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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 0 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 4 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. o N OF•�'gi 'SEAL T Rodney E. Slifer, Mayor �C