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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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