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HomeMy WebLinkAbout1992-02-04 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 4, 1992 7:30 P.M. AGENDA 1. Ten Year Employee Recognition. * Martha Raecker, Community Relations 2. CITIZEN PARTICIPATION. 3. Ordinance No. 2, Series of 1992, first reading, an ordinance requesting a major amendment to Phase IV-A of Special Development District No. 6, Vail Village Inn; located at 100 East Meadow Drive/Lot 0, Block 5-D, Vail Village First Filing. Applicant: Josef Staufer. 4. Resolution No. 2, Series of 1992, designating the President's Holiday Weekend, February 15, 16, and 17, 1992, as the 12th Annual Smokeless Weekend. 5. Resolution No. 3, Series of 1992, a resolution opposing the enactment of Senate Bill 101 in the Colorado General Assembly concerning the change of condominiums from residential to commercial for tax assessment purposes. 6. Appointment of four Planning and Environmental Commission Members. 7. Appointment of three Art in Public Places Board Members. 8. Appointment of two Vail Valley Special Events Committee Members. 9. Ratification of Articles of Association of The Northwest Colorado Council of Governments. 10. Adjournment. CAAGMAM VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 4, 1992 7:30 P.M. EXPANDED AGENDA 7:30 p.m. 1. Ten Year Employee Recognition. Ron Phillips * Martha Raecker, Community Relations 7:45 p.m. 2. CITIZEN PARTICIPATION. 7:50 p.m. 3. Ordinance No. 2, Series of 1992, first reading, an ordinance Mike Mollica repealing and re-enacting Ordinance No. 19, Series of 1991; to provide for the amendment of the approved Development Plan for Special Development District No. 6; adopting a revised Development Plan for Phase IV-A of Special Development District No. 6; and setting forth details in regard thereto. Action Requested of Council: Approve/deny/modify Ordinance No. 2, Series of 1992, on first reading. Background Rationale: The Planning and Environmental Commission, at their January 13, 1992, public hearing, recommended approval of the major SDD amendment to Phase IV-A of Special Development District No. 6, Vail Village Inn; located at 100 East Meadow Drive/Lot 0, Block 5-D, Vail Village First Filing. Applicant: Josef Staufer. Staff Recommendation: Staff recommends approval of the SDD amendment request per the staff memo. For background information, please see the Community Development Department staff memorandums dated June 24, 1991, July 16, 1991, January 13, 1992, and January 21, 1992. Also included in the packet is Ordinance No. 19, Series of 1991, which approved Phase IV-A. 8:35 p.m. 4. Resolution No. 2, Series of 1992, a resolution of the Town Susan Scanlan Council designating the President's Holiday Weekend, February 15, 16, and 17, 1992, as the 12th Annual Smokeless Weekend, and setting forth details relating thereto. Action Requested of Council: The Council is requested to consider and approve Resolution No. 2; Series of 1992. - Background Rationale: The Smokeless Weekend began as an effort to raise the public awareness of the pollution caused by woodsmoke. As public awareness has grown over the years and continues to grow, it is important to continue to emphasize that while we are making progress on the air quality front, there is still room for improvement. Staff Recommendation: Approve Resolution No. 2, Series of 1992. 1 8:45 p.m. 5. Resolution No. 3, Series of 1992, a resolution opposing the Ron Phillips enactment of Senate Bill 101 in the Colorado General Assembly concerning the change of condominiums from residential to commercial for tax assessment purposes. Action Requested of Council: Approve/modify/deny Resolution No. 3, Series of 1992. Background Rationale: S.B. 101 would change condominiums from residential to commercial for tax assessment purposes if used in a rental pool. We fear this would cause many condo owners to remove them from rental pools creating a lower bed base and less sales tax. Staff Recommendation: Approve Resolution No. 3, Series of 1992. 8:55 p.m. 6. Appointment of four Planning and Environmental Commission Kristan Pritz Members. Action Requested of Council: Appoint four Planning and Environmental Commission members from the individuals interviewed at today's work session. 9:00 P.M. 7. Appointment of three Art in Public Places Board Members. Shelly Mello Action Requested of Council: Appoint three Art in Public Places Board members from the individuals interviewed at today's work session. 9:05 p.m. 8. Appointment of two Vail Valley Special Events Committee Pam Brandmeyer Members. Action Requested of Council: Appoint two Vail Valley Special Events Committee members from the individuals interviewed at today's work session. 9:10 P.M. 9. Ratification of Articles of Association of The Northwest Colorado Tom Steinberg Council of Governments. Action Requested of Council: Review amended Articles of Association of the Northwest Colorado Council of Governments (NWCCOG), which were adopted by the NWCCOG Board of Directors at their regular meeting in Granby, December 21, 1991. Background Rationale: These Articles form the basis of the intergovernmental contract between the Counties of Eagle, Grand, Jackson, Pitkin, Routt, Summit, and the 26 municipalities within those Counties, and is a regional planning authority for purposes listed therein. Amendment of the Articles was necessary in order to allow member governments to petition the Executive Committee to appoint alternates, to appoint a non- voting NWCCOG senior staff member to the Northwest Loan Fund Board, and to expand the service area of the NLF to include Rio Blanco County. (See attached resolutions.) The Articles require that in order for this most recent amendment to be effective, it be ratified by a majority of the members of NWCCOG, including the Town of Vail. 9:25 p.m. 10. Adjournment. CAAGENDA.TCE 2 MEMORANDUM TO: Town Council FROM: Mike Mollica DATE: January 21, 1992 SUBJECT: A request for a major amendment to Phase IV-A of Special Development District No. 6/Vail Village Inn ..................,..........................-............................:...........................................................................................................,...v...........:,................:.i:tL.%iih:iii:{ii:%i:~:'.'.iiii:iin On January 13, 1992, the Planning and Environmental Commission (PEC) reviewed Josef Staufer's request for a major amendment to Phase IV-A, of Special Development District No. 6. By a vote of 4-3, the PEC approved a recommendation of approval with conditions. The Planning Commission's recommended conditions of approval are as follows: 1. That all.three employee dwelling units be provided with full kitchens (refrigerator, stove, sink, oven or microwave), and that the dwelling units be permanently restricted as employee units, per Section 18.13.080(B)(10)(b-d) of the Zoning Code. 2. That the applicant provide a pedestrian connection, adjacent to the South Frontage Road, to the Vail Gateway Plaza Building sidewalk. The pedestrian connection shall be subject to the review and approval of the Design Review Board. In addition, the applicant shall provide a pedestrian sidewalk, adjacent to the South Frontage Road, beginning on the west end of the VVI property (where the Gateway sidewalk now ends), and continue the sidewalk east to the western boundary of the VVI Phase III property. This condition of approval shall be subject to the Colorado Department of Highways approval of the sidewalk. 3. That the applicant provide additional landscaping along the northern property line of the Vail Village Inn, as discussed in Section IV(H) of the January 13, 1992 staff memorandum. 4. That the applicant provide screening of the existing trash compactor located immediately to the north of the Pancake House Building. Said screening shall be subject to the review and approval of the Design Review Board. { The three dissenting votes were cast because the planning commissioners felt that the proposed free market dwelling unit should be restricted according to section 17.26.075/Condominium Conversion, of the Town of Vail Zoning Code. c Amike\memos\wftc.115 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 13, 1992 SUBJECT: A request for a major amendment to Phase IV-A of Special Development District No. 6, Vail Village Inn, 100 East Meadow Drive/Lot O, Block 5-D, Vail Village First Filing. Applicant: Josef Staufer Planner: Mike Mollica I. INTRODUCTION AND DESCRIPTION OF THE REQUEST Josef Staufer, owner and operator of the Vail Village Inn, has filed a request for a major amendment to Special Development District No. 6, for his property located at 100 East Meadow Drive. The purpose of this SDD amendment is to allow for modifications to the Phase IV-A portion of the Vail Village Inn SDD. Phase IV-A of SDD No. 6 was approved by the Town Council on July 16, 1991, through the passage of Ordinance No. 19, Series of 1991, (a copy of which is attached at the end of this memorandum). The 1991 approved redevelopment plan included the upgrade and renovation of the "Lobby Building", which currently houses the hotel lobby, the front desk area, and the Coyote Bar, as well as the adjacent "Pancake House Building" to the west. Included in the redevelopment of the Lobby Building was the addition of two residential levels above the existing structure, which were specifically designated as accommodation units (hotel rooms). The final approval for Phase IV-A consisted of a total of 13 accommodation units, comprising 6,681 square feet of GRFA, and three employee restricted dwelling units, comprising 946 square feet of GRFA. The 1991 approval also included a new roof structure for the Pancake House Building, and painting and/or staining of the building to match the remodeled Lobby Building to the east. Fourteen additional surface parking spaces were included in the redevelopment plan, as well as limited landscaping improvements on the hillside adjacent to the South Frontage Road. The current proposal before the Planning and Environmental Commission Includes the following requests: • Conversion of the fourth floor of the Lobby Building to a single, free-market dwelling unit. The 1991 approval for the fourth floor included three accommodation units and two employee restricted dwelling units. The proposed free-market dwelling unit would consist of approximately 2,900 square feet of additional GRFA. 1 • The conversion of the new third floor of