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HomeMy WebLinkAbout1988-09-20 Support Documentation Town Council Regular Session~e_ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 20, 1988 7:30 p.m. AGENDA 1. Consent Agenda A. Ordinance No. 26, Series of 1988, second reading, an ordinance repealing and reenacting Section 5.20.100 B. of the Municipal Code of the Town of Vail expanding the types of events which may obtain a special events exemption from the transient dealer's license; and setting forth details in regard thereto. B. Ordinance No. 27, Series of 1988, second reading, an ordinance annexing a portion of an area generally known as the Ulbrich property; and setting forth details in regard thereto. 2. Ordinance No. 28, Series of 1988, first reading, an ordinance amending Section 18.39.030 of the Municipal Code of the Town of Vail by the addition of a new paragraph D setting forth uses which shall be permitted outside the main building in the ski-base recreation zone district and setting forth details in regard thereto. 3. Ordinance No. 29, Series of 1988, emergency reading, an emergency ordinance approving the general planning document for the World Alpine Ski Championships, and setting forth a special review process to allow for staff approvals for temporary signage, structures, street decor, and other temporary improvements for the World Alpine Ski Championships of 1989. 4. Resolution No. 37, Series of 1988, a resolution honoring Maya Walker for her excellent performance in the Miss America Pageant and for her outstanding achievement of attaining First Runner Up to Miss America. 5. Chester Appeal of Planning and Environmental Commission Decision to Uphold the Staff Interpretation that a Residence may not be Demolished and Rebuilt to Utilize an Additional 250 sq. ft. as described in Chapter 18.71 of the Municipal Code (Lot 19, Block 1, Vail Village First Filing, 395 Mill Creek Circle) Applicant: Mr. E. B. Chester 6. Restriction for Parking Passes and Coupons during World Alpine Ski Championships CITIZEN PARTICIPATION 7. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 20, 1988 7:30 p.m. EXPANDED AGENDA 7:30 1. Consent Agenda Larry Eskwith A. Ordinance No. 26, Series of 1988, second reading, regarding special events exemption from the transient dealer's license Action Requested of Council: Approve/deny Ordinance No. 26, Series of 1988, on second reading. Background Rationale: This amendment will allow events such as Ride the Rockies or the Coors Classic to simplify the process of obtaining a transient vendors license for vendors who wish to sell goods or services related to the event. Staff Recommendation: Approve Ordinance No. 26, Series of 1988, on second reading. Larry Eskwith B. Ordinance No. 27, Series of 1988, second reading, an ordinance annexing a portion of an area generally known as the Ulbrich property Action Requested of Council: Approve/deny Ordinance No. 27, Series of 1988, on second reading. Background Rationale: This ordinance effects the annexation of the Ulbrich property in West Vail. Staff Recommendation: Approve Ordinance No. 27, Series of 1988, on second reading. 7:45 2. Ordinance No. 28, Series of 1988, first reading, regarding Larry Eskwith the Ski-Base Recreation Zone District Action Requested of Council: Approve/deny Ordinance No. 28, Series of 1988, on first reading. Background Rationale: This is a housekeeping ordinance adding a section onto the Ski-Base Zone District which was inadvertently omitted when a prior amendment was drafted. Staff Recommendation: Approve Ordinance No. 28, Series of 1988, on first reading. 8:00 3. Ordinance No. 29, Series of 1988, emergency reading, to Kristan Pritz approve the World Alpine Ski Championships planning report Larry Eskwith and special review process for temporary improvements for the event Action Requested of Council: Rpprove/deny Ordinance No. 29, Series of 1988, on emergency reading. Background Rationale: In order to facilitate preparation for the World Alpine Ski Championships, a special review process that would allow the Foundation to work primarily with the Town staff to approve temporary improvements for the event is being proposed. The Foundation has also prepared a general report that outlines how different aspects of the Championships will be handled. The PEC reviewed the two proposals on September 12th and recommended approval of the request 6-0. Staff Recommendation: Approve Ordinance No. 29, Series of 1988, on emergency reading. 8:15 4. Resolution No. 37, Series of 1988, congratulating Miss Ron Phillips Colorado for becoming First Runner Up in the Miss America Pageant Action Requested of Council: Approve/deny Resolution No. 37, Series of 1988. Background Rationale: Maya Walker became First Runner Up at the Miss America Pageant Saturday, September 10. This resolution is to show our appreciation and support for her endeavor. Staff Recommendation: Approve Resolution No. 37, Series of 1988. 8:20 5. Chester Appeal of Planning and Environmental Commission Peter Patten Decision to uphold the staff interpretation that a residence may not be demolished and rebuilt to utilize an additional 250 sq. ft. as described in Chapter 18.71 of the Municipal Code (Lot 19, Block 1, Vail Village First Filing, 395 Mill Creek Circle) Applicant: Mr. E. B. Chester Action Requested of Council: Uphold, deny or modify the PEC decision. Background Rationale: Mr. Chester has applied for an additional 250 sq. ft. under Chapter 18.71 of the Code to utilize in the construction of a new structure on a lot with an existing structure. The proposal is to demolish the existing and rebuild a new residence. The application was denied by staff, appealed to PEC, denied by PEC unanimously and appealed to Council. Staff Recommendation: Deny the Chester request. 9:00 6. Restriction for Parking Passes and Coupons during World Ron Phillips Alpine Ski Championships Action Requested of Council: Approve/modify/deny the proposed restrictions. Background Rationale: There is a memo to Council enclosed which explains the additional restrictions we would like to propose during the World Alpine Ski Championships in 1989 on parking coupons and blue passes. Staff Recommendation: Approve the proposal. CITIZEN PARTICIPATION 9:30 7. Adjournment -2- ORDINANCE N0. 26 Series of 1988 AN ORDINANCE REPEALING AND REENACTING SECTION 5.20.100 B. OF THE MUNICIPAL CODE OF THE TOWN OF VAIL EXPANDING THE TYPES OF EVENTS WHICH MAY OBTAIN A SPECIAL EVENTS EXEMPTION FROM THE TRANSIENT DEALER'S LICENSE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to expedite the transient dealers license process for various kinds of community events. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 5.20.100 B. is hereby repealed and reenacted to read as follows: 5.20.100 B. Any fair, show or exhibition of arts, crafts or similar handiwork, any sports event, educational or recreational event or cultural activity may apply to the Town Council for a special events license. Said application shall include the name and local address of the sponsor, proposed duration, number of exhibitionists or merchants taking part in the event, purpose of the event, goods or types of goods to be sold, and a statement as to whether or .not the applicant or its agents have ever been convicted of any crime or misdemeanor and the nature thereof. (1) At the time of the filing of the application a fee of fifty dollars ($50.00) shall be paid to the Town Clerk to cover the cost of investigating the facts stated therein. (2) The Town Council may impose conditions on the approval of the special events license including required sanitation and clean up measures, security measures, bond to guarantee performance of any condition or to secure the payment of the sales tax due the Town. Upon issuance of a special events license, individual vendors listed on the application will not be required to obtain transient vendors licenses. 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. 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 Uail 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 6th day of September , 1988, and a public hearing shall be held on this Ordinance on the 6th day of September 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of September 1988• Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- ORDINANCE N0. 27 .Series of 1988 AN ORDINANCE ANNEXING A PORTION OF AN AREA GENERALLY KNOWN AS THE ULBRICH PROPERTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on the basis of competent evidence presented in a public hearing on the petition. for annexation of the territory more particular'iy described in Exhibit A attached hereto and made a part hereof by reference, the Town Council made certain findings a fact and concluded that: A. The requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., as amended, have been met, and B. No election for the annexation of said territory is required under Section 31-12-107 (2), and C. That no additional terms and conditions are to be imposed upon said territory; and WHEREAS, the Town Council now wishes to annex said territory by ordinance in accordance with Section 31-12-111, C.R.S., as amended. NOW THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, as follows: Section 1. The territory set forth in Exhibit A attached hereto and made a part hereof by reference is hereby annexed to the Town of Vail, Colorado without special terms or conditions. Section 2. A. A copy of the annexation map with the original of this annexation ordinance shall be filed in the office of the Town Clerk of the Town of Vail. B. The Town Clerk shall file for recording two (2) certified copies of this annexation ordinance and map of the area annexed containing a legal description of such area with the County Clerk and Recorder of Eagle County, Colorado. C. The County Clerk and Recorder of Eagle County shall be directed to file one (1) certified copy of the annexation ordinance and map with the Division of Local Government of the Department of Local Affairs. Section 3. Within ninety (90) days after the effective date hereof, the Town of Vail, Colorado shall impose zoning on the annexed area in accordance with Chapter 18.68 of the Municipal Code of the Town of Vail, Colorado. Section 4. This annexation shall take effect in accordance with the Charter of the Town of Vail and the statutes of the State of Colorado. INTRODUCED, READ AND .APPROVED ON FIRST READING this 6th day of September , 1988, and a public hearing shall be held on this ordinance on the 6th day of September 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of September 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -Z- EXHIBIT A Lots 16 and 19, Section 14, Township 5 South, Range 81 West of the Sixth Principal Meridian according to the Dependent Resurvey and Survey of said .Section as approved by the United States Department of the Interior, Bureau of Land Management, in Washington, D.C. on September 29, 1975. ORDINANCE N0. 