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HomeMy WebLinkAbout1992-04-28 Support Documentation Town Council Work Session f~c ~ rk VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 28, 1992 1:00 P.M. IN COUNCIL CHAMBERS AGENDA 1. PEC Report. 2. Joint Work Session with the Design Review Board and Town Council. Re: Proposed Restrictions on the Use of Neon and Gas Filled Lighting in the Town. 3. Discussion with Housing Authority. Re: Ownership of Town of Vail. Land and Process/Timeframe to Implement Development of Affordable Housing on the Vail das Schone (2477-2497 Garmish) and Mountain Bell Sites. Presentation by Housing Authority Board Members. 4. Discussion Re: Proposed Modification to the Zoning Code to Allow for the Construction of Employee Housing Units in Certain Zone Districts and Details Regarding Each Type of Employee Unit. (Review of Draft Ordinance No. 9, Series of 1992, an ordinance creating a new Chapter 18.57 -Employee Housing and setting forth details in regard thereto; amending Chapters 18.10, 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.27, 18.28, 18.29, 18.34, 18.36, and 18.39 to provide for the addition of employee housing units as permitted or conditional uses within certain zone districts within the Town of Vail, and setting forth details in regard thereto; amending Chapter 18.04, setting forth certain definitions for an employee housing unit, a bathroom, and a kitchenette.) . 5. Information Update. 6. Council Reports. 7. Other. 8. Executive Session: Legal and Personnel Issues. 9. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION AND EVENING MEETINGS WILL BE ON TUESDAY, 5/5/92. THERE WILL NOT BE A WORK SESSION ON TUESDAY, 5/12/92. C:VIGENDA.WS i VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 28, 1992 1:00 P.M. IN COUNCIL CHAMBERS EXPANDED AGENDA 1:00 p.m. 1. PEC Report. 1:15 p.m. 2. Joint work session with the Design Review Board (DRB) and Town Shelly Mello Council to consider proposed restrictions on the use of neon and gas filled lighting in the Town. (Site visits are suggested for Council members to see on their awn.) Action Reauested of Council; Direct staff on implementation of regulations governing neon and gas filled lighting. Backaround Rationale: Over the past year, the Community Development Department has received comments concerning gas filled and neon lighting. The DRB has reviewed this item and made recommendations detailed in attached memo. Staff Recommendation.: The staff and DRB believe regulations addressing neon/gas filled signage and lighting should be considered. These regulations should take into consideration the character of the different areas within the Town. In order to preserve the traditional European character of areas like the Vail Village and Meadow Drive, regulations should be considered to address neon and gas filled signage and accent lighting. Neon and gas filled signage and lighting, as outlined in the attached memo, should be allowed in the Lionshead and the West Vail Mall because of the contemporary design of these areas. Neon and gas filled signage and lighting would be prohibited in all other areas of the Town. 2:15 p.m. 3. Discussion with Housing Authority re: ownership of Tawn of Vail land Jill Kammerer and process/timeframe to implement development of affordable housing on the Vail das Schone (2477-2497 Garmish) and Mountain Bell sites. Action Reauested of Council: Provide direction to Housing Authority regarding ownership of Town-owned land. Backaround Rationale: On March 24, the Housing Authority presented development concepts for 4 Town-owned sites. At that meeting, Council encouraged the Housing Authority to further investigate pursuing housing on the Vail das Schone and Mountain Bell sites. At the April 14 work session, Council granted approval to allow the Housing Authority the SDD approval process for the Vail dos Schone site. The Vail dos Schone site is proposed to be developed with 8-9 for-sale units. The Mountain Bell site is proposed to be developed with 40-45 rental units in several buildings. Note: Additional information will be distributed at work session. 1 3:15 p.m. 4. Discussion Re: Proposed Modification to the Zoning Code to Allow Jill Kammerer for the Construction of Employee Housing Units in Certain Zone Kristan Pritz Districts and Details Regarding Each Type of Employee Unit. Larry Eskwith (Review of Draft Ordinance No. 9, Series of 1992, an ordinance creating a new Chapter 18.57 -Employee Housing and setting forth details in regard thereto; amending Chapters 18.10, 18.12, 18.13, 18.14,18.16,18.18,18.20,18.22,18.24,18.27, 18.28,18.29,18.34, 18.36, and 18.39 to provide for the addition of employee housing units as permitted or conditional uses within certain zone districts within the Town of Vail, and setting forth details in regard thereto; amending Chapter 18.04, setting forth certain definitions for an employee housing unit, a bathroom, and a kitchenette.) Action Requested of Council: Review and discuss proposed Ordinance No. 9, Series of 1992, in order to allow staff to finalize the ordinance text. Background Rationale: The Planning and Environmental Commission (PEC) reviewed the proposed modifications to the zoning code to allow for the construction of employee housing units on August 12, 1991. Council reviewed the proposed modifications to the code which incorporated the PEC's comments at the August 27,1991 work session. The proposed ordinance incorporates issues raised by Council at the August 27 meeting, and sets forth proposed modifications to the zoning code to allow for the construction of employee housing units in certain zone districts and the details regarding each type of employee unit. 4:15 p.m. 5. Information Update. 6. Council Reports. 7. Other. 8. Executive Session: Legal and Personnel Issues. 9. Adjournment. C:IAGENDA.WSE 2 PLANNING AND ENVIiRONfWENTAL COM~AISSION April 27, 9992 AGENDA 11:OOAM Site Visits 1:30PM Worksession 2:OOPM Public Hearing Site Visits Worksession 5. 1. A request for a worksession on a conditional use permit for the Vail Team Tennis facility, generally located to the south of the Lionshead Skier Bridge and north of Forest Road on the existing tennis courts. Applicant: Vail AssociatesNail Recreation District Planner: Kristan Pritz Public Fiearlnq 2. 1. A request for an extension of a previously approved variance for the Neuswanger Residence, Lot 6, Block 6, Vail Ridge/2642 Cortina Lane. Applicant: Chris Neuswanger .Planner: Jill Kammerer 9. 2. A request for front and side setback and site coverage variances for the Wilhelm Residence, 4289 Nugget Lane, West Unit/Lot 5, Bighorn Estates, Resubdivision of Lots 10 and 11, Bighorn Estates. Applicant: Robert and Karen Wilhelm Planner: Jill Kammerer 8. 3. A request for front and side setback variances to allow for the extension of balconies at the Vail Trails East Condominiums, 433 Gore Creek Drive/Lots 7-15, Block 4, Vail Village First Filing. Applicant: Vail Trails East Homeowners Association/Mark Foster, President Planner: Shelly Mello 7. 4. A request for a conditional use permit to allow an outdoor dining patio on the first floor at the Lodge at Vail/Vllildflower Restaurant, 174 Gore Creek Drive/a Portion of Block 5C, Vail Village First Filing. Applicant: Lodge at Vail/Sherry Dorward Planner: Andy Knudtsen 3. 5. A request for an amendment to an approved development plan for Spruce Creek, Phase III, 1750 S. Frontage Road WestJSpruce Creek, Phase III. Applicant: Michael Lauterbach Planner: Andy Knudtsen 1. 6. A request for approval of a modification to the final phase at Vail Point, 1881 Lionsridge loop Road/Lot i, Block 3, Lionsridge Filing No. 3. Applicant: Steve GenslerNail Point Condominium Association Planner: Jill Kammerer 6. 7. A review of a staff approval of a minor amendment to Special Development District No. 6, Phase IV-A of the Vail Village Inn; Lot O, Block 5-D, Vail Village First Filing/100 East Meadow Drive. Applicant: Josef Staufer Planner: Mike Mollica 4. 8. A review of a staff approval of a minor amendment to SDD #4 - Cascade Village Area A, Cosgriff ParcelRhe Cascades, generally located south of Millrace Condominiums and west of The Westin Resort, Vail, and more specifically described as follows: A part of the SW ~/a NE'/a, Section 12, Township 5 S, Range 81 W of the 6th principal meridian, County of Eagle, State of Colorado, described as follows: Beginning at a point whence an iron pin with plastic cap marking the . center of said Section 12 bears S 42°50'19" W 669.34 ft: thence S 85°43'14" E 89..84 ft: thence S 57°25'30" E 169.46 ft: thence S 32°59'30" E 141.47 ft: thence S 65°31'36" W 95.04 ft: thence S' 69°01'36" W 103.02 ft: thence N 23°24'09" W 319.09 ft to the point of beginning. Applicant: East-West Partners Planner: Shelly Mello 9. A request for an extension of a previously approved variance for the Christiania Lodge, 356 Hanson Ranch Road/Lot D, Block 2, Vail Village First Filing. Applicant: Paul ~ Sally Johnston Planner: Mike Mollica TABLED T® JUNE 8TH ('MEETING 10. Approval of April 13, 1992 meeting minutes. P~IEnAORANDUIIA TO: Town Council FROM: Design Review Board Community Development Department DATE: April 28, 1992 SUBJECT: Neon and Gas Filled Lighting and Signage +i:.: y'.~ii::: i:...:::::.. f.:: ....1. x.,.:.rr.... r ..................:...+..r. "rvGi'ln'n+iC :~%iri~)1~:r .L.nr.Aw.uu6 x. Bryn ..::iY}: f. ' In an effort to clarify the Town's position on neon/gas filled signage and lighting, the DRB recommends the following changes to the sign code: 1. a. All exterior neon/gas filled signs would be prohibited throughout the Town. However, pan channeled signs in which the neon is completely concealed by a translucent material would still be allowed and would require DRB approval. b. In order to preserve the European character of the Village and East Meadow Drive, interior and exterior neon gas filled fixtures should be prohibited. c. Because of the contemporary design of Lionshead (CCII) and the West Vail . Mall area (CCIII), interior neon and gas filled window signs would be allowed as long as DRB approval was received. The neon window sign would need to meet the provisions listed below--size, location, number, distance from window, etc. 2. Size. Size should be limited to a maximum of 3 square feet for an interior neon window sign. Currently, allowable square footage for window signs is 15% of the window size, not to exceed 10 sq. ft. Number The number of allowable neon or gas filled signs would be limited to one neon window sign. Currently, two window signs are allowed. Location/Desian. The location and design will be reviewed by the Design Review Board. The intensity would also be considered. A technical method, such as measuring the foot candles emitted by the neon sign, would be preferred, if possible, for measuring intensity. 