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HomeMy WebLinkAbout1989-03-21 Town Council Minutes40 MINUTES HAIL TOWN COUNCIL MEETING MARCH 21, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, March 21, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Mery Lapin Gail Wahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 2, Series of 1989, second reading, • regarding bed and breakfast operations. Mayor Rose read the full title of the ordinance. Peter Patten stated that February 21st the ordinance was tabled for revisions according to the Council's direction. He then reviewed the changes made and noted new Sections 4-16. Some of the revisions were that the parking was revised so there were no requirements over and above than required as normal; signs would not be allowed (stated in Section 17 B.4.); and written approval would have to be given by jointly owned property driveways/parking spaces so the joint owner has some say so over how the property would be used. There was some discussion by Council over the latter issue. Peter noted Section 20 was added stating a Planning and Environmental Commission conditional use permit decision could be appealed to the Town Council. There was more discussion by Council. Peggy Osterfoss, of the PEC, explained the reasoning behind the PEC's decisions, their concerns, and their perspective of potential problems from the planning point of view. There was much discussion by Council regarding the parking issue. Kathy Fagan stated she realized there is a potential problem, but not everyone used a car. Larry Eskwith stated he had been instructed to change the wording of B.5. A motion to send the ordinance back to the PEC was made by Tom Steinberg and seconded by Mery Lapin. Eric Affeldt commented he did not see the need to send the ordinance back to the PEC and asked Peggy if the major problem the PEC had was with the multi -family parking; she agreed. Mery Lapin remarked the Council had changed the ordinance drastically since the PEC last saw the document and thought it should go back to the PEC for their • input. Peggy Osterfoss thought it would be a good idea, that the PEC was not so political and could look at things more from a planning aspect instead of from a political point of view. Jim Lamont commented on his concerns regarding the differences between short-term rentals and bed and breakfasts, but that he appreciated the efforts and time everyone had put into this item. Trevor Bradway stated he was concerned over owners not being present at their bed and breakfasts, that most were run by agencies; he was also concerned with potential regulation problems and wanted agencies licensed as required by state law. At this time, Tom Steinberg amended his motion to deny the ordinance and send it back to the PEC to review. Mery Lapin then seconded the motion. A vote was taken and the motion passed 6-1, with Gail Wahrlich-Lowenthal opposing. Mike Cacioppo commented that short-term units and bed and breakfasts require less parking than do long-term rental units. Peter Patten then asked for clarification by Council on what the PEC would be asked to look at. Mery Lapin replied the parking spaces needed and was there actually a higher use than short-term rentals. Larry remarked bed and breakfasts were included in the business license fee ordinance amendment, and asked the Council to agree that a fee should or should not be paid. He then answered questions of Council. Peter asked what zone areas did the Council have questions about in regards to parking issues; Tom Steinberg replied Commercial Core I and II and multi -family. He felt bed and breakfasts should be kept to lower density areas. The next item was Ordinance No. 7, Series of 1989, second reading, regarding Special Development District No. 14 for the Doubletree Hotel. Mayor Rose read the full title of the ordinance. Rick Pylman noted the copy of the ordinance the Council received had two typographical errors, but the correct version was published in the paper after first reading. He reviewed the corrections and why they were made. • There was much discussion by Council and staff about gross residential floor area (GRFA) and zone densities. Jay Peterson, representing Vail Holdings, Ltd., owners of the Doubletree, gave an explanation of the requested SDD density and referred to the Master Plan. He then gave detailed background information on the area and why SDD's were good planning. Staff then answered questions of Council. Much discussion ensued regarding hotel rooms converted to condominiums and the possible attractiveness of the limited kitchens in the hotel rooms. John Slevin asked that Council look at the conversion process at an upcoming Work Session. Eric Affeldt then made a motion to approve the ordinance on second reading, which John Slevin seconded. Gail Wahrlich-Lowenthal questioned the twenty year limitation, to which Peter Patten replied that Council had decided that figure and he did not know exactly why 20 years was chosen. John Slevin asked that Eric amend his motion to add language regarding the conversion. Eric Affeldt amended his motion to include language so hotel rooms would not ever be converted to condominiums at all. John Slevin then seconded the motion. Eric then remarked he was not excited about seeing applicants come in with no present intention to actually do a development they are requesting and that improvement does not automatically equal increased density. A vote was taken and the motion passed 5-2, with Mery Lapin and Tom Steinberg opposing. The third item on the agenda was Ordinance No. 6, Series of 1989, second reading, •amending the Town of Vail investment policy. The full title was read by Mayor Rose. Charlie Wick gave brief background information on the ordinance. Eric Affeldt suggested a Councilman sit on the Investment Policy Committee so Council would be a little more comfortable. John Slevin stated his concerns over that suggestion, and Eric withdrew his suggestion. At this time, a motion to approve the ordinance on second reading was made by Eric Affeldt and seconded by Tom Steinberg. There was a short discussion regarding certificates of deposit. A vote was then taken and the motion passed unanimously 7-0, The next order of business was Ordinance No. 8, Series of 1989, first reading, amending the business license ordinance. Mayor Rose read the full title of the ordinance. Danielle Hild remarked there were only administrative changes made to the ordinance; some items defined more clearly and correcting a few errors. It was then discussed that Section 1 of the ordinance dealing with bed and breakfasts be deleted. Mery Lapin left the room at this time. John Slevin had questions regarding the real estate business licensing fees. Eric Affeldt made a motion to approve the ordinance with the deletion of Section 1. Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 6-0. Mery Lapin returned. •The fifth item was the Gunn variance requests. Mayor Rose explained the applicant had requested the item be tabled for another week. There was some discussion by Council and the time frame was corrected to two weeks until the next Evening Meeting April 4. John Slevin made a motion to table the item, which was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 7-0. The next item was the McCue variance appeal. Kristan Pritz explained there were actually two requests for variance: 1) a side setback variance to add a deck, and 2) a side setback variance to construct a second floor addition. She gave detailed background information on both requests. The expansion utilized the 250 square foot ordinance. She reviewed the criteria used, the finding, and why staff recommended denial. Kristan noted the Planning and Environmental Commission voted 3-3, which results in a denial. Robert McCue explained what he was trying to do at his home and why the variances were needed. He felt a precedent had been set by other neighbors. He then distributed photographs of his residence and explained exactly what they showed. Bill Pierce spoke on zoning issues regarding this subdivision and reviewed the reasoning of the PEC members who voted yes for the variances. Mr. McCue reviewed the findings and explained why he felt he was within the guidelines and should be granted the variances. Both Mr. McCue and Mr. Pierce then responded to questions and remarks by Council. After much discussion by Council, staff, and the applicant, Mery Lapin made a motion to uphold the PEC decision of denial because • of the finding the variance would be granting the applicant a special privilege. -2- Mike Cacioppo seconded the motion. A vote was taken and the motion passed unanimously 7-0. Mr. McCue thanked the Council for hearing him out. There was no Citizen Participation. There being no further business, the meeting was adjourned at 10:35 p.m. ATTEST: Pamela A.tran meyer, Town Clerk .Minutes taken by Brenda Chesman • Respectfully submitted, er�� Kent R. ose, ayor -3- 11