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HomeMy WebLinkAbout1990-05-29 Support Documentation Town Council Work SessionVAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 29, 1990 2:00 P.M. AGENDA 1. Vail Village Criterium Request for Funds 2. Discussion on Zoning Code Revisions 3. Report on Northwest Colorado Council of Governments Action regarding Census Problems 4. Information Update 5. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, MAY 29, 1990 2:00 P.M. EXPANDED AGENDA 2:00 Ted Martin 1. Vail Village Criterium Request for Funds ($10,000) Action Requested of Council: Approve/deny/modify Ted Martin's request for up to $10,000 for Vail Village Criterium Bicycle Race. Background Rationale: Ted Martin's trying to save the bicycle race, which was being handled by John Horan-Kates for EuroFaire on the weekend of July 7. Vail Associates has committed $10,000, and Ted is asking the Town for $10,000. The Council asked last week that Ted refine the proposed budget. 2:15 Tom Braun Kristan Pritz 2. Discussion on Zoning Code Revisions Action Requested of Council: Provide comments on amendment alternatives presented for five "high priority" amendments (SDD's, GRFA, site coverage, pay in lieu parking program, and CCI zone district). Background Rationale: This is the first "series" of amendments in a process that will run throughout the summer. As directed by the Council, the zoning code is being addressed first, with the design guidelines and sign code to follow. See enclosed memos. 4:15 Tom Steinberg 4:30 Ron Phillips 3. Report on NWCCOG Action regarding Census Problems 4. Information Update 4:35 5. Other MEMO T0: Town Council, PEC/Zoning Code Task Force, Staff FROM:- Tom Braun DATE: May 25, 1990 RE: Amendment Alternatives for Commercial Core I (Vail Village) Commercial Core I issues were not included in the Council's original list of high priority items. However, in reviewing the code, there are a number of issues that when considered collectively, may constitute CCI being a high priority. These issues include: 1) The Vail Village Urban Design Guide Plan is technically applicable only in the CCI zone district. However, the Plan was designed to cover surrounding areas such as WI, Crossroads, The Sonnanalp and Village Center. 2) Generally, the entire CCI chapter is disorganized and in places redundant. 3) There are no quantified limits on the development of commercial square footage in CCI. This puts incredible pressure on the design guidelines as the only control of building bulk and mass. 4) Development standards (density, setbacks, site coverage and landscaping) are ambiguous with regard to how the Urban Design Guide Plan is used as a criteria in reviewing development proposals. 5) There is no longer a need to not have a minimum setback in CCI. Flexibility should still be maintained, but the perception that the "Village has no setbacks" should be changed. 6) There are a variety of complications with regard to how building height is calculated in the Village. 7) Numerous problems are found in the chapter's use section. 8) There are special criteria to be used for reviewing conditional use .requests. These are in need of updating and refinement. 9) There are really no adequate criteria for reviewing proposals that remove, relocate or reduce in size an outdoor dining patio. Specific criteria would be helpful to review the merits of these types of proposals. 10) A conditional use permit is required to remove an accommodation or dwelling unit. However, this is only required for units on the second floor. The process should be amended to include units on all floors. While some of these amendments are very straight forward, others are quite complex. Since these issues have not been identified as a priority, specific alternatives are not presented. These alternatives will be developed in the near future if CCI is deemed a priority by the Council. Obviously, it is recommended that these items be made a priority. wp:cciintro 5/25/90 MEMO T0: Town Council, PEC/Zoning Task Force, Planning Staff FROM: Tom Braun DATE: May 22, 1990 RE: Amendment alternatives for the "Pay in Lieu" Parking Program Two issues have been raised with regard to the "pay in lieu" parking program. This program was established to minimize vehicular traffic in the Village and Lionshead by prohibiting the construction of parking spaces required for new development. In lieu of providing spaces on site, a developer is required to pay the Town for each new space.. These funds are then earmarked specifically for the maintenance or expansion of parking facilities. The issues raised with regard to this program are the fees charged per space and whether all aspects of the program are justified in the Lionshead area. PARKING FEES Current parking fees are $3, 000 per commercial space and $5, 000 per residential space. In 1988, the Council approved a rate increase to $8,000 (for any space) at first reading. However, the ordinance was withdrawn at second reading to allow for the completion of a parking study. Proponents of the increase argued that the $3-5,000 rate was less than half the cost of constructing a space, and that the Town should not be subsidizing parking. Opponents argued that the increase would prevent the redevelopment of property and that if an owner paid the full cost of a space, the owner should be granted full use of a space. Amendment Alternatives The degree of increase is a policy decision to be made by the Council. The arguments for and against the rate increase are valid. The original proposal for rate increases was $10,000. During discussion at first reading, this was reduced to $8, 000 in response to opponents arguments. If a rate increase is to be made, it should be done with consideration given to the actual parking requirements and the impact of fee increases on future building upgrades and infill development. LIONSHEAD AREA The Lionshead Mall area is very different from Vail Village. In Lionshead, vehicular access is available to every property on the Mall, without impacting pedestrianized areas on the Mall. Other properties zoned CCII are eligible for the parking program, but are not adjacent to the Mall (i.e., Antlers, L'Ostello, Lionsquare Lodge). The issue that has been raised is whether the vehicular access afforded certain properties in Lionshead should preclude them from being eligible for this program. Additionally, should a property be permitted to convert existing parking to another use and compensate for the lost parking by paying into the fund (this issue applies to both the Village and Lionshead)? The parking program was adopted as an element of the Village and Lionshead Urban Design Guide Plans. These plans recommended a number of commercial infills in both areas. The parking program provided an alternative for satisfying increased parking demand for properties that physically could not accommodate more parking, or in locations where it was undesirable to introduce more traffic. While many of these expansions have been completed in the Village, few have been done in Lionshead. The elimination of this alternative for Lionshead would effectively eliminate the possibility of infill projects because most properties cannot physically add new spaces to existing parking structures. Amendment Alternatives One alternative is to address the Lionshead area by eliminating CCII from the Parking Exemptions section of the zoning code (this is the section that establishes the pay in lieu program). However, this would create the problem outlined above, the future expansion of existing developments in Lionshead would in all likelihood no longer be possible. A second, and more effective alternative would be to prohibit the use of the parking program for proposals that remove existing parking spaces. This would directly solve one problem that has occurred in the past - the conversion of existing parking spaces to another use. However, this alternative would still allow the use of this program for parking demand created by new development. Additionally, amendments should be made to eliminate properties that are located off the Mall from being eligible for this program altogether. This could be accomplished by adopting an overlay district outlining the properties that may pay in lieu of providing parking on site. The end result of these amendments is that only those properties fronting on the Mall can pay in lieu of providing parking, and only for parking demand created by new infill development. Given the different characteristics of the Village and Lionshead, it may be valid .to consider allowing the removal of spaces in the Village. Any reduction of spaces in the Village will minimize vehicular traffic, a benefit for the entire community. wp:parkintr 5/23/90 MEMO T0: Town Council, PEC/Zoning Code Task Force FROM: Tom Braun DATE: May 24, 1990 RE: Development Code Revision Project The purpose of this work session is to update the Council on the progress of the development code revision project, discuss preliminary alternatives for addressing five high priority amendment items and begin discussions on the long range priorities for this project. The Council has selected the zoning code as the first element to be addressed during this revision process and the items to be discussed at this worksession are limited to zoning issues. Revisions to the design guidelines and sign code will be initiated after the zoning code is substantially completed. INVENTORY OF THE ZONING CODE A comprehensive inventory of the zoning code was completed over the past three weeks. The main product of this effort is a report that inventories approximately 70 issues or problems that were identified in the code. Each inventory summarizes the problem, states the objective of amending the code section, and presents preliminary amendment alternatives. The issues inventoried were selected based on the following considerations: 1) Interpretation Is the code written or presented in a manner in which it may easily be interpreted a number of different ways? 2) Conflict Are any sections of the code in direct conflict with other sections? 3) Consistency Are common issues .dealt with- consistently throughout the code, and is the code generally consistent with the Vail Master Plan? 4) Clarity Is the code written in a clearly understandable manner free of ambiguities? 5) Organization Are code sections and other pertinent provisions of the code found in logical locations? 