HomeMy WebLinkAbout1997-06-17 Town Council MinutesMINUTES
%AIL TOWN COUNCIL MEETING
June 17, 1997
7:30 P.M.
A regular meeting of the Vail Town Council
was held on Tuesday, June 17, 1997, in the Council Chambers of the Vail
M16ipal Building. The meeting was called
to order at approximately 7:30 P.M.
MEMBERS PRESENT:
Robert W. Armour, Mayor
Sybil] Navas, Mayor Pro-tem
Rob Ford
Michael Jewett
Ludwig Kurz
MEMBERS ABSENT:
Kevin Foley
Paul Johnston
TOWN OFFICIALS PRESENT:
Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation, of which there was none
Second on the agenda was presentation of the Town's Audited Financial Statements. Town of Vail Finance Director,
Steve Thompson, Finance Manager Christine Anderson, and Auditor, Jerry McMahon presented the audited financial
stents for 1996. Jerry complimented Town of Vail finance staff, and stated that no major adjustments were
m In answer to a council member question, Jerry said the audit was required by state audit law and the home
rule charter. Mayor Armour thanked the Finance Department for a job well done.
Sybill then moved to accept the 1996 audit and financial statements, and Ludwig seconded the motion. A vote was
taken which passed unanimously, 5-0.
Agenda item number three was Ordinance No. 12, Series of 1997, First Reading, an ordinance establishing Special
Development District No. 35, Austria Maus, and providing for a development plan and its contents; development
standards; and other provisions; and setting forth details in regard thereto. Mayor Armour read the title in full. Town
Planner, George Ruther presented the item. The Applicant, Sonnenalp Properties, Inc., was represented by Gordon
Pierce.
George referred to a memorandum prepared by the Community Development Department staff dated June 17, 1997
to the Vail Town Council and a memorandum dated June 9, 1997 to the Planning and Environmental Commission,
("PEC"). On June 9, 1997, the PEC recommended a conditional approval (6-0) of the applicant's request for the
establishment of Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/on a part of
Tract C, Block 5-D, Vail Village 1st Filing. The staff recommendation was for approval of Ordinance No. 12, Series
of 1997 on First Reading.
Gon Pierce presented a revised development plan which had been scaled down considerably from the applicant's
previous proposal, having removed approximately 5,205 square feet of GRFA. The newly proposed project included
18 member -owned fractional fee club units, 25 hotel rooms and one on -site manager's residence, plus 5,402 square
feet of commercial/retail space, meeting room facilities, an outdoor pool and other hotel/lodge accessory facilities.
Jim Lamont of the East Village Homeowners Association urged council members to modify the Vail Village Master
Plan; to rezone the property as well as the Vail Athletic Club and the Mountain Haus sites; and to refine the towns
SDD process.
Gary McDaniel representing the Village Center Condominium Association commented on the Center's opposition to
a streamwalk and said the group was disappointed to hear that a swimming pool had been added to the Austria Haus
project at such a late date.
Ludwig moved approve Ordinance No. 12, Series of 1997 on first reading contingent upon the following conditions
being incorporated into the ordinance by second reading:
• Work with Village Center residents to move the outdoor pool as far east as possible.
• Create a belvedere in Slifer Square as part of the off -site improvements.
• Install the infrastructure for heated pavers at the west end of Slifer Square.
• Eliminate a provision in the ordinance that calls for the applicant not to remonstrate against a streamwalk
should the town choose to expand the streamwalk in the future.
• Include a list of off -site improvements to the ordinance for second reading.
• include a streambank restoration plan to the ordinance for second reading
• Modify condition number seven to include the words "adjacent to" the underground parking structure.
Vail Town Council Evening Meeting Minutes June 17, 1997
Remove an off -site improvement requirement to place $100,000 into an escrow account for the possible
construction of a streamwalk along the property.
• Require an amendment to the SDD should the applicant wish to transfer any of its employee housing deed
restrictions to another site.
Sybill seconded the motion and a vote was taken, which passed unanimously, 5-0.
F& on the agenda was a Council call-up of a request for a conditional use permit to allow for a brew -pub and a
request for a variance from Section 18.26.040 J, to the requirement that no more than 45% of the annual production
be sold for off -site consumption and a variance to the requirement for 50% of the parking to be located on -site
(Section 18.26.150), located at 600 Lionshead Mall (Gondola Building)/Lot 4, Block 1, Vail Lionshead 1st Filing.
Town of Vail Planner Dominic Mauriello presented the item and gave the following background: the applicant was
Vail Associates, Inc., and was represented by David Thorpe.
The PEC, at its June 9, 1997 meeting, approved the applicant's request for a conditional use permit for a brew pub,
a variance allowing 90% of the product to be sold for off -site consumption, and a variance allowing all parking to be
provided via payment into the pay -in -lieu fund. The approval is subject to the following conditions:
1. That the conditional use permit shall be subject to call-up and review by the PEC if it is found that the use is
not operating in compliance with the conditional use permit.
2. That if the building is substantially reconstructed, the conditional use permit shall become void.
3, That the brew pub shall be equipped with an air filtering system to reduce potential odors associated with the
brewing process.
4.0 That the applicant submit a detailed loading and delivery plan which addresses all uses that utilize this loading
facility to the town staff for review and approval. Prior to obtaining a TCO, the site shall be in compliance with
all applicable health codes and other Town requirements. Provisions shall be made for pedestrian access
and other vehicles shall only be parked in designated parking spaces on -site.
The PEC also made the following findings:
1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations
on other properties classified in the same district_
2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity.
3. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance
that do not apply generally to other properties in the same zone.
At the PEC hearing, the application was modified to allow for an outdoor dining area. The revised parking
requirement is 31.38 parking spaces (4,725 sq. ft./120 sq. ft. - 8 parking space credit), requiring a payment of
$51,494.59 ($16,905.5 per space) into the parking fund. The Staff Recommendation was for approval of the request
peW PEC approval and conditions.
Those present from Vail Associates included Dave Thorpe, Jack Hunn, and Joe Macy. Dave Thorpe explained that
the building owner, Vail Associates, wanted to lease the space to a Bavarian Brewery. Finn Knudtsen, representing
the leaseholder was present and addressed the proposed brewery operations, including amount of production, plans
to curb odors associated with production, and loading and delivery plans, among other issues.
