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HomeMy WebLinkAbout1988-12-20 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING WRAP 20, 1998 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, December 20, 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Mery Lapin Gail Wahrlich-Lowenthal Tom Steinberg None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk .The first order of business was the presentation of a ten year anniversary award to Mark Benson. Mark Benson was present to accept this belt buckle, and short introductory speeches were given by Ron Phillips and Dick Duran. The second item of business was Resolution No. 45, Series of 1988, a resolution honoring Lesley Davies for her outstanding achievement of being the first woman to solo fly a hot air balloon over the Continental Divide. Lesley Davies was present and spoke a few words and later in the meeting a vote was taken on this resolution. John Slevin moved for approval. Mery Lapin seconded the motion, and the resolution was approved unanimously 7-0. The third item of business was Ordinance No. 38, Series of 1988, second reading, regarding business license fees for marketing. Mayor Rose read the full title of the ordinance. Those speaking for passage of Ordinance No. 38 included Rob Levine, Debbie Marquez, Hermann Staufer, Pepi Gramshammer, and Dan Mulrooney. Those speaking against approval of this ordinance were Charlie Crowley and Michael Cacioppo representing Bill Boyd and Diana Donovan through letters that had been submitted to him. Following discussion, Gail Wahrlich-Lowenthal moved for approval of this ordinance, and this was seconded by Tom Steinberg. A vote was taken and the ordinance passed unanimously 7-0. On the Consent Agenda, the following ordinances were read by title in full by Mayor • Rose: A. Ordinance No. 28, Series of 1988, second reading, adding certain sections back into the ski base/recreation district which were inadvertently omitted earlier this year. B. Ordinance No. 35, Series of 1988, second reading, a supplemental appropriation for 1988 fiscal year. C. Ordinance no. 36, Series of 1988, second reading, amending Chapter 18.71 of the zoning code relating to additional 250 square feet of GRFA. At this point in the meeting, Mery Lapin requested Ordinance No. 36 be removed from the Consent Agenda. Mery Lapin then made a motion to approve both Ordinance Nos. 28 and 35. This motion was seconded by Tom Steinberg. A vote was taken and the result was unanimously 7-0. In regard to Ordinance No. 36, Mery Lapin expressed his concern about the inequity of allowing such a change to the zoning ordinance, and some discussion followed. Eric Affeldt moved to approve this ordinance; John Slevin seconded this motion. A vote was taken and the ordinance was approved 5-2, with Mery Lapin and Tom Steinberg opposing. The fifth item on the agenda was Ordinance No. 40, Series of 1988, first reading, repealing and reenacting Chapter 18.46, Special Development District No. 4, Cascade Village. The full title was read by Mayor Rose. At this point in the meeting, Peter Patten referenced a memo from the Community Development Department to the Town Council dated December 20, 1988 in regard to an executive summary of Special Development District No. 4. He included the following information: Special Development District 4 is made up of four development areas. The areas include Area t- Cascade Village, Area 8 - Cold Stream Condominiums, Area C - Glen Lyon Duplex ots, and Area D - Glen Lyon Commercial Site. Vail Ventures, Ltd. is requesting to amend Area A. Glen Lyon Office Building, Inc. is requesting to amend Area D. The other areas within the SDD are not affected by the amendments. He further included a synopsis of the major elements of the amendments requested. They are as follows: 1. Alternative Development Scenarios Variations in number of units, GRFA, type of unit, and amount of commercial are requested for four undeveloped sites within Area A. The variations result in two development plans for four sites. The exteriors of the buildings remain the same under all alternatives except one. Two scenarios are requested for Area D. Either residential/office or office will be constructed in the eastern building on the Glen Lyon site. 2. GRFA/Units Both areas are within the allowable GRFA and number of units for the existing SDD except that Area A exceeds the allowable GRFA by 1,124 square feet for one scenario. Staff supports the scenario as the additional GRFA is for lodge rooms on the Millrace IV parcel. 3. Parking All required parking is provided. The two parking structures in Area A are treated as one structure for the purpose of calculating the mixed use parking credit. 4. Commercial Commercial has increased from 37,000 to a maximum of 56,538 square feet for Area A. A micro -brewery and more office are added to Area D. 5. Employee Housing The existing SDD does not provide for any on -site employee housing. The amendment calls for a minimum of ten employee units to be located in Area A and/or Area D. The units are restricted for 15 years and allowed to be sold as long as it is to a local. 6. Transient Residential Dwelling Unit A new type of unit is requested for Area A. A TR is basically an accommodation unit that is allowed to have a small kitchenette. The unit will function as a lodge unit. 7. Special Attraction A special attraction is defined as a museum, seminar, or research center, • or performing arts theater, or other similar cultural center. This use is a conditional use for Area A. 8. Fireplaces In Area A, 96 wood burning fireplaces are requested which is equivalent to the number of dwelling units approved yet unbuilt. The request allows for wood burning fireplaces to be located in lodge rooms, transient residential units as well as in dwelling units. Staff only supports locating wood burning fireplaces in constructed dwelling units. 9. Micro -brewery A micro -brewery is proposed for the Glen Lyon site. It would be located on the west end of the existing office building. At this point in the discussion, Kristan Pritz took over the presentation and began with the request to amend Special Development District No. 4, Area A, known as the Cascade Village. Under staff recommendations, the staff recommended approval of the following amendments proposed for SDD 4 with the following conditions: 1. Wood burning fireplaces shall only be allowed for dwelling units. The number of wood burning fireplaces allocated to dwelling units shall not exceed the number approved under the existing Special Development District 4. -2- 2. The existing first floor retail space in the Plaza Conference building shall not be converted to a real estate office. 