6) Experience Has past use of the code raised issues or problems that can be addressed through this amendment process? The purpose of this inventory is to see where we stand in terms the number-and types of amendments that may be required, to begin identifying the inter-relationships of various amendments and to provide a basis for prioritizing future actions. The amendment alternatives are not intended to advocate or recommend certain amendments. Rather, these alternatives are provided to prompt dialogue on how existing code problems could be handled differently. It should be understood that for each of the issues that have been inventoried, a valid alternative may well be the "no action alternative", in which the code would remain unchanged. Finally, this list is not all inclusive and will be modified based on dialogue with the Council, Commission, staff and the community. Due to technical difficulties, this report will not be ready for distribution until next week. PUBLIC PROCESS Participation of people directly affected by the development codes and process, the community, is critical to the success of. this process. Over 400 invitations were sent out to architects, developers, contractors, real estate agents, individuals and special interest groups for a series of meetings that were held Wednesday through Friday of last week. While the response to these invitations was low, continued efforts will be made to keep people involved throughout the code revision process. PRIORITY ITEMS The Council has identified four high priority items to be addressed early in this process. These include: 1) Special Development Districts 2) Gross Residential Floor Area 3) Site Coverage 4) "Pay in Lieu" Parking Program Memos addressing each of these issues, and a memo outlining significant issues in the CCI zone district (Vail Village), have been prepared. These memos outline a range of alternatives for dealing with these issues. A goal of our discussion is to reach some consensus on how we want to resolve these problem areas in the code. PROJECT SCHEDULE Following this work session, the PEC Task Force will meet to begin refining alternatives for the five high priority amendments. Members of this task force include Diana Donovan, Kathy Warren, Dalton Williams and Jim Shearer. It is anticipated that the formal review process for these amendments will begin in late June or early July. The Council and task force will be asked to review the Inventory Report and make recommendations for priortizing other code amendments. The next "series" of amendments will initiated in July. wp:wsmemo 5/24/90 MEMO TO: Town Council, PEC/Zoning Code Task Force, Planning Staff FROM: Tom Braun DATE: May 18, 1990 RE: Amendment alternatives for Gross Residential Floor Area (GRFA) Problems with the GRFA system are well documented. The majority of these problems stem from the manner is which GRFA is defined and how the system is implemented. As written, permitted residential floor area is established by a ratio of building area to lot size. Over the years, this relatively simple ratio system has become very complex by a definition that excludes many types of interior spaces from square footage calculations. This "credit system" is difficult to interpret, poorly defined and at times an unenforceable method of controlling bulk and mass. It is the premise of this report that the underlying goal of these amendments should be to simplify this system by establishing an efficient and enforceable means for .limiting building size. BACKGROUND ON BULK AND MASS CONTROLS Controlling the type and intensity of development is one of the basic goals of land use planning. Location of land uses, development standards and density are the primary land use controls implemented through zoning. These land use controls are designed to limit the degree to which land is used, or developed. The "intensity" of residential development has typically been measured in terms of density, or units per acre. Setbacks, site coverage and building height have historically been used to control the bulk and mass of residential development. The reliance on setbacks, site coverage and height have proven to be inadequate tools for regulating bulk and mass. The purpose of setbacks is to provide space between buildings. By themselves, setbacks do nothing to control bulk. Site coverage limits the footprint of buildings, but it only measures two of the three dimensions necessary to define bulk. Building height is directly related to bulk, but is only a piece of the puzzle. Together these tools establish some control of bulk and mass, but this control is not without limitation. Floor area ratio (FAR) was developed to provide a more precise and adaptable measure for controlling the intensity of development. FAR permits a certain amount of square footage based on the amount of site area. For example, an FAR of .5 on a site 10,000 square feet would allow 5,000 square feet of development. However,. just as setbacks, site coverage and height alone cannot control bulk, neither can a floor area ratio system. While there are other systems in use, collectively these four "tools" provide the most effective (and most commonly used) , system for controlling bulk and mass. PROBLEMS WITH VAIL'S GRFA SYSTEM Fundamentally, Vail's methodology of controlling building bulk is sound - site coverage, setbacks, building height and square footage controls are all in place. Problems center around the manner in which GRFA is defined. 1) The system is convoluted. Over the years, credits have been established or interpretations have been made that make it very difficult to understand what counts as GRFA and what doesn't. Storage areas, garages, mechanical rooms, airlocks, overlapping stairs, crawl spaces, bay windows and attics are all discounted to varying degrees. These credits, or exclusions, make GRFA an inherently difficult concept to understand.. This becomes painfully evident in dealing with an architect or property owner unfamiliar with the "system". 2) Terminology used throughout the code is ill defined. What constitutes a storage area, garage or mechanical room? While the example is extreme, plans for a new duplex were once submitted to the Town for review that included a second floor space, complete with windows on two walls, labeled as "storage area". With no definition of what a storage space is suppose to be, the staff has little alternative but to credit this space as storage. 3) Far too many interpretive decisions must be made in reviewing plans for compliance with GRFA. This is in large part due to the lack of definitions. This puts pressure on both the staff to not be the "bad guy" by drawing a hard line on the credits, and the project architect, who is pressured by .the client to maximize square footage. The review process essentially comes down to a game of cat and mouse. 4) The present system is ripe for abuse, and it is being abused. As property values have increased, architects and builders have become increasingly aggressive in their pursuit of square footage. A commonly used tactic with basement space is to excavate a full basement and partition off as much space as necessary with a wood frame wall in order to meet the lot's GRFA. After final inspections, modifications are made to the wall to make the "void space" accessible and useable. There have even ~~ been cases of developers installing electrical and plumbing improvements in these purportedly inaccessible spaces. Their intention is all too obvious, but as long as this "preliminary" work is done in compliance with the Building Code, there is no basis in the zoning code to stop it. Another method of circumventing GRFA is to enclose a space on only three sides or leave a small opening in one wall. This technically makes the space unenclosed so it does not count as GRFA. The burden is then on the staff to watch these sites for future enclosure. ALTERNATIVES OF MODIFYING THE GRFA SYSTEM The following are five alternatives for revising addressing bulk and mass controls. While there may be other systems that could be implemented, these five are probably the most viable. ALTERNATIVE #1 - Refine Existing System Refining the existing system essentially comes down to clarifying the terminology used to define GRFA. Standards could be established for credits - i.e., mechanical room limited to 50 square feet to accommodate plumbing, heating, air conditioning, ventilation or other mechanical system. A procedural section is also warranted. This section would outline the methodology used to award credits - i. e. , all habitable space within enclosing walls of structure is measured, then credits are applied to each unit for square footage that meets the standards outlined for credits. Pros Definitions would go a Long way toward minimizing the need for interpretations and would clarifying the entire process. The procedural section is important to clearly state the conditions in which credits are awarded. It is generally assumed that all credits are automatically factored into GRFA calculations. Cons This alternative would clarify the intent of the credits, but it would do nothing to solve enforcement issues and the inherent complexity of the system. It really begs the question of why anyone needs to worry about whether space designated storage is used for a bedroom? The purpose of these controls is to limit bulk and mass, not control how interior space is used. Refining the system could make it better, but it would not eliminate the cumbersome manner in which square footage is calculated. ALTERNATIVE #2 - Eliminate Square Footage Controls This alternative is as simple as it sounds - leave bulk and mass control to setbacks, site coverage and building height. This is not without precedent. While it is more the exception than the rule, not all communities have square footage controls. Beaver Creek is one example on a jurisdiction that does not regulate residential square footage. Pros This alternative would clearly eliminate difficulties with the existing system. Significant amounts of time would be saved "haggling" over square footage, and enforcement would become a non-issue. Cons Any legitimate control over the maximum size of buildings would be lost. Site coverage and height would certainly provide limitations on development, but the potential impact of bulk and mass would be very significant. This system could dramatically change the scale of development in established neighborhoods (i.e., what has already happened in the Forest Road neighborhood). This. system is feasible under certain conditions. Beaver Creek is a good example, but this planned development has formally established building envelopes and the entire