the Pancake House Building, from the 1991 approval of two accommodation units and one employee-restricted dwelling unit, to 8 accommodation units. • The conversion of one existing 250 square foot accommodation unit in the Food and Deli building, and one existing 250 square foot accommodation unit on the second floor of the Pancake House Building, to "permanently restricted" employee dwelling units. The employee restriction shall remain in force until such time as either building is redeveloped. • The permanent restriction of a Pitkin Creek Park dwelling unit (Unit #7L), consisting of approximately 800 square feet of GRFA, as employee housing. This results in 14 accommodation units (net increase), comprising 5,915 sq. ft. of GRFA, and 3 restricted employee dwelling units, comprising approximately 1,300 sq. ft. of GRFA. II. BACKGROUND AND HISTORY The staff has provided a copy of the June 24, 1991 staff memorandum to the PEC, as well as a copy of Ordinance No. 19, Series of 1991, as background information for this major amendment to the SDD. 2 r III. ZONING CONSIDERATIONS To maintain simplicity, the following table only outlines the applicant's redevelopment proposal with regard to Phase IV-A, and specifically compares the 1991 approved SDD with the current 1992 proposal: Phase IV-A Only 1991 Approved 1992 Proposed SDD Plan Number of DUs 0.0 1.0 Number of AUs 13.0 16.0 (Net = 14) Restricted Employee DUs On-Site 3.0 2.0' Restricted Employee DUs Off-Site 0.0 1.0.. GRFA - AUs 6,681.0 sq. ft. 5,915.0 sq. ft. GRFA - DUs 0.0 sq. ft. 2,927.0 sq. ft. GRFA - Employee DUs 946.0 sq. ft. 1,300.0 sq. ft. (Approx) Required Parking 16.4 spaces 16.5 spaces or 17.0 spaces or 17.0 spaces Notes: One existing 250 sq. ft. AU in the Food and Deli Building, and one existing 250 square foot AU on the 2nd floor of the Pancake House Building, would each be converted to a restricted employee dwelling unit. The overall net increase in AUs for Phase IV-A would be 14, due to this conversion. " Pitkin Creek Park dwelling unit (approximately 800 sq.ft. of GRFA). IV. SPECIAL DEVELOPMENT DISTRICT CRITERIA The criteria to be used to evaluate the Vail Village Inn redevelopment, Phase IV-A, are the 9 Special Development District (SDD) development standards set forth in the Special Development District chapter of the zoning code. The criteria are as follows: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Only minor changes are proposed to the exterior facade of the Lobby Building and the Pancake House Building with the 1992 proposal. Such minor changes include the addition of some windows on the north and south elevations. All other architectural 3 modifications, as approved in the 1991 proposal, will remain intact and are as indicated ` on the attached elevation drawings. These changes will result in an upgrade of the VVI's architectural design. The painting of the Pancake House and the new roof are designed to match the remodeled Lobby Building. The staff recommends that, as a part of this redevelopment, the existing trash compactor be adequately screened. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The staff is generally supportive of the applicant's redevelopment plan with regard to uses, activity and density. The current SDD amendment proposal includes the addition of 14 accommodation (hotel) rooms and one free-market dwelling unit (located on the 4th floor of the Lobby Building). Although a total of 16 accommodation units (AUs) would be constructed within this new Phase IV-A, a net of 14 AUs would be the final result, due to the conversion of 1 AU in the Food and Deli Building and one AU in the Pancake House Building, to permanently restricted employee dwelling units. The 1991 approval of the SDD included 3 permanently restricted employee dwelling units, all to be located on-site. Two of the employee units were to be located on the 4th floor of the Lobby Building, and the third employee unit was to be located on the new third floor of the Pancake House Building. The current proposal also includes three permanently restricted employee dwelling units. Two of the units, as mentioned above, would be provided by the conversion of existing accommodation units to employee dwelling units. The third restricted employee dwelling unit would be a Pitkin Creek Park dwelling unit, of approximately 800 square feet, currently owned by Josef Staufer. The 1992 proposal also contributes more GRFA (1,300 sq. ft.) to the employee units than the 1991 proposal (946 sq. ft. of GRFA). It is the staff's position that the applicant's proposal for employee restricted dwelling units is very positive. Additionally, staff is also supportive of the applicant's request to add one additional accommodation unit to Phase IV-A and the fact that the mass and bulk of the project will be unchanged from the 1991 approval. The staff does have a concern, however, with regard to the applicant's request for a free-market dwelling ,unit. We are uncomfortable supporting an additional 2,927 square feet of dwelling unit GRFA, specifically dedicated to a free-market unit. The staff would suggest that the applicant be required to abide by the restrictions contained in Section 17.26.075 Condominium Conversion, of the Town's zoning code, which includes rental restrictions and generally provides that condominium units shall be included in the short-term rental market for certain periods of time (see attachment). This rental restriction was placed on Unit No. 30, located in the Phase I building of the VVI, when an additional 3,927 square feet of GRFA was granted for the "Goods" retail space conversion to residential floor area on November 21, 1989. This rental restriction has been consistently required, by the Town, of previously approved mixed-use projects (SDD's) of this type. Two additional examples would include the Garden of the Gods project and the Ramshorn project. Staff can support the request for additional D.U. GRFA, with the rental restriction, because we believe there are certain public benefits to be gained by the 4 redevelopment of this Phase of the VVI. Please refer to Section V of this memorandum for a complete listing of the proposed improvements. As further explained in the attached June 24, 1991 staff memorandum to the PEC, this SDD has utilized all its allowable "dwelling unit GRFA." At this time,, the only remaining GRFA which is available is "accommodation unit GRFA." C. Compliance with parking and loading requirements as outlined In Chapter 18.52. Upon detailed analysis of the Vail Village Inn parking calculations, the staff has determined that the applicant's 1992 proposal would not require any additional parking or loading, above the 1991 SDD amendment approval. The overall parking requirement for this proposal is 17 new parking spaces. The 1991 approved SDD amendment also requires 17 new parking spaces. However, as approved, the 1991 plan included: 14 new surface parking spaces north of the Pancake House Building; parking restrictions removed from 8 of the 9 spaces in front of the Food and Deli building, allowing short-term public parking; 6 surface spaces south of the Vail Gateway Building; and opening up 65 structured parking spaces (in the Phase III building) for use by the general public. D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. This redevelopment plan for Phase IV-A was analyzed according to the recently adopted Vail Village Master Plan. The specific goals, objectives and subarea plans of the Vail Village Master Plan which pertain to the Vail Village Inn project are listed below: 1.2 Obiective: Encourage the,,upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. 2.3 Objective: Increase the number of residential units available for short term overnight accommodations. 5 2.3.1 Policy: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing .lodging and commercial facilities to better serve the needs of our guests. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policy: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.4 Objectives: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. 5.1.1 Policy: For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.4.2 Policy: Medians and .right-of-ways shall be landscaped. 6 The Vail Village Master Plan has identified the Vail Village Inn as subarea concept number 1-1, which is copied in its entirety below: ` 91-1 Vail Vil'ace Inn. Final paase of Vail Village Inn project to be completed as established by develcr_ent plan 6 ~,~IIIIII for SDD }6. Cc=ercial • 9NMdeve1cpment at ground level to I x`1-11 I frame interior plaza with I'.. n greenspace. Hass of buildings shall "step up" from existing I pedestrian scale along Meadow Drive to 4-5 stores along the Q Frontage Read. Design must be sensitive to maintaining view r-' y cerridor from 4-way stop to Vail Hcuntain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, Ilf alit 6.1. This proposal was reviewed according to the Streetscape Master Plan. However, there are no specific streetscape concepts which apply to this area of the Vail Village Inn. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards which would affect this property and/or redevelopment proposal. F. Site Plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. This SDD amendment request includes no changes to the existing building footprint and/or the 1991 apps ved redevelopment plan. The proposal will meet the required 20-foot setback from all property lines, as the minimum distance from the porte cochere to the nearest property line would be 41 feet. