HomeMy WebLinkAbout1993-08-17 Town Council MinutesMINUTES
VAIL TOWN COUNCIL MEETING
AUGUST 17,1993
7:3a rav,.
A regular meeting of the Vail Town Council was held on Tuesday, August 17, 1993, in the
Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:35
P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
Jim Gibson
Jim Shearer
Tom Steinberg
Rob LeVine
Bob Buckley
MEMBER ABSENT: Mery Lapin, Mayor Pro-Tem
TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager
Tom Moorhead, Town Attorney
Holly McCutcheon, Town Clerk
Before Citizen Participation, Mayor Osterfoss reviewed the criteria for nomination of
applicants for the Chuck Anderson Youth Recognition Award. Ernest Medina, Jr., one of this
year's award recipients, had been unable to attend the award presentations made on July 6,
1993, and, in town this evening, he was formally presented his award. Bob Buckley spoke
highly in Ernest's behalf, and Ernest thanked Council.
Agenda Item No. 1 was Citizen Participation. Christy Hochtl expressed concern about 1-70
noise levels and safety issues. She felt the most immediate solution to her concerns was
lowering the speed limit from 65 mph to 55 mph on sections of I-70 passing through Vail and
the east and west Vail outskirt sections of the interstate. Ms. Hochtl noted 65 mph speed
limits were lowered through most of the towns along I-70, and questioned why Vail's was not.
She felt the cost of this option would only be related to changing speed limit signage, and,
if the limits were properly enforced, would raise money and save lives. She also point out
that out-of-state drivers, in particular, do not understand the driving dangers associated with
the high speed limit and unsafe driving conditions related to weather and road conditions,
and they do not attempt to slow down. She urged Council to examine options, include
concrete walls to cut down on the traffic noise. Jim Gibson shared Ms. Hochtl's concerns, but
felt if the speed limit were lowered, jake brakes would be used all of the time. He also felt
Vail looked better than a wall to cut down noise levels, feeling better enforcement was
needed. It was pointed out the "Trees for Vail" program was, in part, designed to help absorb
noise from 1-70. Mayor Osterfoss advised Ms. Hochtl this issue was one of Council's short
and long term goals, and suggested she put her ideas in writing.
Item No. 2 was a Consent Agenda consisting of one item. Mayor Osterfoss read the title in
full:
Ordinance No. 18, Series of 1993, second reading, an ordinance amending Title 17,
Subdivisions, and providing for a requirement for proof of payment of property taxes;
and setting forth details in regard thereto. The applicant was the Town of Vail.
Rob LeVine moved to approve Ordinance No. 18, Series of 1993, on second reading, with a
second from Jim Gibson. A vote was taken and the motion passed unanimously, 6-0.
Item No. 3 was Ordinance No. 16, Series of 1993, second reading, an ordinance repealing and
reenacting Ordinance No. 29, Series of 1977, Ordinance No. 33, Series of 1978, and Ordinance
No. 24, Series of 1986; an ordinance amending Special Development District (SDD) No. 5
(Simba Run/Vail Run) and providing for a development plan and its contents; permitted,
conditional and accessory uses; development standards, recreation amenities tax, and other
special provisions; and setting forth details in regard thereto. The applicant was Simba Land
Corporation/Walid Said. Mayor Osterfoss read the title in full. Mike Mollica pointed out
0
changes to Section 9 - Special Provisions, including Section 9(A)(1)(a) and (b)(i) and (ii) and
Section 9(A)(2) relating to conservation and pollution controls, Section 9(B) related to
Employee Housing Units (EHUs), and Section 9(F)(2) and (6) related to additional
requirements of the ordinance since first reading. A typo was also noted for correction in
Section (9)(B) to indicate that unit numbers 1201, 1205, and 2205 (not 2202) would become
"free-market" dwelling units. Mike and Jim Shearer had visited the development the
previous week, and Jim Shearer noted they had met with representatives of the owners and
representatives of the condominium association. He stated he had been pleasantly surprised
at the units offered to TOV as part of this SDD request. Jay Peterson said he had spoken
to Mr. Said, the developer, and Mr. Said indicated, of the existing six EHUs, he wanted to
keep three (3) one (1) bedroom units, numbers 2207, 2401, and 2402, as the permanently
deed restricted Type III EHUs. There was Council consensus on which three (3) of the six
(6) existing EHUs would become "free-market" units and which would become restricted
dwelling units. Per the ordinance, the applicant also agreed, as part of Phase II of the
project, to permanently restrict four (4) additional EHUs as Type III EHUs, according to
TOV's adopted housing ordinance. Mr. Peterson, noting the ordinance also required the
applicant to construct and maintain a public pedestrian path through the property (north to
south) and grant a public access easement to TOV prior to TOV's issuance of any Temporary
Certificate of Occupancy for Phase II construction, and additionally, asked TOV to indemnify
the applicant on the pedestrian path. Tom Moorhead felt that the request was reasonable.