28 Series of 1988 AN ORDINANCE AMENDING SECTION 18.39.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF A NEW PARAGRAPH D SETTING FORTH USES WHICH SHALL BE PERMITTED OUTSIDE THE MAIN BUILDING IN THE SKI-BASE RECREATION ZONE DISTRICT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in a previous amendment to the ski-base recreation zone district certain uses were inadvertently excluded from the zone district and WHEREAS, the Town Council now wishes to add said permitted uses to the ski-base recreation district. NOW THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 18.39.030 Permitted Uses is hereby amended by the addition of Paragraph E to read as follows: E. The following uses shall be permitted outside the main building as shown on the approved development plan. 1. Ski Trails, Slopes and Lifts 2. Snowmaking Facilities 3. Bus-and Skier Dropoff 4. Surface Parking Lot 5. Ski Racing Facilities 6. Park, Tennis and Volleyball Courts and Playing Fields 7. Water Treatment and Storage Facilities 8. Mountain Storage Buildings 9. Ski School Activities 10. Special Community Events 11. Food and Beverage Service TNTRODUCED, READ AND APPROVED ON FIRST READING this day of 1988, and a public hearing shall be held on this ordinance on the _ day of 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of . 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF 1988• Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- TO: Town Council FROM: Department of Community Development DATE: September 20, 1988 SUBJ: A request for an emergency ordinance to approve the 1989 World Alpine Ski Championships Planning Report and a special review process to allow staff approvals for temporary signage, structures, street decor and other temporary improvements for the event. APPLICANT: Vail Valley Foundation, Mr. Bob Krohn I. REQUEST The Vail Valley Foundation request includes two components. A. Approval of the general planning document for the World Al ine Ski Championshi s; The Vail Valley Foundation has prepared a document (please see attached report) which outlines the current plans for the World Ski Championships. The document addresses all the temporary improvements necessary for the event. These temporary improvements include: 1) flags and banners 2) structures 3) lighting 4) snow and ice sculptures 5) entertainment and hospitality 6) parades 7) opening and awards ceremonies 8) race finish stadium 9) food, trade, and festival centers 10) media 11) signage 12) transportation The Foundation is requesting that the Planning Commission and Town Council approve the planning document. B. Special review process• In order to facilitate the construction of the temporary improvements which are necessary for the World Alpine Ski Championships, the Foundation is requesting that a special review process be adopted I for this two-week event. The special process would allow staff to approve temporary signage, structures, street decor and other temporary improvements for the Championships. The review process would require that the Vail Valley Foundation work closely on an ongoing basis with the Town of Vail staff to implement the general planning document. The detailed planning for each aspect of the championships such as flags and banners or transportation would be coordinated at the staff level. This means that the standard review processes that the Town has for zoning, design review and sign review would be suspended. However, codes related to life, health, and safety issues would be in effect. The Foundation would be required to get regular inspections and permits for any construction. If the Vail Valley Foundation and staff disagree on how to solve an issue, the Town Manager would be asked to make a decision on the issue. If the Town Manager deems necessary, the issue may be presented to the Council for their review. The Vail Valley Foundation has also agreed to update the Town Council on the planning process for the World Alpine Ski Championships on a monthly basis. This update would be handled at a regularly scheduled Town Council work session. II. APPROVAL PROCESS A. This request is being handled through the emergency ordinance review process due to the short time left for building construction. First, the proposal is presented to the Planning Commission. Once the Planning Commission has made a decision on the proposal, the request is presented to the Council for their review. The emergency ordinance review process does not require a second reading of the ordinance. The emergency ordinance must be approved unanimously or by a minimum of five Council members. No publishing is required for this type of ordinance. The ordinance is effective immediately after the Town Council approval is granted. III. PEC REVIEW On September 12, 1988, the PEC reviewed the Foundation's two requests. They voted 6-0 to approve the planning document and special review process. Pam Hopkins had to leave the meeting early, and therefore was unable to vote. The Planning Commission did amend the proposal to allow for the Town Manager, a representative from the PEC and a representative from the Design Review Board to review a question if the Vail Valley Foundation and staff could not agree on how to solve an issue. The Planning Commission felt that it would be better to spread the responsibility for making a decision on an issue which could not be worked out at the staff level among three people as opposed to just the Town Manager. The staff would also be able to call upon the Town Manager or DRB and PEC representatives to get advice on various planning decisions. Beyond this change, the proposal is the same as described above. The Planning Commission did make the following suggestions to the Foundation: A. The ice sculptures should be carefully located so that they are not blocking traffic patterns for pedestrians or vehicles. Perhaps it would be a good idea to locate some of the ice sculptures in the commercial areas to draw people into the Village and Lionshead. B. We should make sure that all trees are decorated fully. Rather than trying to decorate a lot of trees, we should try to concentrate the lighting effort on trees that will have the most impact. We need to encourage the community to get involved in the lighting plan. C. The Town of Vail needs to coordinate their lighting, especially in the area of the entry signage at the 4- way stop with the scheme being used by the Foundation. D. Snow sculptures should be maintained during the event. If possible, the sculptures should be lit. E. No trees should be removed in the area of the Pirate Ship park for the pedestrian path connecting the Vista Bahn area to the Golden Peak area. F. More activities need to be planned during the World Alpine Ski Championships. We should have so many activities that no one can possible attend all of them. Events for children should also be scheduled. G. Sound limits need to be defined for the various tents throughout our commercial areas. H. Cascade Village parking is a concern. A coordinated transportation plan and parking plan needs to be developed for this area. The emergency access through Matterhorn Circle to Cascade Village should be considered. Also, school bus schedules should be coordinated with the overall Town of Vail bus schedule during this event. I. The removal of temporary improvements for the event should be organized in a manner so that all removal occurs soon after the event. IV. STAFF RECOMMENDATION The Community Development Department recommends approval of the two requests. We feel that the Championships' report provides a good overview of how different elements of the World Championships will be handled. We do feel that it is critical that direct communication occur between the Vail Valley Foundation and the Town staff concerning the detailed implementation of the proposal. It is reasonable to relax our standard zoning, design review board, and sign code requirements in order to handle the special needs for the World Alpine Ski Championships. The Design Review board has also stated their support of the concept of handling design review and signage approvals at the staff level. We feel comfortable handling the event at the staff level due to the fact that all of the improvements will be temporary and monthly updates on the development of the Championships will be presented to the Council at a regularly scheduled work session. . ORDINANCE N0. 