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HomeMy WebLinkAbout1989-05-02 Town Council MinutesMINUTES VAIL TOWN COUNCIL MEETING TUESDAY, MAY 2, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 2, 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 Gail Wahrlich-Lowenthal Michael Cacioppo Members Absent: Mery Lapin Tom Steinberg Town Officials Present: Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first order of business was approval of the minutes from the April 4th and 18th, 1989, meetings. Eric Affeldt moved to approve these minutes. John Slevin seconded that motion. A vote was taken and the motion passed unanimously 5-0. The second order of business was Ordinance No. 9, Series of 1989, a first reading, an ordinance requesting a rezoning from High Density Multiple Family Zone District to Commercial Service Center, with a special development district, to allow for additional parking, loading, and an expansion of the Vail National Bank Building. Mayor Rose read the title in full. Rick Pylman explained the reason for this zoning request stating that the existing Vail National Bank Building consists of a three-story office building, with two levels of underground parking. The first floor of the building is occupied by the Vail National Bank, with the two upper floors leased to various professional offices. The site upon which the building sits is in the High Density Multiple Family Zone District, and at the time this project was built in 1976, the office space was approved as a conditional use. Later, office use was removed entirely as a use from the High Density Multiple Family Zone District. As a result, any additional office space would not be allowed today. For this reason, the owners of this building wish to rezone the property to Special Development District, with limited underlying uses listed in the Commercial Service Center Zone District. The applicant is requesting to restrict the permitted uses to the following: 1) Professional offices, business offices and studios 2) Banks and financial institutions 3) Business and office services 4) Travel and ticket agencies • 5) Additional offices, businesses or services determined to be similar to permitted uses Criteria to be used in evaluating this proposal were those for a request for zone change as well as the nine development standards, as set forth in the Special Development District Chapter of the Zoning Code. First to be considered was evaluation of a zone change request from High Density Multiple Family Zone District to Special Development District, with underlying commercial service center zoning. 1) Suitability of existing zoning. 2) Is the amendment presenting a convenient, workable relationship within land uses consistent with municipal objectives? 3) Does the rezoning provide for the growth of an orderly, viable community? 4) Criteria relating to the land use plan, i.e., the land use plan designates this area as resort accommodations and services, but the land use plan does not specifically designate this site as an office area. Staff believes that the office use does make sense due to the following: A. The property's proximity to the South Frontage Road and I-70; and B. Other adjacent offices and public uses such as the hospital and Municipal Building; and C. The fact that the office use already exists. • The second grouping of criteria relates to design standards or criteria in evaluating SDD proposals. 1) Design compatibility and sensitivity to the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, and orientation. 2) Uses, activity, and density that provide a compatible, efficient, and . workable relationship with surrounding uses and activity. 3) Compliance with parking and loading requirements as outlined in Section 18.52. 4) Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies, and Urban Design plans. 5) Identification and mitigation of natural and or geologic hazards that affect the property on which the Special Development District is proposed. 6) Site plan, building design and location, and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7) A circulation system designed for both vehicles and pedestrians on and off site traffic circulation. Rick noted at this point that this area specifically was of Planning Commission concern in regard to a pedestrian walkway between the bank and the hospital. 8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views, and function. 9) Phasing Plan or Subdivision Plan that will maintain a workable, functional, and efficient relationship throughout the development of this special development district. The Staff recommendation was for approval of this rezoning and Special Development District, with the following conditions: 1) 2) 91 0 4) The owners receive a CDOH approval for their access permit request before building permit is released for the proposed bank expansion. That the uses allowed under the Special Development District with the underlying Commercial Service Center Zoning shall be limited to the following: a. Professional offices, business offices and studios b. Banks and financial institutions c. Business and office services d. Travel agencies e. Additional offices, business or services determined to be similar to permitted uses. Retail uses are specifically not allowed on this property. Any landscaping that dies within one year of the transplanting shall be replaced with a similar size and type material by the owners of the bank. In respect to the cottonwoods, if they die, three new trees having each a diameter of 8" to 12" shall replace the existing trees. The height of the new trees shall be a minimum of 25 feet. This later was amended by Planning Commission to include the wording that any landscaping that dies within a two year period of transplanting shallbe replaced with a similar size and type material by the owners of the bank. If the loading zone is relocated in the future, the new location shall be approved by the PEC using the major amendment to an SDD review process. Mr. Pylman summarized by saying that the staff felt it was appropriate to rezone this property to a district that allowed for office use. He also stated that staff believed the special development district zoning allows for flexibility and the thorough review of any future development on this particular site. He finalized his comments by commending the owners of the bank and the hospital for working together to address both staff and PEC