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Vehicular Circulation: As addressed in the 1991 SDD amendment, due to the change in use on this site, a Colorado Department of Highways access permit will need to be secured, prior to the Town of Vail issuing a building permit for the project. Pedestrian Circulation: _ Pedestrian circulation is still a key issue that the staff would like to address. The staff believes that it is extremely important, both from a functional view point, as well as one of safety, that the applicant provide a pedestrian 7 connection to the existing sidewalk, located on the Vail Gateway property. Since the addition of the pedestrian sidewalk along the north boundary of the Vail Gateway property along the South Frontage Road, there has been an increase in pedestrian traffic. The staff believes that it is imperative that the Vail Village Inn provide a connection to this sidewalk so that pedestrians using the area are not forced to walk through the Vail Gateway planter and onto the South Frontage Road. A simple connection to the Vail Gateway sidewalk could include a set of steps with a safety railing, and would be located just south of -the proposed new planter. The issue of locating a sidewalk along the full length of the Vail Village Inn property will not be raised by the staff, as this item was previously reviewed by the Town Council and the Planning and Environmental Commission in 1991, and it was determined by those Boards that a condition of approval to add such a sidewalk was not appropriate at that time. H. Functional and aesthetic landscaping and open space In order to optimize and preserve natural features, recreational, views and function. As indicated in the 1991 staff memorandum to the PEC, the staff would like to see additional landscaping added along the entire northern property line of the Vail Village Inn. The Design Review Board has approved a landscaping plan that includes a total of 21 potentilla shrubs along the South Frontage Road. Staff would recommend additional landscaping in the form of three to four clusters of large aspen (2" to 3" caliper) and spruce (8, 10, 12 foot trees). For comparison purposes, the staff would suggest a planting design similar to the one recently installed along the South Frontage Road at the Crossroads project. 1. Phasing plan or subdivision plan that will maintain a workable, functional land efficient relationship throughout the development of the special development district. The applicant has proposed that the redevelopment plan for Phase IV-A be completed at one time. No phasing plan is proposed. V. STAFF RECOMMENDATION The staff recommendation for the proposed major amendment to Special Development District No. 6, the Vail Village Inn, is for approval with the items below included in the development plan: 1. That the proposed dwelling unit, to be located on the fourth floor of the Lobby Building, be restricted according to Section 17.26.075--Condominium Conversion, of the Town of Vail zoning code. 2. That all three employee dwelling units be provided with full kitchens (refrigerator, stove, sink, oven or microwave), and that the dwelling units be permanently restricted as employee units, per Section 18.13.080(B)(10)(b-d) of the Zoning Code. 8 3. That the applicant provide a pedestrian connection, adjacent to the South Frontage Road, to the Vail Gateway Plaza Building sidewalk. The pedestrian connection shall be subject to the review and approval of the Design Review Board. 4. That the applicant provide additional landscaping along the northern property line of the Vail Village Inn, as discussed in Section IV(H) of this staff memorandum. 5. That the applicant provide screening of the existing trash compactor located immediately to the north of the Pancake House Building. Said screening shall be subject to the review and approval of the Design Review Board. After detailed analysis of the applicant's request for this major amendment to Special Development District No. 6, the staff has concluded that the request for one additional dwelling unit, plus the 2,927 square feet of GRFA associated with this dwelling unit, Is warranted for the following reasons: • The overall mass and bulk of the project, as well as the parking requirement, would not change from the 1991 approved project. (However, the staff believes that the proposed dwelling unit.must be restricted according to the condominium conversion section of the zoning code.) • The proposed SDD amendment includes one additional accommodation (hotel) unit, compared to the original proposal, for a total of 14 a.u.'s. • Three employee restricted dwelling units are still part of the project, however, there is greater square footage dedicated to the employee units in this proposal than in the 1991 approved project. • This proposal also includes the complete upgrade of the Lobby Building and the Pancake House Building. • Substantial landscaping would be added along the South Frontage Road. • The applicant has agreed to provide a pedestrian connection to the adjacent Vail Gateway Plaza Building sidewalk. • The Vail Village Inn Phase III parking structure would still be opened up for public use. Sixty-five structured spaces would become available. • The applicant has agreed to screen and clean up the area of the trash compactor. • As previously approved, the existing conference facility would be expanded slightly and improved. • Both the Lobby Building and the Pancake House Building would be brought into compliance with the current building and fire codes (completely sprinkled). c: M Mi•MMW.113 9 5V k , J• !L. 1 1 ii r .'I •i .E t it i ' Ii j i EXISTING NORTH - - _ Ir 't. -r~r M I.. I ~ If , I ~j.l: I.t' III 'I r !r~' t ~t~ _ :v _ - i1c•- 4a", -Z m ~Roposr.C NOIJk L ~ vow wv-~ite _ c~•+o,r.~.+i~-tee vw~s• • ~t~ i ` P t :N',, ~i y rI ~~,y , sir ,i~.ril6,!t~'i,' ~ . l v !~•I 1 Y~~ !1 .i ~ r 1-4,14 ` 4 r jf' k s.- n. cs. s I .li .i ii L.t:',; :,I 1;'•i'~.~y%~, ~~11: 1 - pp _ t!"r IT ~Ro~oS~~ ~Jov'~~ I++TT'fTt'I`• iP•N V L; t :Sif rM,D air ;:r WW 'r. w4+P : Lrlrrrs i"rrpa'? c.M,.®..nwo _ 'PAN C K4 +a ur 1 l ~ O ~IAtq 4 r ~r TTYRG ilM'TlR T• iWID G /R W10 SUBDIVISIONS C. Plans and descriptions showing how the following will be performed: 1. All site work shall be brought up to current town standards unless a variance therefrom is granted to the applicant by the town council in accordance with the variance procedures of this Title 17. The town council may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units, 2. Corrections of violations cited in the condominium conversion report by the building inspector, 3. Condominium projects shall meet current Uniform Build- ing Code requirements for heat and fire detection devices and svstems. (Ord. 29 (1983) 3 1: Ord. 2 (1983) 3 I (part).) 17.26.075 Condominium conversion. Any applicant seekir:_ convert any accommodation unit within the town shall corr.-.Iv with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. A. The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County clerk and recorder. The condominium units created shail remain in the short term (Vail 11-15-83) 29S-41 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his or her unit shall be restricted to twenty eight days during the seasonal period of December 24th to January Ist and February Ist to March 20th. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owners occupancy of a unit or non-paying guest of the owner or taking the unit off of the rental market during the seasonal periods referred to herein for any reason other than for nccessary repairs which cannot be postponed or which may make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Eagle County, Colorado, and which may be collected by foreclosure, on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium associa- tion's failure to enforcc the owner's personal use restric- tion shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. 298-5 (Vail 12-1-87) r SUBDIVISIONS 3. The town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. 4. The converted lodge units shall not be used as permanent residences. For the purposes of this section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six consecutive months notwithstanding from time to time during such six month period the person may briefly dwell in other places. B. Any lodge located within the town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. C. The converted condominium units shall remain available to the general tourist market. If unsold thirty days after recording of the condominium map, the unsold con- verted condominiums shall be required to be furnished and made available to the general tourist market within .ninety days after the date of recording of the condo- minium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates, in anv local reservation system for the rental of lodge or condominium units in the town. D. The common areas of anv lodge with converted uriits shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, altera- tions or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for.employees at any time during the three years previous to the date of the application shall remain as employee units for such duration as may be required by the planning and environmental commission or the town council. F. Applicability. All conditions set forth within this section shall be made binding on the applicant, the applicant's successors, heirs. personal representatives and assigns and shall govern the property which is the subject of the application for the life 298-b (Vail I2-1-87) MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 16, 1991 SUBJECT: -Vail Village Inn - Second reading of Ordinance No. 19, Series of 1991 Since the Town Council's initial review of the Vail Village Inn redevelopment proposal (July 2, 1991), Josef Staufer has made some modifications to the floor plans of the proposed remodel. At the Council's request, the applicant has added three permanently restricted employee dwelling units within the project. Two of the employee units would be located on the fourth floor of the "east" building where the previous plan included two accommodation units in that area. The floor area of these two employee units would be 250 sq. ft. and 307 sq. ft. Additionally, a 389 sq. ft. employee unit would be located within the new third floor of the Pancake House building. To compensate for the loss of the two accommodation units in the "east" building, and their conversion into employee units, the applicant is proposing two accommodation units on the third floor of the Pancake House building. These two accommodation units will be larger than the originally-proposed accommodation units, and would consist of an additional 748 sq. ft. of GRFA. The total GRFA for the VVI, including the revised Phase IV-A, would be 85,487 sq. ft. Phase IV-A of the VVI would consist of a total of 13 accommodation units, comprising 6,681 sq. ft. of GRFA, and 3 'employee dwelling units, comprising 946 sq. ft. of GRFA. The additional 748 sq. ft. of accommodation unit GRFA will also require an additional 0.748 parking spaces. The three restricted employee units will have a parking requirement of 1.5 spaces per unit, for a total of 4.5 parking spaces. Floor plans indicating the revised layout of the accommodation units and the employee dwelling units will be available at the evening Council meeting. A revised south elevation for the Pancake House building is attached to this memorandum. 