Jack Hunn, Director of Real Estate Development for Vail Associates said he agreed with the staff's parking
calculations, and understood that the fees would run with the land as an investment toward future redevelopment.
PEC Chairman, Greg Moffit, stated that the PEC was very comfortable with the proposed plans for the site and
explained that the initial brew pub ordinance was very restrictive and overprotective. He said he was impressed with
the company's ability to move manufactured product up the mountain to other sites, without much impact to current
traffic flows.
Although he felt a brew pub would work well in Liosnhead, Rob Ford stated he objected to the pay -in -lieu requirement,
as he felt spaces should be provided on -site. He said he was concerned that the future Lionshead redevelopment
proposals would rely on the parking -pay -in -lieu program rather than providing the spaces on -site.
T of Vail Senior Planner, Mike Mollica stated that redevelopment should be considered separately when the time
Aca taking into consideration the code in effect at the time of redevelopment. He said that currently the code
provides for a pay -in -lieu program.
Other council members said they felt comfortable with the request since there was not space on site to provide
additional parking and because the applicant was prepared to contribute to the pay -in -lieu fund for the amount
Vail Town Council Evening Meeting Minutes June 17, 1997
required.
A motion was made by Mike Jewett to uphold the decision of the PEC with the above -referenced conditions, with a
second from Ludwig. A vote was then taken which passed, 4-1, nob pord voting in opposition.
Agenda item number five was a report from the Town Manager. Bob McLaurin stated he had only one additional
itelo add to his report: the new HTE computer system for the 911 dispatch services would be going on line Friday.
Mayor Armour informed fellow council members of a request from the Vail Tomorrow World Class Resort Team for
the Town to contribute to an effort which would encourage local lodges to upgrade their properties. Sybill moved to
approve a $1000 contribution out of Council Contingency for the project, and Ludwig seconded the motion. A vote
was taken and passed unanimously, 5-0.
Other- Mike Jewett said he had received complaints from residents on Lionsridge Loop regarding speeding traffic.
He suggested signage such as "children at play," installing a speed bump or dip, or having the Police Department
do radar checks. Bob McLaurin said he would have the Police Department look into the matter.
There being no further business, a motion was made for adjournment and seconded. The meeting was adjourned
at approximately 9:55 p.m.
AOST:
Holly McCutcheon, Town Clerk
Respectfully submitted,
Robe W. Armour, Mayor
Minutes taken by Hotty McCutcheon
(�Hames of certain individuals who gave public input may be inaccurate.)
•
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Vail Town Council Evening Meeting Minutes June 17, 1997
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outh Frontage Road
Colorado 81657
970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
.tune 18, 1997
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL. HIGHLIGHTS FOR JUNE 17
Work Session Briefs
Council members present: Armour, Ford, Jewett, Kurz, Navas
--Site Visit and Discussion of Buffehr Creek Park Use
Following a site visit, a discussion with neighborhood representatives and review of a
recommendation from the town's insurance broker, Councilmembers voted 5-0 to
remove a dirt bicycle track which had been constructed (without permission) on Town
of Vail property adjacent to Buffehr Creek Park. In voting for the track's immediate
i removal, Council members sympathized with the users but said they had no other
choice but to discontinue use of the track due to liability concerns. The town's
insurance broker, Bill Adams, raised liability concerns about the track, especially for
younger users who may not be old enough to realize the dangers involved. A separate
insurance policy was estimated at $10,000 to $25,000. To minimize the risk, Adams
suggested modifying the track to remove the jumps. But Councilmembers feared a
re -worked track could cause additional liability to the town. Adams said his bike track
concerns were not meant to discourage the community's exploration of a possible
skateboard park in Vail. That's because skateboard parks have engineering standards
and other specifications approved by insurance carriers. Also yesterday, the Council
directed staff to mow the lot and asked that a dirt bicycle course continue to be
included on a list of possibilities for the property's future use. The town purchased the
quarter -acre parcel last June for $190,165 in an effort to expand West Vail's
recreation/open space and to further enhance and enlarge the existing Buffehr Creek
Park for the current neighborhood, as well as to include the new Vail Commons
homeowners. The town's timetable includes a public process to identify uses for the
park during 1998, with construction (if needed) occurring in 1999. For more
information, contact Assistant Town Manager Pam Brandmeyer at 479-2113.
--Brew-Pub Site Visit
The Council visited the gondola building in Lionshead in preparation for discussion of a
conditional use permit for operation of a brew -pub on the building's second floor. The
request, which had been approved by the Planning & Environmental Commission, was
upheld by a vote of 4-1 at the evening meeting. See evening meeting for details, or
contact Dominic Mauriello in the Community Development Department at 479-2148.
(more)
ow RECYCLEDPAPER
`r
TOV Council Highlights/Adds •
--Presentation of Silver Wreath of Valor to Fred Carsky
Acting Police Chief Jeff Layman presented the silver wreath of valor award to Fred
Carsky, a community service officer for the town. Carsky was recognized for an
incident that occurred last March when he stopped a run -away horse carriage in Vail
Village. Carsky chased after the carriage, jumped on, grabbed the reins and steered
the horse into a dead end driveway, preventing serious injury to bystanders. The silver
wreath of valor is the second highest award among six levels of recognition given by
the department. It recognized an act involving risk to the life or physical safety of an
employee, an officer of another police department, or a civilian. For more information,
contact Sgt. Steve Erickson at 479-2249.
--Austria Haus SDD
In preparation for the evening meeting, the Council reviewed the Austria Haus SDD
proposal. Most of the discussion focused on the applicant's financial obligations
associated with off -site improvements. Gordon Pierce, representing the applicant,
asked that a provision to place $100,000 into an escrow account for the possible
construction of a streamwalk be removed from the agreement. Pierce said a town
requirement to improve the streambank was more than adequate in addressing the
streambank issue. He said the escrow provision was creating an unnecessary red flag
for the project. Councilman Rob Ford asked that the project's swimming pool be
relocated to accommodate concerns expressed by the adjoining property owners and
that the streamwalk escrow provision be removed. Also, during the afternoon session, 0
Jim Lamont of the East Village Homeowners Association asked that a streambank
restoration plan be presented for review during second reading of the ordinance. Later
in the evening, the Council voted 5-0 on first reading to approve the SDD with nine
conditions, including removal of any references to a streamwalk. See evening meeting
briefs for more information, or contact George Ruther in the Community Development
Department at 479-2145.
