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HomeMy WebLinkAbout1981-06-16 Town Council MinutesVAIL TOWN COUNCIL ^, EVENING SESSION TUESDAY, JUNE 16, 1981 ` 7:30 P.M. a�` a 7!}q g� lid bOx 100 • Vail, colorado 81657 • 303 476-5613 ORDINANCES AND RESOLUTIONS (I RO D ANCE 922, SERIES OF 1981, SECOND READING, AN ORDINANCE AMENDING TH£ MUNICIPAL. CODE OF THE TOWN OF VAIL RELATING TO GRANTING OF EXCEPTIONS TO THE DENSITY CONTROL REGULATIONS IN THE TWO-FAMILY RESIDENTIAL ZONE DISTRICT AND PRIMARY/SECONDARY ZONE DISTRICT. (;I `A_UDINANCr_#23, SERIES OF 1981, SECOND READING, AN ORDINANCE REPEALING AND REENACTING SECTIONS 18.13.030, 18.12.090 AND 18.69.060 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL PROVIDING THAT THE GRFA DISTRI- BUTION FOR PRIMARY/SECONDARY DUELLING UNITS SHOULD BE CHANGED FROM A RATIO OF 1/3 2/3 TO A RATIO OF 40%/60% AND PROVIDING DETAILS IN RELATION THERETO. (3,e NDINANCE #24, SERIES OF 1981, SECOND READING, AN ORDINANCE REPEALING AND REENACTING SECTION 18.12.050 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL PROVIDING FOR THE REDUCTION OF THE MINIMUM LOT SIZE IN THE RESIDENTIAL (R) ZONE DISTRICT TO 15,000 SQUARE FEET OF BUILDABLE SITE AREA AND PROVIDING DETAILS IN RELATION THERETO. (pl:�'OITRDINANCE #25, SERIES OF 1981, SECOND READING, AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 7 OF THE SERIES OF 1977 CONCERNING THE NUMBER OF FIREPLACES AND TENNIS COURTS FOR THE MARIOTT MARK. IN ADDITION, REVIEW OF PHASE II OF THE SPECIAL DEVELOPMENT DISTRICT. 4;'%DINANCE #26, SERIES OF 1981, SECOND READING, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 11 FOR A 34 UNIT RESIDENTIAL DEVELOPMENT LOCATED ON VERMONT ROAD AND VERMONT COURT IN HIGHLAND MEADOWS FILING NO. 1. (6ORDINANCE #27, SERIES OF 1981, FIRST READING, AN ORDINANCE" AMENDING THE MUNICIPAL CODE AND EXTENDING THE LEASH LAW TO COVER CERTAIN AREAS OF A NEWLY ANNEXED TERRITORY OF WEST VAIL AND RAISING THE PENALTIES WHICH MAY BE IMPOSED ON PERSONS CONVICTED OF VIOLATING SECTIONS 6.04.190, 6.04.200, 6.04.201 AND 6.04.300 OF THE MUNICIPAL CODE. mot.. __ (7 �t2'SOLUTION #14, SERIES OF 1981, A RESOLUTION AMENDING THE SPELLING OF SUFFER CREEK ROAD AND HOMESTEAD ROAD IN WEST VAIL. CITIZEN PARTICIPATION (8) YAPP_`EAL OF THE BELL TOWER AMPLIFIED SOUND PERMIT. 4ea AQAt - (9)/ APPEAL OF THE ALLEY PROJECT. (10} /000 ES` FOR VARIANCE OF SPRADDLE CREEK SIGN. (11) APPOINTMENT OF FOUR LIQUOR LICENSING AUTHORITY BO D MEMBERS. TOWN MANAGER REPORT TOWN ATTORNEY REPORT RICHARD CAPLAN, TOW P MANAGER MINUTES VAIL TOWN COUNCIL Regular Meeting June 16, 1981 7:.0 p.m. O uesday, June meeting at 7:30 p Building. 16, 1981, the Vail Town Council convened for its regular .m. in the Council Chambers located in the Vail Municipal MEMBERS PRESENT: Mayor Rod Slifer Bill Wilto Bud Benedict Paul Johnston Tom Steinberg Ron Todd Bob Ruder OTHERS PRESENT: Richard Caplan, Town Manager Lawrence Rider, Town Attorney First item on the agenda was the second reading of Ordinance #22, Series of 1981, an ordinance amending the Municipal Code of the Town of Vail relating to ranting of exceptions to the density control regulations in the two-family residential zone district and primary/secondary.zone. district. There was sone discussion as to the interpretation of the ordinance. Ron Todd made aAption to approve the ordinance on second reading. Bud Benedict seconded Tom Steinberg asked to amend the motion to read under Section 18.12.090 ,;,'id 18.13.080 B,. "the term of the lease not less than 20 years plus the life of Trent Ruder. A vote was taken on the amendment to the motion. Ron Todd and Bud Benedict were opposed. A vote was taken on the motion with the amendment. All voted in favor and the motion was passed and the ordinance ordered published The second item on the agenda was the second reading of Ordinance #23, Series of 1981, an ordinance relating to the GRFA distribution for primary/secondary dwelling units being changed from a ratio of 1/3 2/3 to a ratio of 40%/60q. Mr. Caplan stated that there had been no changes to this ordinance from the first reading. Bill Wilto made a motion to approve the ordinance on second reading and Ron Todd seconded the motion. All voted in favor and the motion was passed