HomeMy WebLinkAbout2007-01-16 Town Council Minutes• Vail Town Council Evening Meeting Minutes
Tuesday, January 16, 2007
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately
6:00 P.M. by Mayor Rod Slifer.
Members present: Rod Slifer, Mayor
Farrow Hitt, Mayor Pro-Tem
Kent Logan
Greg Moffet
Kim Newbury
Mark Gordon
Kevin Foley
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Representing the Vail Chamber
and Business Association (VCBA), Kaye Ferry shared her concerns about the current
isstatus of the special events calendar that is currently published on the town's web site
and used by other agencies, as well. She noted the calendar lists nothing after April 22.
She then provided a chronology of the VCBA's past attempts to manage the project and
reiterated the chamber's interest in handling the matter.
The second item on the agenda was the Town Manager's Report. There was nothing
reported.
The third item on the agenda was a Request for Permission to Proceed through the
Development Review Process with a proposal to construct exterior improvements (i.e.,
lighting, graphics, signage, exterior paint, etc.) to the fagade of the Colorado Ski Museum
located within the Vail Transportation Center. Chief Planner George Ruther reported the
Colorado Ski Museum, represented by Executive Director David Scott, is proposing to
construct exterior improvements to the fagade of the Colorado Ski Museum located within
the Vail Transportation Center. At the time of the meeting, the exterior plans were only
conceptual in nature. If approved, the applicant would be required to appear before the
Design Review Board (DRB) with a more complete development review application.
Newbury moved to grant permission to proceed with Foley seconding. The motion passed
unanimously, 7-0.
Greg Moffet entered the Council Chambers at approximately 6:30 p.m.
The fourth item on the agenda was a discussion regarding Commercial Linkage and
Inclusionary Zoning for Employee Housing Mitigation. On January 2, 2007, the Town
• Council directed staff to modify the draft Employee Housing Ordinance to include a
• Commercial Linkage requirement of 20% and an Inclusionary Zoning requirement of
30% of net new residential square feet. Council requested this item be on the evening
agenda so that public input could be received. Housing Coordinator Nina Timm reported
Council had recently chosen to modify a draft housing ordinance to include a 20%
percent commercial linkage requirement and a 30% Inclusionary Zoning requirement on
all net new residential square feet. This includes dwelling units, including hot beds, time
share unit, fractional fee units and lodge units. Following an overview by Timm, the
Council invited comments from the public. Representing Vail Resorts Development
Company, Keith Fernandez said his company is a leader in the community,
subsequently employee housing is a huge priority. Tom Miller of Vail Resorts
recommended implementing incentives to assist in providing employee housing. Local
homeowner Jerry Maher encouraged equity. Gwen Scalpello encouraged readdressing
the concept of employee generation. Representing the LionsHead Inn, Ann Frick
supported using the town's rational nexus. Thomas Burney expressed concern the
proposed residential linkage would diminish local home construction. David Cole
suggested the proposal was socialistic. Lin Grubbs said the proposal could possibly
damage the local economy. Vail Local Housing Authority (VLHA) member Ethan Moore
encouraged exemptions for single family dwellings and low density projects. Local
homeowner and property manager Frank McKibben supported equity in regards to
residential expansion. Greg Cummings said local homeowners did not significantly
contribute to employee generation. Brian Reski supported exemptions for modest
residential projects. Rick McHenry said the proposal would make it not possible for him
to build a home. Sue Mason encouraged free market principles (adequate wages and
insurance) and wise money management. Robert Truscheit said he did not know where
the proposed employee housing would be located. Brent Biggs said the proposal limited
• his ability to develop his property. Mike Dantes supported equitable distribution of
taxation. Bill Jewitt said without an assessment of how much money was needed to
provide employee housing, an appropriate decision could not be made. George
Hallenbeck spoke in favor of laissez fare economics. Pat Dauphinais spoke against
residential construction subsidizing local employers. Representing the Landmark
Condominiums Michelle Kobelan said expanding employee housing requirements could
prevent redevelopments. Asher Maslan urged restraint prior to making a decision as
Eagle County had commissioned a "blue-ribbon" housing committee. Gina Grisafi-
Reimers said additional employee housing requirements would have prevented her
family from building their home. Ramshorn Lodge Manager Diane Milligan asked
Council to reconsider the proposal on the table. Geoff Wright said the proposal would
burden redevelopment possibly to a stalwart. Representing the LionsHead Inn and other
clients, Dominic Mauriello said the inclusionary requirement does not represent a nexus
or rational relationship. Kaye Ferry asked Council to look at open space parcels for
possible employee housing and asked Council to have the political will to solve the
problem. Representing the Vail Village Homeowners Association, Jim Lamont offered
support for a standardized impact fee for employee housing. Council members also
offered comments. Logan said Council was only beginning the decision making process.