29 Series of 1988 AN EMERGENCY ORDINANCE APPROVING THE GENERAL PLANNING DOCUMENT FOR THE WORLD ALPINE SKI CHAMPIONSHIPS, AND SETTING FORTH A SPECIAL REVIEW PROCESS TO ALLOW FOR STAFF APPROVALS FOR TEMPORARY SIGNAGE, STRUCTURES, STREET DECOR, AND OTHER TEMPORARY IMPROVEMENTS FOR THE WORLD ALPINE SKI CHAMPIONSHIPS OF 1989. WHEREAS, the Town of Vail shall be hosting the 1989 World Alpine Ski Championships from January 29th through February 12th, 1989; and WHEREAS, said event is the major international ski competition in non-Olympic years; and WHEREAS, said event is a major undertaking requiring temporary structures, signage, street decor, and other temporary improvements in order to be properly staged; and WHEREAS, said event is determined to be of major importance to the Town for economic, cultural, and social reasons; and WHEREAS, in order to facilitate the preparation necessary for such an event, the Town Council has determined that in the areas of temporary signage, structures, and street decor, it is necessary to exempt the Vail Valley Foundation, which is the sponsoring organization of the World Championships, from complying with all the Town's zoning, Design Review Board, and sign code requirements, and in their stead to set forth a special .process to handle such temporary signage, structures, street decor, and other temporary improvements for the event. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: 1. The Town Council hereby endorses the general planning document for the World Alpine Ski Championships. 2. It is understood that in order to facilitate the 1989 World Alpine Ski Championships, certain temporary improvements shall be utilized by the Vail Valley Foundation, and that these improvements shall include the following: A. Flags and banners B. Structures C. Lighting D. Snow and ice sculptures E. Entertainment and hospitality F. Parades I ' G. Opening and awards ceremonies H. Race finish stadium I. Food, trade, and festival centers J. Media centers K. .Temporary signage and transportation In order to facilitate the construction of the temporary improvements set forth above which are necessary for the conduct of the World Alpine Ski Championships, the following process shall be substituted for the customary review process for zoning, design review, and sign review as set forth in the Municipal Code of the Town of Vail. A. All temporary signage, structures, and street decor, and other temporary improvements necessary and desirable for the conduct of the 1989 World Alpine Ski Championships shall be submitted to the appropriate members of the Town staff a reasonable time prior to their construction or placement within the Town. B. The Town staff will review the requested structures, signage, or improvements in cooperation with representatives of the Vail Valley Foundation. The Vail Valley Foundation and the Town staff shall work closely on an ongoing basis to facilitate the approval process and to implement the general planning document. If the temporary signage, structures, or other temporary improvements meet the approval of the Town staff, they may be implemented by the Foundation. C. If the Uail Valley Foundation and the Town staff disagree on the approval of any temporary signage, structures, street decor, or other temporary improvements, a final decision shall be made by the Town Manager, a representative of the Design Review Board, and a representative of the Town Planning Commission. If said three individuals are unable to reach a decision or should they feel Town Council input is necessary, the issue may be presented to the Town Council for their review. D. The Uail Valley Foundation shall report to the Town Council on a monthly basis to update them on the planning process for the World Alpine Ski Championships at a regularly scheduled Town Council Work Session. 3. Nothing in this emergency ordinance shall relieve the Vail Valley Foundation from the obligation to conform with all Town building and construction codes, including the uniform building code, the uniform fire code, and the national electric code. Nothing herein shall be deemed to relieve. the Foundation from complying with any and all applicable ordinances, laws, and regulations relating to life, health, and safety. The Foundation shall obtain all required permits and be -2- s r subject to all required building inspections for the construction of any temporary structures. 4. Because of the importance of .the 1989 World Alpine Ski Championships to the Town of Vail and because of the fact that the Championships are to be held from January 29th to February 12th of 1989 and time is of the essence, this ordinance is hereby declared to be an emergency ordinance necessary for the preservation of public property, health, welfare, peace, and safety. 5. 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. 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. 7. 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 AS AN EMERGENCY ORDINANCE this 20th day of September 1988, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately. Ordered published in full this 20th day of September 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- N0. 37 Series of 1988 A RESOLUTION HONORING MAYA WALKER FOR HER EXCELLENT PERFORMANCE IN THE MISS AMERICA PAGEANT AND FOR HER OUTSTANDING ACHIEVEMENT OF ATTAINING FIRST RUNNER UP TO MISS AMERICA. WHEREAS, Maya Walker as Miss Colorado performed in an excellent manner in the Miss America Pageant; and WHEREAS, Maya Walker through her excellent performance made an outstanding achievement of attaining First Runner Up to Miss America; and WHEREAS, congratulations are due to Maya Walker for her achievement as First Runner Up to Miss America. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: The Town Council hereby expresses the Town's pride in the accomplishments. of Maya Walker in both the Miss Colorado and Miss America Pageants and also expresses their appreciation and congratulations for her extraordinary achievement in being named First Runner Up to Miss America. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of September, 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk FREDERICK 5. OTTO JAY K. PETERSON WILLIAM J. POST WENDELL B. PO RTER FIELD, JR. OTTO, PETERSON 8c POST ATTOENEYS AT LAW POST OFFICE BOX 3149 VAIL, COLORADO 81GS8-3149 VAIL NATIONAL BANK BUILDING f3031 476-0092 EAGLE VAIL PROFESSIONAL BUILDING 13031 949-5380 DENVER DIRECT LINE 1303) 623-5926 September 13, 1988 ~~~ SEP 1 3 19~~ Mr. Peter Patton Town of Vail Planning Department 75 S. Frontage Road Vail, CO 81657 RE: Appeal of PEC Decision for the Chester Home Dear Peter: The undersigned, on behalf of the applicant E.B. Chester, hereby appeals the decision of the Planning and Environmental Commission's decision of September 12, 1988 regarding the upholding of the Staff's decision to deny the 250 square foot request upon renovation of the Chester property. We would request that the Town Council here this appeal on September 20, 1988. If you have any questions please contact me at my office. Sincerely, rson TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 12, 1988 SUBJ: Appeal of an Administrative Decision Regarding an Application for Additional Gross Residential Floor Area (250 square foot provision). APPELLANT: E.B. Chester I. BACKGROUND Mr. Chester wishes to demolish an existing residence located on Lot 19, Block 1, Vail Village 1st in the Mill Creek Circle neighborhood. The proposal is to rebuild a new structure utilizing the additional GRFA provision in the zoning code under Chapter 18.71. The staff has denied the application for additional GRFA because we feel it does not meet the provisions of the 250 square foot addition ordinance. The issue of the extent to which a residence may be remodeled/reconstructed and still qualify for additional GRFA has arisen several times. The staff has determined and applied an interpretation that allows the maximum remodel to retain the existing foundation. In other words, in our opinion the retention of the existing foundation. while demolishing the remaining structure still qualifies for additional GRFA under Chapter 18.71. We feel that this level of remodeling/ reconstruction still qualifies as an "addition" under the ordinance. The staff's interpretation is that a complete demolition of all structure on a property actually represents "starting from scratch" on a vacant lot. For example, if there were two duplex lots of equal size next to one another and one was vacant and one had an existing structure, it would be inequitable to allow 250 square feet more on the lot with the existing structure because it would be demolished and a new house built as opposed to the vacant lot which would be required. to follow the allowable GRFA according to zoning. II. STAFF RECOMMENDATION The Community Development Department feels strongly that the additional GRFA provision was adopted with the intent of allowing additions to existing structures. We feel this is clearly understood by the use of the word addition in the purpose section of the ordinance. We do not feel that the intention of this provision was to simply add 250 square feet to each and every residential lot in the community. Rather, the intent was to allow structures more than five years old to add small additions to accommodate growing floor area needs. We recommend the PEC uphold the staff's decision and deny the Chester application for additional GRFA under Chapter 18.71. C . to acceraance with Section 18.66.030. Also, nothing in this -- chapter~shall be deemed to deny any interested person his rights to seek a vaf~ance from the requirements of this chapter, except in the case where a proposed structure or fill will raT"se the base flood elevation or increase the quantity or velocities of flood waters during a 100-year~lood. Variances shall be governed by the provisions of Chapter 1$.62. (Qrd~.~ 16(1983) § 1 (part).) 18.69.070 Re uire~ f bond. Any applic~ t under this chapter may be required to post j _ bond, a letler of credit, or other guarantee to insure that the improvements, reports, or other requirements of this chapter ~ ~ completed and complied with. (Ord. 12(1983) § 1 (part).) -- - Chapter 18.71 ADDITIONAL GROSS RESIDENTIAL FLOOR AREA Sections: ' 18.71.010 Purpose. 18.71.020 Single family, primary/secondary and two family residential dwellings. 18.71.030 Multi-family dwellings. 18.71.040 Procedure. 