HomeMy WebLinkAbout2017-07-11 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, July 11, 2017
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 Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Dick Cleveland
Kim Langmaid
Jen Mason
Greg Moffet
*Kevin Foley absent
Staff members present: Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
Citizen Participation
Diane Carpenter, resident Village Center, expressed her concerns for public safety and
residential access during the Go Pro Mountain Games and the Craft Beer Classic special
events. She stated residents who reside within the special event venue are being denied
access to their units during event times and she questioned if emergency vehicles could get to
a fire or a resident who needed medical assistance.
Stephen Connolly, Vail resident, asked council to consider having employee housing on top of
the proposed Red Sandstone Parking Structure. Connolly also asked about operational costs
of the parking structure.
Tom Ruemmler, Vail resident, requested council consider other revenue methods other than
impact fees.
Herman Staufer, Vail resident, expressed concerns on rental by owners (RBO) should only be
allowed in commercial areas and not residential areas. Staufer stated RBO's ruin the quality
of life for the property owner who lives here.
2. Consent Agenda
2.1. Minutes from May 16, 2017 meeting
2.2. Minutes from May 23, 2017 special meeting
2.3. Resolution No. 22, Series of 2017, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Colorado Department of Transportation Regarding
Town Council Special Meeting Minutes of July 11, 2017 Page 1
the Division of Transit and Rail "FASTER" Transit Grant and Setting Forth Details in Regard
Thereto.
2.4. Resolution No. 23, Series of 2017, A Resolution Approving an Estoppel Agreement
Between the Town of Vail Local Housing Authority and Lion's Ridge Apartment Homes, LLC
and Setting Forth Details in Regard Thereto.
Moffet made a motion to approve the consent agenda items; Bruno seconded; approved 6-0
3. Town Manager Report
George Ruther provided an update to council regarding the July 13 master housing lottery.
Housing applicants have expressed concern over the application process and how applicants
are "ranked" with a point system. Ruther stated the lottery would go forward with the current
process at the July 13'h lottery, but staff would present an updated selection criteria to council
later this year; which would be implemented in 2018.
4. Action Items
4.1. 12-13-5: Employee Housing Unit Exchange Program - A request authorizing the Town
Manager to execute a release of a deed restriction from an existing deed restriction.
Presenter(s): George Ruther, Director of Community Development and Lynne Campbell,
Housing Coordinator
Action Requested of Council: 12-13-5: Employee Housing Unit Exchange Program —A request
authorizing the Town Manager to execute a deed restriction release and approves the request
for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing
Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit
located at Lot 21W, Block 3, Vail Valley Filing 1/1358 A Vail Valley Drive, in exchange for the
placement of an employee housing deed restriction on another dwelling unit located at
Sandstone 70 Unit B Building 13/923 Red Sandstone Drive Unit B13.
Background: The owner of Lot 21W, Block 3, Vail Valley Filing /1358 A Vail Valley Drive that
has a non compliant 300 square foot Employee Housing Unit and requests to exchange this
EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit
located at Sandstone 70 Unit B Building 13 / 923 Red Sandstone Drive Unit B13.
Staff Recommendation:
The Vail Local Housing Authority recommends the following motion be made:
"The Vail Town Council authorizes the Town Manager to execute a deed restriction release and
approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-
5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an
employee housing unit."
Ruther reviewed the request to release a deed restricted property located at 1358 Vail Valley
Drive Unit A and rerecord a deed restriction on a new property located at 923 Red Sandstone
Drive Unit B13 Red Sandstone Drive. The Vail Valley Drive unit had a non compliant 300
square foot employee housing unit. Whereas the Red Sandstone Drive unit has 864 square
feet.
There was no public comment.
Moffet made a motion to authorize the Town Manager to execute a deed restriction release and
approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-
Town Council Special Meeting Minutes of July 11, 2017 Page 2
5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an
employee housing unit; Langmaid seconded the motion; motion passed 6-0
4.2. Ordinance No. 6, Series of 2017, First Reading, an Ordinance rezoning Lot 2E and Lot
2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to
the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot
2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU)
District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage
Road West, and setting forth details in regard thereto. (PEC17-0015)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 6, Series of 2017, upon first reading.
Background: On June 26, 2017, the Planning and Environmental Commission approved a final
plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -
subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting,
the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail
Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing,
and the creation of Lot 2E-1.
