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12-14-15 Town Council MinutesSNOWIVASS VILLAGE TOWN COUNCIL SPECiAL MEETING MINUTES DECEMBER 14,2015 1 P L CALL lvlayor Butler called to order the Special lileeting of the Snowmass Village Town Council on lvlonday, December 14, 2015 at 3:02 p.m. A complete live recording of this meeting can be found at www.tosv.com under Town Council lvleetings. This will be archived indefinitely allowing you to view at any time. COUNCIL MEMBERS l\ilarkey Butler, Bob Sirkus, Bill Madsen, Alyssa Shenk, andPBESENT: Tom Goode. COUNCIL I\,IEIVIBERS ABSENT: All council members were present. STAFF PRESENT PUBLIC PRESENT 2, PHOCLA Clint Kinney, Town Manager; John Dresser, Town Attorney; Julie Ann Woods, Community Development Director; Anne lvlartens, Public Works Director; Rhonda B. Coxon, Town Clerk; Travis Elliott, Assistant to the Town Manager Fred Kucker, Jodi Surfas, Michael Miracle, Jamie Knowlton, Mike Sura, Don Schuster, Gert Van l\.4oorsel, Shawn Byrne, and Jill Beathard and olher members of the public interested in today's Agenda items. IVlATIONS AND PRES NTATIONS None at this time 3. PUBLIC COMI\,ENT This section is set aside for the Town Council to LISTEN tocomment by the public regarding items that do not otherwise appear on thisagenda. Generally, the Town Council will not discuss the jssui and will not take anofficial action under this section of the agenda. None at this time. 4-eONSENJ AGENDA These are items where all conditions or requirements havebeen agreed to or met prior to the time they come before the Council for rinal action. ASingle Public Hearing will be opened for ali items on the Consent Agenda. These items Bob Sirkus made the motion to approve accepting the proposed amendment for discussion only. Bjll l\,4adsen seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Markey Butler, Bob Sirkus, Bill lvladsen, Alyssa Shenk, and Tom Goode. Voting Nay: None. Fred Kucker, a resident of Snowmass Village spoke to the amendment and changes. He feels that the developer has thrown Town Council a huge curve ball with submitting the changes at the '1'1th hour. Kucker stated that in the future any 12-14-1sro lvlinutes Page 2 of 5 will be approved by a single motion of the Council. The Mayor will ask if there js anyone presenl who has objection to such procedure as lo certain items. Members ol the Council may also ask that an item be removed from the consenl section and lully discussed. All items not removed from the consent section willlhen be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed lrom lhe consent agenda will be placed on the regular agenda. None at this time. 5. PUBLIC HEABINGS QUASI.JUDICIAL HEARINGS Public Heafings are the formal opporlunity for the Town Council to LISTEN to the public regarding the issue at hand. For land use hearings the Council is required to act in a quasi-judicial capacity. When acting as a quasi-judicial body, the Council is acting in much the same capacity as a judge would act in a court of law. Under these circumstances, the judicial or quasi-judicial must limit its consideration to matters which are places into evidence and are part of the public record. The Council must base their decision on the law and the evidence presented at the hearing. A, PUBLIC HEARING _ FIRST READING OHDINANCE NO, 09, SEBIES OF 2015_ BASE VILLAGE MAJOR PUD AMENDI\,IENT _ FINAL PLAN REVIEW (Continued Public Hearing from December 8, 2015) -Julie Ann Woods, Community Development Director --Jim Wahlstrom, Senior Planner Julie Ann Woods, Community Development Director staled thal on Wednesday, December gth at 4:00 p.m. the applicant submitted a lormal amendment to their application that included tive items: changes to the garage, mini round about in lieu of snowmelt, remove 'l38 lrom Phase ll, car share program asking that is in lieu o, an additional floor of parking in Building 'l'l Lot 5 and will revise the Lot 2 P|aza agreement io include more flexibility with special events. Staff does not agree with the amendments. Woods noted that Town Councilwill have to vote on the amendment. 