--Contribution Requests
The Council agreed to use a process developed last year for contribution requests from
outside agencies for the 1998 budget. Interested applicants will be asked to contact
the town by mail, fax or phone to request an application. All applications will then be
mailed out on the same day and will be due back to the town four weeks later. The
applications will be reviewed by staff and Council, and available funds will be awarded.
The process eliminates presentations given by applicants in previous years. The town
usually awards approximately $100,000 in discretionary dollars to outside groups.
Typically, requests out -number the dollars earmarked by two to one. Funding
decisions are based on proposals that support: 1 j a positive, sustained economic
climate; and 2) an environmentally sensitive high quality of life. For more information,
contact Christine Anderson in the Finance Department at 479-2119.
--Information Update
Public Works Director Larry Grafel said the Dowd Junction bike path is currently being
paved and should be ready for use by week's end. Also, he said the West Vail
(more)
TOV Council Highlights/Add2
. roundabouts project is running on schedule, with reopening of the underpass occurring
June 20. The Marriott Streamside bridge has been removed and will be recycled and
put to use on bike paths throughout the state, he said. Paving and curb_and gutter
work will be occurring on the intersection's north side this week.
--Other
In response to last week's Council request regarding the outdoor display of
merchandise on Town of Vail property, Dirk Mason, a planner in the Community
Development Department, gave a brief update on his research. Following a walk-
through of Vail Village and Lionshead, Mason said it appears between 50 and 60
stores are displaying outdoor merchandise. He said the next step will be to determine
which of the businesses are using town property for their displays. Because of this
information, there could be a review of the outdoor displays regulation. The issue
surfaced at last week's work session when the owner of a Lionshead bike rental shop
asked the town to consider allowing him to lease town property to display his shop's
bikes. Councilmembers said last week they'll consider possible leasing criteria once
the extent of the problem is understood. For more information, contact Mason at
479-2150.
--After hearing an update on the West Vail bike path project from Town Manager Bob
McLaurin, the Council agreed to authorize a contract for construction. Low bidder is
. Continental West Constructors with a price of $320,000. The path will extend from the
West Vail interchange to Donovan Park, where it will connect with the existing path.
--Assistant Town Manger Pam Brandmeyer gave a brief report on improvements
needed at the Betty Ford Alpine Gardens to comply with the Americans with Disabilities
Act (ADA). She said the improvements would be the responsibility of the Alpine
Garden Foundation.
--In reviewing the town manager's report, Council members expressed concern about
interest by TCI Cablevision of the Rockies to revisit the current franchise agreement.
The 15-year agreement, signed in 1994, provided for a new system that would utilize a
fiber optic technology to improve signal reception and provide increased channel
capacity. The deadline for the system rebuild is Jan. 5, 1998. Several weeks ago, TCI
expressed interest in eliminating the system rebuild by providing increased channel
capacity through "digital compression technology." Town Manager Bob McLaurin said
a change would require a modification of the franchise agreement and would require
approval of the Town Council. McLaurin says he's waiting fora reply from TCI.
Evening Session Briefs
Council members present: Armour, Ford, Jewett, Kurz, Navas
--Citizen Participation
There was no citizen participation.
(more)
TOV Highlights/Add $ •
--Audited Financial Statements
The Council accepted the audited financial statements for 1996 from auditor Jerry
McMahon of McMahon and Associates. McMahon commended the town's Finance
Department for exceptional work, noting the independent review found no material
weaknesses in internal controls. The auditors issued a clean audit opinion.
--Austria Haus SDD
The Council voted 5-0 to approve first reading of the Austria Haus Special
Development District. There were nine conditions attached to the approval:
• Work with the Village Center residents to move the outdoor pool to the east.
• Create a belvedere (look -out area) in Slifer Square as part of the off -site
improvements.
• Install the infrastructure for heated pavers at the west end of Slifer Square.
• Eliminate a provision in the ordinance that called for the applicant not to
remonstrate against a streamwalk should the town choose to expand the
streamwalk in the future,
• Include a list of off -site improvements to the ordinance for second reading.
• Include a streambank restoration plan to the ordinance for second reading.
• Modify condition number seven to include the words "adjacent to" the
underground parking structure.
• Remove an off -site improvement requirement to place $100,000 into an escrow
account for the possible construction of a streamwalk along the property.
.
• Require an amendment to the SDD should the applicant wish to transfer any of
its employee housing deed restrictions to another site.
The scope of the project has been scaled down considerably from the applicant's
previous proposal. For example, 5,205 sq. ft. of GRFA has been removed; the
maximum building height was reduced to 48 ft.; and the number of building stories was
reduced from five to four. The project now includes 18 member -owned fractional fee
club units., 25 hotel rooms and one on -site manager's residence, plus 5,402 sq. ft. of
new commercial/retail space, meeting room facilities, an outdoor pool and other
accessory facilities commonly associated with hotels and lodges. During public input,
Jim Lamont of the East Village Homeowners Association thanked the Council for its
role in reworking the proposal and urged the town to refine its SDD process. He also
asked that the Vail Village Master plan be updated to include a rezoning of the
property, as well as the Vail Athletic Club and Mountain Haus sites. Also appearing
before the Council was Gary McDaniel of the Village Center Condominium Association.
McDaniel stated the Center's opposition to a streamwalk and said the group was
disappointed to hear that a swimming pool had been added to the Austria Haus project
at such a late date. Following the project's first -round approval, Mayor Bob Armour
said he took responsibility for the problems associated with the original SDD
application process. He said he and the other Council members didn't want to make the
same mistakes in the future. Armour and other Council members favor becoming
involved in the SDD process at an earlier stage to clarify the Council's expectations.
For more information, contact George Ruther in the Community Development
.
Department at 479-2145.
