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HomeMy WebLinkAbout1987-11-17 Support Documentation Town Council Regular Session ~ REVISED VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOUEMBER 17, 1987 7:30 p.m. AGENDA 1. Report on Economic Development of the County 2. Consent Agenda A. Ordinance No. 36, Series of 1987; second reading, an ordinance repealing and re-enacting Section 18.04.200, Definition of the term, Landscaping, as it pertains to the Municipal Code of the Town of Vail, and providing details thereto. B. Ordinance No. 37, Series of 1987, second reading, an ordinance imposing zoning on a parcel of property legally described as Lot 21, Section 14, Town of Vail, Eagle Count;y, Colorado, heretofore annexed to the Town of Vail, designating said zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. C. Ordinance No. 38, Series of 1987, second reading, an ordinance imposing zoning on a parcel of property commonly referred to as Spraddle Creek, located in the southeast one quarter, southwest one quarter of Section 5, Township 5 south range 80 west of the 6th principal meridian, Town of Vail, Eagle County, Colorado, heretofore annexed to the Town of Vail, designating said zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. 3. Public Hearing for the purpose of consi'dering increasing the Town's property tax. The property tax increase would be earmarked for street improvements. The purpose of this increase in property tax is to eliminate the need for future street improvement districts and to pay for the bonded indebtedness of the West Vail Local Improvement District related to street improvements. 4. Ordinance No. 35, Series of 1987, second reading, an annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for it's fiscal year January 1, 1988 through December 31, 1988, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1987 tax year and payable in the 1988 fiscal year. 5. Ordinance No. 39, Series of 1987, first reading, an ordinance repealing and reenacting Chapter 5.04 Annual Business License; and setting forth details in regard thereto. 6. Ordinance No. 40, Series of 1987, first reading, an ordinance approving a special development district (known as SDD No. 18, Garden of the Gods Club) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. 7. Amphitheatre Lease,Agreement between the Town of Vail and Vail Valley Foundation CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment _ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 17, 1987 7:30 p.m. AGENDA 1. Report on Economic Development of the County- 2. Consent Agenda A. Ordinance No. 36, Series of 1987, second reading, an ordinance repealing and re-enacting Section 18.04.200, Definition of the term, Landscaping, as it pertains to the Municipal Code of the Town of Vail, and providing details thereto. B. Ordinance No. 37, Series of 1987, second reading, an ordinance imposing zoning on a parcel of property legally described as Lot 21, Section 14, Town of Vail, Eagle County, Colorado, heretofore annexed to the Town of Vail, designating said.zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. C. Ordinance No. 38, Series of 1987, second reading, an ordinance imposing zoning on a parcel of property commonly referred to as Spraddle Creek, located in the southeast one quarter, southwest one quarter of Section 5, Township 5 south range 80 west of the 6th principal meridian, Town of Vail, Eagle County, Colorado, heretofore annexed to the Town of Vail, designating said zoning district for the annexed property; setting forth details relating thereto; and amending the official zoning map in relation to the annexed property. 3. Ordinance No. 35, Series of 1987, second reading, an annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for it's fiscal year January 1, 1988 through December 31, 1988, and . providing for the levy assessment and collection of Town ad valorem property taxes due for the 1987 tax year and payable in the 1988 fiscal year. 4. Ordinance No. 39, Series of 1987, first reading, an ordinance repealing and reenacting Chapter 5.04 Annual Business License; and setting forth details in regard thereto. 5. Ordinance No. 40, Series of 1987, first reading, an ordinance approving a special development district (known as SDD No. 18, Garden of the Gods Club) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. 6. Amphitheatre Lease Agreement between the Town of Vail and Vail Valley Foundation CITIZEN PARTICIPATION 7. Town Manager's Report 8. Adjournment , .v VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 17, 1987 , 7:30 p.m. EXPANDED AGENDA 7:30 1. Report on Economic Development of County K.T. Gazunis Action Requested of Council: Listen to report and ask any questions you may have. 7:45 2. Consent Agenda Rick Pylman A. Ordinance No. 36, Series of 1987, second reading, requesting to amend Section 18.04.200 of the Municipal Code concerning landscaping Action Requested of Council: Approve/deny Ordinance No. 36, Series of 1987, on second reading. , Background Rationale: Section 18.04.200 of the Municipal Code is the definition of the term, "landscape". For the purposes of the definition, existing native vegetation is allowed as landscaping only in certain zone districts. With the approval of the recent Hillside Residential zone district, the Community Development Department set forth to add that zone district to the definition of landscape. During review, we also realized that the zone district, Primary/Secondary, had been left out of the original . definition and we felt that that should be included. Staff Recommendation: Approve Ordinance No. 36, Series of 1987, on second reading. , Rick Pylman B. Ordinance No. 37, Series of 1987, second reading, requesting to apply Hillside Residential zoning to a parcel of land referred to as the Ulbrich property (Applicant: John Ulbrich) Action Requested of Council: Approve/deny Ordinance No. 37, Series of 1987, on second reading. Background Rationale: A portion of the Ulbrich property was recently annexed into the Town of Vail. This property, through the Land Use Plan process, received the designation of Hillside Residential. The Town of Vail recently completed the zone district, Hillside Residential, and the applicant is now applying to have his property zoned Hillside Residentiai. Staff Recommendation: Approve Ordinance No. 37, Series of 1987, on second reading. Rick Pylman C. Ordinance No. 38, Series of 1987, second reading, requesting to apply Hillside Residential zoning to a 20 acre parcel of land commonly referred to as Spraddle . Creek (Applicant: George W. Gillett, Jr.) Action Requested of Council: Approve/deny Ordinance No. 38, Series of 1987, on second reading. Background Rationale: Through the Land Use Plan process, the Spraddle Creek property was designated as Hillside Residential. Hillside Residential zone district has been adopted by the Town of Vail and the ~ • applicant is now requesting that the Town of Vail designate that property as Hillside Residential. Staff Recommendation: Approve Ordinance No. 38, Series of 1987, on second reading. , 8:00 3. Ordinance No. 35, Series of 1987, second reading, adopting a Charlie Wick budget and financial plan and making appropriations for Steve Barwick fiscal year 1988. The ordinance also establishes the ad valorem property taxes due for the 1987 tax year and payable in the 1988 fiscal year. Action Requested of Council: Approve/deny Ordinance No. 35, Series of 1987, on second reading. Background Rationale: The proposed 1988 TOV budget has been presented and reviewed in depth during eight prior Work Sessions. This ordinance is the culmination of that process. Staff Recommendation: Approve Ordinance No. 35, Series of 1987, on second reading. 8:20 4. Ordinance No. 39, Series of 1987, first reading, regarding Charlie Wick business license fees Action Requested of Council: Approve/deny Ordinance No. 39, Series of 1987, on first reading. Background Rationale: This ordinance has been an ongoing process for raising monies for the marketing of Vail. Staff Recommendation: Approve Ordinance No. 39, Series of 1987, on first reading. 