HomeMy WebLinkAbout2016-01-05 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 5, 2016
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 Dave Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item of business during the evening meeting was Citizen Participation with comments
as follows:
Jonathan Levine, Hummers of Vail, expressed concern about the following:
1) Vail Transportation Ordinance
2) Business relations with the Vail Police Department
3) The URB operations
He requested that a meeting be convened with the stakeholders, operators and business
community, to review the current ordinance and requested a review by the town council. It was
noted that the town attorney is currently reviewing the ordinance and the PUC has recently
released some regulations. The Town Manager informed the council that a policy around
transportation services has been implemented and is working successfully; he expressed
concern that there continues to be negative comments about the Vail Police Department related
to this topic.
Michael Cacioppo expressed appreciation to the council and staff for answering some questions
by Mr. Levine, and he is unsure the PEC regulations supersede a home rule municipality's
ordinances.
The second item of business was the Consent Agenda as follows:
1) Minutes from December 1, 2015 meeting
Moffet moved to approve the meetings; Foley seconded the motion and it passed (7-0).
2) Minutes from December 15, 2015 meeting
Moffet moved to approve the meetings; Foley seconded the motion and it passed (7-0).
3) Resolution No. 1, Series of 2016, a Resolution Approving the Amendment to the
Development Agreement Between the Town of Vail and Lion's Ridge Apartment Homes,
LLC; and Setting Forth Details in Regard Thereto
Foley noted the extension was until May 1 2016 and moved to approve Resolution No. 1, Series
of 2016; Moffet seconded the motion and it passed (7-0).
Town Council Meeting Minutes of January 5, 2016 Page 1
The third item on the evening agenda was the Town Manager's Report at which time there was
mention
1) Summit County Tour of Affordable Housing Properties and Special Council Meeting to
discuss Chamonix Housing Project set for January 12, 2016 at 6 pm.
Zemler noted the tour would begin mid morning with a follow up evening special council meeting
focused on the discussion about what market to serve by the Chamonix housing project.
The fourth item of business during the evening meeting was consideration of an appeal,
pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail
Design Review Board on October 21, 2015, approving a dehumidifier, associated condenser,
screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage
Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, and setting forth details in regard
thereto. (DRB150454).
Background information from the council memo noted the Town Council was to answer the
question: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10,
Design Review Standards and Guidelines properly applied in the decision to allow for an
exterior alteration for a dehumidifier, associated condenser, screen wall and landscaping at the
Simba Run Condominiums, located at 1100 North Frontage Road West? And the decision to be
made was pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town 1/5/2016
Council shall uphold, uphold with modifications, or overturn the Design Review Board's October
21, 2015, decision. Additional detail was presented in the council memo. Jonathan Spence,
Planner, was present to answer any questions.
Mayor Chapin opened the public hearing at this time. Robert Kleinman, resident of Simba Run,
presented his case to appeal the decision of the DRB, with information noting several health
concerns that could result from the installation of a dehumidifier at this Simba Run property so
close to the residents. His letter stated the following decisions made were to be appealed:
The approval of the project referenced as DRB 150388, Simba Run condominium swimming
pool building humidity mitigation project, consisting of:
✓ The installation of large above -ground commercial "desert aire" dehumidification systems
and condensers;
✓ The construction of surrounding and adjacent walls, screens, roofing and gates;
✓ The installation of hydronic piping, refrigerant piping, condensate piping and natural gas
piping;
✓ Construction of all other related and incidental structures and components; and
✓ The proposed regrading of existing land and removal of mature trees.
Kleinman spent some time sharing his concerns about the potential health hazards of
Legionnaires' disease which could be a result of moving the dehumidifier.
Jack Hunn, owner's rep for Simba Run, presented the application for the installations noting
they were trying to reconcile the pool's humid atmosphere with the impacts to the buildings,
which consisted of a great deal of rusting around the building. The conditions resulted in
impacts to the inside an area of the buildings, and the intent was to try to mitigate this from
continuing to occur. There have been several locations suggested for housing the equipment,
two of which have already been approved by DRB, and with much review and research, the first
location is now being considered. He also addressed the decibel noise level proposed to be
generated by the equipment which was not to the levels suggested by the appellate.
Town Council Meeting Minutes of January 5, 2016 Page 2
Brad Corrigon, newly elected board member of Simba Run and owner since 2004, shared that
he is also in the process of reviewing information about the dehumidifying solution. He noted
that their earlier site tour showed them a site that is not feasible and he would like to defer any
further review until the Association has made a final decision about the "right" location. His
suggestion is to allow Simba Run representatives the ability to continue the study of the matter.
Town Attorney Matt Mire reminded the Council their role is only to consider whether or not DRB
made their decision in error. He informed council that public input could be heard as well.