(more)
TOV Council Highlights/Add4
--Lionshead Brew -Pub
The Council voted 4-1 (Ford against) to uphold the Planning and Environmental
• Commission approval of a conditional use permit to allow for a brew -pub to be located
on the second floor of the old gondola building in Lionshead. During discussion,
several issues were raised, including a parking -pay -in -lieu requirement of $530,494, or
31 spaces for the site. Councilman Rob Ford objected to the pay -in -lieu requirement,
saying the spaces should be provided on -site. Ford said he was concerned that future
Lionshead redevelopment proposals would rely on the parking -pay -in -lieu program
rather than providing the spaces on -site. However, other Councilmembers said they
felt comfortable with the request since there was not space on site to provide additional
parking and because the applicant was prepared to contribute to the pay -in -lieu fund
for the amount required. For more information, contact Dominic Mauriello in the
Community Development Department at 479-2148.
--Town Manager's Report
In his town manager's report, Bob McLaurin said a new computer system for the area's
911 dispatch services will be going on line this Friday. Also, McLaurin requested and
received authorization from the Council by a 5-0 vote to spend $1,000 out of council
contingency funds to help with implementation of a Vail Tomorrow project
recommended by the World Class Resort Team. The funding will be used to send a
letter to out-of-town property owners urging them to upgrade their properties used for
• short-term rentals.
--Other
Councilman Michael Jewett said he had been receiving complaints from residents on
Lionsridge Loop regarding speeding traffic. He suggested signage such as "children at
play," installing a speed bump or dip, or having the Police Department do radar checks.
Town Manager Bob McLaurin said he'd look into the matter.
UPCOMING DISCUSSION TOPICS
June 24 Work Session
PEC/DRB Review
Community Survey Results with Chris Cares of RRC
Public Works Seasonal Housing Discussion
Lionshead View Corridors
First Quarter Financial Report
July 1 Work Session
Joe Kochera, 25 Year Anniversary
NWCCOG Water Quality/Quantity Update
GRFA Discussion
July 1 Evening Meeting
Second Reading, Ordinance #12, Austria Haus SDD
Lionshead View Corridors
(more)
TOV Highlights/5
July 8 Work Session
DRB Review
Parking Fees
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 1997
SUBJECT: An appeal of a staff decision regarding a proposed batting cage on the outdoor
dining deck of Garton's Saloon, located at 143 East Meadow Drive/Lot P, Block
5D, Vail Village 1 st Filing.
Appellant: Garton's Saloon, represented by Dave Garton
Planner: Lauren Waterton
SUBJECT PROPERTY
The batting cage is proposed to be located on the outdoor dining deck of Garton's Saloon, at 143
East Meadow Drive, Lot P, Block 5D, Vail Village 1st Filing. According to the Town of Vail
Zoning Map, the property is zoned Commercial Service Center (CSC).
• It. STANDING OF APPELLANT
Staff believes the appellant has standing to file an appeal in this case as the appellant, Garton's
Saloon, is the operator of the outdoor dining deck.
Ill. BACKGROUND
On May 23, 1997, Dave Garton requested approval to place a batting cage on the approved
outdoor dining deck, located on the top level of the parking structure at Crossroads. The batting
cage was proposed to be 14 feet wide, 50 feet long and 12 feet high and constructed of a metal
frame with a nylon netting surrounding the frame. Staff reviewed the request and found that the
batting cage did not comply with zoning, and therefore, denied the request.
The outdoor dining deck is allowed as a conditional use within this zone district. In 1996, the
PEC granted permanent approval for a conditional use permit for the operation of an outdoor
dining deck at Garton's. Previously one-year approvals were granted in 1994 and 1995.
A batting cage is an amusement device, which is defined in the Zoning Code as,
"any device which upon insertion of a coin, slug, token, plate or disc, or payment of
any
may be used by the public for use as a game, entertainment, amusement, a
test of skill, either mental or physical, whether or not registering a score, which shall
include, but shall not be limited to: pool tables, snooker tables, foosball tables, pinball
machines, electronic games, fixed stand coin -operated kiddie rides, and mechanical bulls,
but shall not include radios, devices that provide music only, or television carrying
commercial broadcasts:'
WE
The Zoning Code specifies that amusement devices are allowed in minor and major arcades. A
minor arcade is defined as:
"A place of business where an individual, association, partnership or corporation
maintains four (4) or fewer amusement devices." 0
A major arcade is defined as:
"A place of business where an individual, association, partnership or corporation
maintains five (5) or more amusement devices."
Staff determined that Garton's is a major arcade because it maintains more than four
amusement devices. However, Garton's has proposed to reduce the number of devices to four
or less (including the batting cage) in order to be considered a minor arcade.
Major arcades are conditional uses within this zone district and a minor arcade is an accessory
use.
The conditional use section of the Commercial Service Center Zone District states,
"The following conditional uses shall be permitted in the CSC district, subject to the
issuance of a conditional use permit in accord with the provisions of Chapter 18.60:
i. Any use permitted by Section 18.18.28,030 (Permitted Uses) which is not
conducted entirely within a building."
According to the above section, only pffnitte uses are allowed to be located outside, subject to
a conditional use permit. Staff denied the request because neither an accessory use, nor a
conditional use is not explicitly permitted to be located outside as part of the conditional use
permit.
IV. NATURE OF THE APPEAL
The appellant is appealing the staff decision denying the operation of a batting cage on the
approved outdoor dining deck. The appellant has indicated that as part of the conditional use for
the dining deck, accessory uses are permitted to be located outside. Therefore, the approved
conditional use permit allows all accessory uses to a bar or restaurant. The applicant has also
stated that because two pool tables were approved to be located on the deck in 1995, a
precedence has been set to allow accessory uses on the deck.
V. REDUIRED ACTION
Uphold/Overturn/Modify the staff's denial of the request for approval of batting cage.
The Planning and Environmental Commission is required to make findings of fact in accordance .
with Section 18.66.030 (5) shown below:
The Planning and Environmental Commission shall on all appeals make specific findings
of fact based directly on the particular evidence presented to It. These findings of fact
must support conclusions that the standards and conditions imposed by the requirements
of Title 18 have or have not been met.