subdivision was designed to be developed without square footage controls. Another example of when this system could work is in communities where market forces do not create the demand for maximizing square footage. ALTERNATIVE #3 - Count All Square Footage Like Alternative #2, this is a "clean" alternative in that it would make the GRFA system very simple. With this alternative, all space within the enclosing walls of a structure and all substantially enclosed space would be calculated. Potential wording could be: GROS5 FLOOR AREA: The sum of horizontal areas of all floors of a building on a lot, measured from the interior face of exterior walls. Gross floor area shall include all enclosed space and all substantially enclosed space. Gross floor area shall include all basements, elevator shafts at their lowest level, stairways and landings, bay windows, mechanical and storage areas, lofts, attics with structural headroom of five (5) feet or more and any excavated areas with structural headroom of six (6) feet or more, whether or not a floor has actually been laid. This wording was modified from language used in Fairfax County, Virginia. It does not represent proposed wording, rather, an example of language designed to count all interior space. Additional work is needed to define "substantially enclosed space". Pros This alternative would eliminate the "cat and mouse" game during plan review, and would also help solve enforcement issues by eliminating the potential "void spaces". Cons This would essentially be a down-zoning of residential zoned properties. With current regulations, a single family, duplex or primary/secondary lot is eligible for the following credits: 200 sq. ft./unit - storage 600 sq. ft./unit - garage 50 sg. ft./unit - mechanical 25 sq. ft./unit - air lock Add approximately 150 square feet for overlapping staircases and a unit may have nearly 1,000 square feet of space in addition to allowable GRFA. On a duplex or p/s lot, that comes to 2,000 square feet that this alternative would "take away" from a property. This system would also create a disincentive to construction garages. Finally, an argument against this alternative will be made that there is no justification in calculating excavated basement space because these spaces are generally below grade and do not contribute to building bulk. ALTERNATIVE #4 - Count All Square Footage Increase FAR This alternative would be the same as #3, but it recognizes the GRFA penalty on properties and also would make some concessions for garages. The loss of square footage that would. be created by the new definition of floor area could be offset by increasing the permitted floor area. Currently, the Duplex and P/S districts permit .25 GRFA (25 square feet per 100 square feet of site). On a 15,000 square foot lot, this equates to 3,750 sq. ft. Add to that the potential "credit square footage" of 2,000 square feet, and a lot may have up to 5,750 square feet of space - a ratio of .38 (building area to site area). While to what degree is unknown at this time, this alternative would increase the permitted building ratio to compensate for the loss of these credits. It may also be beneficial to maintain some credit to encourage garages. Pros This alternative provides all of the benefits outlined under Alternative #3. In addition, it is responsive to the existing development rights that have been afforded these properties. Cons The alternative does not answer the argument of why excavated basement space should be included in square footage calculations when it does not contribute to building bulk. ALTERNATIVE #5 - BUILDING VOLUME RATIO Building volume is a system that calculates the actual volume of building on a site. This is calculated by a very complex formula that incorporates roof height, wall height, length and depth, and coverage to establish a building's volume. This system is not widely used, primarily due to the complex and time consuming process of the calculations. Efforts are underway to locate examples of this system. RECOMMENDATIONS There is no question that something needs to be done to the existing GRFA system. Additionally, it is fairly obvious that some square footage control is necessary. To eliminate square footage controls in a predominately developed community like Vail would create the potential to dramatically change the building scale and character of established neighborhoods. Alternatives #3 and #4 represent the most viable alternatives for modifying this system. Of these two alternatives, Alternative #4 is clearly the most equitable because it recognizes the inherent "penalty" of taking away GRFA credits. With each of these alternatives, many detailed questions would have to be addressed. For example, are measurements made to the inside or outside of exterior walls, what are reasonable head heights for attic spaces and crawl spaces, should there be a credit for garages, and how would GRFA definition changes affect multi-family buildings? At this point, our objective is to identify which one of these alternatives has the greatest potential for solving GRFA problems. Once we narrow our options down, we can begin looking at these more detailed issues. wp:grfaintr 5/20/90 MEMO TO: Town Council, PEC/Zoning Task Force, Staff FROM: Tom Braun DATE: May 25, 1990 RE: Amendment Alternatives for Site Coverage Control Site coverage, building height and square footage limitations are the three primary tools that control building bulk and mass. Problems with square footage control are documented in another memo. There are many similarities between GRFA problems and the problems with site coverage. .Simply stated, as presently defined, there are many ways to "design around" the site coverage rules. The end result of this situation is that site coverage limitations are not effectively controlling building bulk. Within each zone district, site coverage is addressed with language that reads: "Not more than X% of the total site area shall be covered by buildings". Three terms in the definition section, "building", "structure" , and "site coverage" must then be referred to in order to define how this regulation is to be implemented. Specific problems with these definitions are: BUILDING "means any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or property". If this were the only definition of what is to be included in site coverage calculations, there would probably be very few interpretive problems. Virtually any improvement would fall under this definition or the definition of "structure" (see below). However, this definition would not limit the building bulk added from an interior courtyard surrounded by buildings on three or four sides. STRUCTURE "means anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. ." Clean and simple,. anything fixed on the ground would count as site coverage. However, the definition of building does qualify the use of the term structure by referring to "enclosed structure". SITE COVERAGE "means the portion of a site covered by buildings, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of the building at ground level". By clearly defining site coverage, this definition supercedes the definition of structure and building. Definitions for structure and building are to be used only for clarifying this definition. Problems with the site coverage definition are that there is no limit to the amount of roof or balcony overhang, and the portion of site that is covered is measured at ground level only. As written, cantilevered portions of a building would not be included in site coverage calculations. Alternatives for addressing this issue have not been developed. Research is now underway to see how other communities calculate and define site coverage. Site coverage is dealt with many different ways. For example, it is not uncommon for regulations to calculate all impervious surfaces as site coverage. In most communities, limitations are placed on the balconies and roof overhangs. Patios and decks are sometimes considered site coverage. The goal of this amendment should be to establish regulations that will effectively control the amount of buildings and improvements on a site. It is important that site coverage regulations be developed in conjunction with GRFA regulations (and any changes to height regulations). Collectively, these are the tools used to control building bulk. wp:sitecov 5/23/90 TO: Town Council, PEC/Zoning Code Task Force, Staff FROM: Tom Braun DATE: May 20, 1990 RE: Amendment Alternatives for Special Development Districts The SDD section of the zoning code was totally rewritten in 1987. However, a number of issues have been raised over the past few months that necessitate the review of this chapter. The majority of these issues deal with philosophical questions regarding the purpose of SDD's and under what conditions it is appropriate to adopt SDD zoning. The issues, or questions, that have been raised include the following: DENSITY There is no maximum limit on density or GRFA that can be approved through a SDD. This has troubled both Commissioners and Council members during the review of SDD proposals. With no limitation on density, it is felt that most SDD's are proposed for the sole purpose of obtaining development levels beyond what is permitted by underlying zoning. Amendment Alternatives SDD's are referred to as PUD's in most communities. Zoning codes from 1.3 resort communities have recently been obtained and research is currently underway to see how these communities deal with density in PUD's. Generally, density is handled one of three ways: 1) There is no established maximum density; 2) Density is established by the property's underlying zone district; and 3) A percentage increase in density is permitted. This last method is usually tied into some type of performance evaluation. For example, a 10% density increase may be possible if landscaping or open space requirements are exceeded by 10%. This performance system can be expanded to include other considerations such as design, public off-~~ite improvements or public art. Each of these options represent viable alternatives for amending the' SDD process. MINIMUM STANDARDS Council members have stated that there should be minimum standards, or conditions, that must be met in order to propose a SDD. The purpose of these standards would be to establish some degree of control, or limitations, on where and when SDD's may be proposed. Examples of minimum standards that have been suggested include minimum lot size, permitting SDD's in certain zone districts, and prohibiting SDD's from