9:10 5. Ordinance No. 40, Series of 1987, first reading, regarding Kristan P.ritz a request to rezone the Garden of the Gods Club from public accommodation zoning to a special development district Action Requested of Council: Approve/deny Ordinance No. 40, Series of 1987, on first reading. Background Rationale: This ordinance was a request to rezone Lot K, Block 5A, Vail Village 5th Filing, the Garden of the Gods Club from public accommodation zoning to a special development district in order to remodel 16 accommodation units and to add six dwelling units. (Applicant: Mr. A. G. Hill, Sr.) The PEC reviewed this request on November 9th. The Commission's recommended approval of the request 4-0 with one abstention. In general, the PEC felt that the proposal was an example of a well done upgrading of a small lodge. One member stated that the Town could perhaps have more incentives for the redevelopment of small lodges to keep Vail's lodging competitive. O.ne member felt that the over-reliance on the subdivision use restrictions could prove to be a mistake in the long run as the restrictions are difficult to enforce which could lead to a loss of our short-term bed base. Staff Recommendation: Approve Ordinance No. 40, Series of 1987, on first reading. 9:30 6. Amphitheatre Lease Agreement between the Town of Vail and Larry Eskwith Vail Valley Foundation Action Requested of Council: Approve/deny the lease agreement. Background Rationale: The lease is basically the same as the original lease. The term for the lease commences on -2- r April 1, 1987 and ends Sept. 30, 1992. The agreement provides for three lease extensions for a term of 5 years per extension if the lease terms and conditions are being met by the Foundation. Termination of the lease shall occur when 1) the Amphitheatre receives a final certificate of occupancy, 2) the Amphitheatre is accepted by the ToNrn, and 3) the Foundation obtains an endowment of $435,000. The lease provides for public access into the Amphitheatre from 9:00 a.m. to 6:00 p.m. daily (Section 26). The Foundation has also stated their willingness to cooperate with the Town during the construction of Ford Park (Section 27). Staff Recommendation: Approve the lease. CITIZEN PARTICIPATION 9:45 7. Town Manager's Report 9:50 8. Adjournment -3- ORDINANCE N0. 36 Series of 1987 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 18.04.200, DEFINITION OF THE TERM, LANDSCAPING, AS IT PERTAINS TO THE MUNICIPAL CODE OF THE TOWN OF VAIL, AND PROVIDING DETAILS THERETO WHEREAS, the Town of Vail did adopt Section 18.04.200 to provide a definition of the term, "landscaping" as it pertains to the Municipal Code of the Town of Vail; and WHEREAS, that definition has been written to allow native vegetation as land- scaping only in the low density zone districts of the Town of Vail; and WHEREAS, the Primary/Secondary zone district has not previously been included in this definition; and WHEREAS, the Hillside Residential zone district being recently adopted has not previously been included in this definition. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 18.04.200 of the Town of Vail Municipal Code is hereby repealed and re- enacted with amendments to read as follows: Section 18.04.200 Landscaping "Landscaping" means planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than 20 percent of the landscaped area. For the purposes of this title, nat- ural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in a Single Family, Two-Family Residential, Residential Cluster, Low Density Multi-Family, Hillside Residential, and Primary/Secondary Residential zone districts. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 3rd day of November , 1987, and a public hearing shall be.held on this ordinance on the 3rd day of November, 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 3rd day of November, 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ORDINANCE N0. 37 Series of 1987 AN ORDINANCE IMPOSING ZONING ON A PARCEL OF PROPERTY LEGALLY DESCRIBED AS LOT 21, SECTION 14, TOWN OF VAIL, EAGLE COUNTY, COLORADO, HERETOFORE ANNEXED TO THE TOWN OF VAIL, DESIGNATING SAID ZONING DISTRICT FOR THE ANNEXED PROPERTY; SETTING FORTH DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE ANNEXED PROPERTY WHEREAS, the property to be zoned has been annexed to the Town of Vail; and WHEREAS, there is an application from the property owner of Lot 21, Section 14, for zoning said parcel; and WHEREAS the Planning and Environmental Commission has considered the approp- riate zoning for the annexed property and has unanimously recommended that the Town Council zone the parcel Hillside Residential; and • WHEREAS, the Town Council considers it in the public interest to zone said an- nexed property as soon as possible, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for the provision of zoning districts for property annexed to the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental . Commission recommending the zoning of the annexed property. Section 2. Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property described as Lot 21, Section 14, Unplatted, Town of Vail, Eagle County, Colorado is zoned as Hillside Residential (HR). Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is here by directed to modify and amend the official zoning map to include the zoning specified in Section 2(2 above). Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and reenactment of any provisions of the Uail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 3rd day of November , 1987, and a public hearing shall be held on this ordinance on the 3rd day of November, 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 3rd day of November, 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDEREO PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk . ORDINANCE N0. 38 Series of 1987 AN ORDINANCE IMPOSING ZONING ON A PARCEL OF PROPERTY COMMONLY REFERRED TO AS SPRADDLE CREEK, LOCATED IN THE SOUTHEAST ONE QUARTER, SOUTHWEST ONE QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF VAIL, EAGLE COUNTY, COLORADO, HERETOFORE ANNEXED TO THE TOWN OF VAIL, DESIGNATING SAID ZONING DISTRICT FOR THE ANNEXED PROPERTY; SETTING FORTH DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE ANNEXED PROPERTY WHEREAS, the property to be zoned and more particularly described in Exhibit A attached hereto has been annexed to the Town of Vail; and WHEREAS, there is an application from the property owner for said zoning said parcel; and WHEREAS the Planning and Environmental Commission has considered the approp- riate zoning for the annexed property and has unanimously recommended that the Town Council zone the parcel Hillside Residential; and WHEREAS, the Town Council considers it in the public interest to zone said an- nexed property as soon as possible, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF UAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for the provision of zoning districts for property annexed to the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental Commission recommending the zoning of the annexed property. Section 2. Pursuant to Section 18.68.070 of the Vail Municipal Code, a parcel of property commonly known as Spraddle Creek is zoned as Hillside Residential (HR). Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is here by directed to modify and amend the official zoning map to include the zoning specified in Section 2(2 above). ' Secti ori 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is ' for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declaees it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 3rd day of November , 1987, and a public hearing shall be held on this ordinance on the 3rd day of November , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 3rd day of November , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk . r._ . ~r~;•~'?tj e . ' . - . . ? - 1f+s'ei'-'i~Yti . . . . . . . „ v.i^ _ • . • . , . . - ' . lt =•y r. EXHI'dIT 1? (Attacried to and torminq part of Warranty Deed dated April 30, 1986 trom Vail Aseociates, Inc. to _ George N: :,illett, Jr. ) _ , _ UNA.L-PUMPTION OF THF, PRQPEkT'Y . . . . . ',1.( A parcel of land commonly refsrreQ to ae Spraddle Creek - located in tha S£ 1/4 SW 1/4 of Section S, Tovnehip 5 South, Ranqe 60 WeRt of the 6th Principal Meridian, Eagle Coun*_y, - Colorado more perticularly describad as follows: ~ BEGINNZNG at the SE coz•ner of said SE 1/4 SW 1/4, a brnas cap; thenco S 89'47168" W a dietnnce of 904.32 faet alony the aouth boundary lina of anld SF 1/• SW 1/4 to a point on the - northerly right-ol-way line of Znturotate Hiqhway No. 70, be±nq . a point on an exieting fence; thence alc.nq said riqht-of-way ' fenca lina N 73'25154" W a c!iatance of 210.55 leet to an anqie point in said fence; thence N E6'59128" W-n diatance of 241.05 , ~feet alonq seid right-of-wey tence line to an aluminum cap and rebar on the vest boundazy line of seld SE 1/4 SW 1/4; thence N 00'20131" W a dietan::e of 1,161.66 leet along tha west boundary line of said SE 1/4 SW 1/4 to th• NW corner of said SE 1/4 Sw 1/4, a brass cap; thence N 89'41112" E a distance of - 1,331.07 feet alonq eaid ncrth boundary line of the NE eorner c_ _ said SE :/4 SW 1/4, a brass cap; thence S 00'll'00" E a d1sLa-::a of 1,320.14 fazt elony the eegt boundary 11ne of safd SE 1!4 St, 1/4 Lo T.ne PGZNT CF BEGZ17A1:1tG, containinq 39.554 acres more Sr lese. 3:. _ • tj ; 'e5 :.l.. , . - . . '4~ ~ f, . Y ' . , d . ~~r _ y ` c'~~Li .