12-'14-15rC Minutes Page 3 of 5 amendments be brought to Council nol just to the Community Development Director so the Public is aware and can comment on the amendments. Town Council took a break at this time The applicant and the Town Council reviewed and discussed the amendments which are listed below: 1) allow changes to the existing parking garage as presented in their amendment to satisfy Capital Peak homeowners; 2) install a yet to be designed mini-roundabout at the CarriagewayMood Road intersection in lieu of providing snowmeli on Wood Road; 3) remove Building 138 from Phase 2 (also removed from the Development Agreement); 4) provide a car share program in lieu of the contingency parking that is curren y required to be provided as an additional floor of parking in Building '1'1 on Lot 5; 5) revise the Lot 2 Plaza Agreement that provides the Town with more control of the plaza and to clarify that "the plaza will accommodate the necessary pickup truck weight and access(sic) capacities necessary to permit staging of appropriately-sized events on the plaza" The applicant also provided revisions to the Development Agreement, SlA, Services Agreement, Restricted Housing Agreement, Lot 2 Plaza Agreement and the pUD Guide (including drawings of proposed height changed to Buildings 7,8, 1OAB, 11, '12 and'138). Of significant note is proposed language in the PUD Guide that would allow building heights to be modified through an Administrative Modification process. Burt Fullman, homeowner from the Tamarack stated his Association is in favor of Base Village being developed and finished. Not infavorof a Developer the current applicant still not knowing who or what developer the Town is working with. He feels there should be a contract by a given date so the community and the Town know who they are working with. At this lime the Council discussed the following items; Assign the rights of Building 6 to a Foundation like the Vail Valley Foundation, Community Purpose agreement, Base Village Services Agreement, regarding traffic control, Base Village Development Agreement, talked about scheduling and phasing, housing agreement, SlA, and does not mean completion but it does mean construction interruplion, 90 days then the cure period. The applicant provided the height variations on a view plane map for Council. Council asked that the applicant provide this information to their neighbors due lo the design and height variance changes. East Wesl Partnership is asking for the height variance in all the Buildings without going through the variance process. They need a guarantee on the heights before they make a deal with Related to purchase. The Council is not 12-14-1sTC l\.4 in utes Page 4 of 5 willing to guarantee this request. Council stated they are comforlable with the heights for Building 7 and I but not the rest of Base Village. Bob Sirkus made the motion to approve continuing this discussion and the approval of the ordinance. Alyssa Shenk seconded the motion. The Motion failed by a vote of O in favor to 5 opposed. A, REPOHTSiUPDATES None at this time. Voting Aye: None. Voting Nay: lvlarkey Butler, Bob Sirkus, Bill l\,ladsen, Alyssa Shenk, and Tom Goode. At this time Town Council reviewed Ordinance No. 09, Series of 20'1S line by line, page by page and provided language changes for the applicant and statf. Tom Goode made the motion to approve first reading of Ordinance Og, Series of 20.15 - Base Village Major PUD Amendment Final Plan. Bill Madsen seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: l\ilarkey Butler, Bob Sirkus, Bill l\4adsen, Alyssa Shenk, and Tom Goode. Voting Nay: None. Mayor Butler continued the Public Hearing to the Regular Meeting ol the Snowmass Village Town Council on Monday, December 2'1, 2015. ICY/LEGISLATIVE PUBLI HEA None at this time 9, ADJOURNMENT At 7:55 p.m. Alyssa Shenk made the motion to adjourn the Special Meeting of the Snowmass Village Town Council on lvlonday, Decembe|14, 20'15. Tom Goode seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: l\ilarkey Butler, Bob Sirkus, Bill lvladsen, Alyssa Shenk, and Tom Goode. 7, ADI\,,lINISTFATIVE REPORTS None at this time. 8, TOWN COUNCIL REPORTS AND ACTIONS 12-14-15TC Min utes Page 5 of 5 Voting Nay: None. This set of Minutes was approved by the Snowmass Village Town Council at their Regular Meeting on June 20,2016 Su By, Rh B. Coxon, CMC Town Clerk