3. The restricted dwelling unit or transient residential dwelling unit shall meet all of the requirements outlined in the definition of Section 2B. 4. The Millrace IV development plan shall be approved for the 32 accommodation units having a total GRFA of 14,000 square feet. The Millrace IV development plan for eight dwelling units having a GRFA of 14,000 square feet shall not be approved. The original plan for eight dwelling units with a GRFA of 11,200 square feet is approved. The developer is required to submit a development plan to PEC before proceeding to DRB. 5. The fractional fee use shall be approved as a conditional use for the dwelling units within Westhaven Building with the condition that the minimum ownership interval shall be five weeks. 6. Ten employee housing units as defined in Section 2L shall be provided by the developer. 7. First floor Commercial Core I zoning shall be applied to all first floor spaces of buildings having commercial uses within Development Area A. The first floor or street level shall be defined as that floor of the building that is located at grade or street level. 8. The total allowed GRFA for the project shall be 292,245 square feet only . if the Millrace IV thirty-two accommodation plan is utilized. If the Millrace IV eight dwelling unit plan is used, the GRFA shall be 11,270 square feet for the 8 dwelling units. The total allowable GRFA for the project if the Millrace IV eight dwelling unit plan is used shall be 289,445 square feet. 9. The ownership entity for the development Area A shall enter into an agreement outlining the conditions that relate to the restricted dwelling units or transient residential units and restricted employee housing units. 10. All water features within Development Area A shall have overflow storm drains per the recommendation in the environmental impact report. 11. The developer shall be responsible for providing a breakaway bollard for the emergency access road between Eagle Pointe and Westhaven Drive. This improvement shall be constructed when a building permit is requested for the cornerstone Millrace III or IV Westhaven or Waterford buildings. The bollard shall be included in the permit plans. 12. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the •Westhaven Building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven. The sidewalk shall be part of the building permit plans. 13. The developer shall provide 100 year floodplain information for the area adjacent to the Waterford Building and Cornerstone Building before building permits are released. 14. All required parking for the Cornerstone, Waterford, and Millrace IV (32 A.U.) buildings shall be provided within one of the parking structures. A temporary certificate of occupancy shall not be released for any of these projects until the structured parking is available. Kristan pointed out that the PEC recommended approval of the amendments plus conditions except that they approved the first floor office space in the Plaza Conference Building. Additionally, Kristan passed along strong recommendations to the Design Review Board. 1. Substantial landscaping should be required for the Waterford Building, particularly on the north and creekside elevations. 2. Substantial landscaping should be required in the Cornerstone Plaza to soften the paved plaza areas as much as possible. -3- ,-4 3. The mass and bulk of the bridge connection between the two buildings that comprise Cornerstone should be decreased as much as possible to open up the view of the mountain from the transit mall. 0 4. The floor plans for the Waterford Building should indicate clearly enclosed trash and loading areas. Kristan then proceeded to the next section of the presentation which was a request to amend the SDD approved plan for the Glen Lyon Office property in Special Development District 4 Area D. Kristan indicated the staff recommended approval of the micro -brewery request. The micro -brewery meets the square footage limits described in the definition and the brewhouse area is per year. The brewery area production capacity is limited to 7,500 barrels. The environmental impact report had indicated there are no significant environmental impacts due to the project. In addition, the use meets all the conditional use criteria. Therefore, staff recommended approval of the request with the following conditions: The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Clerk and Recorder's Office within thirty days after Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town of Vail staff. 1. The owner shall provide a manhole under brewery service lines so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. 2. The brewery management shall not operate the brewing process during temperature inversions. It shall be the brew master's responsibility to monitor inversions. 3. The trash compactor and trash storage area shall be completely enclosed. The management of the brewery shall not allow any trash to be stored in an unenclosed area. 4. The owner of the property and brewery management shall agree in writing that semi -truck traffic to the Glen Lyon Office site shall be prohibited. The only truck loading that shall be allowed to the site for the brewery or any other uses on the site will be vans having a maximum size of 22 feet. 5. The owner of the Glen Lyon Office property shall not file any remonstrants or protest against the formation of a local improvement district or other financing mechanism which may be established for the purpose of building road improvements to the South Frontage Road. 6. The owner shall utilize protective measures during construction to prevent soil erosion into Gore Creek. Continuing with the request for Area D, the second part of the request was to amend Special Development District 4 Area D, to allow a micro -brewery, office expansion, parking structure, and residential units. Kristan indicated the staff again recommended approval of the proposed amendments to Area D. The project meets all of the design criteria for amendments to special development districts. The project will be of significant benefit to the community due to the unique mix of uses and high quality design. Our approval is contingent upon the following conditions being met by the applicant: The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Clerk and Recorder's Office within thirty days after the Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town staff. 