VI. STAFF RECOMMENDATION
Staff recommends that the Planning and Environmental Commission uphold the staff's denial of
the batting cage on the outdoor dining deck and recommends that the Planning and
*Environmental Commission make the following findings:
1. That the standards and conditions imposed by the requirements of Title 18
(Zoning) have not been met.
That a batting cage, by definition, is an amusement device, which is considered
an accessory use within the Commercial Service Center Zone District.
Accessory uses are not permitted to be located outside, as part of the conditional
use process.
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B A R & G R I L L
P.O. BOX 1057 • VAIL, COLORADO 81658
970-479-0607 • FAX 970-476-7455
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mer ,95) there were no complaints directly associated with this use.
4. This is a device that will draw people from throughout the valley to the Commercial Service
Center District of Vail. There is not a batting cage anywhere in the valley. Participants will include
Little League Baseball teams, VRD Softball teams and tourists.
This will provide revenues for Garton's and the Town businesses in general which will provide
greater tax revenues for TOV.
5. There will not be any intrusive visual or audible effect on the surrounding community. The posi-
tioning of the amusement will provide for coverage on three sides, two sides by the building and one
by a line of existing Aspen trees. The cage is made of dark green nylon netting with eight dark
green supporting poles and one- 1/8th inch cable running the length of the cage.
The mechanism is run by electrical, quiet running motors which will have no audible impact.
In conclusion, we hope that in review of this appeal the Board will agree with the reasons stated
above and will find nothing in the zoning statutes that directly says no to this use therefor permitting
this unintrusive amusement at Garton's for the enjoyment of patrons to the Town Of Vail.
TI& you for your understanding and consideration.
David Garton Stephen Olson
General Partner General Manager
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An appeal of a staff decision regarding a proposed batting cage on the outdoor dining
deck of Garton's Saloon, located at 143 East Meadow Drive/Lot P, Block 5D, Vail Village
1 st Filing.
Appellant: Dave Garton
Planner: Lauren Waterton
Greg Moffet disclosed for the record that Garton's Saloon was a customer of his, but he didn't
see it as a conflict with this application.
Lauren Waterton gave an overview of the staff memo.
Greg Moffet asked if the applicant had anything to add.
Dave Garton introduced Steve Olson, the GM of Garton's. Steve Olson handed out diagrams to
the PEC, as Dave Garton explained that a bar like his always had games such as, Lasso Calf,
pool tables, etc. He said the size had been cut down to decrease danger. He went on to explain
•the diagram of the deck and handed out a sample of the netting for the batting cage. He said he
received a letter from Brian Canapa, a coach for 10-11 yr. olds in the valley, who would make this
batting cage available for our kids to use. The batting cage would be open from 4:30 p.m. until
10:00 p.m. He said the batting machine would throw both hard balls and softballs. He explained
that he had space outside Garton's for the batting cage and that Vail stood for recreation and this
would fit. Dave said that this was an accessory to a bar and not visibly, or audibly obtrusive and
no neighbors would be bothered by it, so it was a win -win situation for the Town. He closed by
saying he would like this to be an accessory use to Garton's conditional use.
Greg Motfet asked for any public comment. There was none.
John Schofield asked staff if this would be allowed inside.
Lauren Waterton said yes, as a conditional use, as Garton's would be considered a major
arcade, since Garton's already had 4 other games.
John Schofield said he would support this idea, however, code is clear that it is not permitted.
He suggested the code be changed to permit it and that would have to go to Council, as the
PEC's hands were tied.
• Steve Olson said it was a matter of interpretation.
Gene Uselton asked Lauren to read the code section regarding conditional uses and then asked
if the PEG would be prohibited from approving the request.
Mike Mollica stated that was the question to be answered today.
Planning and i..nviroumental Caminission
Minutes
June 23, 1997
Greg Moffet said there was nothing in the code that says a use was prohibited.
Mike Mollica read from the code, stating that any use listed as a permitted use may be located
outside, subject to a conditional use permit. However, he said we were discussing an accessory
use. •
Greg Moffet asked if it was permitted by exclusion?
Mike Mollica said, yes, only those uses specifically listed were permitted.
Steve Olson added "which is not entirely conducted inside." He said they would be conducting
business outside and that games were a part of our business.
(gene Uselton asked about the interpretation.
Greg Moffet said we had to apply the code.
Mike Mollica said letter I of the code stated that permitted uses not located entirely within a
building may be located outside, subject to a conditional use permit.
Steve Olson said it would fall under "other uses customary to do business."
Gene Uselton asked if it went to Council, could Council approve it without changing the code?
Mike Mollica stated that staff, PEC and Council all must use the same criteria in reviewing this.
Gene Uselton asked when children would be using the batting cage. •
Steve Olson explained that Garton's was trying to attract families into the bar.
Greg Amsden stated a batting gage was not necessary for the bar's operation.
Steve Olson said the cage would be taken down on Friday, as Garton's didn't want to have to
police it. He explained that the cage was totally portable.
Greg Amsden asked if it was that portable, why weren't there more batting cages in Vail. He said
this was an inappropriate use for that location in Town and although the Town needed batting
cages, he was shocked to see it at Garton's.
Dave Garton agreed, but said the Town of Vail didn't have any in Town.
Steve Olson reminded the PEG that visually, you wouldn't see it.
Greg Amsden asked staff if this would go before the DRB and said that it didn't fit the Design
Guidelines.
Galen Aasland didn't understand why permitted uses were allowed outside. .
Planning and linvironmental Commission
Minutes
Juno 23, 1997
Mike Mollica said any permitted use was a conditional use outside. But he said that this was not
a permitted use, but an accessory use. He said the code was silent, as it related to accessory
uses to be permitted outside. Mike said that if a use was not listed, it was therefore, not allowed
• and that's how the Zoning Code worked.
Galen Aasland stated he would like to find a way to see this happen.
Diane Golden said we needed batting cages in this valley. She asked if it would require
supervision.
Steve Olson said it was coin operated and the power would be shut off, so children wouldn't be
able to just come up and use it.