'h s MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 24, 1991 SUBJECT: A request for a major amendment to Special Development District No. 6, Vail Village Inn, 100 East Meadow Drive/Lot O, Block 5-D, Vail Village First Filing. Applicant: Josef Staufer Planner: Mike Mollica fi.:vTi:r.tiysr .r•AC.ni":f:;~i:::::^:! . n!iA;.4Cy,.tt,Oj!(' +!an'1n4:9»YiXSimY/i a .w:r'S>;:.....,.G«5:::c::vii:3:G:%'`..::::i>C•::•r.M::fvz::<<:v::::+i+° 1. INTRODUCTION Josef Staufer, owner and developer of the Vail Village Inn, has filed a request for an amendment to Special-Development District No. 6, for'his property located at 100 East Meadow Drive. The purpose of this SDD amendment is to allow for the redevelopment of a portion of the final phase (Phase IV) of the Vail Village Inn SDD. For clarification purposes, staff will call this redevelopment request Phase IV-A. The Vail Village Inn has an existing approved development plan for the entirety of Phase IV. This development plan was approved through Ordinance 14, Series of 1987 (May, 1987). Additionally, Ordinance 24, Series of 1989 (November, 1989), modified the density section of the 1987 ordinance by increasing the allowable GRFA. These two ordinances are still valid for SDD No. 6, and have been included as Exhibits A and B attached to this memorandum. The staff recommends that the PEC review these ordinances to fully understand the background and prior approvals for the Vail Village Inn before proceeding further in this memorandum. A brief summary of said ordinances is listed below in Section III of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant's redevelopment proposal includes the upgrade and renovation of the east building which currently houses the hotel lobby, front desk area, and the Coyote Bar, as well as the adjacent Pancake House Building to the west. Included in the redevelopment of the "east" building would be the addition of two residential levels above the existing structure, which would be used specifically as accommodation units (hotel rooms). There would be a total of 13 additional accommodation units, comprising 5,933 sq. ft. of GRFA. One additional gas burning fireplace is proposed in the largest accommodation unit on the top 1 I floor. An elevator is proposed to be constructed at the southwest comer of the building, which would access all four floors. Additionally, the existing meeting room which is located on the second floor, would be expanded to the south by infilling an existing deck. This additional square footage would consist of approximately 243 sq. ft. of floor area. The proposed improvements to the Pancake House Building include a new roof structure, and painting and/or staining the building to match the remodeled building to the east. It is proposed that the new portions of this building be equipped with an automatic sprinkler system. Site improvements called for in this redevelopment plan would include the addition of 14 surface parking spaces. Ten of these parking spaces would be considered regular spaces, and the remaining four spaces would be classified as valet-type spaces. These valet spaces would be reserved for exclusive use by employees of the Vail Village Inn, and the location of these spaces would be to the northwest of the Village Inn Pancake House restaurant and immediately east of the Gateway Plaza Building. The proposal also calls for limited landscaping improvements. Specifically, the applicant is proposing one additional new planter, which would be located on the west side of the main entrance at the South Frontage Road. III. BACKGROUND AND HISTORY A. The following are the existing phases of the Vail Village Inn: Phase I - This consists of the buildings located at the southeast corner of the VVI property, and includes one dwelling unit of approximately 4,000 sq. ft. in size, as well as the following commercial establishments: Alpenrose Restaurant, Ambrosia Restaurant, Village Inn Travel, Village Inn Sports, Houston Gallery, Gold of Vail, Village Inn Plaza Liquors, Eve's, and Total Beauty. Phase II - This phase consists of three residential dwelling units of approximately 3,500 sq. ft. in size, as well as the following commercial establishments: International Gallery, Unique Art, and Tezla. Phase III - Phase III is located at the northeast comer of the VVI property and consists of 29 residential dwelling units, with approximately 44,830 sq. ft. of GRFA, and the following commercial establishments: Driscol Gallery, Velveteen Rabbit, Kitchenworks, Vail Antiques, Annie's and Vail Boot and Shoe. 2 Phase IV - This was the original Phase, and the oldest, at the VVI, and consists of 62 accommodation units, with approximately 16,585 sq. ft. of GRFA, and also includes the Food and Deli, VVI Pancake House and the Coyote Bar. There is also a 1,200 sq. ft, conference/meeting space and miscellaneous and ancillary offices for the hotel. Phase V - Phase V is the building located at the corner of Vail Road and East Meadow Drive, and consists. of 11 dwelling units (9 of which have lock-offs), and 3 accommodation units, with 9,972 sq..ft, of GRFA. Phase V also includes Blano's Pizza, the Vail Resort Association and approximately 3,500 sq. ft. of retail, commercial use. B. Ordinance No. 7, Series of 1976, originally established the Vail Village Inn Special Development District No. 6. C. Ordinance No. 1, Series of 1985 (March 5, 1985) granted 120,600 sq. ft. of GRFA to SDD No. 6. This ordinance also required a minimum of 175 .accommodation units (AUs) and 72,400 sq. ft. of GRFA, devoted entirely to AUs in Phase IV. This ordinance also listed six conditions of approval. D. Ordinance No. 14, Series of 1987 (May, 1987), amended Phase IV of SDD No. 6. This amendment allowed Phase IV to be broken into two distinct and separate phases, which were called Phase IV and Phase V. This ordinance also set the maximum GRFA for the SDD at 120,600 sq. ft. Additionally, the ordinance required a minimum of 148 AUs and 67,367 sq. ft. of GRFA devoted to AUs in Phases IV and V. The ordinance also listed eight conditions of approval. E. Ordinance No. 24, Series of 1989 (November, 1989) amended the density section of SDD No. 6. This ordinance modified the SDD by increasing the allowable GRFA to a total of 124,527 sq. ft. This allowed Unit No. 30 (originally Good's retail) in the Vail Village Plaza Condominiums to be converted from commercial use to residential use. This space consists of 3,927 sq. ft. of GRFA, and the conversion to residential use has since been completed. This ordinance also maintained the previous approval for "a minimum of 148 AUs and 67,367 sq. ft. of GRFA, devoted to AUs, in Phases IV and V of SDD No. 6." IV. ZONING CONSIDERATIONS The following table outlines the applicant's redevelopment proposal with reference to the underlying Public Accommodation zoning, the existing project, the previously approved Phase IV, and the current proposal. To maintain simplicity, only those development standards which are specifically applicable to this project are listed. 3 Underlying Zoning Existing Previously Proposed Public Accommodation Pr_ oiect Approved SDD SDD ,V' Site Area 3.455 acres or Same Same Same 150,500 sq. ft. Setbacks 20 ft on all sides N = Frontage Rd: 41 ft 20 ft to face of No change from existing to porte cochere; 72 ft building; 1 h. to to face of building porte cochere Building Height 45 ft - Flat Roof 31 ft Varies - with a 58 ft to top of ridge 48 ft - Sloping Roof 73 ft maximum 61 ft to ridge over elevator GRFA 120,400 sq. ft. 78,806 sq. ft. 124,527 sq. ft. 84,739 Phase IV-A 124,527 Entire Phase IV Units 25 dwelling units per acre 76.5 DUs 120.5 DUs 83 DUs or 86 DUs for the site (see below) Site Coverage 82,775 sq. ft. N/A Per the approved 245 sq. ft. of additional development site coverage plan Parking Per the current Same Same Same development standards (See Appendix A) Existing DUs Existing AUs Phase I 1 0 Phase U 3 0 Phase III 29 0 Phase IV 0 62 Phase V 11* 3 Totals 44 + 65** = 76.5 DUs Phase IV-A is proposed to have 0 DUs and 13 AUs = 6.5 DUs * (9 of the 11 DUs have attached lock-offs) 2 AUs = 1 DU 4 V. SPECIAL DEVELOPMENT DISTRICT CRITERIA The criteria to be used to evaluate the Vail Village Inn redevelopment, Phase IV-A, are the 9 Special Development District (SDD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Architecturally, the key issue is to maintain compatibility and work with the character of the existing structures in the vicinity. Staff acknowledges that this is a very difficult task to perform, given the varied architectural styles of adjacent buildings. Staff supports the design direction the applicant has proposed for the project. We believe that the additional two floors and the new roof structure would be compatible with the character of the adjacent structures. Additionally, the applicant has proposed to install all new siding materials on the existing lower levels of the structure, which would match the new upper levels. The applicant has also proposed to install a stucco finish on the north and west elevations of the pone cochere (around the arched openings). Given the close proximity of the VVI Pancake House building immediately to the west, the applicant has also proposed improvements to this structure so that it blends architecturally with the adjoining "east" building. The proposed improvements to this structure include upgrading the entire roof area of the building, to architecturally tie it in with the proposed remodel of the structure: east. No GRFA would be added to the enlarged roof area, however, the applican. ° --pose to install a new boiler in this attic area to service the Food and Deli Bui;.. Mitionally, the applicant has proposed to paint and/or stain the Pancake House 2>u:Iding to match the "east" building and to further ensure architectural compatibility among the structures. We believe it is positive that the applicant is making an effort to upgrade the materials and the style of the Pancake House Building, as well as the east building. The staff would recommend that the applicant reevaluate the proposed roof form over the elevator tower, as well as the roof form over the central chimney caps. We believe that these elements should be of an architectural style which would be more in line with the caps on the adjacent structures. 