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HomeMy WebLinkAbout1981-03-17 Town Council Minutes*town of nail 0 VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1981 7:30 P.M. b O X 1 0 0 • V 8{ l, C o l o r a d o B 1 5 5 7 • 3 0 3• 4 7 6- 5 5 1 3 ORDINANCES AND RESOLUTIONS ORDINANCE #2, SERIES OF 1981, SECOND READING, AN ORDINANCE AMENDING TITLE 13 OF THE VAIL MUNICIPAL CODE BY ESTABLISHING CHAPTER 13.04 THE "W" WATERSHED DISTRICT. (2) ORDINANCE #11, SERIES OF 1981, SECOND READING, AN ORDINANCE IMPOSING ZONE DISTRICT CCIII FOR NEWLY ANNEXED AREA. (3) ORDINANCE #12, SERIES OF 1981, SECOND READING, AN ORDINANCE IMPOSING ZONING ON NEWLY ANNEXED LAND EXCEPTING CCIII, COUNTY APPROVED PRO- JECTS AND HIGHLAND MEADOWS SUBDIVISION. (4) ORDINANCE #13, SERIES OF 1981, SECOND READING, AN ORDINANCE IMPOSING ZONING ON PROJECTS PREVIOUSLY APPROVED BY EAGLE COUNTY. (5) ORDINANCE #14, SERIES OF 1981, SECOND READING, AN ORDINANCE IMPOSING ZONING ON HIGHLAND MEADOWS SUBDIVISION. Lai CITIZEN PARTICIPATION (6) APPEAL OF PEC DECISION ON VARIANCE REQUEST OF LOT 3, BLOCK 3, BIGHORN 3RD FILING. (7) APPEAL OF RED LION ADDITION. (8) 1980 ANNUAL REPORT ON THE LIBRARY. TOWN MANAGER REPORT TOWN ATTORNEY REPORT ADJOURNMENT �( �fl 4-1eN* i LAN, MANAGER MINUTES VAIL TOWN COUNCIL March 17, 1981 Regular Meeting On Tuesday, March 17, 1981, the Vail Town Council convened for its regular meeting at 7:30 P.M. in the Council Chambers located in the Vail Municipal Building. MEMBERS PRESENT: Mayor Rodney Slifer Bud Benedict Paul Johnston Bob Ruder Tom Steinberg Ron Todd Bill Wilto OTHERS PRESENT: Richard Caplan, Town Manager Larry Rider, Town Attorney Dick Ryan, Director of Community Development Mayor Slifer called the meeting to order with the first order of business being a resolution honoring April 11, 1981 as the "9 Health Fair Day". He then gave a brief explanation of what that entailed. Bud Benedict made a motion for approval; second by Steinberg. A unanimous vote was recorded in favor of the motion. Mayor Slifer introduced Ordinance No. 2, Series of 1981, second reading into the record. Richard Caplan noted that there had been a change on Page 5, which the Council requested, which changed the minimum fee to $50. He also noted that a member from the Denver Water Board would attend a Council meeting sometime in April. A motion to approve Ordinance No. 2 was made by Paul Johnston; second by Steinberg. A unanimous vote was recorded. Ordinances 11, 12, 13 & 14 were read into the record by Mayor Slifer. Slifer then noted that the Council had made another tour of the West Vail area since their last work session. Dick Ryan gave a brief explanation in which he noted that in Ordinance No. 12, the •land of Pet Ltd had been changed to Residential Cluster. He then outlined some of the other changes within the various ordinances. Comments were heard from Jay Peterson and Jim Jacobson. The discussion turned to Highland Meadows and the Gore Creek Trading Company parcel whereby Ruder and Wilto expressed their concern about the steepness of the lots. Dick Ryan noted that the only change to Ordinance No. 13 was that the staff recommended the addition of Item J whereby the lots in the Cliffside Subdivision would be allowed a minimum GRFA of 2,000 square feet each. There was no comment from either the Council or the public. Dick Ryan noted the staff's and the Planning Commission's recommendations for zoning the property in Ordinance No. 14. Staff recommended primary/secondary and the Planning Commission recommended residential. There was discussion from various property owners in the subdivision as well as from Joe Stauffer, who commented on the zone district of primary/secondary. Frank Caroselli questioned whether the zone district primary/secondary was a down -zoning of the property. Slifer felt that it was not. Larry Rider then noted Peter Cosgriff's concerns about the Gore Creek Trading Company's property which surrounds the Highland • Meadows Subdivision. Minutes Vail Town Council March 17, 1981 Page Two Dick Ryan outlined the area contained in Ordinance No. 11 and noted that Lot 40 was not included in the proposed zone district of CCIII. Doug Mc Laughlin expressed his views as did Lori Goodell, a property owner in the Gore Creek Subdivision. She presented a petition to the Council against the CCIII zoning and a petition as well as a proposal for a park in the Buffer Creek area. There was no further discussion of this ordinance. Ordinance No. 12. Bud Benedict made a motion for approval; second by Ron Todd. The motion failed. Bob Ruder made a motion to approve Ordinance No. 12 with two chances: the_Gore.Creek Trading Company parcel to be zoned primary/secondary and the Pet Ltd. parcel to be zoned primary/secondary with the balance of the land to remain as stated in the Ordinance. Paul..Johnston seconded the motion. A 5-2 vote was