Greg Moffet said he was having trouble with the memo prohibiting this use. He said the code
only allowed permitted, enumerated uses outside. He said if we could not permit accessory
uses, then this was removing discretion, rather than adding discretion. He said that the code
should permit more latitude and that he was having a hard time adopting staff's interpretation of
the ordinance.
John Schofield agreed that, after looking at the code, it was less than clear and open to
interpretation.
Steve Olson said staff said that accessory uses couldn't be used outdoors.
Greg Moffet said the Town Council should address this as a code change to make accessory
uses permitted outside. He said as a Planning Commission, our purview was limited and the
elected folks make the Interpretation.
Dave Garton said that would be too late.
Gene Uselton made a motion to overturn the staff decision.
Galen Aasland seconded the motion.
Mike Mollica asked if the PEC was saying that accessory uses were permitted uses and should
be one and the same.
Gene Uselton said no, that the definitions were difficult and these should be reviewed on a case -
by -case basis.
Mike Mollica said this would have implications on other projects.
Galen Aasland suggested Gene amend the motion with a finding.
Greg Moffet said he had trouble with the Zoning Code not permitting accessory uses to be part of
a conditional use. He particularly had difficulty with the finding no.3 of the staff memo.
Gene Uselton said we didn't have the right to make that judgment and applications should be
reviewed on a case -by -case basis.
Planning and Environmental Commission
Minutes
June 23, 1997
Greg Amsden asked staff if we had a history of accessory uses being denied for outdoor use.
Mike Mollica said there was a gyrospere application from the Hubcap that was not allowed.
Greg Amsden asked the applicant why they couldn't put the cage inside. 40
Steve Olson explained that there would be more use outside and the patrons would prefer it
outside.
Greg Moffet said that because this was an accessory use, there needed to be an amendment to
the motion that stated that this was an accessory use, for which they would have to modify their
conditional use permit for the outdoor dining deck.
Greg Amsden asked for future ramifications.
Mike Mollica said as long as it was incidental and necessary, it could be an accessory use.
Gene Uselton said we were interpreting the code, but amended the motion that the proposed use
be considered an accessory use to the existing outdoor dining deck and the batting cage must be
reviewed as an amendment to the Conditional Use Permit for the outdoor dining deck, requiring
DRB review and approval.
Galen Aasland seconded the amended motion,
The motion passed to overturn the staff's decision by a vote of 5-1. (Greg Amsden opposed)
i
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Planning and Environmental Qnnmission
Mii�ulos
June 23, 1997
0 TO: Town Council
FROM: Andy Knudtsen. Senior Housing Policy Planner
DATE: June 24. 1997
SUBJECT: Analysis of the Public Works Seasonal Housing Costs
1, PURPOSE
The purpose of the worksession is to review the final budget for the Public Works Seasonal
Housing Development and to give final approval of the project or to recommend a different
approach to addressing the seasonal housing problem. The information provided in this packet is
intended to provide an overview of
A. The housing efforts of other entities in the Valley;
• B. Other options the Town could pursue for seasonal housing;
C. The short term and long term financial costs to the Town; and
D. The short and long term ben6it to the Town.
As with all projects, there are pros and cons. There are also alternative plans which can be
pursued in the event the Council would like to take an another route. The purpose of the memo
is to provide a thorough analysis of the alternatives to provide a foundation for discussion.
II. BACKGROUND
After completing the initial cost analysis, site capacity testing, and generating public comment in
January and February of this year, staff presented the recommended conceptual design to Council
on March 4, 1997 and received approval to proceed with PEC and DR$ review. At that time, the
general contractor for the project estimated the construction costs to be $2,320,000 and that
figure was set aside in the 1997 capital fund for this project.
Since the initial estimate, the total costs have increased. An exact figure will be provided at the
worksession. Rather than waiting a week to incorporate the bids into the memo, staff will present
them verbally with the goal of saving a week in the construction process. The bids are anticipated
to be slightly higher than the budgeted amount.
E
At the March 4th worksession, the Council stated it wanted to review the project again. once final
numbers had been set, before proceeding with construction. The design has not changed
significantly during the review and budgeting process. It is still a single building, 24 unit
development, made up of 21 studio units and 3 one bedroom units. There are 24 parking spaces
located in front of the building, plus two accessible (handi-capped) spaces for residential and
Public Works office use.
The PEC approved the project on April 28, 1997 (memo attached as Exhibit A for additional
description). The DRB approved the project on May 21, 1997, Since the board approvals, the
architect has refined the drawings and the general contractor has put them out to bid.
Subcontract bids are due on Friday, June 20th, and staff will present them to the Council on
Tuesday. June 24th. With Council review and approval, the contractor is available to begin work
on Monday, June 30.
III, HOUSING EFFORTS OF OTHER ENTITIES WITHIN THE VALLEY
iV01 Vev Medical Center.
Vail Valley Medical Center, Edwards campus, $3.6 million bond issue. 34 - 36 beds in
Phase 1. (Phase I1 can be accommodated in future, but is not funded at this time.) 17 - 18
0 units per building. $100,000 per bed.
. Vail Associates RiversEdee:
Vail Associates, Riverside. 300 beds in project. $57,000 per bed (Including soft costs,
per Jerry Flinn) . Some key differences between this project and the others is the
economy of scale, the floor plan layout of "suites" (a group of four to five rooms accessed
from a common kitchen/living area), a $400.000 cash subsidy and a fee waiver, as the
developer will be taking an equity position in the development rather than charging a fee.
The Ruins:
Ruins: 17 beds in project. All studio units. 'Would sell finished product to Town for
$100,000 per bed (per owner/developer Jerry Whurman) . Monthly dues for studio units
would be $150 per month or $30,600 per year for project.
IV. ALTERNATIVE ROUTES THAT PROVIDE SEASONAL HOUS]jSAG
PurchasCgxistng units
Current real estate listings in the Town of Vail include 28 condominiums priced at less than
$200,000 (excluding Simba Run, and two Village/Lionshead properties which lend them selves to
r�L
short term accommodations). Selecting the least expensive of the available units with at least one
• bath per bedroom, it would cost the Town $2.4 million dollars to purchase the equivalent of 24
bedrooms, or $100,000 per bedroom. These would be made of up 10 one bedroom units and 7
two bedroom units. The cost does not include the condominium dues or assessments, which
would run approximately $ i 75/month or $36,700/year, according to a local Realtor. Staff used
the listing price for these calculations, which is conservative, as the actual sales price would be
less than asking price. A detailed layout of the data is shown in Exhibit B.