5 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The staff is very supportive of the applicant's redevelopment plan with regard to uses, activity and density, given the fact that the proposal includes the addition of 13 accommodation (hotel) rooms and an expanded conference space. The existing commercial square footage (gross area), which includes retail commercial and restaurant "service area" space, at the VVI is approximately 33,557 square feet. No additional commercial square footage is requested as a part of this proposal. With the adoption of the Town of Vail Affordable Housing Study on November 20, 1990, employee housing is no longer a potential concern, but it is an issue which must be addressed formally. The Affordable Housing Study has been adopted and provides guidelines for new development. Currently, the report's recommendations are being incorporated into the Zoning Code. In addition, the Land Use Plan calls for employee housing by stating: Goal 5.3 - "Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions." Although the Vail Village Inn does provide some employee housing, both on site and off site, there is currently no permanently restricted employee units on site. No additional employee housing is proposed by the Vail Village Inn for this redevelopment. It should also be mentioned that most Special Development Districts in the past have provided some number of employee housing units within the proposal. Given the scale of this project, with an approved GRFA of 124,527 sq. ft., the staff believes a redevelopment of this magnitude should have some permanent employee housing. Staff recommends one restricted employee dwelling unit be provided on site, either in the existing development or in the proposed redevelopment, Phase IV-A. C. Compliance with the parking and loading requirements as outlined in Chapter 15.52. The Vail Village Inn parking analysis, as indicated in Appendix A, shows a total parking requirement for the Vail Village Inn project, which includes Phases I, II, 111, IV and the proposed IV-A, as being 243 parking spaces. The existing parking structure, located at the lower levels of the Phase III building, currently provides 109 parking spaces. Additionally, there are currently 45 regular surface-parking spaces (9 of which are privately reserved and are not available to the general public), and 16 6 valet parking spaces on-site, for a total of 61 parking spaces. The applicant is v proposing to add 14 surface-parking spaces as a part of this proposal. The total parking which would be provided would be 184 spaces, which equals 75.7% of the required parking. The staff believes that the required parking for Phase V. as well as for the new proposal (Phase IV-A) must be addressed. It should be noted that when the Phase V building was approved, the parking requirement was deferred until the final phase of the VVI was constructed (the redevelopment of Phase M. -Ordinance No. 14, Series of 1987, under Section 11, lists .8 conditions of approval for the development plan for Phases IV and V. Condition No. 8 reads as follows: "Any remodel or redevelopment of the remaining portion of SDD 6, commonly referred to as Phase V, shall include parking as required by Ordinance 1, Series of 1985." It is the staff's opinion that this current redevelopment proposal triggers condition number 8, and that the required parking for Phase V must now be addressed. According to the staff's calculations of the Phase V building, the parking requirement for Phase V shall be as follows: (See Appendix B for the specific breakdown) 1. Retail = 11.77 spaces 2: Restaurant = 4.25 spaces 3. Residential = 23.44 spaces 4. Total Requirement = 39.46 spaces The parking requirement for the proposed Phase IV-A is 11.13 spaces. The combined parking requirement for Phase IV-A and Phase V is 48 parking spaces (39.46 spaces ± 11.13 spaces = 50.59 - 5% multi-use credit = 48). The parking issue is two-fold. First, the staff is of the opinion that condition number 8, listed in Ordinance No. 14, Series of 1987 (as stated above) is applicable to this redevelopment proposal. The Planning Commission, at their June 10th public worksession, concurred with this opinion. Based upon this PEC decision, the applicant must now provide, or address the issue of parking for Phase V. The second issue is the applicant's proposal to provide an additional 14 surface parking spaces, when a requirement of 48 spaces is stipulated by the code. The applicant has presented a parking utilization study that analyzed parking during peak times of occupancy. This study is included as Appendix C. It should be understood that the 109 space parking structure, located in the Phase III building, is currently not open and available for use by the general public. In addition, 7 9 surface parking spaces, which are adjacent to 'the Food and Deli Building, are currently reserved and are also not available for use by the general public. Of the total 109 parking spaces in the structure, 44 of those spaces are currently deeded to condominium owners of the Vail Village Inn (15 of those 44 deeded spaces are deeded to condominium owners within Phase V). Since the June 10th worksession, the applicant has agreed to remove the parking restrictions on 8 of the 9 parking spaces in front of the Food and Deli Building. These eight spaces would be available for short-term parking by the general public, in addition to the 14 new spaces on the north side of the project. The staff believes that this is a positive step towards meeting the Town's parking requirements. However, the staff maintains that the applicant should be required to open up the structured parking (in the Phase III Building) and to allow the general public the use of the 65 undeeded spaces in the structure. If the structured parking spaces were available to the general public, the staff would be able to support the overall parking plan at the VVI. D. Conformity vvith applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. This redevelopment plan was analyzed according to the recently adopted Vail Village Master Plan. The specific goals, objectives and subarea plans of the Vail Village Master Plan which pertain to the Vail Village Inn project are listed below: 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the Action Plan and as. is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. 8 2.3 Obiective• Increase the number of residential units available for short term overnight accommodations. 2.3.1 Policy: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. 2.5 Obiective• Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policy Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.4 Obiectives: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policy Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. 5.1.1 Policy: For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 9 5.4.2 Policy: Medians and right-of-ways shall be landscaped. The Vail Village Master Plan has identified the Vail Village Inn as subarea concept number 1-1, which is copied in its entirety below: 4J 11-1 Vail Village Inn °F°• Final phase of Vail Village Inn project to be completed as established by development plan ~ I for SDD #6. Commercial • development at ground level to 1frame interior plaza with Ff j ly.' greenspace. Mass of buildings 1 shall "step up" from existing pedestrian scale along Meadow F Drive to 4-5 stories along the Frontage Road. Design must be MAGI u~?4tA sensitive to maintaining view corridor from 4-way stop ,to Vail •.y: Mountain. Special emphasis on' 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards which would affect this property and/or redevelopment proposal. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. There is essentially no change to the existing building footprint with this proposed redevelopment. As indicated in Section IV of this memorandum, the setbacks for the 10 underlying PA zone district are 20 feet from all property lines. This proposal will certainly meet the 20 foot requirement, as the minimum distance from the porte cochere to the nearest property line would be 41 feet. There will be no significant changes made to the Vail Village Inn open space provisions, as only 245 sq. ft. of additional area will be covered by buildings. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Vehicular Circulation: After review of the proposed surface-parking layout, the staff . believes that the general vehicular circulation system appears adequate. The Town of Vail Fire Department has reviewed this proposal, and does not take issue with the project. The Public Works Department also has no problems with the general vehicular circulation plan. However, they are concerned about some existing drainage problems in the surface-parking area just north of the Pancake House, which would need to be corrected and addressed through the building permit process. Due to the change in use on the site, a Colorado Department of Highways access permit will need to be secured, prior to the Town issuing a building permit for the project. Pedestrian Circulation: Pedestrian circulation is a key issue the staff would like to address. It is well known that a long-standing goal for Vail is to improve upon the pedestrian experience through the development of a continuous network of paths and walkways. Specific to the Vail Village Inn project, the Vail Village Master Plan, as well as the Town of Vail Recreation Trails Master Plan and the Master Transportation Plan, specifically call for bicycle/pedestrian ways along both sides of the South Frontage Road. Through the redevelopment process at the adjacent Gateway Plaza site, the developer was required to provide a pedestrian sidewalk along the entire length of the Gateway property along Vail Road and South Frontage Road. At this time, staff believes it appropriate to request that the developer of the Vail Village Inn extend the sidewalk where the Gateway ended it, and continue the walk for the full length of the VVI property east to the Crossroads site. Staff acknowledges that there are some grade difficulties through this area, and also that cooperation from the ' Colorado Department.of Highways (CDOH) will be necessary. The Town staff is willing to assist the applicant in securing the necessary CDOH permits to install the pedestrian connection. The current Vail Village Inn SDD Amendment proposal, does not include any improvements to the pedestrian circulation system as described above. 