3. Neon/gas filled supplementary or accent lighting would be prohibited in all zone districts except CCII -Lionshead, excluding Village Center, and the West Vail Mall, if completely concealed from view from exterior vehicular, pedestrian or other public areas. All gas filled and neon accent lighting must be reviewed by the DRB to determine if the light source will be properly concealed. Intensity of lighting would also be considered. 4. The definition of a window sign will not change. This definition addresses signs within 3 feet of the business frontage. The staff does not have the ability to regulate signage more than 3 feet from the business' front window. However, language would be added to enable the DRB and staff to regulate all neon and aas filled signage and lighting which can be seen from public ways. . The staff concurs with the DRB on all of the above criteria except Item 4. Although the staff agrees with the DRB that the "3 foot" rule is abused by placing a prohibited sign 3'-i"back from the face of the business frontage, the staff feels that it would be very difficult to regulate all neon signs and lighting located in a business which could be seen from a public way. We could support increasing the distance from the interior window pane to 6-8 feet. Additional staff assistance would most likely be needed to administer the sign code if it were changed as proposed by the DRB. Below are examples of a number of neon/gas filled signage/lighting installations throughout town. Village Center -Accent Lighting Vendetta's Uptown Grill Cascade Crossing Vail Run East Vail Market Concert Hall Plaza/Montaneros Buildings Retail Businesses Adjacent to Lionshead Mall Attached is a memo from Larry Eskwith, Town Attorney, which outlines a number of issues which deal with the legality of a comprehensive sign code. Also attached is a copy of the City of Aspen's sign code. They banned neon in 1975. It includes examples of how we could regulate neon/gas filled signage and lighting in Vail. Breckenridge also prohibits the use of neon and gas filled signage and lighting. Aspen's original regulations have been amended and their most recent code concerning neon/gas filled lighting and signage was modeled after the Breckenridge code. - i ' LAND USE REGULATIONS § 5-401 ' t DIVISION 4. SIGNS Sec. ~i-401. Purpose. The purpose of this division is to promote the public.health, safety and welfare through a • comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscrimi- natory sign standards and requirements. _ . Toward this end, the city council finds that the City of Aspen is an historic mountain resort community that has traditionally depended on a tourist economy, Tourists, in part, are attracted to the visual quality and character of the city. Signage has a significant impact on the visual character and quality of the city. The proliferation of signs in the city would result in visual blight and unattractiveness ~ . and would convey an image that is inconsistent with a high quality resort environment. - Effective .sign control has preserved and enhanced the visual character of other resort com- munities in Colorado and other states. The City of Aspen must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City of Aspen as a desirable community to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance, These sign regulations are intended to: . > A. Preserve and maintain the Citq of Aspen as a pleasing, visually attractive environment: B. Promote and accomplish the goals, policies and objectives of the Aspen Area Compre- hensive Plan. C. Enhance the attractiveness and economic well-being of the City of Aspen as a place to live, vacation aid conduct business. D. Address community needs relating to upgrading the quality of the tourist experience, . preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the city's r. z...ier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the city, fostering the "village style" quality of the city, and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for tho communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located .and consistent with the category of use to which they pertain. ~ ~ " H. Permit signs that are compatible with their surroundings and aid orientation, and preclude placement in a manner that conceals or obstructs adjacent land uses or .signs. - I. Preclude signs from conflicting with the principal permitted use of the site or adjoin- . ing sites. Supp. No. .1 1652.17 • . LAND USE REGULATIONS § 5-403 r E • • J. Curtail the size and number of signs and sign messages to the minimum reasonably • necessary to identify a residential or business location and the nature of any such business. ~ K. Establish sign size in relationship to the scale of the Iot's street frontage and build- ing's street frontage along which the sign is to be placed. L. Protect the public from the dangersof unsafe signs, and require•signs•to beconstruct- . ed, installed and maintained in a safe and satisfactory manner. 1VI. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a meaner so as to not interfere with, obstruct vision of, or distract _ - • ~ motorists, bicyclists or pedestrians. Sec. 5-402. Applicability and scope. This division shall apply to all signs of whatever nature and wherever located within the City of Aspen. No sign shall be allowed except as permitted by this division. Sec. 6-403. ~ Procedure for sign permit approval. ~ A. Permit required It shall be unlawful to ~,.t, place, construct, reconstruct, or relocate ` , any sign without first obtaining a sign permit from the chief building official. • B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this chapter. The • . exemption shall apply to the requirement for a sign permit under Section 5-403. ~ • • 1. Preventive maintenance The ordinary preventative maintenance of a lawfully exist- ing sign which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such . . activity. _ 3. Banners, pennantsy streamers, and balloons and other gamfilled fcgures Temporary banners, pennants, streamers, and balloons or other gas-filled figures advertising a. . special campaign, drive, activity or event of a civic, philanthropic, educational, or • ~ religious organization for noncommercial purposes, subject to the following: a. Location. Any such temporary sign which extends over or onto a public right-0f-- way shall be erected and maintained in such a manner as to not interfere with or obstruct access, activity, or vision along aay such public right-of-way, and shall be subject to the written arr.., ~ al of the city manager. . _ b. Timing. Such temporary signs may be ~.,;,ed and maintained for a period not to exceed fourteen (14) days prior to the date of which the campaign, drive, activity, or. event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity, or event. 1653 • a § 5-403 ASPEN CODE - • -rl c. Dimensions. Temporary signs shall not exceed fifty (50) squaze feet in area. 4. Construction signs. One freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which , do not exceed six (6) square feet in area per sign, which are not illuminated, and - which identify individuals or companies involved in designing, constructing, financ- ing or developing a site under construction. Such signs may be. erected and main- twined only for a period not to exceed thirty (30) days prior to commencement of • construction and shall be removed within fourteen (14) days of termination of con- - struction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, ~r ~ . ided it does not identify or advertise a person, product, service or business. S. Directional or instructional signs. Signs, not exceeding six (6) inches by thirty (30) - inches'in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing . direction or instruction to persons using a facility but not including those signs • ' accessory to parking azeas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 6. Fine art VAorks of fine art which in no way identify or advertise a person, product, service or business. . 7.. Flags. Flags, emblems and insignia of political or religious organizations providing . .such flags, emblems and insignia are displayed for noncommercial purposes. 8. !,overnment signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, • .signs of public service companies indicating danger, and aids to service and safety which are ~1~..~,ed by, or for'the order of government. 9. Hastoric designation. Signs placed on a historic building identifying the structure ~s an historic landmazk which sign shall be a wall sign not to exceed six (6) squaze feet in area. - ~ . 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed • on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in safe condition and do not constitute a fire hazard. 11. Incidental signs on vehicles. Signs placed. on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way • intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of--way, public property, or private property so as to be visible from • ~ a public right-of--way where the appazent purpose is to advertise a product, service or activity, or direct people to a business or activity located on the same or nearby . property. ~ 1654 . 1;AND USE REGULATIONS ~ $ 5-403 • 12. Interior signs. Signs which are fully located within the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30" x 42", located~within the inner or outer lobby, court, or entrance of any theatre which are intended solely for information relating t7 the interior operation of the building in which they are located. - .13. Mail boxes, including street address. - 14. Memorial signs Memorial plaques or tablets, grave markers, statutory declaring names of buildings and date of erection when cut into any'masonry surface or when • constructed of L~.,,..ze or other incombust~le materials, or other remembrances of persons or events that are noncommercial iri nature. 