and the ordinance ordered published by title only. The third item on the agenda was the second reading of ordinance #24, Series of 1981, an ordinance relating to the reduction of the minimum lot size in the residential (R) zone district to 15,000 square feet of buildable site area. Mr. Caplan stated that there had been no changes to this ordinance since f' st reading. Paul Johnston made a motion to approve the ordinance on sbnd reading and Tom Steinberg seconded it. All voted in favor and the motion was approved and ordered published by title only. The next item on the agenda was the second reading of Ordinance #25, Series of 1981, an ordinance amending special development District #7 of the Series of 1977 concerning the number of fireplaces and tennis courts at the. Mariott Mark. Mr. Caplan stated that there had been no changes to this ordinance since first reading. Tom Steinberg made a motion to approve the ordinance on second reading and Paul Johnston seconded it. All voted in favor and the motion was passed unanimously and ordered published by title only.. The next item on the agenda. was the second reading of Ordinance #26, Series of 1981, an ordinance establishing Special Development District No. 11 for a 34 unit residential development located on Vermont Road and Vermont Court in Highland Meadows Filing No. 1. Mr. Caplan stated that no changes had been made to this ordinance since first reading. Bud Benedict made a motion to approve Ordinance 426 on second reading and Paul Johnston seconded it. All voted in favor and the motion was passed unanimously and the ordinance ordered published by title only. W June 15, 1981 Page 2 The next item on the agenda was the first reading of Ordinance #27, Series of 1981, an ordinance relating to the leash law covering certain areas of a newly a exed territory of West Vail and raising the penalties which may be imposed o0ersons convicted of violating Sections of the Municipal Code. There was some discussion on the ordinance. Rod Slifer stated that he was opposed to the increase in the fine rate. Dr. Steinberg said he felt the leash law should be in effect throughout the valley. There was some confusion as to the paragraph relating to the length of the leash. 1t was agreed that the word "not" should be added to the paragraph B of Section 6.04.190 Running at Large to read as follows: A dog shall be deemed running at large as prohibited by Subsection A when it is off or away from the property or premises of its owner or keeper and is not on a leash of not more than seven (7) feet in length that is held by a responsible person. A motion was made by Bill Wilto to approve Ordinance #27 with the addition of the word "not" on first reading. The motion was seconded by Bud Benedict. A vote was taken and the motion passed five to two - Steinberg and Slifer opposed. The next item on the agenda was the reading of Resolution #14, Series of 1981, a resolution amending the spelling of Buffer Creek Road to "Buffeter". Mary Jo Allen stated that enough interest had been received in that area and a petition signed by residents of that area to have the street spelling by changed back to its original spelling. After some discussion a motion was made by Tom Steinberg to approve the resolution and seconded by Ron Todd. All Voted in favor and the m *ion was carried unanimously. Mrs. Allen then asked about her request for t amending of Chamonix Lane back to Homestead Road and stated that a petition ha been submitted in relation to this also. Mr. Caplan stated that it had been reviewed by the staff and was felt that there would be too much confusion in relation to the fire department, police department, etc. with the changing of that street name. Rod Slifer stated that the Council would take it under advisement and get back to her. Joe Staufer stated that while the Council was considering this they also take a look at the way the street are numbered. Dick Ryan stated that since Community Development had taken this procedure over from the Fire Department they had a very good working system at this time and there should be no future problems. The next item on the agenda was Citizen Participation. Don Klinger asked the Council to look into the repair of the green belt area on Gore Creek where the grass is in poor shape due to trucks turning around in that area. Also, there was a need for additional benches on the grass area. Dick Ryan stated that the sod had been ordered to repair this area and they would check into obtaining more benches. Dan Corcoran asked about the status of the bike path schedule between Bighorn and the Town. Dick.Ryan-,stated that Holy Cross is to fix any damage that they h.