recorded in favor of the motion. Ordinance No. 13. Mayor Slifer outlined the property affected by Ordinance No. 13 and noted the staff's suggested amendment of Item J. Bill Wilto made a motion to approve with ordinance with the amendment; second by Todd. The motion carried unanimously. Ordinance No. 14. Mayor Slifer outlined the property affected by Ordinance No. 14. Wilto made a motion for approval with the zoning to be residential;second by Todd. After some discussion by the Council, a vote was taken whereby the motion failed. Bob Ruder then made a motion to adopt Ordinance No. 14 with the area to be zoned primary/secondary; second by Steinberg. There was some comment from Tim Garton and Dave Schumaker against the primary/secondary zoning. Comments from other members of the public and Council were also heard. The motion to have primary/secondary zoning failed. Ron Todd then made a motion to approve Ordinance No. 14 with the residential zoning and that Tracts B & C be zoned agricultural/open space. Slifer stated that he would support the motion with the provision that the Design Review Board not allow mirror image duplexes. The motion was seconded by Bud Benedict. The motion passed 5-2 with Ruder and Steinberg opposed. Ordinance No. 11. Mayor Slifer noted that the owners of Lot 40 had requested that it be included in the CCIII zone district and that a petition had been submitted to exclude Lot 40 from the CCITT district. Tim Garton, co-owner of Lot 40, expressed his desire to be included in CCIII. Paul Johnston made a motion to approve Ordinance No. 11 and to include Lot 40 in the CCIII zoning district; second by Wilto. A unanimous vote was taken. Mayor Slifer and Council extended their thanks to the staff and the Planning Commission for their work in the West Vail zoning process. CITIZEN PARTICIPATION: Mayor Slifer stated that the applicant had requested that the appeal of Planning Commission's decision of the variance request of Lot 3, Block 3, Bighorn 3rd Filing be tabled as he was unable to attend. Wilto made a motion to table; second by Todd. A unanimous vote was recorded. Flo. -Steinberg commented that the Councilmen didn't speak up and therefore, couldn't be heard. She also questioned why some members didn't have personalized name plates on their microphones. 9 Minutes Vail Town Council March 17, 1981 Page Three Red Lion Appeal Dick Ryan introduced the Red Lion Appeal and noted that two appeals had been presented which the Planning Commission heard on February 9, 1981. The Planning Commission approved the exterior modifications and alterations as were proposed by the Red Lion Inn. He then outlined the proposed changes: an additional 2,980 square feet of commercial space on the first floor; three additional dwelling units of approximately 3,580 square feet which would be on the second floor of the new addition. Ryan outlined the staff's findings and recommendations and how the proposed plan fit into the Urban Design Considerations. Slifer noted that the Council had received four requests that the Council review the Planning Commission's findings. Jeff Selby, co-owner of the Red Lion, made some comments and then introduced Bill Rouff, architect of the proposed improvements, to make the presentation. Rouff gave a lengthy, detailed presentation whereby he touched on many items including, among others, the Urban Design Considerations and affected view corridors. At the end of Rouff's presentation, the Council had no questions or comments,and discussion was open to the public. Various specific questions were asked including: what was the advantage of adding three dwelling units; did the owner have any specific retail uses in mind for the new shops; how long the construction would take; etc. Rouff stated that the plan for construction would be to start the day after the slopes close and to have the "super structure" enclosed by Thanksgiving. George Knox questioned the affected view corridor and how it would affect the view to "Gold Peak". Other specific questions related to police and fire codes; how the structure would affect the sun on Bridge Street in the morning; and the visual impacts to Gore Creek. Discussion was then opened to general comments and concerns of the public. Jack Curtain, representing Curtain -Hill and Mrs. Courtland Hill, felt that the proposed addition would inhibit movement around Seibert Circle; would cut off the walkway to the Mill Creek Commercial Building and would not, as the developer proposed, increase the pedestrianization traffic flow, would impact the sun exposure on Bridge Street and that the proposed addition would impact the "Curtain -Hill" view corridor. Also representing the two doctors who had written the Council opposing the Red Lion's approval, he stated that the views from their penthouse!:units would be impacted by the addition. Jay Peterson felt that