M_ster lease existing_units
Staff reviewed advertisements for rental units in the Vail Daily over the week of June 16 - 20,
1997 and has provided a summary of the rental rates, age and size of units, and location in Exhibit
C. Similar to the method used in selecting "for -sale" units, staff chose the least expensive units
available, resulting in a pool of eight one -bedroom units and eight two -bedroom units. 'Thus, the
size of the pool is roughly equivalent to the proposed Public Works project, with a total of 24
bedrooms for each.
Master leasing 24 bedrooms for one year, based on rental rates and available units as of June 1997
would cost approximately $177,000 per year. For the purpose of comparing the master leasing
scenario with the proposed project, staff assumed a rental revenue of $570 for a one bedroom unit
and $520 for an efficiency or for a shared two bedroom unit. These rates are based on charging
30% of the gross wages of a starting seasonal bus driver and have been used in all rental
•scenarios. Ultimately, the rents can be raised or lowered by the Town, but for the purposes of
this analysis, has been kept constant. Using these rental rates, the anticipated revenue from the
master leased units would be M04,640 per year, requiring an annual subsidy of $72,360.
The $72,360 figure translates to a subsidy for $3015 per bedroom per year. Assuming a 5%
annual increase in rates (from the landlord, as well as tenant), the Town would. spend $210,000
per bedroom over a 30 year period.
V. $ TORT AND LONG TERM COSTS TO THE TOWN. A �9 DOCUMENTED IN
THE ATTACHED PROFORMA FOR THE PROPOSE
p PROTECT
The two attached proforma (attached as Exhibit D) estimate the revenue stream the proposed
development will generate. The first anticipates 90% occupancy, and the second anticipates 65%,
Staff believes the higher occupancy rate is feasible, but may not match the Council's goals for the
project. If units are to be available in late fall for newly hired seasonal workers, then many of the
units will need to remain unoccupied over the summer months and the proforma with the lower
occupancy rates should be used.
The proforma has been taken out 30 years, as that is a standard time frame for financing. The
internal rate of return is interest rate which the Town would receive, if it were to invest the funds
and receive the annual payments projected in the proforma. The primary purpose of this
infoirnation is to show that although the development will require subsidy, there is a return on the
investment and there will be a monthly positive cash flow.
• I Occupancy rate 190% 65%
Year one net operating income $ 84,504 1$46,614
Year thirty net operating income $ 397,527 ! $ 241,567
Internal Rate of Return 15.23% 1 1.95%
VI. SHORT AND LONG TERM BENEFITS TO THE TOWN F013 PROCEEDING
WITH THE PUBLIC WORKS CONSTRUCTION PROJECT
Observations about the short term nroblenLS
Each season, the Town hires approximately 40 seasonal bus drives and another 50 other seasonal
employees. Last year, there was a shortage of eight bus drivers, requiring the Town to spend
$54.000 on over time. This has been the case for the past few years.
Training costs for the Town run approximately $4000 per driver.
Hiring after mid January is not feasible due to the lengthy training period. Therefore, it is crucial
to hire and train employees early on in the season to reduce training and overtime costs.
Housing is a key component. This problem is now apparent with our summer seasonals as well.
•Short Term Benefits
Return drivers save the Town thousands of dollars in training costs.
A full staff will enable the Town to provide world class service, particularly for the 1999 World
Championships.
Providing quality affordable housing for seasonal bus drivers will enable the Town to be fully
staffed and to provide the level of service we are known for.
L ng term benefit
In the scenario of the proposed Public Works housing development, the Town will own housing.
Over time, the initial expense will be repaid by the rental income and will provide a positive cash
flow to the Town.
This project adds to the overall inventory of housing in the community and helps sustain a healthy
economic climate.
Projects are not likely to get any cheaper in the future. Acting now will lock in the project costs
at 1997 rates.
C�
0
V11. CONCLUSION
Staff recommends approval of the proposed development at Public Works.
■ It is a good location, as the residents will be able to walk to work.
• The quality of the housing will draw potential employees. In the staff research on
master leasing, we found that one bedroom and studio units are highly desired and
difficult to find. The studio units provide privacy and are intended to attract high
quality employees.
■ The current project meets standards of PEC and DRB and all necessary planning
approvals have been secured.
■ Other potential sites for housing within the Town are limited, particularly for a
seasonal housing development.
■ Most importantly, this development will ADD housing units to the overall supply
of housing in the community.
■ It maintains momentum the Town has established with its housing efforts.
■ Community members are not opposed to this development. The site is not
encumbered with Nimby problems.
5
1�
Iy
WN OF PAIL
South Frontage Road
Mil, Colorado 81657
970-479-2100
FAX 970-479-2157 MEDIA ADVISORY
June 25, 1997
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR JUNE 24
Work Session Briefs
Council members present: Armour, Ford, Jewett", Johnston, Kurz, Navas
"arrived late
--PEC/DRB Review
During a review of Monday's Planning and Environmental Commission meeting, the
Council voted 4-1 (Ford against) to call up a request by Garton's Saloon to apply for an
• amendment to a conditional use permit to allow for a batting cage on the bar's deck.
On Monday, the PEC Monday voted 5-1 (Amsden against) to overturn a staff decision
which held the request to be invalid due to a staff interpretation of accessory use.
When the call-up is heard at the July 1 evening meeting, Council members will decide if
accessory uses can be conducted outside of a building. For more information, contact
Lauren Waterton in the Community Development Department at 479-2454.
Next, Town Attorney Tom Moorhead provided an update on a building issue that has
surfaced this week -regarding the remodel of a residence at 226 Forest Road. In
receiving town approval for the remodel, the residence was required to leave its main
support in place because the building is located in the front setback. Upon inspection
of the remodel, Moorhead said town building official Dan Stanek has found the work to
be in violation of the condition of approval and has subsequently red -tagged the
building. Moorhead said Stanek's next steps will be to revoke the building permit. For
more information, contact Moorhead at 479-2107.