~r-. > ,j~ 3 . 4 ax.l :s / . ! s . • lt V I ORDINANCE N0. 35 Series of 1987 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1988 - iHROUGH DECEMBER 31, 1988, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1987 TAX YEAR AND PAYABLE IN THE 1988 FISCAL YEAR. WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, . Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Towri and a proposed budyet and financial plan for all Town funds and activities for the 1988 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 9th day of October, 1987, more than seven days prior to the hearing held on the 20th day of October, 1987 pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Couricil to adopt a budget and financial plan for the 1988 fiscal year, to make appropr•iations for the amounts specified in the budget., and to provide for the levy, assessment arid collection of Town ad valorem property taxes due for the 1987 year and pa,yable in the 1988 fiscal year. NOW, THEREFORE, be it ordained by the Tuwn Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropr•iations for the Town of Vail, Color•ado, for its fiscal year beginning on the first day of January, 1988, and ending on the 31st day of December, 1988: FUND AMOUNT General Fund $10,641,291 Capital Projects Fund 4,475,240 Conservation Trust Fund 7,000 Real Estate Transfer Tax 1,834,594 Heavy Equipment Service Fund 1,167,125 Computer Project Fund 240,000 Debt.Service Fund 3,719,642 Total: $22,084,892 Less Interfund Transfers: < 5,076,767> To-tal Budget $17,008,125 -1- 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 1987 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. 4. For the purpose of defraying part of the operating expenses of the Town of Vail, Colorado during its 1987 fiscal year, the Town Council hereby levies a property tax of 4.78 mills upon each dollar of the total assessed valuation of $341,721,150 for the 1987 tax year of all taxable property within the Town, which will result in a gross tax levy of $1,633,427 said assessment shall be duly made by the County of Eagle, State of Colorado, and directs Revised Statutes (1973 as amended) and as otherwise required by law. 5. This Ordinance shall take effect five days after publication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS 20th day of October , 1987, and a public hearing on this Ordinance shall be held at a regular meeting for the Town Council of the Town of Vail, Colorado, on the 20th day of October , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- , y ORDINANCE N0. 39 Series of 1987 AN ORDINANCE REPEALING AND REENACTING CHAPTER 5.04 ANNUAL BUSINESS LICENSE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council has held numerous public meetings to determine wh,at municipal projects the public wish to have public funds expended upon; and WHEREAS, increased marketing of tourism by the Town was the number one goal of the members of the general public who attended those meetings; and WHEREAS, the Town Council wishes to implement the desires of the inhabitants of the Town of Vail in regard to increased marketing of tourism; and WHEREAS, the Town Council of the Town of Vail believes that it is in the best interests of its citizens to increase expenditures for the purpose of marketing tourism; and ~ WHEREAS, in order to increase such expenditures, the Town believes it is necessary to change the structure of the business license fee to raise additional funds in a fair and equitable manner. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,,that: 1. Chapter 5.04 Annual Business License is hereby repealed and reenacted with amendments to read as follows: 5.04.010 Purpose The purpose of this Chapter shall be to require the licensing and regulation of business activities, occupations and enterprises conducted within the Town of Vail, to provide the Town of Vail with necessary information relating to businesses and professions operating within the Town and to generate and raise additional revenues for the Town of Vail for the purpose of marketing and promoting the Town of Vail and its environs as a year around resort, to promote and market- activities and events beneficial to the economic health of the community. 5.04.030 Definitions For the purposes of this Chapter the following definitions shall apply: A. Business means any business, profession, occupation, or activity engaged in by a person for profit, gain, benefit or advantage which is conducted on premises within the Town. B. Licensee means any person required to obtain an annual business license. C. License year means the calendar year January 1 through December 31. D. Person means any individual, partnership, corporation, firm, estate, trust, association, joint venture, or other entity. E. Premises means any land, structure, lodge, store, office, sales room, warehouse, or other place of business situated within the Town which is owned, leased or occupied by a business. F. Town means the Town of Vail, Colorado. G. Accommodation unit means any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit. H. Dwelling_unit means any room or group of rooms with kitchen facilities designed for or used as an independent housekeeping unit. I. Restaurant means any establishment no matter how named or designated at which food and/or alcoholic beverages is sold for consumption on the premises. J. Home occupation means a business which is conducted entirely within a residence and is clearly incidental and secondary to the use of the residence for dwelling purposes and which is not the primary business of the occupant and is carried on for not more than twenty (20) hours per week. K. Ski company means a business which has as one of its primary sources . of income the operation of ski lifts. L. Athletic club shall mean a business which has as one of its primary sources of income the charging for the use of racquet courts and/or other athletic facilities such as free weights, weight machines, swimming pools, etc. M. Business floor area shall mean the number of square feet located within any "premises" as defined in this section. N. Short term rental means a rental of an accommodation unit or dwelling unit for a term not in excess of thirty consecutive days. ~ 5.04.030 License Required It shall be unlawful for any person to maintain, operate, conduct or engage in any business activity on premises within the Town without having first obtained a business license pursuant to this Chapter. A business license shall be obtained for each place of business within the Town regardless of whether the business conducted therein is a separate business or a branch, division or agency . of a licensed business situated at another location in the Town. -2- . . .b 5.04.040 Fee An annual business license fee shall be paid by every person doing business within the Town in accordance with the following schedule: A. Any person who engages in the short term rental of either accommodation units or dwelling units for consideration to one who uses, possesses or has the right to use or possess such accommodation unit or dwelling unit shall pay a minimum annual fee of four hundred dollars ($400) and in addition shall pay thirty-six dollars and twenty cents ($36.20) for each accommodation unit or dwelling unit in excess of ten units. B. Restaurants shall pay a minimum annual fee of four hundred dollars ($400) and in addition pay sixteen dollars and seven cents ($16.07) for each seat in excess of twenty-five (25) seats. C. Ski companies. Ski companies shall pay an annual fee of fifty-five thousand dollars ($55,000). D. Athletic clubs. 1) Athletic clubs containing more than two thousand nine hundred eighty-five (2,985) square feet of busiriess floor area shall pay a fee of one thousand dollars ($1,000). 