18.71.010 Purpose. ' The purpose of this chapter is to provide an inducement for the upgrading of individual dwelling units in certain structures which have been in existence within the Town of Vail for a period of at least five years by permitting the addition of up to two hundred fifty square feet of gross residential floor area to dwelling units in said structures, provided the criteria set forth in this chapter are mei. This chapter does not assure each dwelling unit located within the Town of Vail an additional two hundred fifty square 498-15 (Vail 9-3-85) ~~- f \ ZONING feet, and proposals for any additions hereunder shalt be reviewed closely with respect to site planning, impact on adjaceni properties, and applicable Town of Vail development standards. Additional GRFA allowed under this provision shall be granted to any dwelling unit only once. (Ord. 4(1985) § I.) 18.71.020 Single family, primary/secondary and two family residential dwellings. Any dwelling unit not restricted by the Town of Vail to ~' housing for full time employees of the Upper Eagle Valley, L in single family, primary/secondary, or two family residential dwelling units shall be eligible for additional GRFA not to exceed a maximum of two hundred fifty square feet of GRFA per dwelling unit in addition to the existing GRFA or the allowable GRFA for the site. Before such additional GRFA can be granted, the dwelling unit shall meet the following criteria: A. At least five years must have passed from the date the dwelling unit was issued a temporary certificate of occupancy or a minimum of six years must have passed from the date the original building permit was issued for the construction of the dwelling unit. B. The dwelling unit shall have received its final certificate . of occupancy. C. Proposals for the utilization of the additional GRFA under this provision shall comply with all Town of Vail zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Planning and Environmental Commission pursuant to Chapter 18.62 before an application is made in accordance with this chapter. D. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application under this chapter that involves any external alterations to an existing structure. Notification procedures shall be as outlined in Section 18.66.080 of the zoning code. 498-16 (Vail 9-3-85) C \ ADDITIONAL GROSS RESIDENTIAL FLOOR AREA E. If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless a new garage or enclosed parking area is also proposed. Plans for a new garage or enclosed parking area shall accompany the application under this chapter, and shall be constructed concurrently with the conversion. F. Any .increase in parking requirements as set forth in Chapter 18.52 due to any GRFA addition pursuant to this chapter shall be met by the applicant. G. All proposals under this section shall be required to conform to the design review guidelines set forth in ~ ' Chapter 18.54 of the Vail Municipal Code. Any ~ dwelling unit for which an addition is proposed shall be required to meet the minimum Town of Vail landscaping standards as set forth in Chapter 18.54 of the Vail Municipal Code. Before any additional GRFA C may be permitted in accordance with this chapter, the staff shall review the maintenance and upkeep of the existing dwelling unit and site, including landscaping to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this chapter until all required improvements to the site and structure have been completed as required. H. The provisions of this section are applicable only to GRFA additions to single dwelling units. No pooling of gross residential floor area shall be allowed in single family, primary/secondary, or two family residential dwelling units. No application for additional GRFA shall request more than two hundred fifty square feet of gross residential floor area per dwelling unit. (Ord. 4(1985) § 1.) 18.71.030 Multi-family dwellings. Any dwelling unit in amulti-family dwelling, as that term is defined by Section 18.04.090 of the Vail Municipal Code, shall be eligible for additional GRFA not to exceed a maximum of two hundred fifty square feet of GRFA in 498-17 (Vail 9-3-85) ~ ~ \ ZONING addition to the existing GRFA or the allowable GRFA for the site. Any application for such additional GRFA must meet the following criteria: A. At least five years must have passed from the date the structure was issued a temporary certificate of occupancy or a minimum of six years must have passed from the date the original building permit was issued for the construction of the structure. B. Proposals for the utilization of the additional GRFA shall comply with alt Town of Vail zoning requirements and applicable development standards. If a variance is required for the additional GRFA, it shall be approved ' by the Planning and Environmental Commission ~ pursuant to Chapter 18.62 before an application is made in accordance with this chapter. C. The structure has received its final certificate of occupancy. D. Portions of existing enclosed parking areas may be converted to GRFA Under this chapter if there is no loss of existing enclosed parking spaces in said enclosed parking area. E. Any increase in parking requirements due to any GRFA addition pursuant to this chapter shall be met by the applicant. F. All proposals under this section shall be reviewed for compliance with the design review guidelines as set forth in Chapter 18.54 of the Vail Municipal Code. Existing properties for which additional GRFA is proposed shall be required to meet minimum Town of Vail landscaping standards as set forth in Section 18.54 of the Vail Municipal Code. General maintenance and upkeep of existing structures and sites, including the multi-family dwellings, landscaping or site improvements (i.e. trash facilities, berm-in to screen surface parking, etc.) shall be reviewed by the staff after the application is made for conformance to said design review guidelines. This review shall only take place for the first application for-' additional GRFA in any multi-family dwelling unit.SNo temporary certificate of occupancy shall be issued for 498-18 (Vail 9-3-85) c \ ~, C ADDITIONAL GROSS RESIDENTIAL FLOOR AREA c any expansion of GRFA pursuant to this chapter until all required improvements to the multi-family dwelling site and structure have been completed as required. G. If the proposed addition of GRFA is for a dwelling unit located in a condominium project, a letter approving such addition from the condominium association shall be required at the time the application is submitted. H. No deck or balcony enclosures, or any exterior additions or alterations to multi-family dwellings with the exception of windows, skylights, or other similar modifications shall be allowed under this chapter. I. The provisions of this section are applicable only to GRFA additions to individual dwelling units. No "pooling" of GRFA shall be allowed in multi-family dwellings. No application for additional GRFA shall request more than two hundred fifty square feet of gross residential floor area per dwelling unit. (Ord. 4(1985) § l.) - C 18.71.040 Procedure. The following procedure shall be followed by anyone wishing to obtain additional GRFA pursuant to this chapter: A. Application shall be made to the community development department on forms provided by the community development department and shall include: I. A fee of one hundred dollars shall be required with the application. 2. Information and plans as set forth and required by Section 18.54.040, paragraph C. 3. Names and addresses of adjacent property owners and owners of dwelling units on the .same lot as the applicant. . 4. Any other applicable information required by the community development department to satisfy the criteria outlined in this chapter. B. Upon receipt of a completed application form, fee and other required information, a member of the staff of the community development department will make a site 498-19 (Vai19-1-85) . ,..J_ C ':~.Y,~_ ZONING visit to assess the existing condition of the site with regard to the Town of Vail landscaping and site improvement standards set forth in Chapter 18.54. In applicable cases, the staff of the community development department shall submit its recommendations regarding the site and structure improvements and landscaping to the design review board. C. If the community development department staff determines that the site for which the application was submitted is in compliance with Town of Vail landscaping and site improvement standards, the applicant shall proceed as follows: 1. Application for GRFA additions which involve no change to the exterior of a structure shall be reviewed by the community development department staff. 2. Applications for GRFA additions involving exterior changes to a structure shall be reviewed by the staff and the design review board in accordance with the provisions of Chapter 18.54. D. It the community development department staff determines that the site for which additional GRFA is applied for pursuant to this chapter does not comply with minimum Town of Vail landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Town of Vail minimum standards, which plans and materials shall be reviewed by and approved by the community development department. E. Upon receiving the necessary approvals pursuant to this chapter, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. 498-20 (Vai19-3-85) `, . .