all the previous standards that people had been made to follow in the past regarding development were basically being "thrown out the window". Curtain closed by saying that it was his opinion, as well as Mrs. Hill's and the two doctors, that the Urban Design Guidelines had not been fairly followed. Roger Numan, an attorney representing the Plaza Lodge, corrected Mrs. Hill's letter of appeal by stating that her objection was under Section 1860.070 and asked that the correction be made for the record. He then submitted five exhibits to the Council: Exhibit 1, Ordinance No. 16; Exhibit 2, Ordinance No. 21; Exhibit 3; letter dated 12/18/80 from Mr. Ryan to Jeff Selby; Exhibit 4, minutes of the 2/9/81 Planning Commission meeting; Exhibit 5, restrictive covenants of the Vail Village Filing No. 1. Mrs. Joanna Hill stated her objections and concerns. Mr. Numan then gave an explanation of his exhibits and how they were pertinent to the discussion and appeal process. Julia Takahashi, an architect, was the next witness for the Plaza Lodge's objections. She stated her views about what she thought the "essence of Vail" was,and felt that the Town was setting a new precedent with the new Urban Design Guidelines which was not equitable. She then gave a small presentation of what the Plaza Lodge felt would be a more suitable roof structure. Minutes Vail Town Council March 17, 1981 Page Four Max Garrett, friend of Joanna Hill, spoke to Mrs. Hill's and the Plaza Lodge's impacted view and referred to Exhibit 5 as well as the Urban Design Guidelines. Mr. Garrett felt that the Town had a responsibility to ensure that existing restrictive covenants were being upheld and that maybe an architectural control committee should be enacted to protect and see that those restrictions were being carried out. A lengthy discussion followed. Mr. Garrett closed by asking the Council not to permit the taking away of the Plaza Lodge's view to the Gore Range. Shirley Freeze, owner in the Mill Creek Court Building, voiced her concerns about the Red Lion Addiion, how it would affect their views and its impact on the already existing traffic congestion. The owner of Christy Sports spoke to the economic impact that construction has in the summer months. Jay Peterson spoke to the Urban Design Guidelines and supported the Planning Commission's decision. John Muler expressed his views. Mark Cadmus, shop owner in Vail, felt that •the additional shops to the Red Lion were going to be a plus and supported the remodeling plans. Frank Caroselli responded to Jay Peterson. Ed Drager supported the remodeling. Diana Donovan felt that the Planning Commission had not upheld the Town's rules and regulations. Ella Knox felt that building has got to stop in Vail. Dick Ryan responded to some of the exhibits that had been presented by Mr. Numan and defended the Urban Design Guideplans and the staff's position on the proposed improvements. Jeff Selby stressed that they were not asking to change Seibert Circle, commented on the construction constraints imposed by the Town staff, and felt as property owners they also had rights. Comments from Council included Wilto's support of the project and Ruder's support. Slifer voiced his concern about the view corridors and opposed the second story of the structure. Steinberg was also concerned with the impact on the view corridor and felt that the second story ought to be redesigned. Todd understood the importance of preserving the views but felt that people ought to compromise. As there was no further comments, Rod Todd made a, motion to uphold the Planning Commission's decision; second by Ruder. A 4-2 vote was taken in favor of the motion. Slifer and Steinberg were opposed and Bud Benedict abstained. 1980 Annual Report on the Library This was postponed. Larry Rider voiced his concern about the addition of a building between the Plaza Building and the Casino Building as well as the new deck addition. He felt that the Council should call the matter up for a hearing. A motion was made by Paul Johnston; second by ,Steinberg. A unanimous vote was recorded to call this issue up for review. TOWN MANAGER REPORT: Mayor Slifer noted that the Council, at their:work session, h.ad- reviewed.the report from the Districting Committee and they concurred with the report. A member from the audience felt that the Council should invite some of the school phi.ldren to a meeting so that they could see the democratic form of government in process. Minutes Vail Town Council March 17, 1981 • Page Five TOWN ATTORNEY REPORT: None Diana Donovan questioned the Coundil as to how they are going to enforce construction restrictions and deal with the violators. She also wanted them to think about how year after year construction affects the citizens and shop owners in Vail. As there was no further business, the meeting was adjourned. ATTEST: it a