11 o H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. I The proposal has provided limited additional landscaping, specifically in the form of one new planter, which would be located on the west side of the access drive off of South Frontage Road. The proposed landscaping includes 2 Aspen and 1 Blue Spruce. Again, with cooperation from the CDOH, staff believes that additional landscaping added along the entire northern property line of the Vail Village Inn would be beneficial. We believe additional landscaping and screening in this area would not only benefit the general public, by assisting in the buffering of the structures from the Frontage Road and I-70, but will also benefit the property owner and guests of the VVI in the same manner. The staff would also recommend that the applicant remove the existing asphalt area south of the Gateway Building. This area has been used as surface parking, however, . we believe that it would be a benefit to both projects (VVI and Gateway) to add landscaping in this area. The proposal will not encroach into any of the Town's adopted view corridors. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant has proposed that the redevelopment plan (Phase IV-A) be completed at one time. No phasing plan is proposed. It is the staff's position that the redevelopment plans for the entire Phase IV, which are addressed in Ordinance No. 14, Series of 1987, are still valid. Should the developer with to proceed with this previously approved plan at some future date, which would necessitate the demolition of Phase IV-A, final DRB approval will be required. If there are changes or modifications to the plans, then a major SDD amendment will be required. VI. STAFF RECOMMENDATION The staff recommendation for the proposed major amendment to Special Development District No. 6, the Vail Village Inn, is for approval with conditions. The staff believes that the proposed upgrade and remodel would be a very positive change at the VVI. We support the project, with the following conditions of approval: 1) That the applicant be required to open up the structured parking, in the Phase III building, for short-term parking use by the general public. With this 12 provision of an additional 65 parking spaces, the staff would be able to support the project's overall parking plan. 2) That the applicant remove the existing asphalt parking area immediately south of the Gateway Plaza Building, and provide landscaping in this area. Final review of the landscape design shall be reviewed and approved by the DRB prior to installation. 3) That the applicant provide a pedestrian sidewalk, adjacent to South Frontage Road, beginning on the west end of the VVI property (where the Gateway sidewalk now ends), and continue the sidewalk east to the western boundary of the Crossroads property. 4) That the applicant provide additional landscaping along the entire northern property line of the VVI. 5) That the applicant reconsider the proposed design solution for the elevator and chimney caps. This issue shall be further reviewed and considered by the Design Review Board. 6) That a CDOH access permit be secured prior to the issuance of any Town of Vail building permits for the proposal. 7) That the eight conditions of approval listed in Section 11 of Ordinance No. 14, Series of 1987, be included in the ordinance required for this project. Said conditions are as follows, (with the staff's recommended changes indicated by the bold type): A. That the developers and/or owners of Phases IV and V participate in, and do not remonstrate against, an improvement district for streetscape improvements to Vail Road and East and West Meadow Drive, if and when an improvement district is formed. B. That the developers and/or owners of Phases IV and V participate in, and do not remonstrate against, establishing a pedestrian linkage from Phases IV and V of the Vail Village Inn, to a future commercial expansion at the Sonnenalp Bavaria Haus site if, and when it is developed. - C. That the developer receive approval from the Colorado State Highway Department, for any change in use on the property, prior to the issuance of a Town of Vail building permit. 13 D. That the developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail, free and clear of all liens j and encumbrances, such condominium unit of approximately 3,986 sq. ft. in size and to be located as indicated on the plans and specifications submitted with the application. There shall be no provisions placed on the condominium unit restricting the Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. E. That no grading permit, building permit or demolition permit, relating to any Phase of Special Development District No. 6, be issued until such time that reasonable evidence is provided to the Town of Vail that construction financing, for the improvements to be constructed, has been obtained. F. Restrictions on any units in Phases IV or V which would be condominiumized, shall be as outlined in Section 17.26.075 (Condominium Conversion) of the Vail Municipal Code and any amendments thereto. G. Prior to the issuance of a building permit for the construction of any phase of SDD#6, the developer and/or owner of said phase shall reimburse the Town of Vail for expenses incurred in facilitating the relocation of the ski museum (into Phase V) of an amount not to exceed 575,000. H. Any remodel or redevelopment of any of the remaining portions of SDD#6, shall include the parking as required by Ordinance 14, Series of 1987. 8. The developer must provide one permanently deed restricted employee housing unit on site at the Vail Village Inn. Said employee unit shall meet the restrictions listed in Section 18.13.080(B)(10) of the Town of Vail Municipal Code. 14 APPENDIX A Vail Village Inn Parking Analysis* 1. Phase I Parking Spaces Required A. Retail 19.12 B. Restaurants 16.50 C. Residential 2.50 Subtotal 38.12 = 38.12 2. Phase II A. Retail 12.99 B. Residential 4.99 Subtotal 17.98 = 17.98 3. Phase III A. Retail 25.12 B. Residential 59.33 Subtotal 84.45 = 84.45 4. Phase IV A. Food & Deli 6.00 B. Restaurant and Bar 11.60 C. Residential 41.30 D. Conference/Meeting Area 5.07 Subtotal 63.97 = 63.97 5. Phase V A. Retail 11.77 B. Restaurant' 4.25 C. Residential 23.44 Subtotal 39.46 = 39.46 6. Phase IV-A A. Residential 11.13 = 11.13 Total: 255.11 -5% Multiple Use Credit: -12.75 Grand Total: 242.36 = 243 * Parking requirements were determined by using the Town standards in effect at the time of construction. 15 i APPENDIX B a f VVI - Phase V Parking Analysis _Parking Spaces Required A. Basement Level (Vail Resort Association) 0 B. Ground Level 1. Retail: 2,865 + 668 = 3533/300 11.77 2. Restaurant: 510/15/8 4.25 C. Second Level 1. Unit #1 = 402 + 398 = 800 2 2. Unit #2 = 343 + 461 = 804 2 3. AU = 229 0.63 4. Unit #3 = 232 + 376 = 608 2 5. Unit #4 = 475 + 317 = 792 2 6. Unit #5 = 445 + 279 = 724 2 7. AU = 224 0.63 D. Third Level 1. Unit #6 = 396 + 224 = 620 2 2. Unit #7 = 397 + 318 = 715 2 3. Units #8 & #9 are combined into one unit 454+314+35+712=1515 2 4. Unit #10 = 445 + 277 = 722 2 E. Fourth Level 1. AU = 279 0.67 2. Unit #11 = 388 1.5 3. Unit #12 (with loft) =598+244+36+273+410=1552 2 39.46 16 ORDINANCE NO. 2 Series of 1992 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 19, SERIES OF 1991; TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6; ADOPTING A REVISED DEVELOPMENT PLAN FOR PHASE IV-A OF SPECIAL DEVELOPMENT DISTRICT NO. 6; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Development District (SDD) No. 6 for a certain parcel of property within the Town, legally described as Lot 0, Block 5-D, Vail Village First Filing, and commonly referred to as the Vail Village Inn Special Development District; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on January 13, 1992, held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 2 Legislative Intent A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. 1 1 B. Special Development District No. 6 provided in Section 14 that the Town Council 1 reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance No. 1, Series of 1985, providing certain amendments to the development plan for SDD No. 6. D. In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, providing certain amendments to the development plan for Special Development District No. 6. Such amendments modified and amended Section 8 of Ordinance No. 14, Series of 1987, which relates to the allowed density of the development plan for SDD No. 6. E. In 1991, the Vail Town Council passed Ordinance No. 19, Series of 1991, providing certain amendments to the development plan for Special Development District No. 6 which relate to Phase IV. F. Application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IV. G. The Planning and Environmental Commission of the Town of Vail has reviewed the changes submitted by the applicant and has recommended that SDD No. 6 be so amended. H. The Vail Town Council considers that the amendments provide a more unified and aesthetically pleasing development of a critical site within the Town and such amendments are of benefit to the health, safety, and welfare of the inhabitants of the Town of Vail. Section 3 Purpose A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Section 4 Development Plan The proposed development plan shall include: 2 A. The development plan for Phases I, II and III shall consist of the plans prepared and submitted by Royston, Hanamoto, Beck and Abey on February 12, 1976. B. The development plan for Phases IV and V shall consist of the plans and environmental impact report prepared and submitted by Gordon R. Pierce Architect, dated February 19, 1987, and revised on April 14, and April 22, 1987. C. The development plan for Phase IV-A shall consist of the following plans provided by the Intratect Design Group/Fritzlen Pierce Briner. Sheet No. 1, dated June 6, 1991, and revised July 15, 1991 (site plan) Sheet No. 2, dated June 6, 1991 (1st and 2nd floor plans) Sheet No. 4, dated January 8, 1992 (3rd floor plan) Sheet No. 5, dated June 6, 1991 and revised June 18, 1991 (West Elevation) Sheet No. 5, dated November 4, 1991 (4th floor plan) Sheet No. 7, dated June 6, 1991 and revised June 18, 1991 (East Elevation) Sheet No. 8, dated January 8, 1992 (North Elevation) Sheet No. 9, dated January 8, 1992 (South Elevation) Section 5 Permitted Uses The permitted uses in Phases I, II, III, IV, IV-A and V of Special Development District No. 6 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Section 6 Conditional Uses Conditional Uses for Phases I, II, III, IV, IV-A and V of Special Development District No. 6 shall be as set forth in Section 18.22.030 of the Town of Vail Municipal Code with the addition of the following conditional uses: A. An outside popcorn vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. B. No office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV, IV-A and V. 3 1 I i n Section 7 l Height A. For Phases I, II and III, the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated March 12, 1976, provided by Royston, Hanamoto, Beck and Abey. B. For Phases IV and V, the maximum building height shall be as set forth in the approved development plan by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). C. . For Phase IV-A, the maximum building height shall be as set forth on the approved development plan, submitted by the Intratect Design Group/Fritzlen Pierce Briner, as set forth in Section 4 above. Section 8 Density A. The gross residential floor area (GRFA) for the entire Special Development District No. 6 shall not exceed 124,527 square feet. There shall be a minimum of 148 accommodation units and 67,367 square feet of GRFA allocated to accommodation units in Phase IV and Phase V of Special Development District No. 6. 