15. Menu signs One sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the save lines or parapet wall of that portion of the p=incipal- building in which the use to which the sign applies is located, and which advertises ' and/or identifies a restaurant menu, drinks, or foods offered, or .special activities • incidental•to drink and food service. ' 16. Public notices Official government notices and legal notices. I7. Resideniial name and address signs One freestancti.ng or wall sign per detached • dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which identifies the name of the W~,,....r.ant and the street address of the dwelling unit. 18. Shielded light in arehitedural design. Lights permanently affixed to a building and made an integral part of the building architecturally, designed for that building, directed only at and not away from the building, and shielded in such a manner that ' the light source is fixed and is not directly visible from any public right-of--way or any area outside the lot on which the building is located, provided such lights are not flashing lights. 19. Vending machine signs. Permanent, nonflashing signs on vending machines, gaso- line pumps, ice or milk containers, or other similar machines indicating only the • contents of such devices, the pricing of the contents contained within, directio~tal or . instructional information as to use, and other similar information not exceedi.ag four (4) square feet in area for each exposed sign face nor exceeding an aggregate sign area of eight (8) square feet. C. Application A development application for a, sign permit shall include the following information: 1. That information squired on the form provided by the building inspector; ' 2. A letter of consent the owner of the building, if the applicant is not the owner or a tenant; 3. Proposed location of the sign. on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications, and method of construction of - ~ . ~ ~ ~ the sign and its supports, showing proposed dimensions, materials, and colors and the ~J' type, intensity, and design of the sign's illumination, if any; and ' • 1655 • § 503 ~ ASPEN CODE 5. The dimensions, measti. ~...ents, and calculations of building frontages and line front- - ages on streets and alleys; the dimensions of any other sign located on the property; and any other information .needed to calculate permitted sign area, height, type, - placement or other requirements of these regulations. _ ~ _ D..Determination of completeness After a development application fog a sign permit has . been received, the building inspector. shall determine whether the application is complete. If the building inspector determines that the application is not complete, written notice shall be . served on the applicant specifying the deficiencies. Tlie building inspector shall take no further action on the application unless ~e deficiencies are remedied. If the application is determined complete, the building inspector shall notify the applicant of its completeness. A deterr*+~*+Ation of completeness shall not constitute a determination of compliance with the substantive requirements of this division. • E. Determination of compliance . 1. 'All signs except those with graphic designs. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this division, the building inspector shall approve, approve with condi- tions or deny the development application for a sign permit. 2. Signs with graphic design. In the case ~f a development•application for a sign permit involving a graphic design, the building inspector shall refer the application to the • . planning director, who shall review the application and determine its compliance and consistency with the purposes, requirements and standards of this division and then shall recommend approval, approval with conditions or denial of the application to - the cor+TM+~ Gsion. ~ - . ' After receiving the completed application and the planning director's recommend~- tion, and after determining the application's compliance and consistency with the purposes, requirements and standards of this division, the commission shall approve, approve with conditions or deny the application. • Sec. 5-404. prohibited signs. ` • The following signs are ~~r. essly prohibited for erection, construction, repair, alteration, , relocation or placement in the City of Aspen.... ' A. "A",frame, 'sandwich board, and sidewalk or curb signs - B. Billboards and other off-premise signs. Billboards and other off-premise signs, except • as a temporary sign as provided for in Section 5-412. ~ . . C.~ Hashing signs. Signs with lights or illuminations which flash, move, rotate, scintil- late, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations. D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible me- chanical movement of any description or other apparent visible movement achieved ~ ~ ~ ' by electrical, electronic or mechanical .means, including automatic electronically controlled copy changes. • ~ 1656 i • LAND USE REGULA~'IONS $ 5-404 Y E. Neon and other gasfilled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for ir..direct illumina- tion and in such a manner as to not be directly exposed to public view. ' F. Obsolete signs. A sign which identifies or advertises an activity, business, product, . service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the benefi- vial use of such sign within ten .(10) days after written notification fi,,... the building . inspector, and upon failure to comply with such notice within the time specified in such oruer, the building inspector is hereby authorized to cause removal of such sign, ' and any expense incident thereto shall be paid by the owner of the ri,,,,erty on which . the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this paragraph. Signs of historical character shall not be subject to the provisions of this section. For the purpose of this section, historical signs are defined to be those signs erected prior to January 1, 1945. G. Portable and wheeled signs. H. Roof sign.. • I. Search lights or beacons J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of--way, adjacent lot, or building other than the building to which the sign may be accessory. ' K. Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversih?e perspective, giving the illusion of motion or changing of copy. Ni. Signs obstructing egress A sign which obstructs any window or door opening used as a means of egress, prevents fi ee passage from one part of a roof to any other part, interferes with an opening required for legal ventilation, or is attached to or ob- structs any standpipe, fire escape br fire hydrant. . N. Signs on,~arked vehicles Signs placed on or affixed to vehicles and/or trailers which are pazked on a public right•of--way, public prop~:.;,y, or private ~..,.,,erty so as to be . visible. from ~ public right-ofway where ~ the, appazent purpose is to advertise a .product, service or activity or direct people to a business or activity located on the . same or neazby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, • where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of-way. A sign in, on, over or above a public right-of•~way that in any way interferes with normal or emergency use of that rightrof--way. Any sign allowed in a public right-of--way may be ordered removed by the building inspector upon notice if the normal or emergency use of that rightrof--way is changed to require : its removal. ' 1657 § 5.404 .ASPEN CODE ~ ' P. Strings of light and step lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded. . Q. Unsafe signs. Any sign which: 1. Is structurally unsafe; _ 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or . dilapidation; . 3. Is not kept in good repair; - 4. Is capable of causing electrical shocks to persons likely to come into coatact.with _ it; 5. In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or aevice or any other official government regula- tort' or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway ~ any parking area, service drive, public driveway, alley or other tl}oroughfare; " - 8. Is located on trees, rocks, light poles, or utility poles, except where required by law; or 9. is located so as to conflict with the clear and open view of devices placed by a ; _ public agency~for controlling traffic or which obstructs a motorist's clear view of . an intersecting road, alley or major driveway. Sec. 5-405. Sign measurement. . A. GeneraL.ln calculating the area allowance for signs in all zone districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encom- passes the facing of a sign including copy, insignia, background and borders, provided that cutrout letter signs shall be considered wall signs and their asp ~.-gate area shall be credited toward allowable sign area at one-half (~i) the measured area.. .C..?too or more faces. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two (2) such faces are placed back to back and are'at no point more than two (2) feet from one another. The area of the sign shall betaken as the area of the face if the two (2) faces are of equal area, or as the area of the larger . face if the two (2) faces are of unequal area. Sec. ~ 6-406. Sign setbback. • `All sins shall be subject to the setback requirements of the zone district in which they are located and the principal use to which they apply, unless"specifically exempted or modified elsewhere in this division. b 1658 LANIf USE REGULATIONS § 5-408 Sec. 5-107. Sign illumination. ' A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illl~m;nation, fluorescent illt,m;nAtion or neon or other gas tube lllt~mina_ ~ . tion, except when used for indirect illumination and in' such a manner as to not be directly ;..,.r sed to public view. ~ - B. Shielding illumination. Ilb~**+~nation of signs shall be designed, located, shielded and - ' directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, -any adjacent public right-of-way, surrounding property, *esidential property or motorist's vision. Sec. b-408. ~gn lettering, logos and graphic desagns. - A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed twelve . (12) inches in height, except that the initial let~;er in each word shall not exceed eighteen (18) - inches in height. B. Logos 'No logo on any sign; including cut-out letter signs, shall exceed eighteen (18) inches in height and eighteen (18) inches in length. C. Graphic designs. ~ - 1. ~It shall be unlawful to erect, place, construct, reconstruct, alter, paint, repaint, i ~ refurbish, repair or change a graphic design with an effective area greater than ten (10) square feet without first obtaining a sign permit for a graphic design i'i~u. the coa~_Q~on. 2. Any ~..,l,osed graphic design must comply with all provisions of this division pro- vided that no graphic design need conform to the limitations on size of lettering in . ~ 8*ection 5~081A) or requirements pertaining to size in the zone district regulations in - Section 513. ~ • 3. In reviewing the application the planning director shall recommend and the commis- sion shall approve the proposed graphic design if it: a. Harmonizes with the structure or structures on the parcel on which i*, is to be painted; . b. Is compatible with the other signs or graphic designs on the premises; . c.