low density residential districts. Amendment Alternatives Each of the examples could be implemented. It is very common for communities to require a minimum parcel size for PUD's. It is also common for communities to have separate PUD processes for residential development, commercial development and mixed use projects. However, PUD's are generally permitted in any established zone district. Any of these alternatives could be adopted. However, it is important to consider to purpose of this type of amendment. There have been examples of very legitimate SDD's in low density residential neighborhoods and other examples on very small lots. To establish arbitrary standards designed to limit SDD's could prevent valid SDD proposals in the future. The best way to prevent SDD's that are not appropriate is to deny them. This alternative is discussed in greater detail below. DESIGN CRITERIA The Design Criteria provide the basis for decision-making during the review of SDD proposals. Suggested changes to these criteria include modifying parking requirements to enable the Commission or Council to mandate parking in excess of what is required by code, adding criteria to address the appropriateness a SDD's underlying zone district, and establishing criteria to evaluate whether the development proposed by the SDD could be achieved within underlying zoning, or whether requested flexibility to underlying zoning development standards is consistent with the intent of this title. Amendment Alternatives Design criteria pertaining to parking requirements currently stipulates that proposed parking meet the standards outlined in the parking section of the code. Simply rewording of this criteria could give the Town the flexibility to require parking in excess of code requirements. The PEC's justification for this amendment is that an applicant can request flexibility with other development standards, why can't the PEC have flexibility with parking requirements? Underlying zoning plays an important role in SDD's. First, the permitted and conditional uses in an SDD are limited to the permitted and conditional uses of the underlying zone district. Secondly, the underlying zoning provides an informal "benchmark" for evaluating the development standards proposed in the SDD. Uses and development standards are both addressed in the SDD Design Criteria, but a new criteria specifically referencing how uses and standards relate to underlying zoning should be added. ~r a The intent of SDD's is often questioned. Specifically, what is the reason for requesting flexibility in the underlying development standards, and what is unique about the development that could not be accomplished with the property's underlying zoning? Recently, the staff and PEC opposed a new SDD based partly on the proposal's inconsistency with the purpose of special development districts. This issue should be addressed during the review of any SDD and can be accomplished by adding a new criteria to this effect to the Design Criteria section. In many respects, the problems, or percieved problems with the SDD process can be addressed through the Design Criteria. It is through these criteria that decisions are to be made on the merits of a proposal. These criteria should be written to address all pertainent issues with the use of SDD's, from both a philosophical point of view (i.e., relationship to community goals), and from a site specific point of view (building height, density, relationship of uses, etc.). UNDERLYING ZONING Not all of the established SDD's have an underlying zone district. This is in large part due to the fact that .previous SDD ordinances did not specifically address the issue of underlying zoning. A decision on how to deal with these situations should be made. Amendment Alternatives Each SDD. should have an underlying zone district that is formally recognized in the property's SDD ordinance. This can be dealt with one of two ways; 1) Establishing an underlying zone district can be required for an existing SDD as a part of any amendment request, 2) The staff can research each SDD ordinance, identify SDD's without underlying zoning, and initiate the process to adopt an underlying zone district. There are a variety of issues and questions relative to each of the amendment alternatives outlined for these four subjects. Following the public input sessions on May 23-25, meetings are scheduled with both the Planning Commission Task Force and the Town Council. The goal of these meetings is to identify the most viable alternatives for addressing these issues. During the discussion of SDD's it is important to consider not only the purpose of SDD's, but also how they have been used in the past. Clearly, SDD's have been used as a means for obtaining increased density. However, in virtually every case, the goals of the specific SDD proposal have been consistent with community goals (i.e. employee housing, increasing overnight bed base). Any decisions on modifying the SDD process should be made with consideration given to the long range goals of the community. wp:sddintro - 5/19/90 TOPIC 8/8 WEST INTERMOUNTAIN ANNEXATION request: Lapin) 2/20 JOINT MEETING COUNCIL/VMRO 2/27 SATELLITE POST OFFICE (request: Osterfoss) 3/21 COMPENSATION FOR PEC, DRB, LIQUOR AUTHORITY 4/10 CML CONFERENCE/Colorado Springs 5/8 TENNENBAUM RESOLUTION 5/1 RECYCLABLE PAPER PRODUCTS (request: Rose) 5/1 ANNUAL CHUCK ANDERSON YOUTH AWARD (request: Lapin) 5/1 UNUSED COMMON GRFA IN CONDOMINIUM PROJECTS (request: Lapin) ESTIONS WORK SESSION FOLLOW-UP LARRY: Proceeding w/legal requirements for annexation. PAT: Apply in writing to Council re: ground lease of Booth Creek 9 hole par 3 golf course. RON: Pursue station "in town" and/or increase summer bus service? RON/KRISTAN/LARRY: Should additional compensation be considered for appointed, standing Town boards? COUNCILMEMBERS: Conference will be held June 20-23 this summer - reservations should be made as soon as possible. RON: Contact entities re: similar resolution signed by Eagle County Commissioners. STEVE BARWICK: What is cost differential and degree of difficulty involved in purchasing all recyclable paper products? Has the TOV already pursued this? BRIAN JONES/JOANNE MATTIO/PAT: Apparently this. youth award fell through the cracks last year; pursue selection and presentation far BOTH years. LARRY/KRISTAN: Devise notification procedure for individual owners in condo. projects where collective GRFA may be required on an individual case-by-case basis. EXAMPLES: Crossroads, Northwoods SOLUTIONS 5/25/90 Page 1 of 2 A new advocate far petition circulation is being sought. Cindy Callicrate to be contacted. Kent sent letter outlining proposed process to Tim Garton. UMRD has revised and TOV/VMRD Committee will tentatively meet Tuesday, June 5, 10:00 a.m., in the Downstairs Conference Room. Meeting to be set up with Ernie Chavez. Will prepare alternatives and recommendation for Council by 6/15/90. Ron and Tom signed up so far. Send similar resolutions for their adoption to Aspen, Crested Butte, CAST, TOA, etc., re: transfers of publicly held land far personal gain. Staff will investigate. Set up meeting w/Kent Rose to select individuals and schedule for evening Council meeting in June. Caroline Fisher to submit application. Schedule for June 19 Work Session. TOPIC 5/1 AMEND CODE, 12.04.240, STREET CUT PERMITS 5/15 REDUCTION OF COUNTY-WIDE LONG DISTANCE TELEPHONE RATES (request: Steinberg) 5/15 SITE VISIT FOR MARRIOTT'S MARK (request: Gibson/Lapin) 5/22 STATUS REPORT FOR PARKING STRUCTURE (request: Gibson) 5/22 GATEWAY PROJECT CONSTRUCTION 5/22 SITZMARK REQUEST FOR SUMMER PARKING 5/22 CENSUS FEEDBACK (request: Steinberg) WORK SESSION FOLLOW-UP STAN/LARRY/KRISTAN: Per Council direction, proceed. CHARLIE/STEVE B.: Investigate why the telephone company is "dragging its collective feet" in lowering rates for county-wide usage? KRISTAN/MIKE: Alert Council to the PEC site visit schedule for the proposed Marriott Mark addition. CAROLINE/KEN/STAN: Council would like a biweekly or weekly status report to the public - is it on schedule/what's happening, etc.? They would also like this to be a PR type of piece, not just a list of facts. GARY MURRAIN: Will the Gateway Building construction be out of the street by July 4th? RON: This letter has been referred to the Parking and Transportation Task Force for review and recommendations. RON: Tom will speak about this since it's slated for review at the NWCCOG meeting 5/23/90. Ran to follow up w/CAST re: our local concerns and a request to redo in this area. 5/25/90 Page 2 of 2 -UP SOLUTIONS Will be developed by July, 1990. Will do. I Tentatively scheduled for Monday, June 11. Council to receive notice. Plan being formulated. No. Two lanes remain for usage. Cannot be completely reopened until steel super structure is up and area back back filled. Parking and Transportation Task Force denied the request and suggested cooperating with other private lot owners and/or provide his own valet service. Scheduled far Work Session Tuesday, May 29. 5/22 VAIL CULTURAL ARTS FACILITY ~ RON: Proceed w/preparation of resolution. ~ Resolutions to be presented June 5. TO: FROM : ~ ~ Pat Dodson SUBJECT: Eurofaire criterium DATE: May 16, 1990 ~o M~n~~~ ~~ K~"`' As you know, Eurofaire has postponed their event for one year. Ted Martin, Mike Beckley and myself have met and discussed ways of keeping the bicycle criterium. We all felt it might be advantageous if the bicycle criterium could be salvaged in any way, and as always, it gets down to dollars. Ted is currently trying to get sponsorship which could amount to $5,000, leaving an operation shortfall of $10,000. If he does not get the sponsorship, it could be as much as $15,000. My questions are, is the Town of Vail interested in keeping the criterium? Would they consider allowing the Coor's Classic dollars to go towards this event? Would the in kind services be donated from the Town, such as police, street sweeping, etc.? Vail ,000. and may some financial assistance, Resort Associa ion lodging that would be cold cash.