William Pierce, member of technical committee for Simba Run, informed them they are
continuing to look for the best location. Charlie Calcaterra, resident and board member Simba
Run, expressed questions about "why" they are here and "what" is being reviewed. Spence
noted they were not here to review the project application again, but rather noted the context of
the appeal process was to review the decision made by the DRB. There were several
discussion items noted (from the memo) that suggested the project was incompatible with the
Code. Chapin closed the public hearing at this time. It was suggested the town council's task
was narrow in scope and much of the material presented was not germane to their decision.
Moffet moved to uphold the determination of the Design Review Board's decision and finds that
the Vail Town Code was properly applied in regard to the October 21, 2015 Design Review
Board approval of DRB150454. Furthermore, the project consisting of a dehumidifier,
associated condenser, screen wall and landscaping at the Simba Run Condominiums, located
at 1100 North Frontage Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, is consistent
with Title 14, Development Standards, of the Vail Town Code. Cleveland seconded the motion
and commented that he supported Moffet's comments and the role of DRB is aesthetic in nature
and all operational aspects are not for the council's review. The motion passed (7-0).
The fifth item on the agenda was Resolution No. 38, Series of 2015, a Resolution amending the
Lionshead Redevelopment Master Plan to amend detailed plan recommendations for future
development on the Evergreen at Vail development site, as prescribed in Chapter 5 of the
Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. The
applicant, Evergreen Lodge at Vail, represented by the Mauriello Planning Group, requested a
public hearing with the Vail Town Council to present recommended amendments to Chapter 5,
Detailed Plan Recommendations, subsection 5.19, Evergreen Lodge at Vail, of the Lionshead
Redevelopment Master Plan. The four purposes of the amendments are to:
1. Clearly identify and articulate the desired outcomes of a future redevelopment of the
Evergreen Lodge at Vail property,
2. Remove language from the Master Plan which is no longer relevant or applicable,
3. Respond to changes in conditions as a result of the land exchange with Vail Valley Medical
Center, and
4. Establish predictability within the review process by providing detailed site specific
recommendations for redevelopment of the Evergreen Lodge at Vail site.
The requested amendments are as reflected in Resolution No. 38, Series of 2015, 1/5/2016
Mayor Chapin reopened the public hearing which was continued from the last meeting,
December 15, 2015. George Ruther, Director of Community Development presented the
resolution and Lionshead master plan amendment with some technical clarifications about what
changed from the last meeting, sections 5.19.3 (minimum live beds), 5.19.4 (requirement for
reports related to stream health), 5.19.5 (references to Lot 10 removed). He noted two letters
were received, one from Vail International Condominium Association, and one from Mauriello
Planning Group on behalf of the applicant, the Evergreen Lodge, in response to the VI letter.
Staff presented their effort in addressing concerns was to refine the language to include broader
Town Council Meeting Minutes of January 5, 2016 Page 3
references to the concerns of both parties rather than trying to solve their concerns. Dominic
Mauriello, representing the applicant the Evergreen Lodge, spoke about supporting most of the
changes and referenced his letter submitted that addressed the concerns from Vail International
residents. Chapin opened the public comment and several persons spoke:
Rick Pylman, representing Vail International, noting some concerns have been addressed
but some of not which is why they've submitted their specific language proposals in the
letter.
Gwen Scapello, resident, expressed her concern about the language referencing Lot 10, i.e.
why a pedestrian connection between Frontage Road and West Meadow Drive, and
suggested further attention be given to 5.19.4 and 5.19.5. She requested the town
reconsider the references to the connections and do not allow for any structures on Lot 10.
Tom Braun and Jim Wear, representing Vail Valley Medical Center, expressed support for
the adoption of the Lionshead Master Plan and supported formalizing the land exchange
between Evergreen Lodge and VVMC. He requested town council support of the
amendment to move this partnership in the land exchange forward. He also mentioned that
the development review process would be the venue for resolving some of the other
concerns.
Chapin closed public hearing. Ruther reminded them their consideration is about the
amendment only and not the the proposed development plan and the PEC recommended
approval of the amendment after four hearings. It was noted the effective date language takes
into account the land exchange process, section below:
This Resolution shall become effective upon the date that the land exchange subdivision amendment
(the "resubdivision map") with the Vail Valley Medical Center is duly recorded at the Olice of the
Clerk and Recorder of Eagle County, Colorado. The condition approval of this Resolution shall expire
on December 31, 2020 (the "expiration date") unless the resubdivision map is recorded as required
prior to the expiration date.
There were some concerns expressed about Title 12 not living up to certain standards for
protecting the riparian corridor and the need to revise some of the code sections. It was noted if
that would occur, the timing would impede the ability of this project to move forward. There was
further discussion about pedestrian access and references to Lot 10, specifically language in
5.19.1 and 5.19.5. There was agreement to striking any references to Lot 10. Moffet moved to
approve Resolution No. 38, Series of 2015, a Resolution amending the Lionshead
Redevelopment Master Plan to amend detailed plan recommendations for future development
on the Evergreen at Vail development site, as prescribed in Chapter 5 of the Lionshead
Redevelopment Master Plan, and setting forth details in regard thereto. Bruno seconded the
motion. The motion passed (6-1; Cleveland — no).