- Is suitable and ai.r, „priate to the neighborhood; d. 'Contributes to any special characteristics of the particular area of the city in ' • which it is to be located; . e. Is well designed and pleasing in appearance; • f. Is desirable as an urban design characteristic; ~ . g. Does not constitute a nuisance to the occupants of adjacent or contiguous r...rerty; h. Is not detrimental to property values; and i. Dces not constitute a traffic and safety hazard because it is.distracting, or is not considered obscene, lewd, indecent or oth~...:se offensive to public morals. • 4. The commission may attach to its approval of a development application, any condi- tions which in its judgment are necessary to carry out the purposes'and intent of the 1659 § 5-408 ASPEN CODE ~ review standards. The commission .may also require annual maintenance inspections of the design by, the building inspector, and revoke any permit issued if a graphic design is not maintained. ' 5. • The commission shall request a recommendation from the HPC for any graphic design proposed to be painted in any, H, Historic District or on any historic land- .mark. Any recommendation received shall be a recommendation, and shall not be ~ ' . -controlling on any commission action. _ _ _ 6. No development application for a graphic design permit shall be required to repaint any graphic design ezactly as it previously existed, pursuant to a previously ap- r.., ~ ed graphic design permit. ' ' Sec: Ci-409. Structural characteristics. The following limitations shall apply to all freestanding, projecting and wall signs: A. Freestanding signs ~•eestanding signs shall not be higher than the principal build- ing or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet - above grade when located adjacent to a pedestrian way. B. Projecting signs Rrojecting signs shall not be higher than the eave line or parapet ' wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or .parapet wall of the top of tl:e principal building, and no sign part, including cut-out letters, shall project . ' more than six (6) inches from the building wall. ' Sec. 5-410. Nonconforming signs. . Nonconforming signs which were in existence on or before May 25, 1988, shall be ~discon- tinue3 on or before November 25, 1988. Sec. 5-41fl. Signs on public right~f way. ' . ~ It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including lightposts, belonging to the City of Aspen without . the permission of the city council. However, this section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties, or ~ . to specific circumstances otherwise provided for in this division. Sec. 5-412. 'pemporary signs. A. General No temporary sign is permitted within the city unless all other signs on the property upon which the temporary sign is to b~ erected, placed or affixed and the temporary sign itself conform to this division. • . ' 1660 ;B ~ LAND USE REGULATIONS § 5-412 ,J B. Residential uses and residential zone districts. For all residential uses and residential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 513, and then only if accessory and incidental to a permitted or conditional use: 1. Real estate for sale or rent sign, Temporary real estate signs advertising the sale or rental of the ,..,.rPrty upon which the sign islocated, subject to the following: a. Type The temporary real estate for sale or rent sign shall be g freestanding or wall sign. b. Number. There shall be not more than one temporary real estate for sale or rent sign per lot. c. Area. The area of the temporary sign shall not exceed three (3) square feet. . d. Height The height of the temporary sign shall not exceed five (5) feet as mea- sured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. i;. Nonresidenaaal uses and nonresidential zone districts. For.all nonresidential uses and nonresidential zone districts, only the following temporary signs are permitted, in addition to • the signs permitted under Section 5-413, and then only if accessory and incidental to' a permitted or conditional use. - ~ 1. Temporary sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, prc?duct or sale of a limited duration, or identify- ing arestaurant menu, subject to the following: a. Type The temporar3~ sandwich board shall be a sign carried by a person. b. Number..There shall be not more than one such temporary sign per use at any one time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signe Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be subject to the following: a. Type The temporary political sign shall be a wall sign or banner.. • . b. Number. (1) Private property. There shall not be more th$n one temporary political sign for each use. ~ . (2) Public right-of-way. There shall be no temporary political signs permitted on or located in the public right•of--way or on public r~„rerty. c. Area. The area of temporary political signs shall not exceed four (4) square feet. d. Height Temporary political signs shall not project higher than the eave line or parapet wall of that portion of the principal building in which the applicant who applied for the sign is located, if it is a wall sign. 1661 § 5-412 ~ ASPEN CODE - i e. • Duration Temporary political signs may be erected or maintained for a period not to exceed thirty (30) days prior to the date of the election to which such signs are applicable, and shall be removed within seven (7) days following such election. Temporary political signs concerning issues or candidates which are not on a ballot may be maintained for a period not to exceed thirty (30) days. . ~ 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following. a.. Type The temporary' sale sign shall be placed in the window or windows of the business holding the sale. ~ . b. Number. There shall be r:.....itted not more than one temporary' sale sign in anp~ window, and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days, and shall be removed on the day following the end of the sale. Sec. 513. Zone district sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under _ Section 5-412 and the following signs are permit~.,ed and then only if accessory and incidental to a permitted or conditional use. 1. Home occupption, multiple-family dwelling complex or mobile home~k ttientifwation signs . a. Type The home occupation, multiple family dwelling complex, or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. Theme shall be not more than one freestanding or wall sign per home occupation, or per street entrance of amultiple-family dwelling complex or - • mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, not to exceed a total of twenty (20) square feet. • d. Illumination A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. A multiple- family dwelling complex or mobile home park identification sign maybe illt~**+inated. B. Institutional uses For all church, school and public administrative building uses, only - . temporary signs permitted under Section 5-412. and the following signs are permitted and then onlq if necessary and incidental to a permitted or conditional use. 1. Church, school or public administrative building identification signs • a. Type The church, school or public administrative building • identification sign shall be a freestanding or wall sign. b. Number. There shall be • not more than two (2) signs permitted along the lot • frontage on any one street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 5-413(Bxlxc). - c. Area. (1) Fl «.~t,...ding sign. The area of a freestanding sign shaIl not exceed ten (10) square fret. (2) Wall sign The area of a wall sign shall not exceed ten (10) square feet. 1662 M ~~E LAND USE REGULATIONS § 513 i (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on any one street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the . building within which the principal use is conducted. The aggregate sign - area permitted along the lot frontage on any .alley shall be computed as if . the. alley were. a street. In no case shall the aggregate sign area for any one . use on any one frontage exceed twenty (20) square feet. • (4) Illumination The sign maybe illuminated except when located is a residential. • zone district. • . • C. Recreation club or open use recreation site uses For all recreation club or open use • • recreation site uses. only temporary signs permitted under Section 512 and the following signs are permitted and then only if a:.,,~ary and incidental to a r:..,..itted or conditional use. 1: Recreation club or open use recreation site designation signs . a. Type The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one sign per use permitted along the lot frontage on any one street, not to exceed a total of two (2} signs per lot, subject to the area requirements in Section 5~413(Cxlxc). c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign The area of a wall sign shall nit exceed ten (10} square feet. (3) Aggregate sign are4.The a,~.;,gate sign area permitted along the lot frontage on any one street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which • the principal use is conducted. The aggregate sign area permitted along tha lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for any one frontage exceed twenty (20) square feet. - ~ (4) Illumination The sign may be illt....:..~~°_? only during bouts of normal motion. - D. Commercial uses For all Cotttmei•cial Core (CC), Commercial (Gl), LodgelTourist Residential (IJTR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (l\iC) or SetvicelCommercial/industaial (SCI) zone district uses, only temr„.,~ty signs permitted under Section 5.412 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use. . 