- I have not approached but would have no problem doing required. L of amount of The race has already been advertised and is on the USCF official schedule. It is setup to be a men's category I or II (a top pro's race), and is tentatively scheduled for 2 hours on July 6 from 10:00 a.m. to 12:00 noon. The race would be approximately 60 laps and would use the same course as the Coor's Classic. Ted Martin has a drop dead date of May 21, 1990. We all realize this is extremely short notice, but thought it would be worth the attempt, especially since there is no other event scheduled during that weekend. Please let me know your thoughts and feelings on this matter. Thanks. Ron Phillips :sl h1a y L"c', i 33tc7 Ed McMa ri cr s 4b ~(•7 /Y/eadt=rw ~t'.I k'E' 4~ai 1, Col crrado Sia5;' .gear' Ed. Thanks for youcrr r'rotes on the air'pc-rrt. I decided nt~t tc~ scr,c}por't the Towri of Vail fi nand all y backing the Sto1 port for a ncrmber' ~-~f reasons. First, the Town of Auorr has an optit~n or, the 1 arid, a,~rd the 1 ocat i on ~, f the ai r'port appear's to them to be i t'r conflict wi th the deuel opmer,t of the 1 and. Since the town of Auon was crr,willing to ct~ntr'ibcrte to the Continental E:~press ret7uest for fonds - I dons t see h`~w Vai 1 Carr. Also, Vai 1 Associates and the matijor 1 odges at Feaver Creek c~ver'e not interested i rr contributing. Second, the main reasc-~ns I was interested i n tryi ng to r,rake the Sto1 pt~rt ui abl e i s i f i t would redcrce the ricrmber of car's needing to park i n Vai 1 ~~r' i f the air' servi ce wool d prcaduce meaningful scrrnnter bcrsi mess which 4'ai 1 mi ght otherwise nett recei ve. I coal d not cz~rne crp wi th ncrmbers w/-ri ch would supp~~rt ei ther pt-~si t i on. Third. In general I am opp~~sed to g~-~uernnrent subsidizing private busiriess - especiall ~' whet, there are other priuate alterrratiues accomplishing the same task. Trr particcrlar I am op,o~-~sed t~~ scrbsidizing an airline which appears tot be in poor fi nand a1 shr=-r,cre and i s unwi I 1 i rrg t~? prctui de nre cui th its fi na nci aI statements. The type of guarantees Gz?ntinental E.xpr'ess was requesting coal d be i n the hcrrrdreds c-~f thocrsarrds erf d~~11 ars on an annual basis. Althocrgh yocr might be correct that the scrccess t~f the service could reduce the subsidy. I dL~ not feel that i t i s ar-, appropri ate ri sfr for the TL-+wn of Vai 1. Fi nal I y I wc.~u1 d 1 i ke to assure yc-~er that my 4lc~X ~-~wner'shi p i n es partnership that owns 3~ acres north cif the Ea~g1e airport since .t 37i p1 ay~~d rt7 part i n m_y~ decision. I di sc1 aced this ownership to the Vail Town Council crpon being appointed to the Stolport conrnti t t ee. I, however', do appreciate the time and input youcr haue made to the committee and directly to nre personal 1 y, I thi rik that i r, 1394 when the Denver' ai rpt~r't wi I 1 6e Ek~t mi notes fcrr'tJ~er' away from Vai 1 there wi 11 be compelling arguments f~~r' want i n;g the Sto1 port i n Avon, bcrt fz~r' the above reasons. I don't see how we can take that ri sk cri th Ct,rrti rental E;cpress at this time. Si ncerel y, l~~erv Lapin P. S. The ct~mnri ttee did not even get int~~ the safet y' and nuisance rarrratlcatsons ttf i5 to c47 flights per day over residential areas. tuwo 0 75 south frorrtage road vaii, Colorado 81657 (303) 479-2105 office of town manager May 23, 1990 Mr. Robert F. Fritch Sitzmark Lodge 183 Gore Creek Drive Vail, CO 81657 Dear Bob: Thank you for coming to the meeting a week ago Friday to express your concerns about parking in the Village this summer. We all understand that the necessary construction in the parking structure is causing inconveniences to both our guests and business owners, and we apologize for that. However, we feel we can make this summer a very positive experience for all concerned in spite of the difficulties incurred by the construction project. I am sorry if I reacted to you inappropriately during the meeting. I was surprised by your request and probably should have had better control of my response. Stan Berryman, the Town Council, and I have received your letter. We will be doing a staff review of your request and then have the Parking and Transportation Task Force act on your request as soon as possible as I mentioned to you on the phone. LETTER TO ROBERT FRITCH MAY 23, 1990 PAGE 2 We all understand the anxiety this major construction project causes for everyone in the Village this summer, and reiterate our desire to work to the best of our ability to make this summer a positive experience. Thank you again for your input. We will let you know of the Parking and Transportation Task.Force decision as soon as it is made. Since a y, Rondall V. Phillips Town Manager RVP/ds cc: Vail Town Council Stan Berryman Kristan Pritz ~`~ PRESENT: Steve Simonett Bill Bishop ' Kevin Cassidy Mitzi Thomas AGENDA LOCAL LICENSING AUTHORITY SPECIAL MEETING WEDNESDAY, MAY 16, 1990 10:00 A.M. ABSENT: Larry Eskwith SWEARING IN OF gW9-MRMBRR',i MITZI THOMAS, w/second member selection occurring 6-5-90 meeting of Council, 1. Consideration by the Board of the following modifications of premises: a. Red Lion Inn, Inc., dba, the Red Lion Inn Restaurant b. Up the Creek Bar and Grill, Inc., dba, Up the Creek Bar and Grill c. Woo's Co., Inc., dba, the May Palace Restaurant d. Sweet Basil, Inc., dba, Sweet Basil e. Lancelot, Inc., dba, the Lancelot Restaurant f. M.E.L. Enterprises, Inc., dba, David's Deli 2. Consideration by the Board of a manager registration for Steven Satterstom, Inc., dba, Satch's Restaurant at the Clubhouse - Dennis Michael Wilcox. 3. PUBLIC HEARING - Consideration by the Board of an application for a Special Events Permit, Malt/Vinous/ Spirituous Beverages, by the Vail Valley Foundation, a Colorado nonprofit corporation, in conjunction with Eurofaire, on July 6, 7, and 8, 1990, from 8:00 A.M. to midnight daily, at the location of Gerald R. Ford Park, 530 South Frontage Road East, Vail, Colorado. Officers for this event are as follows: President - Robert L. Knous Event Manager - Melodee Kennington 4. PUBLIC HEARING - Consideration by the Board of an application for a Special Events Permit, Malt/Vinous/ Spirituous Beverages, by Vail Alpine Garden, Inc., a Colorado nonprofit corporation, dba, the Vail Alpine Garden, on July 1, 1990, from 10:00 A.M. to 3:00 P.M., at the location of Gerald R. Ford Park, 530 South Frontage Road East, Vail, Colorado. Officers for this event are as follows: President - Helen S. Fritch Events Manager - Helen S. Fritch Continued to 6-13-90. Continued to 6-13-90. Continued to S-29-90. Continued to 6-13-90. No anticipated change. No anticipated change. Unanimously approved. Application withdrawn. Unanimously approved. 5. PUBLIC HEARING - Consideration by the Board of a 1007 Unanimously approved. transfer of ownership of the Hotel/Restaurant Liquor License currently held by Cascade Lodge Hotel/Mansfield) Ltd./Nail Ventures, Ltd., dba, ttie Westin Hotel - Vail, to Hotel Food Co., dba, the Westin Hotel - Vail, at the: location of 1300 Westhaven Drive, Vail, Colorado. The officers, directors, shareholders, and registered manager are as follows: a. President/33-1/3~ Shareholder/Director - Laurel Ames b. Secretary-Treasurer/33-13~ Shareholder/Director - Frank Freyer c. 33-1/3~ Shareholder/Director - Herbert A. Meistrich d. Registered Manager - Laurel Ames Unanimously approved. LOCAL LICENSING AUTHORITY SPECIAL MEETING MAY 16, 1990 PAGE TWO 6. PUBLIC HEARING - Change of class of of liquor license Application withdrawn from Hotel/Restaurant to Tavern for JWT 1987 Limited Partnership, dba, the Vail Hotel and Athletic Club. 7. Consideration of the Board of administrative detail regarding the following licensees: a. Notification of Optional Premises use by Vail Food Services, Inc., dba, as the following licensees: 1) Golden Peak Restaurant 2) Frasiers at LionsHead/Trail's End b. Eagle Restaurant Corp., dba, Cyrano's - Corporate Structure Change c. Gary Haubert/Steve Buis, ETAL, dba, the LionsHead Bar and Grill - Settlement of Estate d. Koumbaros, Inc., dba, CJ Capers - Late March STAR 8. Notification of the Board of recent renewals: a. J.S. Ho, Inc., dba, Szechwan Lion Chinese Restaurant b. Sonnenalp Properties, Inc., dba, the Sonnenalp Restaurant c. Off the Wall Investments, Inc., dba, Clancy's 9. Any other matters the Board wishes to discuss. So notified. Larry to follow up with procedure for applicant. Letter of concern from Board re:time delay. Board to review April submittal prior to calling S/R Hearing. 5-29-90 Unanimously approved. Unanimously approved. Unanimously approved. a. Scheduling of a special meeting for the transfer Set for 10:00 A.M., of the Hotel/Restaurant Liquor License currently Tuesday, 5-29-90. held by M.E.L. Enterprises, Inc., dba, David's Deli - Tuesday, May 29, 1990. ( \b~ 1 ~ ,S ~S ~uc c t ~~ ~.~ ~ ~. c ~~ - _~,1 ~~~ ~. ~' x~,~. cz~~t.. Q~tn 4~- ~iS~-I . c"'~d~..~~a~.tn~.wt ~ud.t~ °~ 0°"G~mwn.g~n May 15, 1990 Town Managers: Bill James Ron Phillips Bill Sweeney ~EC'4 MAY 17 199u Please be advised that the Channel 23 Board is planning to move the offices of the channel down valley. The space that the channel currently leases is no longer adequate due to the substantial increases in programming. Our decision for considering another location is based upon the need to upgrade the studio, improve the signal transmission and obtain a larger space for a reasonable lease. All of these requirements can be met with a down valley location. The Board .feels that all decisions need to be prudent and fiscally conservative due to the public status of the channel. We are open to any suggestions from the town managers. Please feel free to contact me or any Board member regarding the move. The current plan is to obtain a new location some time this summer. Sincerely, ~\ ~~JW Re O'Brien President ®,_ 5 .