The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center
and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the
rezoning proposal meet the minimum lot size for their proposed new zoning designations and
comply with all applicable development standards.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
rezone Lot 2E and Lot 2E- 1, Block 1, Vail Lionshead Second Filing, from Lionshead Mixed Use
1 (LMU-1) District to the General Use (GU) District, and to rezoning Lot F-1, Vail Village Second
Filing from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District.
Cleveland recused himself from the discussion as he is a member of the Vail Valley Medical
Center Board of Directors.
Spence, Town of Vail Planner, provided council with a brief background concerning Ordinance
No. 6, Series of 2017. On June 26, 2017, the Planning and Environmental Commission
approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to
allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. At
the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead
Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the
Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have
consistent zoning designations. All of the lots subject to the rezoning proposal meet the
minimum lot size for their proposed new zoning designations and comply with all applicable
development standards.
There was no comment from council or the public
Moffet made a motion to approve, on first reading, Ordinance No. 6, Series of 2017, an
ordinance rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from
Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot
Town Council Special Meeting Minutes of July 11, 2017 Page 3
F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a
Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1)
District, located at 180 and 250 South Frontage Road West, and setting forth details in regard
thereto. Bruno seconded the motion; approved 5-0
4.3. Ordinance No. 7, Series of 2017, First Reading, an Ordinance for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area
for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village
Second Filing, and setting forth details in regard thereto. (PEC17-0023)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 7, Series of 2017, upon first reading.
Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to
include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge
Development Lot within the Commercial Core Area, ensuring that there is one set of consistent
parking regulations in place for future redevelopment of the site.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed
regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial
Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1,
Vail Village Second Filing.
Spence reviewed Ordinance No. 7, Series of 2017 with council. On June 26, 2017, the Planning
and Environmental Commission unanimously forwarded a recommendation of approval to the
Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town
Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located
at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. The applicant is
proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this
mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within
the Commercial Core Area, ensuring that there is one set of consistent parking regulations in
place for future redevelopment of the site. This request follows a minor subdivision request to
create Lot F-1 and a Zone District Boundary Amendment to rezone the newly created lot from
General Use (GU) District to the Lionshead Mixed Use 1 (LMU-1) District. The new lot will
become part of the Development Lot for the Evergreen Lodge which also consists of Lot 2W of
Vail Lionshead Second Filing. The concept of different parking schedules for different parts of
the Town of Vail was codified via Ordinance No. 9, Series of 2000. This ordinance and
accompanying map distinguished Vail's Commercial Core Area from other parts of town for the
purposes of determining parking requirements. Due to the concentration of uses and the mixed -
use nature of the Villages, it was determined that parking requirements should be less within the
villages than in other commercial or residential parts of town. The Core Area Parking Map was
most recently modified via Ordinance No. 9, Series of 2011, to include the future Ever Vail
project within its boundary for the consideration of parking requirements. (It should be noted that
the 2011 amendment to the map does not take effect until the recordation of the Ever Vail
subdivision final plat. The Ever Vail subdivision, and the related amendment to the map, expires
on December 31, 2020). Included in proposed Ordinance No. 7, Series of 2017 is a trigger
mechanism that enacts the prescribed regulation amendment upon the recordation of the
associated plat creating Lot F-1.
Town Council Special Meeting Minutes of July 11, 2017 Page 4
Spence stated, on June 26, 2017, the Planning and Environmental Commission unanimously
forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area
for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village
Second Filing.
There was no comment of council or the public.
Moffet made a motion to approve, on first reading, Ordinance No. 7, Series of 2017, an
ordinance prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Title 12, Sections 12-10-19 Core Areas Identified, Vail Town Code, to
include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250
South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard
thereto. Bruno seconded the motion; approved 6-0
5. Public Hearings
5.1. Second reading of Ordinance No. 4, Series of 2017, an ordinance to amend Title 12 of
the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee.
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve on Second Reading Ordinance No. 4, Series 2017
Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an
updated transportation impact fee. The impact
fee is proposed to codify the current traffic mitigation fee to help fund future transportation
related projects identified in the Vail Transportation Master Plan. The proposed fee will be
applied in all zone districts, and will require developers to pay their proportional share for the
necessary transportation infrastructure improvements that are directly related to the impacts
created by the new development.