The sixth item on the agenda was Ordinance No. 1, Series of 2016, Ordinance Amending the
Definition of Short -Term Rental in the Vail Town Code. Matt Mire, Town Attorney, noted that
Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time
not exceeding 31 days and Section 4-1-2 of the Vail Town Code defines short-term rental as a
rental for a period of time not exceeding 30 days. He suggests consideration of tris ordinance
in an effort to amend Section 12-2-2 to ensure consistency in the Vail Town Code. Moffet
moved to approve Ordinance No. 1, Series of 2016; Foley seconded the motio and it passed
(7-0).
Town Council Meeting Minutes of January 5, 2016 Page 4
The seventh item on the agenda was first reading of Ordinance No. 2, Series of 2016, an
Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional Use in all zone
districts except the Heavy Service (HS) District; Outdoor Recreation (OR); Natural Area
Preservation (NAP); Hillside Residential (HR); Single Family Residential (SFR); Two -Family
Residential (R) ; Two -Family Primary/Secondary (PS); Housing (H); Vail Village Townhomes
(VVT); and Arterial Business (ABD); amending the definition of Religious Institutions, and setting
forth details in regard thereto. Chris Neubecker, Planning Manager, presented purposes of this
ordinance which are to:
■ Provide more zone districts in town where Religious Institutions may be located
• Expand community infrastructure that supports cultural opportunities
■ Clarify the definition of Religious Institutions to include the incidental and
■ secondary uses that customarily accompany Religious Institutions
■ Bring the Town's Zoning Regulations into greater conformance with the Religious Land Use
and Institutionalized Persons Act (RLUIPA).
He noted the ordinance was drafted in response to a request and after it was discovered the
lack of zoning districts that allow Religious Institutions. In reviewing applicable federal laws, the
Department determined that this issue extended beyond the commercial zone districts and
needed greater attention. It was also their intent to draft an ordinance that would bring the
Town's Zoning Regulations into greater conformance with the Religious Land Use and
Institutionalized Persons Act (RLUIPA). He clarified this was not a rezoning but rather it was
adding text to the zoning code related to religious institutions; he presented a map that showed
the zone districts proposed to allow for religious institution. It was also noted the town's
regulations are consistent with uses of meeting rooms and conference spaces as there are
currently four of these areas in use. It was requested the list that reflects the zone districts that
allows the religious institutions be presented next time as well. Moffet moved to approve
Ordinance No. 2, Series of 2016; Bruno seconded the motion. Public comments were invited
and Michael Cacioppo supported granting more religious opportunities throughout the town with
comments that addressed constitutional rights, and that no local government can limit the ability
of religious institutions to practice. The motion passed on first reading (7-0).
The eighth item on the agenda was the update on the East Vail Fire Station Renovation,
Budget and Design as presented by Mark Novak, Fire Chief, and John King, Facilities Manager.
They noted in August 2015, town council authorized the Town Manager to enter into an
agreement with Pierce Architects to complete conceptual and schematic design for the for the
renovation of the East Vail Fire Station. This phase of the design has been completed and has
resulted in an updated budget for the project. To move forward with the project, Council will
need to direct staff to supplement the project budget in the March 2016 Supplemental and direct
the Town Manager to enter into an agreement with Pierce Architects to complete the design
work, resulting in complete construction documents. An escalation of constructior, costs in the
valley, the recommendation to address some operational needs with an increase in the footprint
of the remodel, the need to move the driveway which is on private property, and the inclusion of
an employee housing unit, were the basis for the budget increase. He noted safety concerns
related to distance around fire trucks and edge of the buildings and storage for their equipment,
would be mitigated if these changes could be included. Staff reviewed initial costs and value
engineered the project for some reductions. The construction documents require allocating $1.5
funding for the construction of the fire station and $400K to build the employee un t. King
presented some of the historical information related to maintenance of the 35 years old building,
which have been nominal. Some details of the EHU were presented, 1) inclusion of an outside
Town Council Meeting Minutes of January 5, 2016 Page 5
entry, 2) per square foot cost estimated at $200, and 3) no elevator required. The re was council
support to finish the design work and obtain bids on the project at which time they would then
review the project again for costs and appropriations. Moffet moved to authorize the Town
Manager to enter into an agreement with Pierce Architects to complete the design work,
resulting in complete construction documents; Bruno seconded the motion and it Gassed (7-0).
The ninth item of business on the evening's agenda was adjournment. There bei g no further
business to come before the council, Foley moved to adjourn the meeting and Mo et seconded
the motion which passed (7-0) and the meeting adjourned at 8:15 p.m.
Respectfully Sub itted,
i
Attest.
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Patty "Tow
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have Chapin, ayor
Town Council Meeting Minutes of January 5, 2016 Page 6