~ ~ ya cvs ~ i -~ _ ~-- _ ~ ~~ SPORT MARKETING & MANAGEMENT 1990 VAIL VILLAGE CRITERIUM BUDGET Income: Sponsors Vail Assoc,/Am. Airlines 10,000 ~ h~ 50D ~ CQ6 ~ ~ ~ ~~ Qua ' d,SOd' Town Of Vail 10,000 "~"~' ~ ~ k~- Entry Fees 5,000 (100 X &50) ~~"g ~. $25,000 Expenses: Prize Money (minimum) $ 10,000 Primes Airline Ticket Trade Insurance 750 $10,750 Race Expenses: Marshall T-shirts 75x6 Start/Finish Banner Rider Numbers Permit Fees Police, Public Works 450 750 350 150 In Kind Trade/down of Vail $1 ,700 Equipment Rental Sound System 350 Computer Results/Foro Finish Camera 300 Staging Truck 500 $1,150 Administrative Expenses: Office Expenses 1,000 Contract Fee 2,500 USCF Permit Fee 25 USCF Officials Fee 600 USCF Fee (6~ of Prize Money) 600 Est. Milage USCF officials 360 Advertising 1,500 Awards 500 Photography 400 Announcer 300 PR/Artwork 750 Miscellaneous 1,000 $9,535 TOTAL $23,1.35 Optional Items: Rider T-shirts 100x6 $ 600 Water Bottles 200x2.50 500 Corporate Offices: Post Office Box 477 Vail, Colorado 81658 Telephone: 303/949-5710 / 949-5199 FAX 303/949-5050 23911 Dory Drive, Suite 1500 Laguna Niguel, California 92677 Telephone: 714/493-3947 .,_ -~ ~_ ~~r SPORT MARKETING & MANAGEMENT 1990 EUROFAIRE CRITERIUM BUDGET Income: Sponsors Entry Fees Miscellaneous Total Expenses: Prize Money (minimum} Automobile (giveaway) Ins. (Hole-in-One Type) Race Expenses: Marshall T-shirts 75x6 Start/Finish Banner Rider Numbers Race course set-up & strike Permit fees Equipment Rental Sound System Computer Results & Foto Finish Camera Administrative Expenses: Office Expenses Contract Fee USCF Permit Fee USCF Officials Fee USCF Fee (6~ of Prize Money) Est. Mileage USCF officials Miscellaneous ~ ``~ ~.v~c,~lddC~ ~" Z U ~. ~ ~, 5'ae - as-v~-~ a SD 0 - ,~-t°-d~U- ,~~ ~, ~ ? $ 25,000 5,000 (100 x $50) $~s~.ou~ 10,000 Sponsor Trade TBD -~ ~$10,000~ 450 750 350 2,000 100 In kind Trade/'Town of Vail 350 300 500 2,500 25 600 600 360 1,000 $~ 3,650 C$ 650? ~$ 5,585 TOTAL ~a:~2 ; l6(TJ -~--- Optional Items: Rider T-shirts 100x6 Water Bottles 200x2.50 Awards-Allowance 600 500 500 Corporate Offices: Post Otfice Box 477 Vail, Colorado 81658 Telephone: 303/949-5710 / 949-5199 FAX 303/949-5050 23911 Dory Drive, Suite 1500 Laguna Niguel, California 92677 Telephone: 714/493-3947 . ~_ . ~ ~_ ~~r ~o~~~ MARKE>-ING & MANAGEMEN7- EVENT: VAIL VILLAGE CRITERIUM DATE: Friday July 6th, 1990 U.S.C.F. PERMIT #90-0394 APPLICATION APPROVED BY: Yvonne Van Gent PROMC7rED BY: U.S. Sports Cycling / Vail Colorado REGISTRATION: Field limited to 125 Riders s ~~ ~ o ~ ups ~ r LOCATION: Vail Village, Vail Colorado. Take Interstate 70 to the Vail exit. For parking information call 476-PARK. GENERAL INFORMATION: 50 lap Criterium, with a $10,000.00 purse. The Vail Village Criterium is open to all Category A, Sr. 1 & 2 Pro Men. ENTRY: $50.00 per U.S.C.F. licensed racer. This includes a $1.00 U.S.C.F. insurance charge and a $2.00 BRAC charge. There will be an additional $5.00 charge for unattached riders, and a $5.00 fee for all entries post marked after June 26, 1990. Make checks payable to U.S. Sports, Inc. and send with entry form to: U.S. Sports, Inc. P0. Box 477 Vail, Colorado 81658 REGISTRATION: Competitors' registration will be held Thursday, July 5th, 1990, noon to 6:00 pm at a site to be determined at a later date. Call (303) 949-5199 for Location There will be no registration Friday July 6th, 1990 race day. The Vail Village Criterium is limited to 125 riders. There is no minimum number of riders. STARS TIMES AMID PRIZES: Class Start Time Distan e #of Prizes Cat. A Sr. 1&2 10:00 am 50 mi. 50 laps 20 places $2,500 1st The Vail Village Criterium will be run rain or shine. There is no alternate date. All U.S.C.F. rules will be inforced. There will be a free lap rule for legal mishaps. Lapped riders will be pulled at the discretion of the chief referee. COURSE: The Vail Village Criterium is the same course that was used by the Coors Classic the last year it was held. It is a 50 mile, 50 lap course with a 125 foot elevation gain per lap. For more information call U.S. Sports, Inc, at (303) 949-5199. Corporate Offices: Posi Office Box 477 Vail, Colorado 81658 Telephone: 3031949-5710 ;' 949-5199 FAX 303; 949-5050 23911 Dory Drive. Suite 1500 Laguna Niguel. California 92677 Telephone: 714%493-3947 lowo 75 south frorrtage road veil, Colorado 81657 (303j 479-2100 office of mayor May 29, 1990 Mr. Andy Wiessner Kogovsek & Associates, Inc. 1420 Trinity Place 1801 Broadway Denver, Colorado 80202 Dear Mr. Wiessner: During the May 21, 1990 debate concerning the Tennenbaum land exchange you made an allegation which is of grave concern to the Vail Town Council and which must be clarified for the benefit of all involved in the issue. In reference to the apparent unavailability of one of the parcels proposed for the land exchange, you alleged that someone in Vail had coerced or pressured one of the owners to change their mind about the exchange agreement. As you know, we received a letter from Mrs. Queeda Mantle Walker, one of four owners of the Mantle property, which stated the Mantle property was not for sale. This, of course, contradicts your contention that the owners of each proposed parcel were committed to the deal. Your inference that a Town Counciimember, or any other party opposing your proposal, pressured Mrs. Walker into writing this letter is absurd., We ask that you retract this false allegation, in writing, based on the actual facts of the situation. You are inevitably aware of these facts, however, I will clarify them once again: Possible problems regarding the availability of the Mantle property were brought to our attention by Mr. Lou Livingston, a part-time Vail resident, following Vail's first public meetings concerning the Tennenbaum proposal. Mr. Livingston indicated he had learned from a conversation with Mrs. Walker that she knew nothing about the Tennenbaum's possible purchase of the Mantle Ranch, to be exchanged for land in Vail. Mr. Andy Wiesner May 29, 1990 Page 2 Because her statement did not match the information you had given the Town Council publicly, we felt it was important to have Mrs. Walker give us that information in writing. Her first letter, a copy of which you have, was written at Mr. Livingston's request to Vail Town Manager Ron Phillips. Ron Phillips made contact with Mrs. Walker by telephone the week before the May 21 Eagle County Environmental Alliance debate to try and clarify the matter further. The result of that telephone conversation was her second letter, copies of which were handed out at the debate. Since that time, Ron Phillips has also talked with Mr. Tim Mantle by telephone in an effort to further clarify the Mantle family's position. I must emphasize that at no time did the Town of Vail contact a member of the Mantle family, or any other owner, in an effort to change their mind about making their land available. Our only interest and only discussions have been an effort to determine the facts in this case and to clarify what their actual position is regarding the disposal of their property. Again, we resent your allegation that we have worked to change anyone's mind, and request that you clarify the facts in this matter to the Town Council and the news media. Sincerely, Kent R. Rose Mayor KRR/bsc ROBERT F. KROHN 1427 SOUTH 85 AYE. OMAHA, NE. 68124 Apri121,1990 Mr. Ron Phillips, Town Manager Town of Vail Vail, Colorado 81657 Re: Proposed Vail Valley Cultural Arts Center Dear Ron , The following observations are made for the Town's consideration for the proposed Cultural Arts Facilities in the Vail Valley. I am trying to address the technical aspect of the facility as well as the Valley questions and the donors concerns. Permit me to address them in that order and then I will recommend some actions for the Town of Vail to consider. JONES & PHILLIPS' PROPOSAL FOR THEATRICAL CONSULTING SERVICES: 1. HDR, my previous employer, worked with Jones & Phillips on three previous performing arts projects. I have no personal experience with them and have not checked their references beyond HDR. 2. There are three uses proposed for the Center; Performing Arts, Visual Arts Gallery and Conference/ Meeting Facilities. The center should be considered a multi_t~gfacility and not a shared use ie. Dobson Arena. 3. The Performing Arts, "Performance Hall" portion is probably the most unique for design, construction and operation, It therefore seems reasonable to look at the feasibility, cost, etc before integrating the other uses. Also, the initial donor has highlighted an interest in the Performing Arts. 4. The "Performance Hall" is a total unit in concept and can be used in a number of potential configurations. (would in fact encourage the Architect to provide 2-3 concepts of the center. 5. Jones & Phillips will need an Architect for collaboration during the initial phase of the project. It would be good to have an Architect with theatre experience and also in Vail. I do not know whether one exists. The options are to use a Vail Architect or have Jones & Phillips work with one of the firms close to them and knowledgeable of this type of facility and have asked Van Phillips for a cost estimate. I have not talked to the Vail Architect who has worked with Nerb but I intend to do so as soon as possible. The Town should understand that there is a risk in proceeding with this study as there are two major areas still needing action. The principal decisions in the Valley still need to be made and the agreement developed for the donor and a Vail entity. My comments concerning these two issues are based on my observations, phone calls and visits when I was in Vail last month. Obviously, there are probably some discussions and actions of which I am unaware. VALLEY DECISIONS: A. Deciding the Yail or Beaver Creek issue. There is now planning and discussion concerning two "Cultural Arts Facilities" in the Palley. Unfortunately, both are in the embryonic phase with nothing to compare. Based on my discussion's and phone calls, the two proposed facilities have very tittle in common. There is concerns that the plans are competitive, however they may well turn out to be complimentary and together with the Gerald R. Ford Amphitheater provide the Valley a needed asset for its continued growth. It is not unusual to have competitive issues early 1n development. All parties seem willing to resolve overlapping issues, however there is no process established to resolve the issues. The Consultants will address the site issue in Vail and Beaver Creek and hopefully this will help in discussing the site issues. I have asked Yan about their experience with Summer Theatres and the feasibility for Beaver Creek. Based on that discussion, he has included an item in the proposal, (A.1 d). Beaver Creek with available Summer housing could host a resident group with the facility available for other entertainment in the busier Winter season. Van has some ic~as on this and how they relate to a University. if this is economically and technically feasible then with Yail Associate's approval it may be a win-win situation for the Arts and the Valley. Obviously, this will take some time and reliable information to discuss with the key participants. B. The owner-managing group still needs to be decided. I still feel a Separate Board under the Vail Palley Foundation is the most viable. The Foundation is the only group with a track record in the Valley. This will take some time to evolve, however the leaders will all be in Vail this Summer and perhaps this idea can be pursued further. The new Foundation President selection will have some impact on the viability as there will need to be some interest in the Arts for it to work. I do think the Foundation must have the Chairman and a majority of the Subsidiary Board. The other members should be Arts oriented. This would also