"I do believe we need to set a specific goal for the number of units, or number of
employees we want to have ... We need to firmly establish that, communicate it and act
appropriately ... We have to provide exemptions for single family units up to a certain
size." Gordon spoke in support of a single-family residence exemption and using
moderate percentages for suitable inclusionary zoning and linkages. Kevin Foley said
large redevelopment wasn't providing adequate employee housing. Hitt said he
• appreciated the community's input and the decision making process was only the
beginning. He applauded the large audience for taking an interest in the discussion and
• being part of the public process. Newbury spoke in support of the recommendation
forwarded by the Local Housing Authority:
• Codifying commercial linkage.
• Codifying inclusionary zoning.
• Providing appropriate exemptions for single family or very low density residential
developments.
• Utilization of the following implementation tools:
o On -site mitigation (with qualitative standards)
o Off -site mitigation (with qualitative standards)
o Pay -in -lieu at $125,000 per employee to be housed (preferred initial option)
• Provision for development incentives to reward creation of deed restricted affordable
housing.
• Provision for a housing credit system.
• Pursuit of affordable/ employee housing options outside TOV boundaries.
• Establish permanent funding source(s) for affordable housing.
Moffet explained no new hotel, office, or retail product had been built in Vail for the past
20 years. "The only things of that nature that have been built were mandated by the
town." He emphasized that the commercial and retail activity in town is actually what
"pays the bills." Slifer noted no one in the audience questioned commercial linkage. He
then commented that the private sector should be able to redevelop the Timber Ridge
• property as well as the Chamonix property. "I don't think we have the numbers we need
to really put our arms around the situation." He then encouraged a dedicated funding
source for affordable housing. "I don't think inclusionary zoning across the board is fair."
Council members encouraged the community to continue the dialogue at the Planning
and Environmental Commission meeting on Jan. 22.
The fifth item on the agenda was a LionsHead Parking Structure Request For Proposals
update. Town staff requested budget authorization for $35,000 to perform a financial
critique on the two development proposals for redevelopment of the LionsHead parking
structure and to specifically engage Economic Planning Systems to complete that
critique. On November 21, 2006, Council received input from the public and requested
the proposals be reviewed and critiqued by a financial expert that could review the
financial viability of the proposals and the proposed financial public benefits and risks of
each proposal. Moffet moved to approve the budget authorization with Foley seconding.
The motion passed unanimously, 6-0.
The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code, of the Town of Vail PEC's approval, with conditions, of an a major exterior
alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town
Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2,
Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted
and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the
development of 45 fractional fee club units and one additional residential dwelling unit,
located at 728 West LionsHead Circle/Lot 2, West Day Subdivision, and setting forth
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details in regard thereto. (Ritz -Carlton Residences) (PEC06-0081 and PEC06-0082)
• Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon
recused themselves from the item and left the Council Chambers. Town Planner Warren
Campbell informed Council they could uphold, overturn, or modify the PEC's approval,
with conditions, of the major exterior alteration and conditional use permit applications
pursuant to Section 12-3-3, Appeals, Vail Town Code. On December 11, 2006 the PEC
approved, with conditions, a request for a major exterior alteration and a final review of a
conditional use permit to allow for the development of 45 fractional fee club units and
one additional residential dwelling unit within the previously approved Ritz -Carlton
Residences. The Vail Town Council "called -up" this PEC action due to concerns about a
condition of approval regarding the provision of employee housing beds associated with
the development of the project. Representing Vail Resorts Development Company, Jay
Peterson said all employee housing would be provided prior to a temporary certificate of
occupancy. Greg Moffett made a motion to modify condition number five (5) of the PEC
approval of a major exterior alteration per the staff memorandum dated January 16,
2007. The motion was seconded by Kim Newbury. The vote was 4-1-2 (Foley opposed,
Slifer and Gordon recused). Foley clarified any loss of parking due to the development
had been accounted for elsewhere. The motion passed 4-1, with Foley opposed.
The seventh item on the agenda was the First Reading of Ordinance 2, Series of 2007
(Housekeeping Ordinance). Slifer and Gordon reentered the Council Chambers. Town
Planner Rachel Friede said staff was proposing text amendments to the Vail Town Code
in response to errors identified by the town's codifier. The PEC forwarded a
recommendation of approval, with modifications, to Council on January 8, 2007. Moffet
moved to approve the ordinance with Foley seconding. The motion passed unanimously,
7-0.