1. The owner shall agree to construct the bus shelter per Town of Vail standards. The bus shelter will be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. 2. The owner shall relocate the bike path and provide a bike path easement across the Glen Lyon property and CDOH property. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate -4- of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancy shall be conditional upon construction of the bike path provided for herein. 3. The owner shall provide in the employee housing agreement for the two employee housing units in the east office building. This agreement shall be provided to the Town of Vail before a temporary certificate of occupancy is released for the two employee housing units or the free market dwelling unit. The agreement shall include the same provisions as outlined in the employee housing agreement for Area A. 4. The parking and access to the property shall be managed per the TDA parking report, pages 6-7, August 10, 1988 by the owner of the property. 5. The owner shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. The undergrounding of the utilities is contingent upon Holy Cross approving the work. 6. The twenty foot utility easement on the western portion of the property shall be relocated as well as approved by the Town of Vail before a building permit is released for the micro -brewery addition. 7. The owner of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district or other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements to the South Frontage Road. 8. The owner shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. The staff would recommend that the Design Review Board look at the following issues related to this project. 1. Pedestrian access from the east side of the structure to the east office building should be required. 2. The pedestrian path from the parking structure to the brewery entry should be located on Glen Lyon property. •3. One additional loading space should be provided for the main office building in the parking structure. At this time, some discussion ensued regarding the real estate office, employee housing units sales to locals, and changing the fireplace requirement to work concurrently with the current Town of Vail ordinance regarding fireplaces. The employee housing restriction was extended to twenty years plus the life of Tiffany Wahrlich-Lowenthal. Kristan explained that all the conditions of approval per the PEC recommendation were included in the ordinance. Mery Lapin moved to approve the ordinance. He included changes in regard to employee housing sales to locals, recordation at the Clerk and Recorder's Office as opposed to the Assessor's Office, and the fireplace requirements working in conjunction with the Town of Vail municipal ordinance regulating fireplaces in the Town of Vail. This motion was seconded by Tom Steinberg. A vote was taken and the ordinance passed unanimously 7-0. The sixth item of business was Ordinance No. 39, Series of 1988, first reading, regarding daily special boards. Mayor Rose read the full title of the ordinance. Following discussion, Tom Steinberg moved for approval of Ordinance No. 39, and Eric Affeldt seconded. A vote was taken and the motion passed 4-3, with Mery Lapin, John Slevin, and Mike Cacioppo opposing. 46 The next item of business was Ordinance No. 37, Series of 1988, first reading, regarding bed and breakfasts, was tabled to a further meeting. -5- Item eight on the agenda was Resolution No. 46, Series of 1988, regarding the Town of Vail and Vail Metropolitan Recreation District agreement. Larry Eskwith included many comments to describe revisions that had been made as requests from both sides for this agreement. On page 6 of the agreement, Section 10B, Compliance with All Laws and Regulations, the Town grants the District the right to utilize ten parking spaces on the land commonly known as the Mud Lot. Some discussion ensued on page 7 in regard to Item 7, page 7, the control of the John Dobson Ice Arena. It was agreed that an index should be included showing other nonprofit groups that are allowed to use the Dobson Arena as well as groups that qualify for special rates. Also, at the end of the full paragraph on page 8, a change was made with the new wording reading "The District shall be entitled to receive the gross receipts or rent produced by any such event less all expenses and costs thereof." On page 9, under Section 8, Recreation Plan, at the end of this paragraph to be inserted is a sentence indicating a discussion shall be held annually regarding the subsidy, and the annual plan should include this discussion. Under Section 9, Financial Contributions, Larry indicated Exhibit E was a new exhibit showing a breakdown of the financial contributions. On page 10, the first paragraph was completely new indicating what procedures should be followed in regard to the District's election to submit a mill levy increase to the authorized voters of this district. On page 11, Section 12, District Boundaries, this had been a new section that was added by Larry at the request of both VMRD and TOV in order to take whatever steps necessary to make the boundaries of the District and the Town coterminous. Larry further concluded by saying that he had no Exhibit A or B currently because those were legal descriptions of various properties and land areas that were to be included under this agreement and that he was having difficulty finding exact legal descriptions for them. He was advised by the Council to come up with a generic description for each of those. At this point, Mery Lapin moved to approve the resolution, which was seconded by Eric Affeldt. A vote was taken and the resolution passed 5-2, with Mayor Rose and John Slevin opposing. There was no Citizen Participation. There being no further business, the meeting was adjourned at 12:02 a.m. ATTEST: � �� Pamela A. bran meyer, own Clerk Minutes taken by Pamela Brandmeyer F] Respectfully submitted, Kent . ose, Mayor -6-