2) Athletic clubs with less than two thousand nine hundred eighty- five (2,985) square feet of business floor area shall pay an annual fee of four hundred dollars ($400), and in addition shall pay thirty-one cents ($.31) for each square foot of business floor area up to two thousand nine hundred eighty-five (2,985) square feet of business floor area. E. Home occupations shall pay an annual fee of seventy-five dollars ($75). F. Al1 other businesses shall pay an annual fee of four hundred dollars ($400) and in addition thirty-one cents ($.31) for each square foot of business floor area in excess of one thousand fifty-two (1,052) square feet up to a maximum of thirty thousand (30,000) square feet of business floor area. • G. Any single business other than a ski corporation or athletic club which is a combination of two or more of the categories set forth in this section shall pay an annual license fee which shall be the sum of the fees computed as set forth herein for each category. 5.04.050 Payment of Fee The license fee required hereunder shall be paid as follows: -3- p . , A. Any business in operation prior to January 20 shall have the option of paying the entire fee on or before January 20 or paying in three equal installments on January 20, February 20, and March 20. If a business chooses to pay the fee in three equal installments and misses any monthly installment, it shall cause the whole fee to become due and payable immediately. B. Businesses which are not in operation prior to January 20 shall pay the entire annual fee pro-rated from the date of the commencement of business to December 31 of the license year in its entirety prior to the commencement of business activity. C. All licenses issued pursuant to this Chapter shall expire on December 31 of each year and shall be renewed annually so long as such person continues in business. D. At the time an applicant applies for a business license hereunder he shall advise the Town by affidavit under oath of the following: 1) If the business is the short term rental of accommodation units or dwelling units he shall advise the Town of the number of units he intends to rent for the current year. 2) If the business is the restaurant business, he shall advise the Town of the number of seats in the restaurant for the current year. 3) If the business is a business whose license fee may be computed on the basis of business floor area, he shall advise the Town of the amount of business floor area in the premises. In addition, any business license applicant or licensee shall upon request, provide the Town with information documenting and validating such information provided under oath. 5.04.060 Exemptions Persons exempt from the provisions of this Chapter are as follows: A. Persons who pay an occupation tax or franchise tax to the Town. 6. Employees of the licensee. C. Churches or established religious organizations. D. Non-profit corporations. E. Hospitals. F. Schools. G. Governments including Colorado special districts. H. Persons exempt under Federal or Colorado law. -4- r ' .3 All exempt individuals shall be required to file a notice of exemption in accordance with Section 5.05.020 of this Chapter. 5.04.070 Administration and Enforcement The administration of the annual business license required by this Chapter shall be vested in the Finance Director or his/her designee(s) who is authorized to do the f,ollowing: A. Collect license fees. B. Adopt all forms and prescribe the information to be given therein. C. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Chapter. D. Investigate and determine the eligibility of each applicant for an annual business license. E. Investigate, determine and order the revocation or suspension of an annual business license for violation by the licensee under provision of this Chapter. F. Examine at any time those records of each licensee which the Town determines are necessary to verify and document license requirements provided the contents of such records shall remain confidential and not a part of the public records. 5.04.080 Delinquencies and Penalties A. If the business license fee imposed hereunder is not paid within thirty days from the time it becomes due it shall be deemed delinquent and the Town may assess a delinquency charge in the amount of ten percent (10%) of the license fee due. B. A violation of this Chapter is a misdemeanor. Violation of any provision hereunder shall be punishable by a fine not to exceed four hundred ninety-nine dollars ($499) or imprisonment for a period not to exceed ninety (90) days or both. Each day that such violation exists or continues to exist shall be deemed a separate offense. C. The Town may seek an injunction to restrain a person from engaging in business on premises within the Town who does not obtain an annual business license under this Chapter or whose license is revoked or suspended and this remedy shall be in addition to all other remedies prescribed in this Chapter or available in law or equity. -5- 5.04.090. Attorney's Fees and Costs In the event it is necessary for the Town to take action for the enforcement of this Chapter, there shall be added to any fees due hereunder all reasonable costs and fees incurred by the Town including reasonable attorney's fees. 5.05.010 Revenue Disposition The license fees collected pursuant to this Chapter, shall be special revenues which shall be credited to a special revenue fund of the Town. It shall be used for the payment of reasonable costs incurred in connection with the marketing and promotion of the Town's principal industry, tourism, and for the payment of expenses related to such marketing and promotion, and to promote and market activities and events beneficial to the economic health and vitality of the community. In addition, each year an amount up to three percent (3%) of business fees collected, not to exceed a total amount of_twenty thousand dollars ($20,000), may be utilized for the administration of this Chapter. 5.05.020 Notice of Exemption Any person claiming an exemption from the provisions of this Chapter shall file a notice of exemption with the Finance Director of the Town on or before January 20 of each license year for any business in operation prior to that date, or otherwise file notice prior to the commencement of business activity in each, . year. 5.05.030 Non-Transferable No license issued pursuant to this Chapter shall be transferable. 5.05.040 No Refunds No business license fee shall be refunded on the basis that the business for which the license has been issued has ceased, or because the business has been transferred to new owners. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. -6- • 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -7- 1~ . ORDINANCE N0. 40 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEUELOPMENT,DISTRICT (KNOWN AS SDD N0. 18, GARDEN OF THE GODS CLUB) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, the owner of the Garden of the Gods Club, Mr. A.G. Hill, has submitted an application for special development district approval for certain parcels of property within the Town known as Lot K, Block 5A, Uail Village 5th Filing; and WHEREAS, the establishment of the requested SDD 18 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants and visitors to establish said Special Development District No. 18. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD No. 18. Section 2. Special Development District No. 18 Special Development District No. 18 (SDD No. 18) and the development plan therefore, are hereby approved for the development of the parcel noted above within the Town of Vail. - ~r Section 3. Purpose Special Development District No. 18 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail and to promote the upgrading and redevelopment of a key property in the Town. The development is regarded as complementary to the Town by the Town Council and meets all the design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development District No. 18 which cannot be satisfied through the imposition of standards in a Public Accommodation zone district. SDG No. 18 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. Section 4. Development Plan , A. The development plan for SDD No. 18 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of the following plans by Snowdon and Hopkins Architects and consists of the following documents: Sheet 1. Site and Landscape Plan - Final Revision: November 9, 1987. Sheet 2. First Floor Plan - November 5, 1987. Sheet 3. Second Floor Plan - October 30, 1987. Sheet 4. Third Floor Plan - October 30, 1987. Sheet 5. Fourth Floor Plan - September 