• The eighth item on the agenda was the First Reading of Ordinance 3, Series of 2007
(Wildfire Roofing Ordinance), an ordinance to amend Chapters 14-2, Definitions, and
14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire
regulations, require Class A roof assemblies or Class A roof coverings for all structures
within the Town of Vail. On December 11, 2006, the PEC forwarded a recommendation
of approval for proposed text amendments identified in Ordinance 3, Series of 2007.
Staff has since gone to Council during two work sessions to discuss policy issues related
to the proposed wildfire roofing ordinance. Moffet clarified the ordinance would not
require anyone to replace a functional roof. Moffet moved to approve the ordinance with
Gordon seconding. During the public comment period, Gwen Scalpello questioned the
process (trigger) used to require Class A roof assemblies. Friede responded, "Any
additions beyond a one-time 500 square foot addition exemption from mitigating non -
conformities, new construction, complete re -roofs, and those choosing to exercise their
250 square foot ordinance rights." PEC Member Bill Jewitt said he did not remember
talking about 250's or bump outs when the item was discussed by the PEC. Mire said
the ordinance would follow the legal non -conforming section of the code. The motion
passed unanimously, 7-0.
The ninth item on the agenda was Ordinance No. 4, Series of 2007, an ordinance to
amend Title 10, Building Regulations, to adopt the 2005 National Electrical Code by
reference, and add amendments to the International Building Code, the International
Residential Code, the National Electrical Code and the International Energy
Conservation Code, for housekeeping purposes and to comply with Ordinance 3, Series
. of 2007. On July 1, 2005, the State of Colorado adopted the 2005 National Electrical
Code (NEC) and requires that municipalities adopt the NEC as well. Amendments may
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be made to the NEC as long as they are more stringent than the adopted code.
• Ordinance No. 3, Series of 2007, will require Class A roof assemblies or Class A roof
coverings and will ban wood shake and wood shingles for all structures within the Town
of Vail. Ordinance No. 4, Series of 2007, will serve to amend Title 10, Building
Regulations, a title that includes adoption by reference of the various standard codes,
and also includes all amendments to those codes. Ordinance No 4, Series of 2007 will
amend Title 10 to come into compliance with State Regulations as well as Ordinance
No. 3, Series of 2007. Moffet moved to approve the ordinance with Newbury seconding.
Slifer emphasized the building department already implemented the new regulations and
the passage of an ordinance was a formality. The motion passed unanimously, 7-0.
•
•
The tenth item on the agenda was the First reading of Ordinance No. 5, Series of 2007,
an ordinance amending the Official Zoning Map for the Town of Vail in accordance with
Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 4, Block 1, Vail
Lionshead 2"d Filing from High Density Multiple Family (HDMF) district to Lionshead Mixed
Use - 1 (LMU-1) district. Chief Planner George Ruther explained on January 8, 2007, the
Town of Vail PEC held a public hearing on the request to amend the Official Zoning Map
of the Town of Vail. Upon consideration of the request, the PEC approved (4-3-0) a
motion recommending approval of the rezoning request to the Vail Town Council. Vail
International property owner Heidi Hanson said she was not aware why the property had
chosen to opt out of the upzoning in 1998. Moffet moved to approve the ordinance with
Newbury seconding. The motion was made in accordance with the list of criteria found
on pages 5-8 in the staff memorandum dated January 8 to the PEC and the findings on
page 9. Logan expressed concern that the current situation differed greatly from that
which existed in 1998 (property values are much higher). Foley said the LionsHead
Redevelopment Master Plan is possibly outdated. Council members noted the proposed
change in zoning allowing for an additional 137,000 feet of Gross Residential Floor Area
(GRFA) would allow for over $200 million in upzoning. Kaye Ferry spoke against the
approval of the upzoning. Representing Vail Resorts Development Company, Keith
Fernandez questioned how this project differed from the Ritz -Carlton project in terms of
equitable treatment by Council. Representing the Vail Village Homeowners Association,
Jim Lamont spoke in support of impact fees and begged for equity in terms of
development requirements. "What we want is an equitable and fair and consistent
system." The motion passed 5-2, with Logan and Foley opposed.
The eleventh item on the agenda was Adjournment. Moffet moved to adjourn at
approximately 9:30 p.m. with Newbury seconding. The motion passed unanimously, 7-0.
ATTEST.;
Lorelei Donaldson, Town Clerk
Minutes provided by Corey Swisher.
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Rodney E. Slifer, Mayor
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