help the Foundation expand Its scope in other Valley activities. If this is not done there will be other non- profitgroups initiated to address the Arts question and others which the Foundation may not choose to aggressively pursue. This would not be an unusual move as it happens in most other communities as they grow and mature. The unique characteristics of the Valley cause me to think an expanded role for the Ysil Valley Foundation is preferable at the present time. DONOR AGREEMENT: Finally, I have called Herb Wertheim to discuss this proposal and the potential for his sharing one half of the front end costs. He said he is not interested in providing dollars up front. He feels the Town of Yail or other interested local parties should provide the front end money and become more aggressive in pursuing the project if they want his Foundation's participation. Again because of the Valley's young age there is no group organized and capable of receiving a major contribution like Dr. Wertheim's. There are usually groups out aggressively seeking funds and react immediately when an unexpected benefactor appears. The existing situation is unfortunate but understandable. It 1s my understanding there 1s no written agreement for the agreement and no formal actions have been taken by any Palley entities. Herb and I have discussed this subject at length. He has now left for Europe for a month. I told him of my plans and told him I would mail his office this letter along with the consultants proposal. He is also aware of, in general terms, the actions called for in this letter. PROPOSED PLAN OF ACTION; Based upon the information I have available, I recommend the Town of Vail consider the following plan of action: 1. Consider a resolution by the Town stating their interest in a Cultural Arts Center that may contain, a. A Performing Arts Hall, b. Gallery spaces for the Visual Arts, and c. Conference and meeting space for the future. Acknowl~ge Dr. Wertheim's Foundation has offered a one million dollar donation for the facility if certain conditions are met. Also, you should make reference to previous marketing studies completed for the Conference Center and the need to closely coordinate management and use with the Dobson Arena and Gerald R. Ford Amphitheater. 2. Consider accepting and funding the proposed consultant contract of Jones & Phillips. There are two copies of the proposal between the Town of Yail and Jones & Phillips Associates, Inc. for first phase Theatrical Consulting services. The cost of these services are $10,920 plus four man trtps to Yail, say $1,000 each. There will be Conceptual Architectural services required and probably some miscellaneous costs. I think you should plan on the $30,000 total that I estimoted os cosh flow requirements to October 1 ,1990. 3. Officially designate a person to meet with George Gillett, owner- Vail Associates, and Harry Frampton, Chairman of the Board- Ya11 Palley Foundation, to start a formal dialogue on the Valley issues identified in this letter and set a schedule to make the ~cisions no later than October 1 ,1990. 4. Write a letter and mail a copy of the Town's action to Dr. Wertheim along with a request for the need to enter into a written agreement for his offered contribution of $ t ,000,000. I will help you as much as possible by phone. My time through Julyl 41s tight but may be able to squeeze in a short trip if you desire. We do plan to spend a week there the end of July. I think the facility is desirable and will be needed desperately in the near future. A copy of this letter and the Jones & Phillips letter has been mailed to Georg Gillett, Harry Frampton and Herb Wertheim so everyone will be aware of the items being discussed. Best Wishes for a great Summer and pass on my regards to the other Town of Vail staff. I really enjoyed working with them during for the World Alpine Ski Championships. Sincerely, ob Kro JONES & PHILLIPS ASSOCIATES, INC. THEATRICAL CONSULTATION AND DESIGN 534 S. Seventh Street Lafayette, Indiana 47901 (317) 423-1123 or 742-6481 SERVICES AND CONTRACT PROPOSAL Project Title: Vail Valley Cultural Arts Center Owners Town of Vail Vail, Colorado Project Director: Mr. Ron Phillips Town Manager Jones and Phillips Associates, Inc. (Theatrical Consultant) are pleased to submit the following proposal for theatrical consulting services to be rendered for the Town of Vail (Owner) in connection with the new Vail Valley Cultural Arts Complex being planned for Vail, Colorado. A. Services to be Rendered - General Description ~1. Programming and Program of Uses a. Provide on-site reviews of the existing facilities and their theatrical equipment systems for evaluation related to needs and relationships to the proposed Vail Valley Cultural Arts Center. b. Attend public and private sessions for Town of Vail and the Vail Valley Foundation or their designated representatives on the potential future usage of the complex of spaces. c. Establish a program of arts uses and groups that would use the facility. Analyze the potential for arts and other programming and the < ability to provide revenue for the operation of the complex. d. Investigate potential summer operations in Vail Valley that could help establish a permanent relationship between the community and a theatrical producer. We will describe the method of operations in relationship with .the Vail Valley Cultural Center. e. Provide input to help determine the operating costs of the complex. f. Provide input to help establish management for the facility and a logical owner/operations management arrangement. q. Assist the Town of Vail in the programming of the Vail Valley Cultural Arts Complex and the requirements needed to assist in the proper function of the facility, equipment, and to evaluate potential performance aspects of the facility for the Owner. 2. Architectural a. Consultation and recommendations relating to the interior and exterior design of the proposed Vail Valley Cultural Arts Complex and related support spaces including: stages, stage floors, fly lofts, wing spaces, orchestra pits, and stage traps; lighting positions, lighting catwalks, lighting control and projection booths; lobbies, ticketing, and audience spaces, backstage traffic patterns including personnel and material flow paths; storage areas, and loading and unloading spaces; seating and sightliness stage arrangements (portable and permanent); portable seating; orchestra pit covers; dressing and assembly areas, "stage door" entrances, actors', musicians' and stagehands' areas; and lobby audience control. b. Review of adjoining areas, particularly those intended for usage with the performance areas such as conference and meeting spaces, exhibit areas, art areas and galleries, storage areas, equipment rooms, projection booths, dressing rooms, loading and unloading spaces, and light booths. c. Transmit recommendations and suggested specifications via conferences, letters and sketches to the Owner to be coordinated with other aspects of the project. 3. Stage Rigging and Structural Systems a. Select the desired theatrical stage rigging and potential drapery systems and design the layout of rigging elements for the complex. b. Furnish cost estimates for the selected stage rigging elements. 4. Stage Lighting and Electrical Systems a. Plan stage and performance lighting arrangements for distribution of branch circuit locations. b. Plan lighting control systems to be compatible with the production lighting design for performance functions in the Theatre. c. Furnish cost estimates of the selected stage lighting and dimming systems. 5. Orchestra Pit Covers and Portable Staging a. Plan orchestra pit covers as required for the stage area design. Plan any required portable staging for use anywhere in the complex of spaces. c. Furnish cost estimates of the selected orchestra pit covers and portable staging elements. 6. Architectural and Engineering Services a. It is assumed that any architectural or engineering services required will be furnished by the Owner and the cost of same are not included in this proposal. Such services include professional certification of such items as site evaluation, soil conditions, mountings, and attachments of structural members, and that all normal architectural and engineering design services are provided by others. b. If it is deemed necessary for any such architectural or engineering services to be furnished under this consultation agreement, they will be provided as an extra service at cost. 7. Time Table The following time table is proposed to meet the October 1, 1990 time frame being considered as the "Go/No Go" Deadline: Meetings at Vail with Local Representatives May 7, 1990 or for three days the week of: May 14, 1990 Work on the programming recommendations: May 7, 1990 to June 20, 1990 Presentation of DRAFT recommendations by mail: June 22, 1990 Work on the final programming and operations budgeting: Fresent final program recommendations: Work on a schematic design concept: Present final program and schematic design: Local review of the program and schematic design concept: July 9, 1990 to July 20, 1990 July 23, 1990 July 24, 1990 to August 24, 1990 August 31, 1990 August 31, 1990 to September 30, 1990 Go/No Go Deadline for the Town of Vail: October 1, 1990 B. Comaensation for Services Rendered 1. Professional Services a. Services of Ted W. Jones and Van Phillips, principals of the firm, per hour: $ 95.00 b. Services of associates of the firm,• per hour: ~ $ 60.00 c. Services of junior associates and draftspersons, per hour: $ 35.00 2. Reimbursement for the following expenses: a. Long-distance telephone calls. b. Postage and express shipments. c. Drawing and specification reproduction. d. Travel and living expenses incurred in the performance of services at locations other than the business addresses of the Theatrical Consultant. Whenever possible, travel expenses will be shared with other projects in the same geographical area. e. Other expenses incurred with prior approval. 3. Billing and Payment Interval a. The Theatrical Consultant will invoice the Owner once each month for services rendered during the previous thirty (30j days. b. Payment will be due within thirty days of the submission of each invoice. c. Interest will be charged at 1.5 percent per month on amounts due and not received. 