23, 1987. Sheet 6. South Elevation = September 23, 1987. Sheet 7. East Elevation - October 6, 1987. Sheet 8. West Elevation - September 23, 1987. Sheet 9. North Elevation - September 23, 1987 B. The development plan shall adhere to the following: Setbacks Setbacks shall be as noted on the site plan listed above. Height Neights of structures shall be as indicated on the elevations listed above, but in no case shall the height exceed 48 feet for a sloping roof or 45 feet for a flat or mansard roof. Coverage Site coverage shall be as indicated on the site plan listed above. , Landscaping The area of the site to be landscaped shall be as indicated on the final landscape plan approved by the Design Review Board and on file in the Community Development Department. Parking Parking shall be provided as indicated on the site plan, but in no case shall the site have the ability to park less than 27 automobiles. Section 5. Density SDD No. 18 shall not contain more than 16 accommodation units, representing 4,596 square feet of Gross Residential Floor Area (GRFA) and 8 dwelling units representing 12,141 square feet of GRFA. The site shall have a maximum density of 13 dwelling units representing a total GRFA of 16,737 square feet. SDD No. 18 shall also contain 2 employee dwe1ling units: one employee dwelling unit shall have a minimum GRFA of 215 square feet and the second employee dwelling unit shall have a minimum of 515 square feet GRFA. The units shall be governed by an agreement between the Town of Uail and the property owner dated 7he units shall be restricted until Section 6. Uses Permitted, conditional, and accessory uses shall be as set forth in the Public Accommodation Zone District while recognizing the property will no longer meet the definition of a lodge as found in Section 18.04.210. Section 7. Use Restrictions Owners' use restrictions per Section 17.26.075 of the Town of Vail Subdivision Regulations shall apply to the 16 accommodation units and the middle dwelling unit on the second floor as indicated on the Second and Third Floor Plans drawn by Snowdon and Hopkins and dated October 30, 1987. The restricted units represent a total GRFA of 5,730 square feet. Section 8. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. „ , Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 10. . The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pame1a A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: , Pamela A. Brandmeyer, Town Clerk ~ TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 9, 1987 SUBJECT: A request to rezone Lot K, Block 5A, Vail Village 5th Filing, the Garden of the Gods Club from Public Accommodation zoning to a Special Development District in order to remodel 16 accommodation units and add 6 dwelling units. Applicant: A.G. Hill, Sr. I. DESCRIPTION OF PROPOSAL . The request is for a special development district to remodel the Garden of the Gods Club by: A. Adding 6 dwelling units having a total GRFA of 9,992 square feet of which 2,628 s.f. is actually new square footage. B. Remodeling 16 existing accommodation units having a total GRFA of 4,596 square feet. C. Expanding the common area by adding two elevators, new ski storage space (270 s.f.) and a larger entry (175 s.f.). D. Expanding mechanical space (240 s.f.). E. Relocating one restricted employee accommodation unit that will be changed to a dwelling unit. The square footage is decreased from 610 square feet to 210 square feet of GRFA. The applicant proposes to restrict all of the 16 accommodation units (4,596 square feet) as well as one dwelling unit (1,134 square feet) per the use restrictions outlined in the Subdivision Regulations 17.26.075 that stipulates "The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public... - An owner's personal use of his or her unit shall be restricted to 28 days during the seasonal period of December 24 to January lst and February lst to March 20th." The project will continue to be run as a lodge in order to provide customary lodge services and facilities for guests. In the future, the owner has indicated his intention to condominiumize the project. II. REASONS FOR THE SDD REQUEST A Special Development District is being requested as opposed to Public Accommodation zoning for the following reasons: A. The proposal does not meet the definition of a lodge. According to the zoning code Section 18.04.210, definition of a lodge: "A lodge means a building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families, either in accommodation units or dwelling units, in which the Gross Residential Floor Area devoted to accommodation units exceeds the Gross Residential Floor Area devoted to dwelling units, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities." In respect to the proposed remodel, 51% of the GRFA will not be devoted to accommodation units. Presently, 53% of the total GRFA is devoted to accommodation units. The proposed plan will allow for 27% of the total GRFA to be allocated to accommodation units. Please see Chart l. B. The proposed plan is .5 du's over the allowable density. 12.5 dwelling units are allowed. 16 a.u.'s and 2 dwelling units exist creating a total density of 10 dwelling units. The proposal calls for 10 accommodation units, 6 accommodation units which serve as lock-offs, and 8 dwelling units for a total density of 13 dwelling units. (Please note: 2 accommodation units = 1 dwelling unit.) C. The proposed common area (4,360 square feet) is over the allowable common area of 3,519 square feet. The project's existing common area (3,575 s.f.) exceeds the allowable by 56.s.f. However, the proposed remodel will remain within the allowable GRFA even with the excess common area added to the GRFA. In respect to all other zoning standards and parking, the project meets the requirements of the Public Accommodation 2 zone district. Please see the attached zoning statistics at the end of the memo for more specific square footage breakdowns. Please see Charts 2 and 3. . III. EVALUATION OF THE PROPOSAL USING SPECIAL DEVELOPMENT DISTRICT CRITERIA A. Buffer Zone The provision of a buffer zone is not applicable to this proposal. B. Circulation System The circulation system on the property will be unchanged. C. Functional open space in terms of: optimum preservation of natural features (includin trees and drainage areas), recreation, views, convenience and function. The property meets the Public Accommodation zone district's landscaping requirements. The expansion on the east side of the building will require that seven existing aspen trees and one large spruce tree be relocated and planted on site. The applicant is proposing to also add a mix of 10 trees (aspen and spruce) at the entry to the lodge. The owner has agreed that if any of the relocated trees (7 aspen and 1 spruce) die, they will be replaced with comparable trees. D. Variety in terms of: housin ty e, densities, facilities and open space. Clearly, the proposal falls short of ineeting the definition of a lodge which would require that more than 50% of the GRFA be devoted to accommodation units. Even though the number of au's remains the same, the average size of the proposed au's is substantially decreased. Existing rooms (au's) range in size from 328 s.f. to 672 s.f. New au's have room sizes of 222 to 355 s.f. Recently, the staff and PEC reviewed the Ramshorn project which also did not meet the strict definition of a lodge. In analyzing this type of request, the staff has taken the position that maintaining rental restricted units for the bed base is a positive one for the community. The intent of the requirement that a majority of the project's square footage be devoted to accommodation units is to maintain the purpose of 3 the Public Accommodation District as a"site for lodges and residential accommodations for visitors." (Section 18.22.110 Purpose section of Public Accommodation district.) Due to the fact that Special Development District zoning is requested, there is some flexibility in how the intent of the Public Accommodation zone district may be maintained without meeting the precise requirement of having a majority of square footage devoted to accommodation units. If the project is viewed in terms of available, rentable units, or "keys," i.e. au's or du's that are available for rent, the project has 24 units or "keys" available for guests. This number of "keys" is based on the fact that 16 accommodation units and 8 dwelling units are available as potential rental units for guests. Of the 