concerns. At this point, several individuals from the audience spoke on behalf of the applicant. Sid Shultz, acting as architect, spoke to the pedestrian access and landscaping; Paul Powers, working with the Vail National Bank Building, addressed on -site parking; and Jay Peterson, an attorney representing the bank building, addressed parking as it relates to the travel agency that has been included in this revised ordinance. Eric Affeldt then moved to approve Ordinance No. 9, Series of 1989, on first reading, with a second from Mike Cacioppo. Gail Wahrlich-Lowenthal stated she would vote against this ordinance due to her belief that parking was inadequate. She also requested that the staff should really evaluate what is going on with this particular building as it relates to the rest of the community and potential renovations and requests of this sort that the staff and Council will be seeing in the future. Eric Affeldt, in regard to his motion, also strongly suggested that DRB work with the Vail Valley Medical Center for the pedestrian bridge between the two properties, those properties being the medical center and the -2- It, bank building. Mike Cacioppo also stated strong feelings regarding the potential of the loading zone in its present location and the difficulty that this would create. John Slevin requested that staff revise its policy on office building parking, and with this, a vote was taken and the motion passed, 4-1, with Gail Wahrlich-Lowenthal voting against that motion. . Item 3 on the agenda was action on a proposed contract to vacate 66 square feet of Forest Road right-of-way in exchange for $30,000.00 (Ron Byrne, Charles Biederman). Kent Rose supplied background in regard to this proposed contract stating that a new proposition was to be presented to the Council. He described this new proposition as follows: That the $30,000.00 would be assessed for use or purchase of an easement and that this easement would remain encumbered until such time that the property was renovated or torn down. Jay Peterson, attorney for the applicant, further stated that this should he viewed as a perpetual easement, subject to the terms Kent had just described. Clarifications were then made in regard to Resolution No. 17, and pertaining to this easement. Those changes were as follows: 1) Resolution No. 17 changed to Number 22; and 2) The easement should be between the Town of Vail and Forest Road Associates, rather than Charles Biederman; and 3) A new survey, including the garage overhang, be completed and attached to the easement. To coincide with current Town of Vail Building Code, it was discussed that as far as the garage being destroyed, this means more than 50% of that garage structure being destroyed. With these changes, John Slevin moved to approve Resolution No. 22, Series of 1989, and Kent Rose seconded this motion. Gordon Brittan spoke at this time to state as a citizen of the Town he felt the only equitable way for the Council to handle this matter was to require the garage to be torn down. John Slevin then amended his motion to include the changes previously discussed, as well as, changing the term "residential" on page 2 of the Resolution to "garage". A vote was taken and the resolution passed 4-1, with Eric Affeldt voting against this resolution. Backtracking to Item 3, Action on Proposed Contract to Vacate 66 Square Feet of Forest Road Right -of -Way in exchange for $30,000 (Ron Byrne and Charles Biederman), no action was taken. In regard to Item 4, Ordinance No. 10, Series of 1989, first reading, an ordinance vacating that .portion of the platted Forest Road right-of-way, Vail Village, first filing, and setting forth details related thereto, John Slevin made a motion to deny the ordinance, and this was seconded by Kent Rose. A vote was taken and the motion passed unanimously 5-0. The next items of business were Resolution Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Series of 1989, designating the following as •depositories for the funds of the Town of Vail as permitted by the Charter of the Town, its Ordinances and the statutes of the State of Colorado. They are as follows: Resolution No. 6 Resolution No. 7 Resolution No. 8 Resolution No. 9 Resolution No. 10 Resolution No. 11 Resolution No. 12 Resolution No. 13 Resolution No. 14 Resolution No. 15 Resolution No. 16 Resolution No. 17 Resolution No. 18 Resolution No. 19 Resolution No. 20 Resolution No. 21 Firststate Financial, Orlando, Florida Sterling Bank, Burbank, California Security Bank of Kansas City, Kansas City, Kansas Farmers State Bank, Denton, Montana Coral Coast Savings Bank, Boynton Beach, Florida Bank of Horton, Horton, Kansas First Federal of the Carolinas, High Point, North Carolina San Antonio Federal Savings Bank, San Antonio, Texas Sterling Savings & Loan, Irvine, California First Savings & Loan, Beverly Hills, California Franklin Bank, San Mateo, California Security Savings & Loan, Chicago, Illinois Hawthorne Savings & Loan, Hawthorne California Midstate Savings & Loan Association, Baltimore, Maryland Exeter Bank, Exeter, New Hampshire First National Bank of Glens Falls, Glens Falls, New York -3- Gail Wahrlich-Lowenthal moved to approve these resolutions, with a second from John Slevin. A vote was taken and the resolution passed 4-1, with Mike Cacioppo voting against these resolutions because he was unfamiliar with Security Bank of Kansas City. Item 6 on the Agenda was Proclamation No. 1 declaring June, 1989, as Colorado iRecycling Month. Eric Affeldt moved to approve this proclamation with Mike Cacioppo seconding that motion. A vote was taken and the motion passed unanimously 5-0. The next item of business was action to grant permission to the Vail Metropolitan Recreation District for the construction of Volleyball Courts at the east end of the Athletic Field on Vail Valley Drive. After a brief discussion regarding the positioning of these fields and some introductory remarks by Pat Dodson, John Slevin moved to grant permission to the VMRD for this construction with the provision that if parking problems occur, the VMRD Board address and correct them. Eric Affeldt seconded that motion. A vote was taken and the motion passed unanimously 5-0_ Under Citizen Participation, there was none. There being no further business, the meeting was adjourned at 9:50 P.M. ATTEST: PamelArWndmey�er, own Clerk Minutes taken by Pamela A. Brandmeyer • i Respectfully submitted, Kent oseSayor -4-