Staff Recommendation: Approve on Second Reading Ordinance No. 4, Series 2017
Kassmel, reviewed the changes to Ordinance No. 4, Series of 2017 since second reading with
council. The proposed transportation impact fee would apply to new developments, including
creation of any new residential dwelling units, or any new commercial floor area. The fee does
not apply to residential remodels where no additional units are added, or to commercial
remodels that do not increase square footage. This new fee would be paid by the owner or
developer, and would be collected by the Community Development Department at the time of
issuance of a building permit. Revenues from this fee would be used by the Town for new
transportation related infrastructure projects that are necessary due to the increased traffic from
the incremental new development. Kassmel stated the recommended fee schedule was based
on the allowable fees as determined by the nexus study completed by TischlerBise. The fee
schedule can be reduced by some percentage as long as the reduction is equally applied over
all uses. However by reducing the fee, Council recognizes that the shortfall of revenue
projection will have to be made up by the Town. In general, for every 5% reduction in fees, the
Town would need to subsidize an additional $900,000.
Jim Lamont, Vail Homeowners Association, expressed concern approving the ordinance on
second reading. Lamont suggested the Town goes through a master plan process to
understand the magnitude of the growth.
Town Council Special Meeting Minutes of July 11, 2017 Page 5
Tom Ruemmler, Vail resident, stated taxing a new development was not the answer and
suggested raising sales tax to pay for infrastructures. Ruemmler felt it was better to spread it
over the entire community not just the new development; which was a small percentage.
Tom Braun, Braun and Associates, was concerned the fee structure needed to have more time
to outline and suggested the fee structure go through a work session first.
Dominic Mauriello, Mauriello Planning Group, suggested a critical review of the Vail
Transportation Master Plan as well.
Kassmel responded to the public concerns related to growth projections and future
transportation needs by explaining the fee schedule would be adopted by resolution; which
would allow for the schedule to be easily changed.
Council asked Kassmel how many times this subject has been discussed; which Kassmel
responded nine times throughout the process. Kassmel went on to say emails have been sent
to local developers throughout the process as well. Some council members were uncomfortable
with the fees as proposed.
Moffet made a motion based upon the review of the criteria outlined in Section V of the Staff
memorandum to the Planning and Environmental Commission dated May 8, 2017 and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a manner that
conserves and enhances its natural environment and its established character as a resort and
residential community of the highest quality. The motion was seconded by Bruno; approved 4-2
(Moffet and Mason opposed).
5.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A),
Special Development Districts, Vail Town Code, to allow for the development of a mixed use
building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19
accommodation units and 10 employee housing units, located at 430 and 434 South Frontage
Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting
a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail
Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
Town Council Special Meeting Minutes of July 11, 2017 Page 6
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval,
with conditions, to the Vail Town Council.
Dominic Mauriello, Mauriello Group, represented the applicant. Mauriello requested Ordinance
No. 9, Series of 2017 be tabled and public hearing be moved to the July 18th meeting to allow
time to work with staff.
Council expressed concern regarding tabling the item to the July 18th meeting because the
Japanese delegation would be here at that time to discuss a possible sister city exchange and
there would not be enough time allowed for the public to comment on the ordinance.
Moffet made a motion to table Ordinance No. 9, Series of 2017 to the August 1st council
meeting; seconded by Bruno; motion passed 6-0
5.3. Second reading of Ordinance No. 8, Series 2017, an Ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer
Tax Fund.
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series
2017
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2017
Smith stated to council there were no changes since the first reading of Ordinance No. 8, series
of 2017. Smith reviewed a 2017 off -cycle contribution request from Vail Memorial Park for
$50,000 to assist with operating expenses in order to proceed with Phase II I of the Vail
Memorial Park Foundation master plan.
Joe Hanlon, Vail Memorial Park representative, stated the request was for construction and
expansion of the park this fall.
Moffet made a motion to approve Ordinance No. 8, Series of 2017 on second reading with the
change to include the $50,000 request from Vail Memorial Park to be repaid to the Town;
seconded by Mason; approved 5-1( Cleveland opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 8:55 p.m.
Attest:
Ta mygel, eputy n Clerk
:mac fill 1
Chap ayoU
Town Council Special Meeting Minutes of July 11, 2017 Page 7