HomeMy WebLinkAbout2002-10-25 Town Council Minutes• A Special Meeting to Hear the Appeal of Middle Creek Approvals by Planning and
Environmental Commission was held on Friday, October 25, 2002., in the Town of Vail
Council Chambers, at 8:30 A.M.
COUNCIL MEMBERS PRESENT:
STAFF MEMBERS PRESENT:
Ludwig Kurz, Mayor
Rod Slifer, Mayor. Pro -Tenn
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Mgr.
Matt Mire, Town Attorney
At the conclusion of a hearing lasting nearly four hours, the Vail Town Council, sitting as
a quasi-judicial capacity, voted to deny an appeal of the Planning and Environmental
Commission's (PEC) approvals of the Middle Creek housing and child care development,
as facilitated by the Vail Local Housing Authority. The Council took tree separate votes
to uphold the PEC approvals, as follows: A motion by Greg Moffet to uphold the PEC
• re: final plat subject to PEC findings, with a second by Bill Jewitt. The motion passed 5-
2, with Donovan and Cleveland voting against. A motion by Greg Moffet and a second
by Bill Jewitt to uphold PEC's approval of a conditional use permit for an early
childhood education center, passing unanimously, 7-0; and a motion by Greg Moffet
with a second by Bill Jewitt (amended, accepted) to uphold PEC'S approval of
development plan/deny appeal based on PEC conditions, also to include findings on each
of the six items put forth by the Vail Village Homeowner's Association. The motion
passed 4-3 with Cleveland, Slifer and Donovan opposed. The approved development
plan includes construction of 142 rental units ranging in price from $540 for a 360 sq. ft.
studio to $1,750 for a 900 sq. ft. three -bedroom; plus a new 45,000 sq. ft. early childhood
learning center facility with the capacity to care for 65 children. The Middle Creek site is
located north of the Main Vail roundabouts near the "Mountain Bell" tower.
During the hearing, Jim Lamont, executive director of the Vail Village Homeowners
Association, represented the appellants in presenting witness testimony challenging the
development's compliance with town regulations in six areas, including the scale and
mass of the development, density, parking, pedestrian safety, natural hazard mitigation
and public benefits. With supporting testimony from George Gillett, Ron Byrne (for
himself and on behalf of Kevin Deighan), bob Fritch, Pepi Gramshammer and Tom
Steinber, Lamont noted that most, if not all of the issues, could be resolved by lowering
the development's density. Noting that an earlier rezoning of the property may have had
flaws; Lamont called upon the Town Council to mediate a settlement between the
developer and the appellants by down -sizing the project in an effort to keep the matter
0
from being litigated in District court. In his closing comments, Lamont asked Council to
•
E
•
continue the appeal hearing until the PEC and Design Review Board have completed
deliberation of the final disposition of mass.
Representing the development, Michael Coughlin of Denver -based Couglin and
Company, described a collaborative process between the project's architect, the PEC,
Design Review Board and a town -hired consultant to address architectural massing
concerns. In addition, Couglin pointed to documented studies showing traffic and hazard
mitigation plans to be sufficient for the development.
During the public comment period, the council heard mixed opinions, for and against
from Mark Gordon, Rob LeVine, Kaye Ferry, Angela Mueller, Sybill Navas, Paul
Rondeau, and Flo Steinberg.
In making the three motions to approve the development, Councilman Greg Moffet said
he was offended by threats to settle the matter in District court, while Rod Slifer, Dick
Cleveland and Diana Donovan shard concerns about the mass, bulk and density, in voting
against the development's approval.
Prior to the start of the hearing, Town Attorney Matt Mire noted a letter from the
appellants calling into question a potential conflict of interest by Councilman Chuck
Ogilby, who also serves as a member of the Vail Local Housing authority, the project's
applicant. In response, Mire said Ogilby had sought outside legal advice and found no
basis for the conflict of interest allegation. Furthermore, in reading a passage from the
Vail Town Charter, Mire said that, absent a conflict of interest, Section 4.7 of the Charter
provides that Ogilby could be considered "delinquent in his duties" if he failed to cast a
vote. The section actually requires that, in that instance, a vote in the affirmative be cast
in his name. Additionally, Mire acknowledged receipt of additional correspondence from
the appellants alleging procedural issues during the property's rezoning process. Mire
noted that staff is reviewing the letter and that those issues would be handled as a
separate matter.
OF
SM
C�[4RA►a�
ATTEST:
6reonalds PnjowJnC�Ierk'_'
Minutes taken by Pamela A. Brandmeyer
Respectfully submitted,
4,.-
Ludwig K z, Mayor
Mary Cail& - OUTWG--1 FROM Friday... Page
• From: Pam Brandmeyer
To: Mary Caster
Date: 10/29/02 8:34AM
Subject: SUZANNE'S COUNCIL HIGHLIGHTS FROM Friday...
For minutes for Lorelei, please use Suzanne's Highlights and at the end where it gives the votes (or
wherever it shows the votes), here are the motions and seconds:
1) Uphold PEC re: final plat subject to PEC findings
Motion by Moffet, second by Jewitt - 5-2 (Donovan, Cleveland against)
2) Uphold Conditional Use Permit for Early Learning Center based on PEC findings
Motion by Moffet, second by Jewitt - 7-0
3) Uphold PEC approval of Development Plan/Deny Appeal based on PEC conditions, also to
include findings on each of the six items put forth by the Vail Village Homeowner's Assn.
Motion by Moffet, second by Jewitt (amended, accepted) 4-3 (Cleveland, Slifer, Donovan
opposed)
Where she talks about public input, please list these names: Mark Gordon, Rob Levine, Kaye Ferry,
Angela Mueller, Sybill Navas, Paul Rondeau, and Flo Steinberg.
Where she speaks to the appellant's witnesses, please list these names: George Gillett, Ron Byrne (for
himself and on behalf of Kevin Deighan), Bob Fritch, Pepi Gramshammer, Tom Steinberg.
• AND THEN PLEASE GIVE A COPY TO LORELEI FOR HER FILES. Thanks!
0
No 245
PROOF OF PUBLICATION
46E OF COLORADO
SS.
COUNTY OF EAGLE
I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa-
per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly
in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the
United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend-
ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of .��., consecutivA,.,,rtion,,,.; and that the first
publication of said notice was in the issue of said newspaper dated aQl� �•,,,,�.�.
A.D.... .. ^lIand that the last publication of said notice was in the issue of said newspaper
dated.. 4.. A.D.......... C;W'Z—
............. 67\ n
In witness whereof I have hereunto set my hand this ..y
•
Subscribed and sworn to before mes a otary public i and for the County of Eagle, State of Colorado,
this!•, day of-..:.. Q�
. . . ........
Notary Public
My Commission expires ........ ..... ... .Ih...