After brief discussion, Jim Gibson moved to approve Ordinance No. 16, Series of 1993, on
second reading, with a second from Tom Steinberg. A vote was taken and the motion passed
unanimously, 6-0.
Item No. 4 was Ordinance No. 11, Series of 1993, first reading, an ordinance rezoning Tract
C of the Spraddle Creek Estates Subdivision from Greenbelt and Natural Open Space zoning
to Single Family Residential zoning, a tract located within Spraddle Creek Estates
subdivision, an approximately 40 acre parcel located north and east of the Main Vail I-70
interchange. The applicant was SBC Development Corporation, a Colorado Corporation.
Mayor Osterfoss read the title in full. The applicant was requesting a setback variance, a
minor subdivision and rezoning in order to locate a gatehouse, which would include the
subdivision's caretaker dwelling unit, on the site. Mike Mollica referenced the Community
Development Department's (CDD) August 9,1993, memo to the Planning and Environmental
Commission (PEC), in particular the section of the memo regarding evaluation of criteria of
the zone change request from Greenbelt and Natural Open Space to Single Family
Residential Zone District. The above referenced memo stated, at this time, all of the
conditions of the major subdivision approval had been fulfilled and construction of the
subdivision's infrastructure was underway. Mike summarized and stated that staff was
recommending approval of the rezoning to Single Family Residential. He pointed out the
applicant was proposing to restrict the property to a permanently deed restricted EHU. He
also noted the GRFA was being significantly reduced. Under Single Family Residential
Zoning this lot would have construction capacity for approximately 7,500 square feet of
GRFA; the applicant was proposing a maximum total of 1,625 square feet. Floor plans were
displayed and reviewed by Mike. He added the site coverage would also be reduced to 2,000
square feet, and the applicant had agreed to waive the "250 allowance" which would normally
be available to any property with a dwelling unit on it. Mike said the ownership of the
property would remain with either SBC Development Corporation or the Spraddle Creek
Homeowners Association and that had been built into the covenants which TOV was a party
to. The covenants could not be changed without the approval of TOV. The PEC reviewed
this, approved the minor subdivision, and the variance with the condition that the zone
change be approved. The PEC also recommended approval of the zone change. In response
to Rob LeVine's question about TOV being a party to the covenants, Mike said TOV does not
actually sign the covenants, but there were a number of sections in the covenants which could
not be amended without the approval of TOV. As one example, Mike stated that there was
language in the covenants regarding three (3) caretaker units in the subdivision, and there
was a requirement that three (3) of the lots have restricted EHUs and that this language
could not be modified without the approval of TOV. Additionally, the Design Guidelines were
an exhibit to the covenants which also could not be modified without the approval of TOV.
Jay Peterson noted the developer was under a ninety (90) day obligation under the covenants
to transfer not only the gatehouse (Tract C), but the open space tracts to the Homeowner's
Association. After brief discussion, Jim Gibson moved to approve Ordinance No. 11, Series
of 1993, on first reading, with a second from Jim Shearer. A vote was taken an the motion
4Ppassed unanimously, 6-0.
0 • •
At 8:10 P.M., Jim Gibson moved that Council adjourn to Executive Session regarding Legal
Matters, with a second from Jim Shearer. A vote was taken and the motion passed
unanimously, 6-0.
Council reconvened the Evening Meeting at 8:30 P.M.
Item No. 5 was Ordinance No. 17, Series of 1993, first reading, an ordinance approving a
Special Development District (known as SDD No. 28, The Valley, Phase 11), and the
development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting
forth details in regard thereto. The applicant was Steve Gensler/Parkwood Realty. Mayor
Osterfoss read the title in full. Andy Knudtsen explained this proposed development was for
two areas at the top of the Valley - an upper development area and a lower development area
for a total of nine (9) single family homes. He focused on three points of discussion brought
up at the August 3,1993, Evening Meeting. The three major issues discussed had been slope,
natural hazards, and housing. With regard to slope, Andy noted that there had been a site
visit earlier this day and that six (6) different sites around Town provided examples of how
homes were built on slopes exceeding forty percent (40%). As far as the natural hazards
issue, Andy stated he had spoken with Tom Braun, planning consultant for Steve Gensler,
and word had been received from the geologist, Nick Lampiris, indicating that this set of
natural rockfall hazard was not as significant as many other examples in the Valley, and the
proposed mitigation was more than adequate. Andy distributed a study prepared by Rosall,
Remmen and Cares (RRC) addressing the last area of concern previously questioned by
Council, EHUs. The study included a set of multipliers for different types of uses, and Single
Family was included. Andy advised there was some discussion by the RRC as to whether
residential should be included in addition to commercial, and the final recommendation was
to give TOV ratios for all uses. Andy said the report was approved by Council, in its entirely.