24 rentable units, 17 are proposed to , have the use restriction per the subdivision regulations in Section 17.26.075. In other words, 70% of rentable units or keys will have the rental restriction. It is staff's opinion that the number of keys available for guests is also important in maintaining the intent of the PA zone district for lodging. This is not to say that having a majority of the GRFA devoted to au's is also not an important criteria for insuring the'short term use of a property. However, it should be pointed out that technically the owner could reduce the number of accommodation units within the project and increase the GRFA of each of these units. This approach would technically meet the definition of a lodge but would mean that the number of rentable units available to guests is decreased. Staff believes the proposal is positive in that the au's are upgraded and will be maintained as au's with the rental restriction. In addition, the applicant has agreed to restrict one dwelling unit with the rental use restriction which is not required under the lodge conversion regulations. (Please note that when a lodge is condominiumized, the rental restriction only applies to au's.) In respect to the additional density of .5 units, which is not allowed by the PA zoning, it is the staff's opinion that the proposal does not present any significant negative impacts in the area of mass and bulk. The proposed remodel will also have a total GRFA that is within the allowable under the PA zone district. 4 The owner has also agreed to rental use restrictions for 1 du due to the density request. This complies with the intent of the Vail Village Plan even though no specific recommendation is called out for this site. Goal 2, Objective 3 of the Vail Village Plan reads: ' To increase the number of residential units throughout the Village area available for short- term overnight accommodations. The development of accommodation units are strongly encouraged. Any residential units that are developed above existing density levels shall be designed or managed in a manner that makes them available for short-term rental. '(Please note the Vail Village Plan is not officially approved.) The applicant has also agreed to change an existing employee restricted accommodation unit to an employee restricted dwelling unit. Staff's opinion is that a dwelling unit will be much more beneficial as employee housing as opposed to an accommodation unit. E. Privacy in terms of the needs of individuals, families and neighbors. The staff sees no negative impacts upon this criteria. F. Pedestrian traffic in terms of safety, separation, convenience, access to points of destination, and attractiveness. The staff sees no negative impacts upon this criteria. G. Building type in terms of a ropriateness to density, site relationship and bulk. The project meets all of the setback, site coverage, and height requirements per the Public Accommodation zone district. Staff feels that there are no negative impacts on mass and bulk. H. Building design in terms of orientation, spacing, materials, color and texture, stora e, si ns, lighting, and solar blocka e. Staff's opinion is that the exterior of the Garden of the Gods Club will be improved greatly by this proposal. 5 With regard to solar blockage, the applicant is well within the height limits for the PA zone district which are 45 feet for a flat roof and 48 feet for a sloping roof. The existing building is 42 feet high. The proposed additional space is located on the east elevation and is 34 feet high. The proposal also includes additional landscaping which will be an improvement to the property. IV. ZONING CONSIDERATIONS RELATIVE TO THIS PROPOSAL A. Uses The property will not meet the strict definition of a lodge upon completion of the remodel. However, with 70% of the keys or rentable units being rental restricted and available for tourist use, the intent of the Public Accommodation zone district as a site for residential accommodations for guests is maintained. The proposal is also positive in that one employee restricted au is changed to a more useable du. The additional common area also provides square footage which improves the functioning of the project as a lodge. B. Density The proposal does have a total density of 13 dwelling units which is .5 du's over the allowable density of 12.5 du's. As previously stated, staff's opinion is that the additional bulk and mass of the building is acceptable and all other zoning standards, particularly the Public Accommodation GRFA require- ment have been met. The staff and PEC have also reviewed similar requests like the Christiania and Ramshorn where proposed additional density had to comply with the rental use restrictions. C. Setbacks The proposed remodel will not encroach into any setbacks further than the existing building. _ D. Height The height proposed in the addition is a maximum of + 34 feet, whereas, the maximum allowed is 48 feet. E. Site Coverage The site coverage is within the allowable. Allowed: 9,677 square feet. Existing: 6,363 square feet. Proposed 6,831 square feet. 6 F. Landscaping The proposal does require the relocation of 7 existing aspen and 1 spruce. The applicant is proposing to add additional landscaping and replant the existing trees that must be relocated for the addition. G. Parking Parking requirements are met for the proposal. The proposal requires 27 spaces and 28 spaces are proposed. V. STAFF RECOMMENDATION The staff recommends approval of the proposal. Basically, our position is very similar to our recommedation on the Ramshorn project. As stated previously, "although the inability of the end product to meet the strict defintion of a lodge is not what we would ideally like to see, we feel that the property will continue to function as a lodge and meet the intent of providing high quality tourist accommodations in the PA zone district." The staff believes that it is critical that the property remain as a functioning lodge and that the 16 au's and 1 du be made available to the tourist bed base as per the owners' use restrictions outlined in the subdivision regulations. Staff approval is contingent upon the applicant meeting the following conditions: 1. The applicant shall provide written, legal, documentation of the Garden of the Gods' right to use the parking spaces on the east side of Vail Valley Drive on a parcel called P-2. The applicant has submitted documentation of the Garden of the Gods' participation as a member of the P-2 Condominium Association. However, staff must have written documentation as well as an attached map to scale showing the area of the P-2 parcel which is allocated to the Garden of the Gods. This agreement must also be approved by the other members of the P-2 Condominium Association. This document must be submitted and approved by the staff before the project proceeds to second reading of the ordinance. 2. The applicant must submit a revised employee housing agreement with a floor plan that clearly indicates the location, type of unit, and square footage of the employee housing units. This information must be submitted and approved by the owner and Town of Vail before second reading of the ordinance. - 7 3. The applicant shall submit a written statement agreeing to restrict per the Subdivision Rental Restriction, Section 17.26.075, 6 lock-off accommodation units, 10 free-standing accommodation units and 1 dwelling unit as indicated on the PEC plans. This written agreement shall be submitted and approved by staff before the second reading of the SDD ordinance. ,8 CHART 1. EXISTING PROPOSED AU's 16 au's 7,742 sf 10 au's + 6 au/lock-offs 16 au's = 4596 DU's 2 du's 6,745 sf 8 du's = 12,141 sf RESTRICTED EMPLOYEE UNITS 1 au 610 sf 1 du 215 sf 1 du 515 sf 1 du 515 sf TOTAL 14,543 sf (3,051 under 17,578 sf (16 under GRFA allowed GRFA) allowed GRFA) (Allowed GRFA = 17,594 sf) TOTAL DENSITY 10 du's 13 du's (allowed 12.5) (2.5 under allowable) (.5 units over allowable) COMMON LOBBY/ 3575 4360 LOUNGE % OF TOTAL 53% 270 GRFA IN AU's o OF TOTAL 47% 73% GRFA IN DU's o OF TOTAL 0 16 AU's, 4596 GRFA RENTAL 1 DU 1134 RESTRICTED = 5730 sf or 34% TOTAL KEYS 18 24 % OF KEYS RESTRICTED 0 70% or 17 keys 1. Restricted employee units are not included in Density or GRFA calculations. 