~ i ,\ ~ ~ TITLE 18 FOOTNOTES F. Any decision of the community development department staff pursuant to this chapter may be appealed by any applicant in accordance with the provisions of Section 18.66.030 of the Town of Vail Municipal Code. (Ord. 4(1985) § 1.) TITLE 18 FOOTNOTES i 1. For statutory provisions authorizing local authorities to adopt zoning regulations, see CRS 1973 § 31-23-201; for provisions regarding purposes to be served by zoning, see CRS 1973 § 31-23-203; for provisions regarding zoning of cities and towns generally, see CRS 1973 Art. 31-23. C `~ 498-21 (Vail 9-3-85) ~ "~~ MEMORANDUM T0: Town Council FROM: Ron Phillips DATE: September 16, 1988 SUBJECT: Restriction for Parking Passes and Coupons during World Alpine Ski Championships The Municipal Services Committee of the World Alpine Ski Championships Organizing Cammittee has recommended that the Town consider restricting parking coupons and parking passes for use during the World Alpine Ski Championships (WASC) next year. The proposal is that the Town would restrict coupon usage in both structures during the entire 15 day event from January 29 through February 12, 1989. The blue parking passes would be restricted during that entire time to use in the Lionshead parking structure only. Premium passes would not be affected. The Municipal Services Committee is working on outlying parking in West Vail which will be served from early morning until early evening with a special shuttle bus system which will get people into the Village and Lionshead during the same 15 day period. The parking coupon and pass information which we distribute to the purchasers is attached to this memo for your review. This information concerning the special restriction during the World Alpine Ski Championships would be included with this sheet of information and would be highlighted on it so that all purchasers would have good advance information pertaining to the restrictions. RVP/bsc TOWN OF VAIL PARKING PASSES, COUPONS & RATES INFORMATION 1988-89 SKI SEASON Daily Parking Fee Schedule Hours Cost 0 thru 1.5 hrs $Free 1.5 thru 2 hrs $2.00 2 thru 4 hrs $4.00. 4 thru 6 hrs $5.00 6 thru 12 hrs $6.00 12 thru 24 hrs $7.00 Night Rate 6 p.m. to 3 a.m. $4.00 Premium (Gold) Parking Pass Premium season parking passes cost $475 plus $25 deposit. The premium pass is valid in both the Village and Lionshead parking structures at any time, no restrictions. Sales of the premium parking pass is limited to 100 at a first come, first serve basis. Limited (.Blue) Parkina Pass Limited season parking passes cost $200 plus $25 deposit. The limited pass is valid in the Lionshead structure at any time. The pass is valid in the Village structure on non-restricted days at any time and on restricted days from 3:00 p.m. to 6:00 a.m. Parking Coupons Parking coupons cost $40 for 30 coupons. The parking coupons are valid in the Lionshead structure at any time. The parking coupons are valid in the Village structure on non-restricted days at any time and on restricted days from 3:00 p.m. to 6:OO a.m. The parking coupons are available all season. Restricted Days The restricted days are all weekends (Saturday & Sunday) of the ski season. They are not valid until December 1, 1988. Not valid from December 26, 1988 thru January 1,.1989. Not valid January 29, 1989 thru February 12, 1989. Not valid February 18, 19, and 20, 1989. The parking passes and parking coupons will go on sale at the Town of Vail Finance Department starting on October 3, 1988. Our office is located in the lower level of the Vail Municipal Building, next to the Post Office. Office hours are Monday thru Friday, 8:00 a.m. to 5:00 p.m. For more information please call the Town offices at 476-7000. L-1..~ , MEMORANDUM T0: Town Council FROM: Ron Phillips DATE: September 16, 1988 SUBJECT: Organizing Committee Party Bob Knous has invited members of the Vail Town Council to a party the hosting for the Organizing Committee in Minturn next Thursday night. with cocktails at Paula and Oran Palmateer's house in Minturn at 5:00 continue with dinner at the Saloon in Minturn around 6:00 p.m. Please Brenda by Tuesday. Foundation is It will begin p.m. and will RSVP to RVP/bsc town of uaill% 75 south frontage road vail, Colorado 81657 (303)476-7000 TO: Ron Phillips office of community development FROM: Susan Scanlan and Peter Patten DATE: September 12, 1988 SUBJECT: Air Quality Survey and Control Processes For the past several years the Town of Vail has been monitoring PM-10 levels in cooperation with the State of Colorado Air Quality Control Division. It has been predicted that Vail has a probability of exceeding EPA's PM-10 standard. Few people who have lived in Vail during a ski season or two would dispute the fact that Vail has periods of poor air quality. Recognizing that we have a problem, even if only periodically during our peak winter times, is the first step to controlling the problem. Outlined below are the proposed steps to be taken in the future. 1. Selection of consultant to conduct Emissions Inventory - selection to consist of staff plus at least 1 PEC member. October 10, 1988 2. Presentation of consultant and outline of process to PEC prior to signing a contract. October 24, 1988 3. Emissions Inventory to be conducted. November - January 1989 4. Presentation of Survey results to Town Council, PEC & general public at a regularly scheduled evening Council meeting. Mid - February 1989 5. PEC to begin working on possible control alternatives. February - April 1989 6. Public meeting to get citizen input on possible alternatives. Late April 1989 7. PEC to present Council with control measures and citizen input. May 1989 8. Draft ordinances, resolutions, policies to implement control measures. May - June 1989 These dates vary based on consultant scheduling and availability. This is a tentative schedule and relatively flexible if any additions are desired. R~C'D SEP 1 4 1988 Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280 September 12, 1988 Eagle County Board of Commissioners: P. O. Box 850 Eagle, Colorado 81631 Re: Eagle County TV Translator System Dear Sirs: We would like to take this opportunity to clarify some apparent misunderstandings regarding the activities and recent actions of the Eagle County TV Translator Committee. The Committee adopted the attached Mission Statement and Goal Statements at it's last meeting. Please note that these statements do not suggest that Eagle County is to be the funding source for this system or that the system should be operated bz= any governmental agency. The statements do indicate that the completed engineering feasibility study and financial plan should address what portions of the county can be served by the system and what revenues will be required to install and operate the s~=stem. When this work is complete it will t}~en be possible to determine what is the most appropriate structure for the funding and operation of the system or if it is even feasible to install such a system. Apparently= there is also some misunderstanding regarding what is required for an engineering feasibility study to determine service area and costs. The authorized study addresses service to virtually all of Eagle County with the exception of the Basalt / El Jebel area which is currently receiving signals from Garfield and Pitkin Counties. This type of study requires a sophisticated engineering analysis to determine service area, fringe areas and to avoid problems associated with signal interference. The authorized study includes computor generated contour maps that will identify prime viewing areas as well as fringe areas. This type of generation is necessary to define service areas as well as the type of equipment needed. An incomplete study may well result in areas with severe ghosting of images due to overlap of coverage as well as other areas which may have a much lower quality signal than necessary. The Committee did not select a consultant for the study based upon cost alone but selected the consultant believed to be the most qualified to provide the service. This is probably the most important phase of all in developing a TV Translator System and a mistake at this point could well be far more expensive than a mistake at the equipment installation stage. The consultant selected was the most qualified of those submitting proposals with the engineering credentials and etperience required to complete a study of this nature. The remaining consultants who submitted proposals were highly qualified technicians who would probably be excellent at installing and maintaining a system of this nature. In summary, the committee believes it has acted judiciously in selecting a consultant to perform the engineering feasibility study. We further request that the county commissioners retain an open mind regarding the system until the engineering study and financial plans are complete and the committee has an opportunity to initiate and implement the plans. all translator related proposals or suggestions should be directed to the committee for consideration in developing the feasibility, financial and organizational plans for a s~rstem. It is impossible to make a realistic evaluation regarding an organizational structure for the funding or operation of a TV translator system withei.it this input. The Eagle County TV Translator Committee would like to invite the Eagle County Commissionerz and all ether interested parties with input or proposals for development of a TV translator system to our next meeting to revie~,~ the progress made to date and to discuss the goals of the committee. We believe this meeting will provide an opportunity to discuss something that seems to be of importance to a large number of residents of Eagle County considering the broadbased support for funding the engineering feasibility study. The various organizations contributing funds to the engineering feasibility-study are shown on the attached list. This meeting will be at the Avon Town Hall on September 22, 1988 at 12:00 Noon. Lunch will be served. We look forward to this opportunity for discussion and want thank you for your cooperation and participation in the past. Sincerely, ~. Jerry Davis, Member Eagle County TV Translator Committee PRESS RELEASE September 12, 1988. EAGLE COUNTY TV TRANSLATOR COMMITTEE In March of 1988 the Eagle County Board of Commissioners, following a request from representatives of various area towns and special districts, agreed to provide matching funds up