNEY REPORT ADJOURNMENT RICHARD CAPLAN, TOWN MANAGER 0 \/AIL.. RESERVATIONS, INC. ACCOMMODATIONS, ACTIVITIES, TRANSPORTA`rioN CP. O. BOX 369 O VAIL, COLORADO 81 637 1303) 476-1234 March 4, 1981. Ms. Linda Kaiser Sunrise, Ltd 675 Lionshead Place Vail, Colorado 81651 Dear Ms. Kaiser: I just received your letter and petition about the proposed increase of the Town of Vail business license from $25.00 to $100.00. This 300% increase is simply too much and I support your petition, If, as you suggest, the Town wishes to extract $100,000 from the business community, why on earth did the Town give $100,000 to the Vail Resort Association which supposedly is the Vail business community? As you told me, Paula Palmateer made the statement at the February 24 Town meeting that the majority of its members supported this increase. However, very few people I have talked to favor the increase and none of them were polled by the VRA. I can't believe that VRA would fabricate member support as quid pro quo for its $100,000 grant from the Town of Vail. Or, is the '.sown simply trying; to cover this questionable grant in a low revenue year? Certainly food for thought? Finally, as you know, we book many thousands of guests into Vail so '1 can tell you of increasing resistance to Vail's high (and ever - rising) prices. Naturally an increased business license cost will. ultimately contribute to higher prices and might well turn out to be the proverbial "goose that breaks the golden egg". Sincepely�, �L,`0, Pene o IHodge lnc/ Petition cc: Richard Caplan Vail Trail. The News • vl 1-1 eLo) 6 9 � Ml :77 .. w: I•'am opposed to an increase in the fee for a business license in Vail. 7 ,.dmgl WA r 2—; lyl --r Ps,`a � f ".•D7, ✓J� Name of business xf° '.Name If- aw • f ofLL'� r-A Name � Name 'bu in Kl- 7q/ - "Name -- business _._ ---- ----•- ---......_,Name �f b,n..„. r1111A7 OL,�,C Name. Name of business Name of u mess Hama C k� C Sl Z� -----••-------.•— Name of usines --•�•;��1p_.__._.�__.---�.a...__-.._.�,..�.....m...,,� Name of business ��� • Name � , �� C ../. )�� Name of business � ,�_ j . 1� 4/1 0 4- Name Name of business • 'r )j Name T4 /L nn n 4: 1­ , - 4 Name of business levy --Name Name of business/ Name of business Rz C e15 'i / e I? 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E••,f\ ,_,� Nra e of business - _ .._' •. ------ _ a._ --- N.ame..o b siness amN-Al 11/1 A Name of t�Fisines�� eA iamu�iness Name__ ............ _ ._...__.. ,_. .—.—. _ •• • • .:, a �_— Nat e o ss 00 LUV47 0 Ntv�-rvvA-t- Nark of business cc N$Ae (' Name of business-. w-- Nam, f busitt s - Nye of/b`uussiv@s$. ` -- • •, NaName o business�����- ' g I 'am opposed to an increase in the :fee for a business license in Vaal •name �` _....._....._.�:. •__-�..:�..._.. _ F business � Name o L .: -