1. Business or occupancy identification signs. . a. Type The business and occupancy identification signs shall be freestanding signs, pmj~~,.:..g signs, wall signs, including cutout letter signs, ar lettering on awnings. b. Number. There shall be not more than a combination :of two (2) of the following . . Three (3) types of signs: one freestanding sign per use, one projecting sign per use, or oue wall sign, including scut-out letter sign, per use, subject to the area ~ - . requirements in Section 5-413(Dxl~c). In.addition, there shall be no limit on the ~ number of business and occupancy identification signs which may be placed in 1663 ^,a § 513 ASPEN COD)J ' i the windows of the business, provided that said signs shall count against the aggregate sign area permitted as if the window sign was scut-out letter sign. There shall also be no limit on the number of awnings which may be lettered. ' e. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed'ten (10) square feet. _ ~ • • _ (2) . Projeding sign The area of a projecting sign shall not eb..~:.1 six (6) square feet. . (3) Wall sign The •area of a wall sign shall not exceed ten (10) square feet. : (4) Awning sign The area of an awning sign shall. not be limited, but the 'lettering on the awning. shall not exceed six (6) inches in height. ' (5) Aggregate sign area. The aggZ agate sign area permitted along the lot frontage ' on any one street shall not exceed one square foot of aggregate sign area for . 'each three (3) feet of lot line frontage ocxupied by or projected from the . . building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more than one use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owner(s) and occupant(s) of the building. The building inspector shall be notified of such agreement and the respective proportionate . shares of signage. In no case shall the aggregate sign azea for any one use on any one frontage exceed twenty (20) square feet. d. Location The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one sign may be located on the business being identified and the other sign may be included in a business directory sign. 2. Business directory signs. ' ~ a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one business directory sign per lot. ~ ' c: Area The ma~...am r.G....itted area of the business directory sign shall be as follows: For ~ to 5 businesses-One square foot of sign area per business " For 6 to 10 businesses-Five square feet plus',4 square foot for each business over ' five businesses , For more than 10 busine~~~-7'fz square feet, plus'~4 square foot for each business • over ten businesses, to a maximum sign area of 10 squaze feet • ' DIVISION 5. SLrrLEMENTARY REGULATIONS • Sec. 5-501. General. ' Regulations specified in other sections of this article shall be subject to the following . provisions. 1664. a '4 AAEIUIORAN®UM TO: Town Council FROM: Community Development Department DATE: April 28, 1992 SUBJECT: Employee Housing Ordinance ry. n.: ...,.,x.,..............:.~.........:. t.::::.: r..:.,.,......,...:....:..:.::::::.:.:::::.:.~ ~.r . ~~tv :i:::.vv::.: :.:::::::.v:::: ~r.w;; . ~v:::.v.:..:::::::: w:;; . };1%iiiiiiiiii~i:viii}}}}}:viiii'""'' ...................r. rr~ n............ :v.:,:~+:.~: :i:~:v:: ii}i::.::vii:iis~:~:i}::::~':~~iii:^:•:Lti~i:i::~ii:!~iii}:•i iiii:::: i:: v . r......: ........:::::.v:::::::. h.:::..w :::::::::::::::.y::: f:::.;:....::::ii:viiviii:::.iiii:::•Y.in v: . r.. ~ :~i::ii?ti;r:::: :....v+....... r.~:::: n'l'r r:::::...........; ; . v; r:::. ?w::.: n.: n•.~v: Y. sv:::: :.:r;f..YJw:r.:::v: x.v:+v: x::::::: ::?vi. ~:.}v:::: rr~.}}~i.•r.r v::~ :m:. ~::i4iYrii?i?iii.ii?i:i.:::::: ~i: u::.wr+.vrr: r~.•.vm.~:: r::x ~..vx:::::xx~+. iv.. .uixii: n+h ....n...l . Listed below are the responses to the issues raised by the Town Council at the August 27, 1991 worksession regarding the proposed amendments to the zoning code to allow for the construction of employee housing. Also listed are additional issues which staff believes should be addressed and incorporated into the revised Employee Housing Ordinance. First Reading of the Employee Housing Ordinance, is scheduled for May 19, 1992, depending on the comments received from Council. Issue Mo. 1: The number of residents permitted per unit and restrictions, if any, related to children born to residents during the lease. Response: The first draft of the ordinance limited unit occupancy. (See attached Exhibit A.) At the August 27, 1991 Town Council worksession, Council members raised a question regarding occupancy restrictions. The concern related to how a child born during the term of a lease would affect occupancy requirements. Staff recommends the occupancy allowed for a Type II unit be modified to allow for a maximum occupancy of three individuals. Under this scenario, if one child is born, the occupants may remain in the unit. However, if a second child is born, the occupants of a unit will be required to relocate. Staff does not recommend increasing occupancy limits for the other types of EHUs as staff believes there could be negative impacts on adjacent properties. Issue iVo. 2: May units be constructed for-sale as well as rental? Response: Per direction from the Town Council, this ordinance addresses rental units only. However, staff believes it is important to address the sale of EHU units at this time, as one of the first projects which the Housing Authority is considering is a for-sale project. The Housing .Authority will be presenting information regarding how for-sale units might be restricted by deed at the April 28, 1992 worksession. In addition, the provision for ownership may be attractive to developers other than the Housing Authority. At a minimum, staff recommends changing the Type I EHU to accommodate an ownership provision. 1 Issue No. 3: In the previous ordinance, it was difficult to know whether there were special parking requirements beyond the requirements set forth in the Parking section of the Municipal Code for each EHU. Response: The number of parking spaces required to be provided in conjunction with each EHU are set forth in this draft copy of the ordinance. With the exception of the number of parking spaces required, all other parking standards, as set forth in the parking standards section of the Municipal Code, shall apply. (Please see attached Exhibit B.) Issue No. 4: What is the density for each type of unit, including the number of units, as well as the GRFA? ' Response: Construction of EHUs would be allowed at densities as described under the Type I, Type II, Type III and Type IV sections of the draft ordinance. In the single family, two-family and primary/secondary zone districts, in order to eliminate any conflicting language in the existing code regarding allowable densities the Employee Housing Ordinance, the density section of the code for each of these zone districts will be modified. With regard to GRFA, the minimum and maximum allowable GRFA per each type of EHU is set forth in the draft ordinance. The maximum GRFA allowed per lot under the existing GRFA guidelines shall not be exceeded. With regard to the Additional Gross Residential Floor Area section of the zoning code, staff suggests the "250 Ordinance" be revised in the following manner: Up to 250 sq. ft. of the "250" can be incorporated into an EHU on day 1 (i.e. without having to wait the five year period, as currently stipulated in the "250 Ordinance°'), provided an equal amount of allowable GRFA for the lot is used as a match. If the applicant elects to use Tess than the 250 sq. ft. of the "250," (and will match this lesser amount with allowable GRFA} the balance of the "250" which is not incorporated (used} in conjunction with the employee housing unit shall not be available until the five year period has lapsed, as currently stipulated in the "250 Ordinance." Issue No. 5: Which of the units can stand alone, and which must be attached to existing units? Response: Type I and Type II units must be attached to other structures on the site, as set forth in the draft ordinance. The object is not to have a single employee unit stand alone like a single family dwelling. With regard to Type III and Type IV EHUs, again the object is not to have a single employee unit stand alone like a single family dwelling. In order to clarify this objective, all buildings which have Types III and IV EHUs are to be located in a "multi- family dwelling". 2 Issue IVo. 6: Is it necessary to restrict the subdivision and sale of employee housing units if their use is already restricted by covenants filed on the land records which last in perpetuity? Why not provide for the sale of these units to employees who meet the criteria, or for the sale of these units to anybody else, so long as the units continue to be rented to employees? Should income restrictions be placed on individuals who qualify to purchase the units? Response: As previously stated in Issue No. 2, in order to facilitate the passage of this ordinance, the sale of employee units was not to be addressed at this time. However, staff believes it is appropriate to address the sale of EHUs at this time. Issue Plo. 7: Should there be any size restrictions concerning the relationship of EHUs and' . existing units to which they are attached? Response: No. Staff believes the unit size restrictions contained within the draft ordinance and the following language regarding a Type II unit, "A Type II EHU shall be incidental to the use of the property as a single dwelling" sufficiently address this issue. Issue No. 8: The Planning Commission has suggested every EHU application be signed by the property owner only. Would an authorized agent of the owner not have the power to submit such an application? Is this really necessary? Response: Staff believes this issue has been addressed for Type II, III and IV units in the draft ordinance. The draft ordinance clearly states a property owner or the owner's agent or authorized representative may sign the conditional use application. With regard to Type I EHUs, currently the property owner's signature is required before a request for a Type I EHU (restricted employee unit on a substandard sized P/S or Two-Family lot) will be processed. Miscellaneous Draft Ordinance Modifications In Response to August 27, 1991 Town Council Worksession Discussion: 1. The ordinance was revised to allow a Type II unit in the Hillside Residential district. Additional language was added which states, in the Hillside Residential district, the maximum size for a Type II unit shall not exceed 1,200 sq. ft. 2. The "employee housing report", filing requirement was changed from bi-annual to annual (February 1 of each year). 