to $10,000.00 for an engineering feasibility study for a TV Translator Sytem to serve Eagle County. Based upon this commitment from Eagle County the following towns, special districts and organizations contributed a total of X8,250.00 in funds to complete the study. Town of Avon Town of Eagle Town of Minturn Town of Vail Arrowhead Metropolitan District Avon Metropolitan District Berry Creek Metropolitan District Edwards Metropolitan District Lake Creek Meadows Homeowners Association Representatives from each of the general areas contributing to the study plus the Eagle Valley Television Corp. and the Town of Redcliff were appointed to provide direction and oversee the feasibility study. A Request for Proposals was sent out on June 16, 1988 and five proposals were received by the July 8, 1988 deadline. Following a review of the Propcsals, all five applicants were interviewed and HarTech, Inc. vras selected to perform the engineering feasibility study for a maximum fee of $16,000.00. Jim Hart of NarTech began work on the study August 29, 1988. The initial phase consisted of visting potential translator sites and gathering information on existing translators and translator licenses available for use within the system. Subsequent phases will include a computor generated analysis of the potential service area covered by individual translator sites, an evaluation of existing equipment and sites, recommendations far the most effective use of existing equipment and licenses, projected service area utilizing existing equipment and licenses, recommendations for additicnal equipment and licenses required to serve remaining populated areas of Eagle County and cost estimates for required capital equipment as well as annual operating and maintenance costs. This study should be complete by mid December 1988. Completion of the Engineering Feasibility Study is only the first step toward the implementation of a county wide TV Translator System. As noted in the attached Eagle County TV Translator Committee Goal Statements additional steps include developing a financial plan, establishing funding sources and developing an organizational structure to manage, operate and maintain the system. All this is necessary before constructicn can be started. The Eagle County TV Translator Committee would like to invite the Eagle County Commissioners and all other interested parties with input or proposals for development of a TV translator system to our next meeting to review the progress made to date and to discuss the goals of the committee. We believe this meeting will provide an opportunity to discuss something that seems to be of importance to a large number of residents of Eagle Gounty considering the broadbased support for funding the. engineering feasibility study. The various organizations contributing funds to the engineering feasibility study are shown on the attached list. EAGLE COU?~ITY TV TRANSLATOR COMMITTEE August 29, 1988 ?Mission Statement. To develop a business plan for the construction, operation and ta;~ base funding of a five (5} channel Television Translator System to serve majorit~r of Eagle County residents and businesses (I-i0/ Eagle River/ Colorado River Corridors}, Goal Statements 1. Engineering Feasibility Study a. obtain money for study (complete) b. finalize study (December 15, 1988) c. interpretation of study (January 15, 1989) 2. Financial Plan/Funding Sources a. tas: based plan (February 15, 1989) (special districts through inter-governmental agreements/ newly created special authorit~T/ county? b. financing alternatives such as lease purchase of capital equipment (February 15, 1989) 3. Organizational Structure a. how will organization work? (March 15, 1989) b. determination of lead agency (contact Pitkin and other counties) (March 15, 19891 c. pooling of licenses for county wide system (March 15, 1989) d. outside contracts vs. in house management and operation (March 15, 1989) Note: Organizational structure and recommended funding sources will be guided by Engineering Feasibility Study and Financial Plan. 4. System Construction a. equipment specifications & bid documents (April 15, 1989) b. award construction (installation) contract (June 1, 1989) c. construction complete and system operational (September 1, 1989) EAGLE COUNTY TV TRANSLATOR COMMITTEE Engineering Feasibility Funding Participants: Town of Avon Town of Eagle Town of Minturn Town of Vail Arrowhead Metropolitan District Avon Metropolitan District Berry Creek Metropolitan District Edwards Metropolitan District Lake Creek Meadows Homeowners Association Eagle County Committee Members: Susan Vaughn Glen Ewing Mike Metcalf Merv Lapin Darrell Weigert Loraine Lopez Kevin Whelan Jerry Davis Alternate Members: Lee Metcalf Willie Powell Eric Afeldt Bill James Eagle County Town of Eagle Eagle Valley Television Corp. Town of Vail Town of Minturn Town of Redcliff Edwards / Arrowhead Town of Avon Eagle County Town of Eagle Town of Vail Town of Avon lowo al uai 75 south frontage road vail, Colorado 81657 (303)476-7000 office of town attorney VA,IL 1989 September 16, 1988 Mr. Jack Acuff P. 0. Box 525 3235 Katsos Ranch Road Vail, Colorado 81658 Dear Jack: It is my understanding that you and other property owners in the proposed Booth Creek Rockfall District are attempting to negotiate an easement from the property owner which is necessary before we are able to construct the berm needed to mitigate rockfall in the area. It is essential that before we form the District and obtain financing for the berm that a contract be entered into between the Town and all property owners from whom we need easements which will obligate the property owners to convey the necessary easements to the To~vn of Vail immediately subsequent to the formation of the Local Improvement District. If the Town is unable to obtain such agreements, then we are in a situation where we will be forced to condemn an easement over the necessary land which will, of course, add time and expense to the process. Please keep us informed as to how the negotiations transpire, and if you have any questions, please do not hesitate to call. Very truly yours, ~~ c h- L~~ nce ~{. Eskwith Town At~,t6rney LAE/bsc lowo al uai 75 south frontage road vail, Colorado 81657 (303)476-7000 office of town attorney VAIL 1989 September 16, 1988 Ms. Jeannine Hallenbeck P. 0. Box 773 3236 Katsos Ranch Road Vail, Colorado 81658 Dear Jeannine: It is my understanding that you and other property owners in the proposed Booth Creek Rockfall District are attempting to negotiate an easement from the property owner which is necessary before we are able to construct the berm needed to mitigate rockfali in the area. It is essential that before we form the District and obtain financing for the berm that a contract be entered into between the Town and all property owners from whom we need easements which will obligate the property owners to convey the necessary easements to the Town of Vail immediately subsequent to the formation of the Local Improvement District. If the Town is unable to obtain such agreements, then we are in a situation where we will be forced to condemn an easement over the necessary land which will, of course, add time and expense to the process. Please keep us informed as to how the negotiations transpire, and if you have any questions, please do not hesitate to call. Very,~truly yours, i1 L~wrencet-i~. Eskwi th Town Attorney LAE/bsc Hospital expansion raises eyebrows By SCOT KERSGAAR.D Another major expansion of Vail Valley Medical Center is raising the question of whether This is a big, big issue for Vail. It s forever this tame. West Meadow Drive can safely handle the additional traffic. -Vail planning director Peter Patten Hospital officials thought in 1987 that expansion would not be necessary until the mid 1990s. Project manager Dan At some point we have to say that is the wrong location for a Feeney, however, said in an hospital we have to say no to expansion we have to draw the line. ~ Aug. 15 letter to Vail town ~ planner Kristan Pritz that de- LOUSY planning Can't go on forever. ~~ mand is growing faster than was expected and that the ad- -Vail Plannin and Environmental Commissioner Diana Donovan g dition will be needed by 1990. Town planning director Pe- ter Patten emphasized that managing traffic generated by the hospital is an important is- sue. "This is a big, big issue for Vail. It's forever this time," he said. Currently, the hospital is ac- cessed via West Meadow Drive. This street is open to the public only from Vail Road to the hospital. Besides serving the hospital there are a number of homes and condominiums on the street. The hospital is the only commercial building with its primary or only access off this street. Town planners and others have long talked about reduc- ing the traffic on West Meadow Drive and transforming it into a pedestrian area linking Vail Village with the library, Dobson Arena, and LionsHead. Adding onto the hospital, however, will only add to the traffic, and to conflicts inherent to areas shared by cars, buses, bicycles, and pedestrians. The expansion would consist of adding a second floor over the north wing emergency en- trance and a third floor over that and the west wing, for a total of 25,000-square-feet of additional space. The second-floor space would provide for 10 new beds immediately and room for an- other 10 when demand war- rants. The new third floor would be dedicated to four operating rooms, doctors' offices, a fourth radiology room, and ancillary services. In addition to expansion of the building, the plans calls for construction of a 55,000- square-foot parking garage. The existing west wing of'the hospital was built in 1987. It was designed so that third and fourth floors could be added. The new floor, which will add 12 feet to the. height of the building, is designed so that it will look like part of the origi- nal structure. Patten noted at the Aug. 22 