3,927 square feet of GRFA shall be allocated specifically to Unit No. 30 of the Vail Village Plaza Condominiums. B. Condominium Ynit No. 30 of the Vail Village Plaza Condominiums shall be subject to the restrictions set forth in Section 17.26.075 of the Town of Vail Subdivision Regulations if utilized for residential purposes. C. In addition to the allowable GRFA set forth in Section 8A above, Phase IV-A shall be allocated 2,927 square feet of additional GRFA, which shall be specifically allocated to one single, free-market dwelling unit, to be located on the fourth floor of the Phase IV-A Lobby Building; and 500 sq. ft. of additional GRFA, which shall be specifically allocated to two on-site, permanently restricted employee dwelling units. Section 9 Parking and Loading A. Any application for any amendment to Phase IV of SDD No. 6, subsequent to the effective date of this ordinance, shall include not less than 12 surface parking spaces, 324 4 underground parking spaces, and 37 underground valet spaces for Special Development District No. 6 as indicated on the development plan submitted by Gordon R. Pierce, Architect, dated February 19, 1987. B. The parking requirements for Phase IV-A shall be as set forth on the drawings submitted by the Intratect Design Group, dated June 6, 1991, and revised July 15, 1991, sheet number 1. Section 10 The applicant or his successors in interest agrees to perform the following: 1. Make a minimum of 65 parking spaces in the parking structure, located in the Phase III building available for short-term parking use by the general public and/or hotel guests of the Vail Village Inn. These 65 spaces shall not be leased to any party. 2. Prior to the issuance of any Town of Vail building permits for the construction of Phase IV-A of SDD No. 6., the applicant or his successors in interest shall provide written evidence to the Town of Vail Director of Community Development that a Colorado Department Of Highways access permit has been obtained for access from the South Frontage Road 3. The applicant or his successors in interest agree to permanently restrict two on- site dwelling units for use by employees of the Upper Eagle Valley (employee housing units) in the following manner: A. The employee housing units shall not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees in the Upper Eagle Valley. B. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County in a form approved by the Town Attorney for the benefit of the Town to insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall 1 5 be issued for Phase IV-A of Special Development District No. 6 until said declaration of covenants r and restrictions are executed and filed with the Eagle County Clerk and Recorder. 4. The developer Is presently the owner of Unit 7-L, Pitkin Creek Park Condominiums, located in the Town of Vail. The developer, agrees to permanently restrict the use of this unit, in the following manner (employee housing restrictions): A. The employee housing unit shall not be leased or rented for any period less than 30 consecutive days and shall be rented only to tenants who are full time employees In the Upper Eagle Valley. B. The Upper Eagle Valley shall be deemed to Include the Gore Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their surrounding areas. C. A full-time employee is a person who works an average of thirty hours per week. D. The applicant or his successors in interest shall file a declaration of covenants and restrictions with the Clerk and Recorder of Eagle County In a form approved by the Town Attorney for the benefit of the Town to Insure the restrictions set forth herein shall run with the land. Said declaration shall not be amended or terminated without the written approval of the Town of Vail. Subsequent to the effective date of this ordinance, no building permit shall be issued for Phase IV-A of Special Development District No. 6 until said declaration of covenants and restrictions are executed and filed with the Eagle County Clerk and Recorder. 5. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protest or remonstrate against, any improvement district(s) which may be established by the Town of Vail for the purpose of constructing improvements as set forth in any officially adopted Town of Vail Streetscape Master Plan, if and when an improvement district is formed. 6. The applicant or his successors in interest of Phases IV, IV-A and V shall participate in, and shall not protest or remonstrate against, establishing a pedestrian linkage between Phases IV, IV-A and V of the Vail Village Inn, to a future commercial expansion at the Sonnenalp Bavaria Haus site if, and when said commercial expansion is developed. 7. The applicant or his successors in interest of Phases IV and IV-A agree to transfer 6 by general warranty deed to the Town of Vail, free and clear of all liens and encumbrances, a condominium unit of approximately 3,986 sq. ft. in size. Said unit shall be located as indicated on the plans and specifications submitted with the 1987 application. There shall be no provisions placed on the condominium unit restricting said unit to Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. 8. No grading permit, building permit or demolition permit, relating to any Phase of Special Development District No. 6, shall be issued until such time as reasonable evidence is provided to the Town of Vail that construction financing has been obtained for the improvements to be constructed. 9. Any units in Phases IV, IV-A or V which may be condom iniumized, shall be restricted as set forth in Section 17.26.075 (Condominium Conversion) of the Vail Municipal Code and thereafter amended. 10. The applicant or his successors in interest of Phases IV, IV-A and V shall reimburse the Town of Vail in the amount of $75,000 for expenses incurred in relocating the ski museum. Of said $75,000 relocation expenses, the amount of $27,000 shall be paid prior to the issuance of a building permit for the construction of Phase IV-A of SDD #6. The balance of $48,000 shall become due and payable to the Town of Vail on January 1, 2005, or prior to the issuance of any building permit for the construction of Phase IV of SDD #6. 11. Any remodel or redevelopment of any of the remaining portions of SDD#6, shall include an overall parking analysis as set forth in Section 9 of this ordinance. 12. Provide a pedestrian easement, along the western boundary of the VVI (the east side of Vail Road) of sufficient width (as determined by the Town) to accommodate an 8-foot wide sidewalk with integral landscaping. Said easement shall begin at the northwest corner of the Vail Village Inn property (said corner is also the southwest corner of the Vail Gateway Plaza property), and extend along the westerly line of the Vail Village Inn property south to East Meadow Drive. Said easement shall expire at such time that a building permit for the construction of Phase IV of SDD No. 6 is issued. Prior to the Town's issuance of a building permit for Phase IV, the Town shall reevaluate the need for pedestrian access along Vail Road and if in the Town's sole opinion, some manner of pedestrian access is still required, the applicant or his successors in interest shall provide for such pedestrian access. 13. Provide a pedestrian connection, adjacent to the South Frontage Road, to the Vail Gateway Plaza Building sidewalk. The pedestrian connection shall be subject to the 7 review and approval of the Design Review Board. In addition, the applicant shall provide a pedestrian sidewalk, adjacent to the South Frontage Road, beginning on the west end of the VVI property (where the Gateway sidewalk now ends), and continue the sidewalk east to the western boundary of the VVI Phase III property. This condition of approval shall be subject to the Colorado Department of Highways approval of the sidewalk. 14. Provide additional landscaping along the northern property line of the Vail Village Inn, as discussed in Section IV(H) of the January 13,1992 Community Development staff memorandum. 15. Provide screening of the existing trash compactor located Immediately to the north of the Pancake House Building. Said screening shall be subject to the review and approval of the Design Review Board. Section 11 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12 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. Section 13 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of 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. 8 a INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1992. A public hearing shall be held hereon on the day of 1992, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 4 f 9 RESOLUTION NO. 2 Series of 1992 A RESOLUTION OF THE TOWN COUNCIL DESIGNATING THE PRESIDENT'S HOLIDAY WEEKEND, FEBRUARY 15, 16, 17, 1992, AS THE 12TH ANNUAL SMOKELESS WEEKEND, AND SETTING FORTH DETAILS RELATING THERETO. ,WHEREAS, the air pollution in the Gore Valley has been increasing with each winter season; and WHEREAS, the Town Council has been taking necessary measures to encourage a reduction in the number of woodburning units in the Town; and WHEREAS, the Town is encouraging the use of natural gas and EPA Phase II certified units to protect the fragile air shed in the Valley; and WHEREAS, it is the opinion of the Town Council that it would be in the public interest to encourage limited use of fireplaces and woodstoves during the President's Holiday Weekend. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The Town Council hereby designates the President's Holiday Weekend, February 15, 16, 17, 1992 as the 12th Annual Fireplace Smokeless Weekend; and 2. All residents and visitors of the Town of Vail shall be encouraged to refrain from using their fireplaces or woodstoves during that weekend unless they are a primary heat source, or an EPA Phase II certified unit in order to protect and improve the air quality in the Gore Valley. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION NO. 3 SERIES OF 1992 A RESOLUTION OPPOSING THE ENACTMENT OF SENATE BILL 101 IN THE COLORADO GENERAL ASSEMBLY WHEREAS, the Town of Vail recognizes that second home condominium rental units are vital to the economy and the viability of Colorado's resort communities; and WHEREAS, continued condominium development is important to Colorado's economy; and WHEREAS, Colorado's year-round tourism industry is dependent on an available bed base;and WHEREAS, any change in the tax classification of second home condominium units will affect not only their sale and hence the resort real estate market, but also their availability as rental units; and WHEREAS, a reduction in the condominium real estate market and rental opportunities would negatively impact sales tax revenues; and WHEREAS, for both local and state government, current Colorado law with regard to condominium classification is in keeping with condominium law in other states and has served to stimulate condominium and resort development. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council is opposed to any attempt to reclassify second home condominiums as commercial property. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED, AND ADOPTED this 4th day of February, 1992. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk CARESOLU92.3 n NORTHWEST COLORADO N WQC COUNCIL OF GOVERNMENTS Post Office Box 739 Frisco, Colorado 80443 Phone 303 668-5445 FAX 303 668-5326 RATIFICATION OF ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS The Articles of Association of the Northwest Colorado Council of Governments, as adopted by the Council's Board of Directors on December 12,1991 by Resolutions No. 1991-6 and 1991-7, and are hereby ratified, pursuant to Section 502 thereof. BOARD OF TRUSTEES Town of Vail ATTEST: Town Clerk Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, ' Grand County: Fraser, Granby, Grand Lake, Hot Sulphur Springs, Kremmling, Winter Park, ' Jackson County: Walden, ' Pitkin County: Aspen, Snowmass Village, ' Routt County: Hayden, Oak Creek, Steamboat Springs, Yampa, ' Summit County: Blue River, Breckenridge, Dillon, Frisco, Montezuma, Silverthorne NORTHWEST COLORADO COUNCIL OF GOVERNMENTS REGION XII RESOLUTION No. 1991-6 A RESOLUTION TO AMEND THE ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS. WHEREAS, the Northwest Colorado Council of Governments (NWCCOG) is empowered to establish a revolving loan fund through its Articles of Association; and WHEREAS, a Region 12 Revolving Loan Fund Corporation (R-12 RLFC) has been established and bylaws have been approved by the NWCCOG Board of Directors. NOW, THEREFORE BE IT RESOLVED BY NWCCOG that the Articles of Association of Northwest Colorado Council of Governments are hereby amended. 1. ARTICLE II, Section H is hereby amended to read: H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a revolving loan fund may be created to assist in the financing of either public or private, for profit or nonprofit ventures, where the retention or creation of employment and the consequent public revenue or benefit to the health, safety and welfare of the Region 12 Revolving Loan Fund Corporation service area as defined by the Office of Business Development is deemed by the Board to be in the public interest. The Board shall appoint a revolving loan fund committee of nine persons, one from each county in the service area, under criteria as it shall establish. The Board shall also appoint nine alternates who may vote in the event of the inability of any committee member to attend a meeting. The NWCCOG Executive Director, Associate Executive Director or senior staff member shall serve as a non-voting, ex officio member of the loan fund committee. The revolving loan fund will create policy for review and approval of its loans including criteria established by agencies of origination from which capitalization of the revolving loan fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constitution, the Colorado Revised Statutes and applicable Federal law and Regulations. The revolving loan fund committee shall adopt bylaws for the conduct of its affairs and the administration of the revolving loan fund. Such bylaws shall not be effective until approved by the Board of Directors of the Council. ADOPTED THIS 12TH DAY OF DECEMBER, 1991, GRANBY, COLORADO. Mars -a W. Osborn, Chairman Peg Tof , S cretary NORTHWEST COLORADO C COUNCIL OF GOVERNMENTS Post Office Box 739 ' Frisco, Colorado 80443 ' Frisco 303 668-5445 ' Denver Direct 303 573-7611 ' FAX 303 668-5326 Resolution: 1991-7 RESOLUTION A RESOLUTION TO AMEND THE ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS WHEREAS, the Northwest Colorado Council of Governments (NWCCOG) desires to increase the participation of its members in NWCCOG activities; and WHEREAS, NWCCOG desires to expand the membership of the Executive Committee toward this goal; NOW THEREFORE BE IT RESOLVED BY NWCCOG that the Articles of Association of NWCCOG are hereby amended. ARTICLE III, Section 301 is hereby amended to read: 301 Executive Committee There is hereby created an Executive Committee which shall consist of seven voting representatives of the Council. There shall be one member AND ONE ALTERNATE from each of the six County areas in Region XII AND ONE AT-LARGE MEMBER WITH ONE ALTERNATE, which members may be either a County voting representative or Municipal voting representative from the County area. The Executive Committee members AND ALTERNATES shall be elected at the annual meeting in January and shall serve until the following January. The Executive Committee shall select the Chairman, Vice Chairman and Secretary-Treasurer from among its members. Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, ' Grand County: Fraser, Granby, Grand Lake, Hot Sulphur Springs, Kremmling, Winter Park, ' Jackson County: Walden, ' Pitkin County: Aspen, Snowmass Village, ' Routt County: Hayden, Oak Creek. Steamboat Springs, Yampa, ' Summit County: Blue River, Breckenridge, Dillon, Frisco, Montezuma, . Silverthorne Resolution: 1991-7 Page 2 of 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, 1991. Attested: M rsha Osborn Peg Tof Chairman Secretary/Treasurer Votes in favor votes against: 0 Votes abstaining: 0 Votes absent: WORK SESSION FOLLOW-UP January 31, 1992 Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements for County is not renewing contracts for snowplowing, ANNEXATION annexation. animal control, and police services. Ron to speak to (request: Lapin) Cindy Callicrate. 7/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Electric to New options for allocation of costs will be presented EAST VAIL establish special improvement district(s) for to Council in a timely manner to be included in the underground utilities in East Vail. required notification of the affected property owners in the proposed special district. Notices to be mailed the week of February 3rd. 05/07 SALES TAX COLLECTION LARRY/STEVE: Research remedies to change this to Draft ordinance forwarded to Forest Service and VA for (request: Gibson/Lapin) a mandatory TOV tax collection. review. Larry Lichliter states review will take another 30 days. (Review 2/18/92) Ron checked will Bill Wood. Response was due 1/24/92. Bill checking on its whereabouts. 07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an ordinance for SIDEWALKS discussion at 2/11/92 work session. 09/17 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works will present analyzed data by spring of (request: LeVine) Association would like to see a couple changes, '92. which might include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. 11/19 NEWSPAPER VENDING LARRY: What can be done to make these uniform and Scheduled for discussion at work session on 2/18/92. MACHINES locations less prolific? WORK SESSION FOLLOW-UP January 31, 1992 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 12/03 CONSENSUS BUILDING/ COUNCIL: Carl Neu will be conducting a half-day This special session will be held in the St. Moritz GOAL SETTING goal-setting session on Tuesday morning, 2/18/92. Room of the Sonnenalp. 12/17 LIONSHEAD MERCHANTS MTG. KRISTAN: This group meets the first Tuesday of each Kristan has spoken with new leader, Packy Walker. month. We are attempting to schedule for 3/3/92. (Merv, Peggy, Rob, Jim G., Ron, Kristan, Diana Donovan, Ned Gwathmey) 01/07 VILLAGE LOADING AND EVERYONE: A community meeting with Arnie Ullevig Staff is organizing a report for discussion by Council. DELIVERY ISSUES was held on Wednesday, 1/15/92. Staff meeting scheduled Monday, 2/3/92, 1:00 p.m. 01/07 KINSLEY RON: Schedule a 15 minute presentation by Fred This presentation has been tentatively scheduled for GEOTECHNICAL, INC. "Skip" Kinsley re: oil and gas exploration in the the regular evening meeting on Tuesday, 2/18/92. greater Vail area. 01/14 DOWD JUNCTION COUNCIUSTAFF: Council and staff are invited to INFORMATION CENTER attend a VIP tour of the new Forest Service facility at Dowd Junction on Monday, 2/3/92 at 10:00 a.m. Please meet at the Municipal Building by 9:45 a.m. if you wish to car pool. 01/21 EVENING PARKING MIKE ROSE: Evaluate financial ramifications of STRUCTURE FEES eliminating parking structure fees after 6:00 p.m. (request: Lapin) each night. Further review summer free parking, generating numbers to show revenue and expenses if some nominal fee were to be charged., 01/21 BEAVER POND KRISTAN: Check with FEMA experts, and Interfleuve REVITALIZATION to see what solution might be appropriate to revitalize this pond (i.e., dredging or other means).