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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...