3. The following language was added under the Type I EHU, "For density purposes, a Type I EHU shall be calculated as 1 dwelling unit." 4. At the August 27th worksession, some members of the Town Council requested the staff investigate changing the Type III and Type IV unit sizes in order to "close the gap" between the Type III (450 - 900 sq. ft.) and Type IV (200 - 300 sq. ft.) units. The . Type IV unit is envisioned to be similar to a studio. This type of housing will likely meet the needs of the seasonal worker as it is viewed as temporary, short-term housing. 3 The Type III EHU is a long-term rental unit. To decrease the size of this unit will create less desirable living conditions. Staff believes that by allowing the size of a Type III EHU to be decreased, one increases the likelihood of greater wear and tear on the unit. In summary, no change is proposed to the unit sizes. c:yil I~memos~housing.428 Exhibit A EHU Descriptions ~ Applicable Zone Districts Approvals Required Square Feet Density Parking Occupancy Type I* P/S; Duplex Permitted with DRB Maximum of 1 EHU per lot Number of No limitation, Approval 40% of which is less than parking spaces except by allowable GRFA 15,000 sq. ft. in to be provided definition of for lot size. in compliance family in code with code. A minimum of 50% of required parking for the unit must be enclosed. Type II SF; P/S; Duplex Conditional Use/DRB 300-900 sq. ft. 1 EHU per 1 space per 3 individuals single family, bedroom. If unit is per unit primary/secondary new, 1 parking or two-family lot. space must be enclosed. Type III RC; LDMF; MDMF; HDMF; Conditional Use/DRB 450-900 sq. ft. Each Type III EHU 1 space per 2 individuals PA; CCI; CCII; CCIII; CSC; shall be counted as bedroom/2 spaces per bedroom ATB; Parking; Pub. Use 0.5 dwelling units. for 1 bedroom Dist.; Ski Base/Recreation units which exceed 600 sq. ft. in size. Type IV RC; LDMF; MDMF; HDMF; Conditional Use/DRB 200-300 sq. ft. Each Type IV EHU 1 space per unit. 1 person per PA; CCI; CCII; CCIII; CSC; shall be counted as unit. ATB; Parking; Pub. Use 0.333 dwelling units. Dist.; Ski Base/Recreation This type of unit is already allowed by the Town of Vail Zoning Code. y IEXIH111$6 0 ® 1 Parking Requirements Proposed Per Current Housing Ordinance Code Requirements Type I Per current code, 50% of required Per current code, 50% of required parking parking must be enclosed. must be enclosed. Type II 1 space per bedroom; 2 spaces Under 500 sq. ft. - 1.5 spaces per unit; per bedroom if one bedroom unit Over 500 sq. ft. - 2 spaces per unit over 600 sq. ft. Type III 1 space per bedroom 1.5 to 2 spaces per unit Type IV 1 space per unit 1.5 spaces per unit 5 ' D a ORDINANCE NO. 9 -DRAFT #4 (4/23/92) SERIES 1992 AN ORDINANCE CREATING A NEW CHAPTER 18.57 -EMPLOYEE HOUSING AND SETTING FORTH DETAILS IN REGARD THERETO; AMENDING CHAPTERS 18.10, 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.27, 18.28, 18.29, 18.34, 18.36, AND 18.39 TO PROVBDE FOR THE ADDITION OF EMPLOYEE HOUSING UNITS AS PERMITTED OR CONDITIONAL USES WITHIN CERTAIN ZONE DISTRI~, ~ ~ WITHIN THE TOWW OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO; AMENDING CHAPTER 18.04, SETTING FORTH CERTAIN DEFINITIONS FOR AN EMPLOYEE HOUSING UNIT, A 03ATHROOM, AND A KITCHENETTE. WHEREAS, the Town of Vail's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests; and WHEREAS, Vail's ability to provide such service is dependent upon a strong, high quality and consistent work force; and WHEREAS, to achieve such a work force, the community must work to provide quality living and working conditions; and WHEREAS, the Town recognizes the importance of its role in these efforts; and WHEREAS, the availability of housing plays a critical role in creating quality living and working conditions for the community's work force; and WHEREAS, in January, 1990, the Town of Vail commenced the preparation of an employee housing study which assessed the community's need for expanding the supply of employee housing for both year-round and seasonal, local residents, and provided a series of policies and recommendations to be followed by the Town of Vail; and WHEREAS, the Town of Vail Affordable Housing Study was completed and, following months of study, work sessions, and public hearings with the Town Council, the Planning and Environmental Commission, and the general public, the study was approved by the Town Council on November 20, 1990; and WHEREAS, the study concluded there is a shortage of employee housing in the Town of Vail; and WHEREAS, the Town Council now wishes to implement recommendations and policies set forth in the Affordable Housing Study for the provision of certain types of employee housing as a permitted or a conditional use in certain zone districts within the Town. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1 Section 1 Chapter 18.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.002, to read as follows: Section 18.04.002 Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full-time employees in Eagle County. EHUs shall be allowed in certain zone districts as set forth in Chapter 18 of this Code. Development standards for EHUs shall be as provided in Chapter 18.57 -Employee Housing. For the purposes of this Section, afull-time employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be four (4) categories of EHUs: Type I, Type II, Type III, and Type IV. Provisions relating to each type of EHU are set forth in Chapter 18.57 -Employee Housing of this Code. Section 2 Chapter 18.04 -Definitions of the Vail Municipal Code is hereby amended by the addition of Section 18.04.007 to read as follows: Section 18.04.007 Bathroom shall mean a room containing a working shower or bathtub, sink, and toilet. Section 3 Chapter 18.04 -Definitions of the Vail Municipal Code is hereby amended by the addition of Section 18.04.195 to read as follows: Section 18.04.195 Kitchenette shall mean a room containing not less than the following fixtures and appliances: a microwave and/or cooking surface, sink, and small refrigerator. Section 4 Title 18 of the Vail Municipal Code is hereby amended by the addition of Chapter 18.57 to read as follows: 2 Chapter 18.57 - Employee Housing Sections: 18.57.010 -Purpose 18.57.020 -Employee Housing: Units (EHU) Generally 18.57.030 -Applicability 18.57.040 - Type I -Employee Housing Unit 18.57.050 -Type II -Employee Housing Unit 18.57.060 -Type III -Employee Housing Unit 18.57.070 -Type IV -Employee Housing Unit 18.57.010 -Purpose The Town of Vail's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistent work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes the importance of its role in ensuring housing is available. Chapter 18.57.020 -Employee Housing Units tEHU) Generally A) No employee housing unit which is constructed in accordance with this Chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. B) Prior to the issuance of any building permit for the construction of an EHU, the applicant shall file restrictive covenants permanently restricting the EHU so that it shall be rented only to tenants who are full-time employees who work in Eagle County, and shall not be leased for a period less than thirty (30) consecutive days. The covenants shall be in a form approved by the Town Attorney, shall run with the land, and shall provide that it shall not be amended or terminated without the written approval of the Town of Vail. For the purposes of this Section, a full-time employee is one who works an average of a minimum of thirty (30) hours each week. C) No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective date of this ordinance shall submit two (2) copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of 3 the Town of Vail Housing Authority setting forth evidence for each tenant whom resides within their employee housing unit that said tenant is a full-time employee in Eagle County. 18.57.030 - ApQlicability A) The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where EHUs are permitted by this Chapter. B) Where the provisions or requirements of this Chapter conflict with the provisions or requirements set forth in any zone district, the provisions of this Chapter shall control. 18.57.040 - Tvpe I - Emglovee Housing Unit A) Application Any person who wishes to construct an EHU shall submit an application to the Community Development Department containing the following information: 1. The name and mailing address of the applicant. 2. The name of any individual who is authorized to act as the applicant's agent. 3. The written authorization of the owner of the property upon which the Type I EHU is to be constructed. 4. The legal description and street address of the lot or site for which the proposal is made. 5. A list of the names and mailing addresses of the owners and the street address and legal description of the property which they own which is adjacent to the proposed lot or site of the Type I EHU. 6. A completed Design Review Board application per Section 18.54 -Design Review. No person shall be given a building permit to commence construction of a Type I EHU until the application is approved by the Design Review Board. B) General Conditions A Type I EHU shall comply with the following general provisions: 1. It shall be a permitted use in the Primary/Secondary Residential and Two-Family Residential zone districts. 2. It shall be one (1) of the dwelling units in atwo-family dwelling.. 3. It shall not exceed forty percent (40%) of the total GRFA allowed on the lot. 4. No less than fifty percent (50%) of the parking required for the Type I EHU by the Vail Municipal Code shall be enclosed. 4 5. It shall not be subdivided, sold, transferred, or conveyed separately from the other dwelling, or from atwo-family dwelling it may be a part of. 18.57.050 - Tvpe II - Emglovee Housing Unit A) General Conditions 1. It shall be allowed as a conditional use in the Single-Family Residential, Two- Family Residential, Primary/Secondary Residential, and Hillside Residential zone districts. 2. If constructed in the Hillside Residential District, it shall not exceed 1200 (twelve hundred) square feet of~GRFA. 3. It shall be located within, or attached to, asingle-family dwelling or be one of the dwelling units in atwo-family dwelling pursuant to Section 18.54.050(1) -Design Guidelines Duplex and Primary/Secondary Development. It may also be located in, or attached to, an existing garage provided the garage is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code is reduced or eliminated. 