2. Keys are defined as rentable units, both du's and au's 9 . CHART 2 Zoning Statistics: Public Accommodation Zone District Site Area: .5049 acres or 21,993 sf ALLOWED EXISTING PROPOSED GRFA (.80) 17,594 sf 14,487 sf 16,737 sf + 56 common + 841 co 14,543 sf 17,578 sf DENSITY 12.5 du's 16 au's 10 au's (25 du's/acre) 2 du's 6 au lock-off 8 du = 8 du 10 total du's 13 total du's COMMON (.20) 3,519 sf 3,575 sf 4,360 sf HEIGHT 45' flat 42' slope 42' - proposed 48' slope area of expansion is approximately 34' SITE COVERAGE (.55) 9,677 sf 6,363 sf 6,831 sf LANDSCAPING (.30) 5,278 sf OK OK SETBACKS 20 ft East 20' Same West .2' (19.8 encroachment) as North 1.4' (19.6 encroachment) Existin South 9' (11' encroachment) PARKING 22 required 27 required SPACES 28 existing 28 proposed (Standard parking requirements applied, _ no parking required for 1 lock-off per new du.) 10 CHART 3 EXISTING EMPLOYEE HOUSING RESTRICTED FLOORS #AU/GRFA #DU/GRFA TOTAL GRFA UNITS COMM. MECH 1ST 1 au 1 du 2,554 sf 1 du 2013 222 204 sf 2,350 sf 515 sf + bar 722 2735 sf 2ND 7 au 3,260 sf 0 3,260 sf 1 au 0 610 sf 420 sf 3RD 8 au 4,278 sf 0 4,278 0 420 sf 0 4TH 0 1 du 4,395 sf 4,395 sf 0 0 0 TOTAL 16 au 2 du 14,487 sf 7,742 sf 6,745 sf 1,125 sf 3,575 sf 2 PROPOSED: EMPLOYEE RESTRICTED FLOOR AU GRFA DU GRFA TOTAL UNITS COMM. MECH 15T 0 1 du 1 du 210 2458 441 2350 2350 1 du 570 + bar 722 3180 sf 2ND 8 au 3 du 4996 0 590 0 2298 sf 2698 sf 3RD 8 au 3 du 4996 0 590 0 2298 2698 4TH 1 du 0 4395 4395 0 0 0 TOTALS: 16 au 8 du 16,737 2 du 4360 44 4596 12,141 780 sf 11 PROJECT NAME RANGE OF ROOM SIZES Garden of the Gods Existing: 328 to 672 sf Proposed: 222 to 355 sf Westin/Cascade Villaqe Plaza I 19 au's - 293-355 sf 2. au's -~.459; 1 au - 423 sf : = Terrace Wing: 397-642 sf Westin 150 at 425 sf Christiania 190, 268, 282, 305 sf Doubletree 377 sf/au Ramshorn 22 au = 7,529 GRFA approx. 342 sf/au Vail Athletic Club 364 to 522 sf Gashof Gramshammer 1 au, 290 sf 300 - 350 sf majority of units . 1 at 508 sf 1 at 613 sf Plaza Lodqe 380 sf - 267 sf , 396 sf . 285 sf 361 sf Holiday Inn 288 sf Sonnenalp 318 sf 297 sf 315 sf 12 _ - - - - - ~•.=-~~„~ar:~aa~• i~.cm , `.rrwrr ~ ..~er.~ ` .~.s~.~s.;.~.. - - • _ . . ItloV 198I CITY OF GOLDEN OFFICE OF CITY CLERK ldovember 9, 1987 Charles R. Wick Director of Aclministrative Services Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Nomination for City Clerk of Year Award This letter is written to formally acknowl_edge your nomination of Pamela T3randmeyer for the above award. There were several very exceptional nominations received this year. Pam was not chosen as Clerk of the Year, however, she most certainly deserves recoqnition for her eff_orts on behalf of the Town of Vail. Announcemant of these awards are not made public until the business meeting at the Colorado City Clerk's Annual Conference. This year it will be on November 13 in Glenwood Springs. Recognition will be given to Pam at that time as well as a trip will be made to the Town of Vail for a presentation to be made at one of your counci]_ meetings. An officer of CCCA will be contacting you in the near future to arrange for this presentation. Thank you for this nomination and for bringing to our attention the hiqh respect which you hold for a member of our organization. 4+1e would encourage your consideration for submission of her name again in the future for Clerk o.f_ the Year. Sha_~L~. ,~-Bd1 ~rY,tts? CitY Clerk CCCA Awards Chairman 911 TENTH STREET, GOLDEN, COLORADO 80401 (303) 279-3331 ; VAIL RESORT ASSOCIATION BUSINESS AFTER HOURS MIXER You are cordially invited to attend thie VRA's After Hours Mixer. This month's mixer will be hosted by: Resort Industries , Communications, B. Quayle Productions, and Heritage Cable. ~ , Date: Wednesday, November 18, 1987 Time: 5:30 p.m. to 7:30 p.m. Location: Concert Hall Plaza ~ 616 W. Lionshead Mall i Directly under Lionshead Bar & Grill ' Come kick off the season with the all new Business After ~ Hours, there will be great door prizes and hors d'oeuvres. ~ Come alone or bring a non-VRA friend, but make sure to join ; us for an evening of fun. ~ VAIL RESORT ASSOCIATION, 241 E. Meadow Drive, Vail, Colorado 81657 ~ REC'D NOV 1 1 1987 Va i I /Avo n Reception and Media Briefing Westin Hotel in Vail Lobby Terrace Room " Tuesday, November 24, 1987 6:00 p. m. to 8:00 p. m. Program 6:30 p.m. Host: Sol Trujillo Mountain Bell Colorado Vice President and Chief Executive Officer Refreshments ~ R.S.V.P. Sue Palmer 244-4280 connie knight REC'D NOV 16 1987 385 east gore creek drive • box 1307 • voil, colorado 81658 • 303/476-3615 November 13, 1987 The Honorable Paul Johnston Town of Vail Council Members Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Paul and Council Members: As I will be out of town for next Tuesday's meeting, will you please read this letter at the meeting and enter it into the minutes? 1. It is my understanding after talking to Jody Caruthers, Eagle County tax assessor, that Vail's tax collection will increase from $1,508 million to $1,722,958 because of the reassessment this year, without any increased mill levy. 2. To request an additional 2.35 mills for street repairs is grossly unfair. 3. At a cost of $7,000, you paved and painted lines for campers and buses at the Blue Cow Chute parking lot. More funds were spent last spring to hammer out and paint the guard rails. 4. Yet the enormous potholes on Forest road, where property owners already are paying exorbitant taxes, were left for more than six months---only to be patched within the past few weeks. 5. How can you propose a$16 million Congress Hall and a$6 million swimming pool, when we don't have enough money for the basics, like pa.Ving the streets? 6. Let's forget the gingerbread. Give us the necessities. 7. Special improvement districts are not the answer; nor is tabling it until after the elections. 8. We, taxpayers are stretched thin. Enough already! Sincerely yours, Connie Knight TOWN OF VAIL SUMMARY MARKETING OF VAIL Proposed Business License Assessments MARKETING OF VAIL -Monies raised via annual business license fees for the sole purpose of marketing tourism for Vail. -Total Annual monies to be raised: Approximately $568,000. Plus V.A.'s $55,000 Voluntary Contribution = $623,000. PROPOSED FUNDING PLAN (Definitions of Business Categories are in Ordinance 39, 1987) -Restaurant and Lounge: Minimum fee of $400 plus $16.07 per seat in excess of 25 seats. -Lodge and Rental Companies: Minimum fee of $400 plus $36.20 per short term unit in excess of ten units. -Ski Companies: Annual fee of $55,000 -Athletic Clubs: Minimum fee of $400 plus $0.31 per square foot of business floor area in excess of 1,052 square feet up to a maximum fee of $1,000. -Home Occupation: Annual fee of $75.00 -All Other Businesses: Minimum fee of $400 plus $0.31 for each square foot of business floor area in excess of 1,052 square feet up to a maximum of 301000 square feet. PROPOSED PAYMENT OF FEE -Payable in three equal installments on or before January 20, February 20 and March 20. PROPOSED BUSINESS LICENSE ASSESSMENTS NOVEMBER 16, 1987 PAGE 2 PROPOSAL FACTS -The Town will prepare a request for proposal and subsequently award a marketing contract. -All Town of Vail businesses will be participating in Vail's tourism marketing. -An approximate 500% increase in the amount of money being spent on marketing than is now being spent by VRA. -The average cost per business for marketing is lower with all businesses participating than when all businesses are not participating. -The business license assessments can be accurately documented and validated and will be relatively easy to " administer and report. -The Town is committing its present business license revenues toward this program. (Net Town contributions approximately $44,000) -VRA has stated that VRA dues, as they are currently established, will be significantly lowered. -All businesses within each class are treated in the same manner which is a legal requirement of equal protection. PROPOSAL CONS -Some, perhaps many, Vail businesses do not want to mandatorily participate in a marketing program for Vail. -The results/benefits of a marketing program cannot be verified prior to the dollars being raised and spent. -Businesses which do not now pay dues to VRA will incur increased overhead. -The business license fee is not structured as an assessment of benefits to be received. Although it is a legal requirement of equal protection to treat business classes in the same manner, some businesses within a class may not benefit from the license assessment as greatly as other businesses within the class. REC'D NOV 1 3 1987 Von nreele Inc. D(3A f3i I I f3ul lock's oF Vai I 2161 North kontage Road . Vail, Colorado 81657 .