--Community Survey Results
The Council heard an overview of the community survey results from Chris Cares of the
•research firm RRC Associates in Boulder. Cares said the response rate of 15 percent,
or 1,281, was good for a survey repeated year-to-year. There were 945 responses
from locals, representing a response rate of 13 percent, while the 336 responses from a
sampling of part-time residents represented a 30 percent return. Cares said a phone
survey could be used to probe additional issues to reach those who didn't respond to
the mail -back survey. Cares said the survey's findings showed satisfaction levels to
be higher for part-time residents than permanent residents. When asked to describe
the top three issues facing the Town of Vail, respondents noted: growth, employee
housing, parking, concerns about changes in Vail Resorts operations within the
(more)
'.� RF.CYCLEDPAPER
TOV Highlights/Add 1
community, maintenance of infrastructure and economic vitality as priority concerns.
• The survey also showed support for expansion of the streamwalk, improvement in the
levels of satisfaction in the development review process and support for the existing use
of the real estate transfer tax. (Please see news released issued June 24). During
discussion, Jim Lamont of the East Village Homeowners Association said the
streamwalk survey questions had been asked out of context because respondents
weren't asked to prioritize a list of capital improvements. For a copy of the survey
results, including year-to-year comparisons and other charts, contact Suzanne
Silverthorn in the Community information Office at 479-2115.
--Lionshead Public View Corridors
Following an on -site tour of 14 possible public view corridor candidates within
Lionshead, the Council narrowed the list to five possibilities for consideration at its July
1 evening meeting. Once designated, the public view corridors will be considered
"critical design constraints" throughout the remainder of the Lionshead Master Plan
process and won't require formal survey and adoption until the master plan process is
complete in step five. The five candidates include three corridors that would be
protected under the town's view corridor ordinance and two views that would be
designated as "design parameters" during a property's redevelopment. For a complete
• listing of the five public views, contact Dominic Mauriello in the Community
Development Department at 479-2148.
--Final Review of the Public Works Seasonal Housing Development
After reviewing a detailed cost analysis, the Council voted 6-0 to break ground on a 24-
unit housing development for the town's seasonal bus drivers and other employees.
The units will be located just east of the Public Works Administration building north of
the Vail Golf Course. A public ground breaking is scheduled for noon Monday, June
30, at the site. (See today's news release for project details). Also during yesterday's
discussion_, the Council asked staff to being pursuing interim housing for seasonal bus
drivers for the upcoming ski season. That's because completion of the new housing
development won't be completed until next spring. For more information, contact Andy
Knudtsen in the Community Development Department at 479-2440.
--Timber Ridge Update
Town Attorney Tom Moorhead said the town has begun discussions with the owner of
Timber Ridge in the town's pursuit of retaining locals housing on the site. Deed -
restrictions on the project's 198 units are set to expire in the year 2001. Moorhead said
• the owner has been extremely cooperative in discussions, thus far.
--Interim Financial Report
Finance Director Steve Thompson reviewed an interim financial report with the Council.
For details, contact Thompson at 479-2116.
--Information Update
Assistant Town Manager Pam Brandmeyer asked Councilmembers to mark July 19 on
their calendars. That's when owners of the Dancing Bear intend to host a check -
(more)
TOV Council Highlights/Add 2
passing ceremony for the West Vail roundabouts. Brandmeyer also updated the
• Council on efforts to mitigate the noise produced by compressors at City Market.
Several neighbors have complained about the situation.
Town Manager Bob McLaurin shared a proposal to modify the TOV-VA Community
Task Force by expanding the group's representation and reaffirming its purpose. As
proposed, McLaurin said two of the Task Force seats would be held by citizens at -large
selected by the Town Council.
--Mayoral Proclamation
The Council voted 6-0 to approve a proclamation commending the Lacrosse Shootout
for its presence in Vail.
--Council Reports
Ludwig Kurz, who represents the Town Council on the Colorado Ski Museum board,
reported on the successful Beaver Creek Homes Tour. Bob Armour reported on the
latest meeting of the Eagle Valley Leadership Coalition in which the group is
determining how to serve as a catalyst for employee housing initiatives. Armour also
spoke at the Johnson & Wales graduation ceremonies and has agreed to serve as
40 president of the Colorado Association of Ski Towns.
--Other
Armour asked that stickers on the Lionshead skier statue be removed in preparation for
the upcoming holiday weekend.
UPCOMING DISCUSSION TOPICS
July 1 Work Session
Joe Kochera 25 Year Employee Anniversary
NWCCOG Water Quality/Quantity Update
GRFA Discussion
Regional Marketing Funding Discussion
July 1 Evening Meeting
Second Reading, Austria Haus SDD
Lionshead Public View Corridors
Town Council Call-up of Garton's Saloon Request
July 8 Work Session
DRB Review
.Parking Fee Overview
July 15 Work Session
PEC Review
Parking Fee Discussion
Housing Action Items
AIPP, Jesus Morales Updated Design(s)
July 15 Evening Meeting
Seibert Circle Design Approval
First Reading, Ordinance to Revise GRFA
WORK SESSION MINUTES
so
Tuesday, June 17, 1997
2:00 P.M.
Town of Vail Council Chambers
What follows will reflect motions and actions taken by the Vail Town Council at their regular
work session on June 17, 1997. All members were present except Kevin Foley and Paul
Johnston.
Site visit and discussion of Buffehr Creek Park use. Action Requested of Council: After
reviewing the Buffehr Creek site staff requested council to consider three possible
options. 1) leave the dirt bicycle course unchanged until early 1998 when a
neighborhood public process will be used to determine the site's future use; 2) modify the
course through redesign, reconstruction and/or rebuild (unfunded financial implications);
3) remove the course.
Rob Ford moved to remove the dirt course and reseed it as soon as possible, with a
00second from Mike Jewett. Mike Jewett seconded this motion due to the cost of insurance
and because the design process had not been followed with the neighborhood
participants. This motion was additionally amended to include a requirement that when
to the Town gets ready to discuss possible uses for the Buffehr Creek parcel, a BMX park
should not be excluded, this amendment coming from Ludwig. A vote was taken and the
motion passed unanimously (5-0).
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