Andy pointed out the criteria of the SDD was in the memo dated April 26, 1993, from CDD
to the PEC. There were also 1993 letters from neighbors, mostly dated January, 1993, and
Andy indicated there was a significant change between January and April, 1993, when the
applicant was able to identify many trees and make changes to his proposed project to save
them. Andy added neighbors were still fairly concerned about the project, but staff believed
there were significant changes to maintain the buffer and the landscaping to keep the
development as integrated into the hillside as possible. The PEC had voted 4-1
recommending approval of the project; Jeff Bowen had voted against it feeling the forty
percent (40%) slope was too steep for construction. Staff had recommended approval and
asked Council for approval. Andy advised there were also several conditions of approval
listed in the April 26, 1993, memo which were also identified in Ordinance No. 17, Series of
1993, and all of those conditions of approval would apply if this ordinance were passed on
first reading. Tom Braun spoke about the specific challenges and adjustments made to this
project and detailed efforts made to answer Council's previous concerns. He advised there
was originally not an EHU in their plan and there still was not. He discussed the inclusion
of EHUs in this and other projects. Mr. Braun felt there needed to be a relationship between
level of development being asked for in specific projects and requirements for EHUs. He said
he had heard a couple of reasons for why he should provide EHUs, one being that they were
asking for an SDD. He said in the past five (5) to ten (10) years SDD's had been the
mechanism where requirements for affordable housing had come into play, but he felt those
had been typically been associated with larger scale projects which included requests for
additional density. He agreed affordable housing was a community need, but felt there
needed to be parameters to establish under what circumstances EHUs were required to be
provided. He said the requirement for an EHU in this project took them by surprise given
what they were asking for. He asked Council to re-examine if it was appropriate and
reasonable to impose such a requirement on this project. He strongly suggested Council
amend TOV's SDD ordinance or establish a formal policy statement or provision to inform
property buyers and developers what the expectations in this area would be. There was a
lengthy discussion about considerations and specific suggestions for the inclusion of an EHU
in this project, including the possibility of an off -site EHU. The final amended motion to
approve Ordinance No. 17, Series of 1993 was made by Jim Shearer. He moved to approve
Ordinance No. 17, Series of 1993, on first reading with the provision that the developer
include a permanently restricted 450 square foot EHU, and that staff be directed to work out
the placement of that permanently deed restricted unit with the applicant (to be located on
the lower portion of Tract B) by second reading. Jim Gibson seconded the amended motion.
Before a vote was taken, Tom Steinberg explained why he was going to vote against this
SDD. He felt the area was already too dense, the road was a problem and was not practical,
it and he did not believe that the previous County approval should influence a TOV decision.
i • •
He felt the land was being abused and it would eventually be a horrible project. A vote was
taken and the motion passed, 5-1, Tom Steinberg opposed.
Item No. 6 was Ordinance No. 19, Series of 1993, first reading, an ordinance amending
Chapter 18.24 of the Municipal Code of the Town of Vail by deleting Section 18.24.058, and
amending Chapter 8.24 of the Municipal Code of the Town of Vail by the addition of Section
8,24.058, controlling undesirable plants within the Town, declaring such plants a nuisance,
setting forth penalties for the violation of this ordinance; and setting forth details in regard
thereto. Mayor Osterfoss read the title in full. Tom Moorhead explained that Section
18.24.058 had been found to be under the wrong Title in the Municipal Code of the Town of
Vail, and Ordinance No. 19, Series of 1993, amended Chapter 8.24 to correct that. He stated
there was no change to the original ordinance. After discussion, Jim Gibson moved to
approve Ordinance No. 19, Series of 1993, with a second from Jim Shearer. A vote was taken
and the motion passed, 4-2, Tom Steinberg and Bob Buckley opposed. They recalled they had
voted against the original ordinance as being useless.
There being no further business, a motion to adjourn the meeting was made and passed
unanimously. The meeting was adjourned at 9:00 P.M.
Respectfully submitted,
Mar et A. Osterfoss, May
F.VWI VD619,
C� ,y t
Holly . McCutcheon, Town Clerk
Minutes taken by Dorianne S. DSW
0
0 CAMINAUG17.93