(303) 476-4950 'Ibwn Ooimcil RE : Ordinance # 39 After reviewinq above menti.oned ordinance, several areas of ooncern have come to mind. Specifically the structure of the business lioense fee to raise additional f.unds in a.f.air and eq- uitable manner. Past expiereinces have shawn West Vail merchants no oonsideration in many promotional activities such as Coors Bicycle Race, Fbrth of July parade in addition to inconplete public transportation. Promotional activities have centered around the villaqe. Is the structure of the proposed business license fee f.air and equitable to west Vail Merchants? Owning two locations one in Crossroads Shopninq center and a location in West Vail affords me the opportunit,y for oomparison. A village location produces double the wltune t?er square foot as my West Vail location. Business activity is much stronger in the vi.llage, than the West Vail area. In summary,deficincies in public transnortation, promtional activities, tourism makes me believe the minuTium annual fee be reduced f.rom $400.00 to$200.00 and square footage $.31 to$.15 for each square foot of selling area. The ntucher one goal of increased marketing of tourism by the tcxwn, council is and excellent idea. I'm behind it 100% if it is as fair and beneficial tA West Vail mercliants as well as Village merchants. . Thank you for your time and consideration. Sincerelv , . - - - fthVorLle D3A Bill Bullocks of Vail lowo, of 75 south irontage road ofiice of the town manager vail, colorado 81657 (303) 476-7000 November 16, 1987 Dr. Jack Eck Vail Valley Medical Center 181 West Meadow Drive Vail, Colorado 81657 Dear Dr. Eck: In our telephone conversation of the other day, you asked me why the Town did not designate you as a primary care physician for Worker's Compensation claim purposes. Section 8-51-110 (5)(a) of the Colorado Statutes provides that "In all cases of injury, the employer or insurer has the right in the first instance to select the physician who attends [an] injured employee." It was the opinion of the Town's Worker's Compensation insurance carrier and the personnel staff that, considering the type of work- , related illnesses and injuries employees of the Town were likely to encounter, it made sense to designate family practitioners or orthopedic specialists as primary care physicians. The fact the Town's insurance carrier and the staff did not designate you as a primary care physician does not prohibit you from seeing Town employees on a referral basis. Should a physician who attends an injured employee in the first instance believe that a case is appropriate for the services of an internist, he may certainly refer the employee to you. Sincerely, Rondall V. Phillips Town Manager RUP/LAE/bsc NORTHWEST COLORADO REC'u N 0 V 1 6 1987 K~Ccc COUNCIL OF GOVERNMENTS 409 Main Street, Suite 2C9 * Post Gifice Box 739 * Fnsco, Colcrcdo 80443 ~ Fnsco 303 ~~8-5445 Cenver Direct 303 5~73-7611 MEMORANDUM PLEASE DISTRIBUTE TO ELSCTED OFFICIALS To: County and Town Managers From: Linda Cifor and.:Barbara Green Re: Interim Water Committee Bills Date: Nov?mber 3, 1987 At the most recent NWCCOG Board of Directors meeting, Representative Danny Williams pres?nted information on the follawing Bills coming out of the Interim GammitteP on Water Quality and Water RPSources: - 1. AIITHORIZATION FOR THE STATE TO PARTICIPATE IN THE WATER POLLUTION CONTROL REVOLVING F(JND CREATED BY THE FEDERAL "WATER QUALITY ACT OF 1987" BY PROVIDING FOR THE CREATION OF A WATER POLLIITION CONTROL REVOLVING Fi)ND, AND RELATING TO THE ADHINISTRATION THEREOF. "Declares that the construction, rehabilitation, operation, and maintenance of modern and efficient wastewater treatment facilities and other pollution control projects are essential to protecting and improving the water resourc?s of the statP. States that the Water Quality Act of 1987 requires increased state and local participation in thQ financing of such projects. Specifies that the division of local government in the department of local affairs, the division of atiministration in the deparr_ment of health, and the Colarado water resources and pawer developm?nt authority have the combined exp?rtise necessary to allow the state to effectively and efficiently serve the wastewater treatment needs of the state. "Creates the water pollution control revolving fund in the authority for purposes of participating in such act. Authorizes the authority to issue bonds for the purpose of providing state matching funds for the federal pragram. Requires the water quality control commission to develop a project eligibility list for wastewater treatment systems and other projects authorized under such act. States that Eagle Counfr.Avon, Basdt, Eagle, Gypsum, Minlum, Red Cliff, Vail, * Grand Counly:Fraser, Grank7y, Grand Lake, Hot Sulphur Springs, Kremmling, WinterPcrk, *Jaclcson Counly:Walden, * pitkin CounlyASpen, Snowmass Vilage, * Routt Counly:Hayden, CXak Geek, Steamboat Spnngs, Yampa, * Summit County:Blue RKner, &eckenridge, Dilion, Fnsco, Montezurno, Sii&rfhcrre. . ' • h' - ' ' y th? proj?ct eligibilir_y list shall be apprnved by joint r?solution sign?d by the governar. Provides that no project may be finanr_ed unless it has been approved in suc.h a joint resolution. SnQC1f1PS that the authority has the sole - discrer_ion in proceeding forward with the financing vf any project on the eligibility list. States that before any loan to a govPrnmental agency may be made the projPCt must be approved by the division of administration in the department of health pursuant to applicable provisians of the 'Colorado Wat?r Ql_xality Control Act' and the financial laan package must bP approv?d by the division of local gavernment in t.he deparrment of local affairs." 2. AMENDMENTS TO THE "COLORADO WATER Qi1ALITY CONTROL ACT". "D?creases the amount of time within which notice must be given for a hearing to promulgate any water quality standard ar any control regulation. Limits the period of time within which a person who is suspected of violating any p?rmit or control r?gulation may reC1uP_.gt a sample of water ar water pollutants. Decreases the length of time for puhlic comment on a permit application. Clarifies that the division nf administration of thP d?partment of health may not grant a variance from permit limitations based on adopted wat?r quality standards. Authorizes crimin_a.l penalties for pretreatment violationG." 3. WATER Qt?ALITY CONTROL PERMITS SYSTEM FEES. "Changps the authorized annual fee for discharge permits and eliminates agricultural facilities from the fee system. AddG new categories and modifies subcategories." 4. AMENDMENTS TO THE "COLORADO CHEMIGATION ACT", AND RELATINC TO THE DEFINITIONS OF "CHEMICATION" AND "IRRIGATION", AN INCREASE IN THE PERMIT AND INSPECTION FEES, AND THE PENALTIES PROVIDED FOR VIOLATIONS OF THE ACT. "Deletes from the definition af 'ch?migation' language which limited the application of the 'Colorado Chemigation Act' to we11G which are greater than twa inches in diameter and have b??n issued a well permit by the state engineer. Enlarg?s the d?finitian of 'irrigation' to include any devicP or comhinatian of devic?s having a hose, pipe, or other conduit whir.h connects directly to any source of ground water or surface water. Inc.reases the fees for permits and imposes a limit on ths fee for an insp?ction. Changes the penalty for violating the provisions of the act from a class 5 felony r_o a misdemeanor." _ . _ t - . 5. AN APPROPRIATION TO THE DEPARTMENT OF NATTIRAL RESOT)RCES FOR ALLOCATION TO THE.STATE ENGINEER. "Makes an appropriation to the department of natural resources for allocation to the state engin??r for purpos?s of adminisr_ering the state's water compacts." 6. THE CREATION OF THE CHERRY CREEK BASIN WATER Q[1ALITY ATJTHORITY. "Creates the Cherry Creek basin water quality authority for the purpose of maintaining the wat?r quality in Cherry rreek reservoir. Enumerates powers and dut1PS of the al_ithority, including the power to 1851_1e bonds and to levy special ass?ssm?nt.s. Def ines the hoi.indaries of the authority. " : 7. PROJECTS FiJNDED BY THE COL4RAD0 WATER CONSERVATION BOARD CONSTRiJCTION Fi)ND, ANP RELATING TO THE ACTIVITIES OF THE COLORADO WATER CONSERVATION BOARD IN CONNErTION THEREWITH. "Approves water resources projects for financial assistance loans out af the Colorado watPr conservation . board construction fund." If you would like a copy of any of these Bills, please call Cindy Fisk (668-5445). LC - . . ~ . . - ~ . .