* done this week and Dye Construction will pave it next week. The next item on the agenda was the appeal of the Bell Tower Building Sound Permit issuance by the Town Manager. Paul Johnston and Rod Slifer had decided to abstain from the discussion, as per the request of Jack Fritzlen because of a conflict of interest. The meeting was then turned over to Bill Wilto, Mayor Pro-Tem. Mr. Ed Drager, the applicant's attorney stated he had a few procedural points he wished to raise. He restated the history of the permit request, stating that the first appeal was held an May 5th without himself or his client being notified. That much discussion was held at the May 5th meeting before it was determined that the applicant had not received sufficient notice to attend the meeting and felt that several members of the Council had already made up their minds as to how they felt about the appeal. Bill Wilto stated that he felt and spoke for the Council that was at the meeting, that the applicant had received notice of the meeting and as soon as it was determined that he had not, the discussion had been tabled until the meeting of June 2, 1981. Rod. Todd stated that he felt strongly that it had been determined that the majority of the residents in the area did not want the chimes and, thus, disqualified himself from the discussion.. Bill Wilto asked Rich Caplan to give the history of the request for the permit. There was much discussion regarding the appeal. Jack Fritzlen was asked for a copy of the letter which w� sent out by him to the mailing list of residents in the 100 foot area. H did not have a copy of it with him, but stated that in general it asked for people's help to protect the environment in Vail by not allowing the playing of amplified music or chimes. Bob Ruder asked Larry Rider is, under the ordinance, the applicant could reapply for a permit. Mr. Rider stated that yes, he could do so. June 16, 1981 Page 3 Bud Benedict stated his concern for the amount of time this issue has been go ng on. He stated he himself had enjoyed the music coming from the tower bfelt that if it was objected to so strongly by the residents living in t>Te area that it should not be allowed. Bud Benedict made a motion to reverse the decision of the Town Manager and deny the request for a permit. Tom Steinberg seconded the motion. Bob Ruder stated his concern for the decibel level being raised over a period of time. He suggested taking a second look at the noise ordinance regarding the decibel Levels allowed. Bill Wilto stated that he enjoyed the chimes, but felt he should respect the wishes of the property owners. Wilto and Ruder stated they felt the Town Manager had made the proper decision based on the information provided him. Tom Steinberg stated that he liked the old ordinance which stated that you would not create any noise beyond your property limits. A vote was taken and all voted in favor to reverse the decision of the Town Manager and deny the request for the amplified sound permit by Belltower Associates. The next item on the agenda was the appeal of the Alley Project. Dick Ryan presented the appeal and stated that there was some confusion as to the legal owners of the property being discusssed. He stated the Planning Department was not in favor of the Alley Project and the PEC.had voted unanimously in favor of it. There was much discussion relating to the lighting of the Alley, the upkeep, snow removal, etc. As there was reason to believe that the Casino Building would be sold and remodeled in its entirety, the Council felt that t' would like to see the plan as a whole, not piece by piece. A motion was m e by Paul Johnston and seconded by Tom Steinberg to uphold the appeal. A vote was taken and passedsix to one - Ron Todd opposing.