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.
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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.
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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
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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.
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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:
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Pamela A. bran meyer, own Clerk
Minutes taken by Pamela Brandmeyer
F]
Respectfully submitted,
Kent . ose, Mayor
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