meeting of the Vail Planning and Environmental Commis- sion that in the long run an ex- pansion to four floors should be anticipated. An alternative to increased traffic on West Meadow Drive is for the hospital to create an access directly to S o u t h Frontage Road just east of the Doubletree Inn. There are problems with this solution also. The hospital doesn't own the land and may have trouble buying it. It could be expensive, utilities would have to b e moved, and it would create a new, busy intersection on South Frontage Road. "We want to make West Meadow Drive a safer pedes- trian route, but how do we bal- ance that with creating a new, safe access to the frontage road? Patten asked the com- missioners. "Traffic on Meadow Drive is already. unacceptable," said Commissioner Pegg y Osterfoss. "West Meadow Drive is an accident waiting to happen. We would be negligent to ap- prove more beds without ad- dressing the traffic problem," said Commissioner Diana Donovan. Even so, Commissioner Bryan Hobbs seemed to sum up the feelings of most of the commissioners when he said he would vote to approve the expansion regardless of access and traffic problems. "The fa- cility is necessary;' he said. Donovan questioned whether the facility is, in fact, necessary. "They are expand- ing to serve Summit County," she said Aug. 29. "They are past meeting our needs, no one will die if they don't expand." She said people have to re- member that the business of Vail is tourism, and that a large hospital, which generates a lot of traffic in a core area, may not be good for local com- merce. "At some point we have to say that is the wrong location for a hospital, we have to say no to expansion, we have to draw the line. Lousy planning can't go on forever," Donovan said. She said she will only sup- port hospital expansion if an access road is built between Vail National Bank and the Doubletree, providing the hos- pital with direct access from South Frontage Road. She advocated creating one access road to serve the Dou- bletree, bank, and hospital. "I think it will work," she said. "They do have to cooper- ate, they all have to give some- thing, and it may take some re- thinking." Donovan said there is plenty of room on South Frontage Road for turning lanes, and that the amount of traffic cre- ated by such an access point could be handled without traf- fic lights. West Meadow Drive, she said, should have limited au- tomobile traffic. Vail Town Councilman 114erv Lapin, who lives on West Meadow Drive, said that if the hospital is going to expand it should find another location. "My concern is that the hos- pital's service area -Eagle and Summit counties -can ac- commodate agreat expansion of hospital services, but the present site of the hospital can- not," Lapin said. "For the hospital to put addi- tional funds into a site with limited room for expansion will. ultimately cost a lot more than expanding onto a second site," he said. Lapin said there is a need in Vail for emergency services for guests injured on the mountain and that the existing hospital structure should remain there. Like Donovan and Osterfoss, he also said that more traffic on West Meadow Drive would be intolerable. He said building an access directly to South Frontage Road is "one of the costs of staying there." Formal expansion plans have not yet been submitted to the Planning and Environmen- tal Commission. Neither project manager Feeney nor hospital administrator Ray McMahan returned The Vail Trail's phone calls. 4 The Vail 7iraQ -September 16, 1988 New road force rate hike Hos ital ex ansion would not burden town p p An article in your Sept. 9 issue relating to Vail Valley Medical Center gave vent to some ideas and representations that are clearly antagonistic to the hospital. May we have this oppor- tunity to present some purely factual information that sup- ports and defends the hospital and its plans for development to benefit the communities it serves? Expansion of hospital facil- ities is justified, not bad plan- ning. The underlying decisions by the governing board were made after extended consider- ation of the recommendations of the administrative staff. They confirm the primary commitment of this hospital to the substantial betterment of its services to the communities served -and just as impor- tantly to the thousands of visitors who spend their money in our community. And the people of Vail understand this. We believe it is inequitable and discriminatory to suggest that the hospital is just another commercial venture, seeking to enhance its proprietary interests. The hospital is surely a public service, institution, dedi- cated to service at the highest PUBLIC WRITES By IIAROLD W. KOONCE This space is available for readers who wish to write articles longer than would be appropriate for "Letters to the Editor." and best use. It serves nobody's special interest. Its governing board serves without compen- sation. It is just as surely a public institution as the post office and the Town Hall. It does not ask for special concessions or extraordinary treatment. We believe that the Town has an accepted responsibility to provide traffic ways for its residents whenever they justifiably seek access to their properties. There certainly is no history of any incidents where the Town has forced any business, any establishment, or any activity center to provide its own access. It has been suggested that some activity such as a hospital is not good for the Town's basic business of tourism. Does this not overlook the fact that what contributes to the hospital also contributes to the town? Every patient treated by the hospital is also a customer of some local business. The contention that any hospital expansion perhaps ought to be done somewhere else is a thinly veiled protection for Meadow Drive's desire to remain unspoiled by people who have to be able to move about. It does not contemplate the overwhelming difficulty of abandoning, moving, reestab- lishing somewhere else - at a cost that would be over- powering. Of course, Meadow Drive has problems with its traffic- carrying capability. There are legitimate concerns about the safety of both walkers and riders. This is of concern on every street in town. If there is an increased risk here in front of the hospital, so be it. But there are surely other ways to reduce it; why demand that the hospital forfeit its right to access and build another town street, at its own expense, a project that is at once of questionable safety, of inordi- nate expense, and of tremen- dous difficulty to achieve. There are admittedly other ways. A study of traffic patterns, of space available; of traffic handling devices (as simple as sidewalks), could surely produce means to pro- tect walkers against the already restricted auto traffic necessary to serve the hospital and its immediate neighbors. If such a solution encroaches on the environs of Meadow Drive, this is surely not as severe as encroaching on the hospital, and the neighbors on the other side, with an impos- sibleimposition of a totally new street. The problem need not be solved by forcing the hospital to do this. An independent engineering study, done in depth and at some expense, concludes that this new road into the hospital is full of safety flaws, impractical, tremen- dously expensive, and at odds with its neighbors' interests. The details of this study is available to all who would consult it. It is being suggested that the hospital build this road or be denied to expand. That is unjust authority. And we know there are planners a n d councilmen who understand this. The hospital is here, where it is. It plans development -not for its benefit as such, but for the benefit of the area it serves. Problems have been generated. But they can be resolved by means .other than denying expansion unless it builds a town street at its own expense - at a cost approaching a million dollars. If we are forced to pay for a town street, there must be some increase in hospital rates to finance these costs. This is distinctly contrary to hospital policy. The proposed expan- sion is not predicated on any such increases. Editor's note: Harold W. Koonce is chairman of the board of directors for the Vail Valley Medical Center. TAX PLANNING 6L BOOKKEEPING SERVICES SPECIAL ATTENTION TO BUSINESSES & INDIVIDUALS '~ A',,~ ORDINAP~CE N0. 4 Series of 1985 ~~~ AN ORDINANCE AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF A NEW CHAPTER 18.71 ENTITLED "ADDITIONAL GROSS RESIDENTIAL FLOOR AREA" AND PROVIDING FOR AN ADDITIONAL AMOUNT OF GROSS RESIDENTIAL FLOOR AREA NOT TO EXCEED 250 SQUARE FEET TO BE ALLOCATED _ IN CERTAIN SPECIFIC SITUATIONS, PROVIDED CERTAIN CRITERIA ARE MET AND SETTING FORTH DETAILS IN REGARD THERETO. WHERERS, the To~vn.of Vail Community Action Plan encourages the upgrading and remodeling of existing structures; and LJHEREAS, the Town Council is of the belief that it would benefit the health, safety, and welfare of the Town of Vail to allow property owners to add up to an additional 250 square feet of Gross Residential Floor Area (GRFA) as an inducement for the upgrading of existing structures which are five years old or older. NOW, THEREFORE, BE IT ORDAINED BY THE T06JN COUNCIL OF THE TOWN OF VAIL AS FOLLOWS: Section 1. Title 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of a new chapter 18.71 entitled "Additional Gross Residential Floor Area" to read as follows: 18.71.010 Pur ose The purpose of-this chapter is to provide an inducement for the upgrading of individual dwelling units in certain structures which have been in existence within, the Town of Vail for a period of at least five years by permitting the addition of up to 250 square feet of gross residential floor area to dwelling units in said structures, provided the criteria set forth in this chapter are met. This chapter does not assure each dwelling unit located within the Town of Vail an additional 250 square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable Town of Vail development standards. Additional GRFA allotived under this provision shall be granted to any dwelling unit only once. 18.71.020 Single Family, Primary/Secondary and Two Family Residential Dwellings Any dwelling unit not restricted by the Town of Vail to housing for full time employees of the Upper Eagle Valley, in single family, pri~~,ary/secondary, or two family resi- dential dwelling units shall be eligible for additional GRFA not to exceed a maximum of 250 square feet of GRFA per dwelling unit in addition to the existing GRFA or the allo~vable GP.FA for the site. Before such additional GP,FA can be granted, the dwelling unit shall meet the following criteria: t% -2- ~a. ,At least five years must have passed from the date the d~•relling unit was issued a temporary certificate of occupancy or a minimum of six years must have passed from the date the original building permit was issued for the construction of the dwelling unit. b. The dwelling unit shall have received its final certificate of occupancy. c. Proposals for the utilization of the additional GRFA under this provision shall comply with all Town of Vail zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Planning and Environmental Commission pursuant to Chapter 18.62 before an application is made in accordance with this chapter. d. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application under this chapter that involves any external alterations to an existing structure. Notification procedures shall be as outlined in Section 18.66.080 of the zoning code. e. If any proposal provides for the conversion of a garage or enclosed parking area to GRFA, such conversion will not be allowed unless a new garage or enclosed parking area is also proposed. Plans for a new garage or enclosed parking area shall accompany the application under this chapter, and shall be constructed concurrently with the conversion. f. Any increase in parking requirements as set forth in Chapter 18.52 due to any GRFA addition pursuant to this chapter shall be met by the applicant. g. All proposals under this section shall be required to conform to the Design P,eview Guidelines set forth in Chapter 18.54 of the Vail Municipal Code. Any dwelling unit for which an addition is proposed shall be required to meet the minimum Town of Vail landscaping standards as set forth in Chapter 18.54 of the Vail Municipal Code. Before any additional GRFA may be permitted in accordance with this chapter, the staff shall review the maintenance and upkeep of the existing dwelling unit and site, including landscaping to determine whether they comply with the Design P.eview Guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this chapter until all required improve;;,ents to the site and structure have been coTpleted as required. h. The provisions of this section are applicable only to GRFA additions to single dwelling units. No pooling of gross residential floor area shall be allotiti•ed in single family, primary/secondary, or two family residential dwelling units. No -3- , application for additional GRFA shall request more than 250 square feet of gross residential floor area per. dwelling unit. 18.71.030 Multi-Family Dwellings Any dwelling unit in a multi-family dwelling, as that term is defined by Section 18.04:090_ of the Vail Municipal Code, shall be eligible for additional GRFA not to exceed a maximum of 250 square feet of GRFA in addition to the exist- ing GRFA or the allowable GRFA for the site. Any application for such additional GRFA must meet the follol~ring criteria: a. At least five years must have passed from the date the structure was issued a temporary certificate of occupancy or a minimum of six years must have passed from the date the original building permit was issued for the construction of the structure. b. Proposals for the utilization of the additional GRFA shall comply with all Town of Vail zoning requirements and applicable development standards. If a variance is-required for the additional GRFA, it shall be approved by the Planning and Enviromental Commission pursuant to Chapter 18.62 before an application is made in accordance with this chapter. c. The structure has received its final certificate of occupancy. d. Portions of existing enclosed parking areas may be converted to GRFA under this ordinance if there is no loss of existing enclosed parking spaces in said enclosed parking area. e. Any increase in parking requirements due to any GRFA addition pursuant, to this chapter shall be met by the applicant. . f. All proposals under this section shall be reviewed for compliance with the Design Review Guidelines as set forth in Chapter 18.54 of the Vail Municipal Code. Existing properties for which additional GRFA is proposed shall be required to r;eet minimum Town of Vail landscaping standards as set forth in~Section 18.54 of the Vail Municipal Code. General maintenance and upkeep of existing structures and sites, including the multi-Tamil}~ d+~rellings, landscaping or site i~~~provements (i.e. trash facilities, ber;:,- in to screen surface parking, etc.) shall be reviewed by the staff after :; -4- the application is made for conformance to said Design Revie~~~ Guildlines. This review shall only take place for the first application for additional GRFA in any multi-family dwelling unit. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this chapter until all required improvements to the multi-family drtielling site and structure have been completed as required. g. If the proposed addition of GRFA is fora dti~relling unit located in a condominium project, a letter approving such addition from the condominium association shall be required at the time the application is submitted. h. No deck or balcony enclosures, or any exterior additions or alterations to multi-family dwellings with the exception of windows, skylights, or other similar modifications shall be allowed under this chapter. i. The provisions of this section are applicable only to GRFA additions to individual dwelling units. "Jo "pooling" of GRFA shall be allowed in multi-family dwellings. No application for additional GRFA shall request more than 250 square feet of gross residential floor are per dwelling unit. 18.72.040 Procedure The following procedure shall be followed by anyone wishing to obtain additional GRFA pursuant to this chapter: a. Application shall be made to the Community Cevelopment Department on forms provided by the Corrtimunity Development Department and shall include: 1) A fee of X100.00 shall be required frith the application. 2) Information and plans as set forth and required by Section 18.54.O~OC. 3) Names and addresses of adjacent property owners and oarners of d~~~e7ling units on the same lot as the applicant. 4) Any other applicable info rnation required by the Cormunity Development Department to satisfy the criteria outlined in this chapter. b. Upon receipt of a completed application form, fee and other required in- r"ormat~on, a me~:,ber Gr" the staff of the Cor„~.~unity Deyelop.~ent Departr-:ent will make a site visit to assess the existing condition of the site with regard to the 7o~~~n of Vail landscaping and site improvement standards set forth in Chapter 18.54. In applicable cases, the staff of the Com~nity Gevelopment Department shall submit its recc,,;mendations retarding the site and structure improvements and landscaping to the Design Review Board. i ' -5- c. If the Community Development Department staff determines that the site for which the application was submitted is in compliance with Town of Vail landscaping and site improvement standards, the applicant shall proceed as follows: 1) Application for GRFA additions which involve no change to the exterior of a structure shall be reviewed by the Community Development Department staff. 2) Applications for GRFA additions involving exterior charges to a structure shall b~ revie~•red by the staff and the Desi~~n Review Coard in accordance with the provisions of Chapter 18.54. d. If the Community Development Department staff determines that the site for which additional GRFA is applied for pursuant to this chapter does not comply with minimum Town of Vail landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Town of Vail minimum standards, which .plans and materials shall be reviewed by and approved by the Co~,~-nunity Development Department. e. Upon receiving the necessary approvals pursuant to this chapter, the applicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA, -". Any decision of the Com.~~unity Develop~,~ent Department staff pursuant to this chapter may be appealed by any applicant in accordance with the provisions of Section 18.66.03G of the Town of Vail F'ur,icipal Code. ., ". Section 2• -6- 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 dec Tares 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. Sartinn 3. The Town Council hereby finds, deter;;,ines and declares that this ordinance is necessary and proper for the health, safety and w,e7fare of the Town of Vail and the inhabitants thereof. Section 4• The repeal or the repeal and reenactment of any provisions of the Vail P•tunicipal Code as provided in this ordinance shall not affect any right tivhich 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. IPiTRODUCED, READ AND PASSED ON FIRST READING THIS 19th day of February 1°65, and a public hearing shall be held on this ordinance on the 5th day of ~~+arrh I9'.- _, c~ at 7:3G p.m. in she Council Cha~,bers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 39th day of __ February 1965. -_ .- - . / ,~%j,/ ~_- ~~" % ~ - ~- Paul R. Johnston;+';ayor ATa SST: ~ -' ~ _ J .,~~ ?;-mela A. Bra r:d,;,eyer, To'.~n C';erk I~ITrODJCED, RE D AND ,~?PP,O~'ED ON SECC~;D REF~.D;;;,; „~D 0?Dr,^,ED =U3LISHtD in full this 5th day of _ ---,;arch-~ Q - , ~ r 195. - ~~/~ !~ AjTEST~ ~ ~ Paul R. Johnston, ~;ayor v Pamela A. Brand,~;eyer, Tcwn Clerk