4. It shall be compatible with, subordinate to, and incidental to the use of the lot or site as asingle-family dwelling or atwo-family dwelling. 5. It shall not be subdivided, sold, transferred, or conveyed separately from the other dwelling, or from atwo-family dwelling it may be a part of. 6. It shall not be counted as a dwelling unit for the purposes of calculating density. 7. It shall have a GRFA not less than three hundred (300) square feet, nor more than nine hundred (90,0) square feet. 8. It shall contain kitchen facilities and a bathroom, as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. 9. No more than three (3) persons shall reside in a Type II EHU. 10. Each Type II EHU shall be required to have no less than one (1) parking space for each bedroom located therein. Enclosed parking is strongly encouraged. All surface parking shall be screened by landscaping and/or berms. It shall meet all Town of Vail parking standards on-site. If no dwelling exists upon the property which is proposed for a Type II EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, a minimum of one (1) enclosed on-site parking space for each Type II EHU shall be required. 11. It shall be permitted only on lots which comply with minimum lot size requirements of the zone district in which the lot is located. 5 18.57.060 - Tvae III -Emalovee Housing Unit A) General Conditions 1. It shall be allowed as a conditional use in the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use, and Ski Base/Recreation zone districts. 2. It shall be counted as 0.5 dwelling units for the purposes .of calculating density. 3. It shall have a GRFA of not less than four hundred fifty (450) square feet and not more than nine hundred (900} square feet. 4. It shall have kitchen facilities and a bathroom as defined in Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail. 5. No more than two (2) persons for each bedroom located therein shall reside in a Type III EHU. 6. It shall contain one (1}parking space for each bedroom. The parking requirement shall be two (2) spaces for each one (1) bedroom Type III EHU which is greater than six hundred (600) square feet of GRFA. All surface parking shall be screened by landscaping and/or berms. 7. It shall have all of its trash and garbage facilities enclosed. 8. It may be constructed on legal non-conforming lots and sites as well as on lots and sites which meet the minimum lot size requirement in the zone district in which they are located. 9. In order to encourage the use of the public transportation system within the Town, and discourage the use of private automobiles, all Type IV EHUs shall be located within a reasonable walking distance of a Town of Vail bus stop. 18.57.070 - Tvae IV -Emalovee Housing Unit A) General Conditions 1. It shall be allowed as a conditional use in the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use, and Ski/Base Recreation zone districts. 2. It shall be counted as 0.333 of a dwelling unit for the purposes of calculating density. 6 3. The number of Type IV EHUs shall be determined by the Planning and Environmental Commission pursuant to the Conditional Use Criteria set forth in Chapter 18.60.060 - Criteria -Findings. 4. It shall have a GRFA of not less than two hundred (200) square feet and not more than three hundred (300) square feet of GRFA, and shall include a bathroom and a kitchenette as defined in Chapter 18.04 -Definitions of the Vail Municipal Code. Each building or structure which contains a Type IV EHU shall contain a storage locker not less than 5' width x 6' height x 5' length (one hundred fifty cubic feet) in size for each Type IV EHU contained therein, and not less than one (1) washer and dryer for common use by each eight (8) EHUs located therein. In no event shall less than one (1) washer and dryer be provided in the event there are less than eight (8) EHUs. 5. It shall be required to have one (1) parking space. All surtace parking shall be screened by landscaping and/or berms. 6. No more than one (1) person shall reside in a Type IV EHU. 7. All trash facilities located on a Type IV EHU site or lot shall be enclosed. 8. In order to encourage the use of the public transportation system within the Town, and discourage the use of private automobiles, all Type IV EHUs shall be located within a reasonable walking distance of a Town of Vail bus stop. PLEASE NOTE: THE .FOLLOWING SECTIONS HAVE NOT BEEN MODIFIED FROM THE PREVIOUS DRAFT. THESE SECTIONS MAY BE MODIFIED AT A LATER DATE BASED ON COUNCIL ACTION AT THIS WORK SESSION. Section 5 Section 18.10.030 of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit as set forth in Section 18.57.050 of this Code. Section 6 Section 18.12.030 of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit as set forth in Section 18.57.050. 7 Section 7 Section 18.12.090(A} is hereby repealed and re-enacted to read as follows: A. Not more than a total of two (2) dwelling units shall be permitted on each lot larger than fifteen thousand (15,000) square feet. B. One (1) dwelling unit shall be permitted on lots less than fifteen thousand (15,000) square feet. The following GRFA shall be permitted on each site: 1. Twenty five (25) square feet of GRFA for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus ' 2. Ten (10) square feet of GRFA for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30,000} square feet of site area; plus 3. Five (5) square feet of GRFA for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. In addition to the above, four hundred twenty five (425) square feet of GRFA shall be permitted for each allowable dwelling unit. No Two-Family Residential lot except those located entirely in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand (15,000} square feet shall be so restricted that it can not be occupied by aTwo-Family dwelling. Notwithstanding the foregoing, a Type 1 EHU may be allowed an lots which are less than fifteen thousand (15,000) square feet in accordance with Chapter 18.57.040 of the Municipal Code of the Town of Vail. Section 8 Section 18.12.090(6) -Two-Family Residential District Density Control, of the Municipal Code of the Town of Vail., is hereby repealed and re-enacted to read as follows: Notwithstanding the provision of Paragraph of this Section 18.12.090, a Type I EHU shall be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with the provisions of Section 18.57.040 of the Municipal Code of the Town of Vail. Section 9 Section 18.13.030 -Primary/Secondary Residential District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition Paragraph G to read as 8 follows: G. Type II Employee Housing Unit as defined in Section 18.57.050. Section 10 Section 18.13.080(A) Primary/Secondary Residential District Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: A. Not more than a total of two (2) dwelling units shall be permitted on each lot larger than fifteen thousand (15,000} square feet. B. One (1) dwelling unit shall be permitted on lots less than fifteen thousand (15,000) square feet. The following GRFA shall be permitted on each site: 1. Twenty five (25) square feet of GRFA for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus 2. Ten (10) square feet of GRFA for each one hundred (100j square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30.,000) square feet of site area; plus 3. Five (5) square feet of GRFA for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. In addition to the above, four hundred twenty five (425) square feet of GRFA shall be permitted for each allowable dwelling unit. On any site containing two (2) dwelling units, one (1) of the units shall not exceed 40% of the total allowable GRFA. No Primary/Secondary Residential lot except those located entirely in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand (15,000) square feet shall be so restricted that it can not be occupied by a Primary/Secondary dwelling. Notwithstanding the foregoing, a Type I EHU may be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with Chapter 18.57.040 of the Municipal Code of the Town of Vail. Section 11 Section 18.13.080(6) -Primary/Secondary Residential District Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: A Type I EHU may be permitted on lots of less than fifteen thousand (15,000) square feet in accordance with Section 18.57.040 of the Municipal Code of the Town of Vail. 9 Section 12 Section 18.14.030 Residential Cluster (RC) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows: I. Type III EHU as defined in 18.57.060 of this Code. J. Type IV EHU as defined in 18.57.070 of this Code. Section 13 Section 18.16.030 Low-Density Multi-Family (LDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the additional of Paragraphs I and J to read as follows: I. Type III EHU as defined in Section 18.57.060 of this Code. J. Type IV EHU as defined in Section 18.57.070 of this Code. Section 14 Section 18.18.030 Medium-Density Multiple-Family (MDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows:. I. Type III EHU as defined in Section 18.57.060. J. Type IV EHU as defined in Section 18.57.070. Section 15 Section 18.20.030 -High Density Multiple Family (HDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs M and N to read as follows: M. Type III EHU as defined in Section 18.57.060. N. Type IV EHU as defined in Section 18.57.070. Section 16 Section 18.22.030 Public Accommodation (PA) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs P and Q to read as follows: 10 P. Type III EHU as defined in Section 18.57.060. Q. Type IV EHU as defined in Section 18.57.070. Section 17 Section 18.24.040(6), Commercial Core I (CCI) District Permitted and Conditional Uses - Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III EHU as defined in Section 18.57.060. 11. Type IV EHU as defined in Section 18.57.070. Section 18 Section 18.24.050(6), Commercial Core I (CCI) District Permitted and Conditional Uses - Above Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III EHU as defined in Section 18.57.060. 