4. Maximum Professional Fees a. Fees for professional services will be calculated using the hourly rates stipulated herein. Fee charges for travel time will be made only during normal working hours. Time spent enroute or during layovers which occur before or after the normal working day will not be billed. b. Total professional fees through completion of work described, and excluding reimbursable expenses, will not exceed $ 10,920.00. Total manpower breakdown is attached as Example "A" (See calculations based on time expenditure). c. Reimbursable expenses are to be billed at cost. All travel will be authorized by the Owner. d. Every effort will be made to limit the fees and expenses to a minimum amount consistent with consulting services in the best interests of the Owner. Only hours worked and expenses incurred will be billed. The Owner is not responsible for payment of any unused balance left in the contract at the conclusion of the project. e. The hourly rates and maximum fees expressed in this proposal apply to services rendered through the calendar year 1991. Hourly rates and maximum are subject to negotiation for services rendered after 1991. 5. Additional Consultation. Any additional consultation specifically requested but not included in the scope of this proposal will be billed at the standard hourly rates stipulated herein. Additional trips specifically requested but not included in Example "A" (attached) will be billed at cost as stipulated in the note in Example "A". C. Other Terms 1. The Theatrical Consultant's services shall be performed in character, sequence and timing so that they may be coordinated by the Owner with other consultants for the project. 2. The Theatrical Consultant shall recommend to the Owner the obtaining of such investigations, surveys, tests, analyses, and reports as may be necessary for the proper execution of the Theatrical Consultant's services, provided however, that the Theatrical Consultant assumes no responsibility for recommending structural, electrical or any other investigations or tests not pertaining to the theatrical aspects of the Project. ~ , 3. The Consultant shall provide progress copies of drawings, reports, specifications, and other necessary information to the Owner and other consultants. The Consultant shall become familiar with the work designed by the Architect as necessary for the proper coordination of the Consultant's part of the Project. 4. The Consultant shall cooperate with both the Owner and Architect in determining the proper share of the construction budget to be allocated to the Consultant's part of the Project. 5. Termination a. This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its termts through no fault of the party initiating the termination. In the event of termination, not the fault of the Theatrical Consultant, the Theatrical Consultant shall be compensated for all services performed to termination date, including work in process, together with reimbursable expenses then due. b. This Agreement is terminated if and when the Agreement between the Owner and the donor for the design of the Project is terminated or in the event that the Project is permanently abandoned. The Owner shall promptly notify the Theatrical Consultant of such termination. The Theatrical Consultant shall be compensated for all services and expenses, including work in process, performed to the date of notification, together with reimbursable expenses then due. 6 . Insurance a. The Theatrical Consultant's responsibility is not limited by its insurance . b. The Theatrical Consultant, before his work is commenced and at his sole cost, shall provide insurance in the amounts and types as follows: (1) Worker's Compensation covering all employees of the Theatrical Consultant perforning services under this Agreement and complying with all laws of the State where the Project is to be performed. (2) The Theatrical Consultant will provide an umbrella liability policy which combined with the primary insurance will provide a limit of not less than One Million Dollars ($1,000,000.00),in general liability. (3) The Theatrical Consultant will provide a professional liability policy of not less than Five hundred thousand dollars ($500,000.00) covering their specific work. c. Upon request, the Theatrical Consultant shall furnish the Owner with certificates or other documentary evidence that the Architect may require showing the insurance to be carried in accordance with the requirements set forth in Paragraph 12. Such certificates shall provide that thirty (3@) days written notice shall be given to the Owner prior to the effective date of any cancellation of any policy. 7. Non-discrimination Procedures a. During the performance of this Contract, the Theatrical Consultant agrees that he will not discriminate against any employee, or applicant for employment because of race, color, religion, sex, affectional orientation or preference, national origin, ancestry, age (except in compliance with age requirements of retirement plans or state and federal laws and regulations), marital or familial status, handicap, unfavorable discharge from the military, or status as a disabled veteran or veteran of the Vietnam era. b. No person in the United States shall, on the grounds of race, color, religion, sex, affectional orientation or preference, national origin, ancestry, age, marital or familial status, handicap, unfavorable discharge from the military, or status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied proceeds of, or be subject to discrimination in the performance of this contract. This document is the entire Agreement between the Owner and the Theatrical Consultant. Changes or additions in this Agreement must be in writing and must be signed by both the Owner and Theatrical Consultant. If this Agreement is satisfactory, please sign, date, and return one copy to us as our authorization to proceed. Respectfully submitted: Accepted by: Jones and Phillips Associates, Incorporated Date GrPRlG l % / l9 O Town of Vail Date Secretary-Treasurer MANPOWER BREAImUWN FOR THEATRICAL CONSULTING SERVICES PROJECTS Vail Valley Cultural Arts Complex DATE: April 16, 1990 sssssssssssssasssssssssasssss:ssmsssssssasssssssssssssssssasassssm:ssssssssa Professional Services: PHASE I I. Services of the principals, per hour: Phase: Programming with Client Schematic Design Design Development Construction Documents Total Principals Hours and Fees II. Services of the associates, per hour: Phase: Programming with Client Schematic Design Design Development Construction Documents Total Associates Hours and Fees III. Services of the junior associates, per hour: Phase: Programming with Client Schematic Design Design Development Construction Documents Total Junior Asscoiates Hours and Fees TOTAL PROFESSIONAL FEES FOR PROJECT: $95.00 Req. Hours 40 24 0 0 64 $60.00 Fees $3,800.00 $2,280.00 $0.00 $0.00 $6,080.00 Req. Hours Fees 40 $2,400.00 8 $480.00 0 $@.00 0 $0.00 ------------ 48 ------------ $2,880.@0 $35.00 Req. Hours 24 32 0 0 56 Fees $840.00 $1,120.00 $0.00 $0.00 $1,960.00 $10,920.00 All reimbersable expenses are billed at cost. May 20, 1990 Mr. Kent Rose and Members of the Town Council Town of Vail 7 5 S . Frontage Road Vail, CO 81657 Dear Kent and Council Members: ~~~ ~ MAY 2 21990 Enclosed is a copy of a proposal that I am making to Stan Berryman to meet the summer parking needs of the Sitzmark Lodge. While the Town staff has located a substantial number of additional parking spaces surrounding the core area, the spaces that have been identified are not at all convenient for guests at the Sitzmark. While I understand the need to close the Village Transportation Center to summer parking, I am sure that it will have a significant effect on businesses in the Village core. I would hope that the Town staff will consider all plans that maximize the use of the limited parking spaces that we have in the core area, not just for the Sitzmark Lodge but for all Village businesses. Sincerely, Robert F. Fritch Owner Year Around Resort Lodging 183 Gore Creek Drive • Vail, Colorado 81657 • (303) 47Cr5001 r /~ Sitzmark Lodge May 20, 1990 Mr. Stan Berryman Director of Public Works & Transportation Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Stan: I have reviewed the town parking plan for this summer as it relates to the needs of our guests at the Sitzmark Lodge. While the Town is providing temporary parking spaces to meet the needs of employees and businesses, none of these temporary spaces are located within a reasonable distance of the Sitzmark Lodge from the standpoint of our overnight guests. To review our problem: In the last few years, we have made additions to the Sitzmark which, by ordinance, have required additional parking spaces. Since we are located in Commercial Core I, these spaces could not be provided on the property, again by ordinance, and we have paid $63,790 into the Town's parking fund. During the summer season, when our parking needs are greatest, we send some of our guests a block away to park overnight at the Transportation Center. This summer we will not have that convenience. I would like to propose an alternate parking plan that would be convenient for Sitzmark Lodge guests and that would not interfere with other daytime visitor parking for Commercial Core I: The loading zone on the west side of Willow Bridge Road is usually empty late at night. In the evening it is often used for restaurant parking, and cars parked there are sometimes ticketed, sometimes not. I am proposing that Sitzmark Lodge guests cars (with appropriate identification visible on the dashboard) be allowed to use these empty spaces at night without the risk of being ticketed. Our maximum need for overflow parking is seven spaces, although we rarely use more than five. If my plan is approved, we would Ysar Around Resort Lodging ~~ 183 Gore Creek Drive • Vail, Colorado 81657 • (303) 476-5001 ~°"~ Sitzmark Lodge Mr. Stan Berryman, Town of Vail May 20, 1990 Page 2 tell our guests at the time of check-in to fill our garage first and to park on the street only if we have no spaces left. For the most part, we would use space on the street only at night since summer guests depart fairly early in the morning. Our orange parking pass on the dashboard would easily identify overnight guest cars. It will not be necessary for our employees to use any of the temporary summer. parking set up by the Town. We are able to double park employee cars on our own property. Please call me with any questions you may have about this proposal. For the convenience of our guests, I feel that it is important to consider creative and flexible approaches to maximizing the usage of parking spaces that are available within the core area . Sincerely, ~~ Robert F. Fritch owner cc. Mr. Ron Phillips Members of the Town Council