11. Type IV EHU as defined in Section 18.57.070. Section 19 Section 18.27.030, Commercial Core III (CCIII) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs Q and R to read as follows: Q. Type III EHU as defined in Section 1.8.57.060. R. Type IV EHU as defined in Section 18.57.070. Section 20 Chapter 18.27.030(6), Commercial Core III Conditional Uses of the Town of Vail Municipal Code is hereby repealed. Section 21 Section 18.28.040, Commercial Service Center (CSC) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs M and N to read as follows: 11 M. Type III EHU as defined in Section 18.57.060. N. Type IV EHU as defined in Section 18.57.070. Section 22 Section 18.29.030(A), Arterial Business District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Type III EHU, as defined in Section 18.57.060 and Type 1V EHU, as defined in Section 18.57.070 to the list of allowable conditional uses. - Section 23 The following Paragraph is hereby repealed from Section 18.29.030(A), of the Municipal Code of the Town of Vail: Multi-Family dwellings for the employees of the Upper Eagle Valley as further restricted by Section 18.27.130 of this zone district. Section 24 Section 18.34.030, Parking District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs E and F to read as follows: E. Type III EHU as defined in Section 18.57.060. F. Type IV EHU as defined in Section 18.57.070. Section 25 Section 18.36.030, Public Use (PUD) District Conditional Uses -Generally, of the Town of Vail Municipal Code, is hereby amended by the addition of Paragraphs T and U to read as follows: T. Type III EHU as defined in Section 18.57.060. U. Type IV EHU as defined in Section 18.57.070. Section 26 Paragraph 18.36.030(P), Public Use (PUD) District Conditional Uses, of the Town of Vail Municipal Code, is hereby repealed. 12 Section 27 Section 18.39.050(A), Ski Base/Recreation District Conditional Uses, of the Town of Vail Municipal Code, is hereby amended by the addition of Subparagraphs 13 and 14 to read as follows: 13. Type III EHU as defined in Section 18.57.060. 14. Type IV EHU as defined in Section 18.57.070. Section 28 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 29 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 30 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 31 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 13 r INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:\ORD92.9 14 r ~ RECEIVED APB 2 3 1992 Xc: LR~ ~v T~ KENT R. ROSE P 0 BOX 2101 i VAIL CO 81658 I~ April 23, 1992 Mr. Rondall V. Phillips Town Manager Town of Vail 75 S. Frontage Road West j Vail, CO 81657 Dear Ron: ' I am in receipt of your letter dated March 31, 1992. The terms for settlement you have suggested are unacceptable. I There is no direct benefit to my property from the existence of the storm sewer as there was no natural drainway there ~ previously. It was solel for the convenien Y ce and economic benefit of the s treet improvement district. As I have mentioned earlier, I remain concerned that there may be further incumbrance i to my property i.f my planned sewer service line cannot be connected to the side sanitary sewer line because of the resence p of the storm sewer. No sanitary sewer stub was provided fort this lot when the streets were improved, as was the practice for~every~ other vacant lot, because the Town assumed service would;~go to the side sewer line. I remain agreeable at this time to resolve the issue quietly and grant you an easement for the Town fees associated- with my building project. If that is not acceptable to you and the' Towr. Council, I suggest you either begin negotiation or condemnation procedures or make arrangements to remove the storm sewer. Very truly yours, J d~ Kent R. Rose w 476-6340 h 476-3375 ' I ~ - i _ . _ - . ~ _ 1 i _ r f March 31, 1992 Mr. Kent R. Rose POB 2101 Vail, CO 81658 Dear Kent, Again, I regret the differences we are experiencing with regard to the storm drainage line that was installed over a portion of your Lot prior to you owning it. As I understand the situation, a small portion of the storm drainage line is within a utility easement, but the major portion of the line is within a water line easement which you feel is not appropriate. We have been seriously considering your view that the storm drain line represents trespassing on your property and that the Town should therefore waive the building permit fees for the home you are planning to build. As I have mentioned to you, the Council feels that the approximate $4,000 in fees is excessive for this type of easement.. We have talked about this issue with a couple ~of appraisers and to an attorney in Denver who has dealt with the acquisition of many of these types of easements. The opinion is that an easement of this type, particularly one which is running congruently with other utility easements, is worth approximately $500.00. We understand your opinion that the Town acted inappropriately by installing the storm drain line without a specific easement and outside of the utility easement, and, consequently, we are willing to increase that amount to $800.00. It is not apparent that any damage has been done to your property and it could be maintained that your property has been enhanced by the fact that the storm drainage now runs within a buried. line rather than over the surface of the property itself. We are hopeful that our offer of an $800.00 deduction from your building permit fees will be agreeable to you, in exchange for this easement. The Town of Vail will bear the cost of surveying and recording the easement. Of course, the Town Council will need to give final approval to these terms. If you approve of the terms in this letter, please sign in the space provided below and we will consider this a binding agreement in order that you can proceed with your construction project even before the easement documents are finalized. Mr. Kent R. Rose . March 31, 1992 Page 2 Kent, we look forward to reaching a mutually agreeable solution to this situation. Sincerely, Rondall V. Phillips Town Manager . RVP/dd xc: Vail Town Council, Lawrence A. Eskwith, Ken Hughey Terms accepted by Kent R. Rose Date X~~ i~ ~ Ron/ .RECEI~/E® APB 2 7 ~9~ ROCKY MOUNTAIN HOUSING, CORP. P.O. Box 4147, Vail, Colorado 81658 303-476-6671 April 23, 1992 Mayor Peggy Osterfoss ` Town of Vail South Frontage Road Vail, CO 81657 Dear Mayor Osterfoss: I understand that the town. council will consider approving use of the town owned "Mountain Bell" site for affordable housing at its April 28, 1992 meeting. RMH is interested in developing and operating such a project within town guidelines as may be determined by the council and the housing authority. Our preliminary review of the site indicates that rental units containing up to 150 new beds and necessary parking can be feasibly built on this site. This would accomplish approximately 30% of the housing authority's 5 year goal on perhaps the only acceptable parcel in town. As you know, in 1990 the town was actively cooperating with Professional Development Corporation to provide this parcel for a similar purpose until pending applications were withdrawn by the developer. Since approval by the council now would most likely provide housing by the fall of 1993 given time for regulatory approvals and construction, and since there is no other .similar project on the town's horizon, we hope you will act to start the process as soon as possible. Sincerely,. Preston um P President cc: Vail Housing Authority k ~ RECEIV~® APR 1 l 199 2 FZOCKY MOUNTAIN HOUSLNG, CORP. P.O. Box 4147, Vail, Colorado 81658 303-476-6671 April 23, 1992 Mayor Peggy Osterfoss Town of Vail South Frontage Road Vail, CO 81657 Dear Mayor Osterfoss: It recently has been reported that the Vail Town Council is considering a tax on construction materials. It was not clear whether there was any discussion of exempting building activity which meets the town's affordable housing criteria. Obviously, imposing such a tax in these cases would b,e a step backward in an area where reducing costs has been of such great concern. Given Vail's interest in promoting local housing affordability for employees of town business, I would urge you to incorporate an affordable housing tax waiver provision in any such new Legislation. r Thank you for your attention to this matter. Sincerely, H.,~.-~ ~ G~,tv Preston J cc: Town Manager Town Finance Officer Vail Housing Authority RECEIVED APR 2 7 1992 X c Tc ~Q~; 22 April 1992 Vail Town Government 75 S. Frontage Rd. W. Vail, Co. 81658 Dear Council Members: You've done a terrific job with the beautification of the Vail parking and transportation center. Particularly pleasing is~the treatment of the embankment facing the Mountain Haus and Athletic Club. Our home in Vail is at the Lodge at Lionshead next to the Library and the south facing view is directly toward the Lionshead parking structure. In general this structure is nicely designed but the embankment going down to E. Lionshead Circle has not benefited from the kind of improvements made in Vail. The problem is two fold. First, the East end of the parking is an un-landscaped area providing us primarily with a view of tractor trailors and RV's. Secondly, the embankment is used as a short cut and becomes very unsightly whenever its not covered with snow. We are aware of discussions regarding possibilities of a Convention Center or other facilities that might impact this end of the parking long term. We would like to ask, however, if consideration could be given to some screening of the exposed parking and perhaps additional stairs which would serve the apparent needs.of people to take a short cut from the parking over the bank. It would look much better and be more in line with the general good design practice in other parts of Vail. We would appreciate hearing your response to our request. Thanks for your consideration. Sincerel G~~~dL~ - Dean O. .Morton 25857 Westwind Way Los Altos Hills California 94022 71 RECE6VE® APR 2 7 ~gg~ k ~ . V/~ T~ V , t r-~.,.~ ~T ~ R-/ vW 1~ • / I/~ io it ~ vest ® ` ~ ~ {~A/ ' 1 n . 0 - ~ ~ r al - _ - _ _ ~ ~ ~-r. - ~ - - e ; r t/ r J/ =r' J . . .mot-~-. Q~ ~(~s~.~r ~ ®1~~.~ ~ ~ ~ , S - ~ r ~r (~;T°G~.d /~A.d`~ ~ Kea/~ ~i G~~ C'/, 04-28-92 08:3 AM FROM TOWN OF AVON Bea~e~ Cre~~ R~sc~~r~ ~o~p~n~y © F c o o A D a . ~ • April 23, 1992 ; . . ~ ~ ~ Mr. Hi11 ~ James ~owri of Avon Post AEfice sox 976 AVQn, G4 81$0 ~eaz~ Bi 1 l ; Ot; beha.lf of the Heaver Creek Rssart Company of Colorado, I would like to express Our agreement with the TranspartatS~on Counc~,l~s cansensVS to pursue a Iobbyiet for transit funding. Ae also agree to meet the 54.'1 percent cost share dQSignated to Heaver Creek to pay gor the lobbyist, provided, that the cast for all entitzes will not exceed $45,000. . Sn antic~.pation of a ariccessful outcome of the lobbyi»g . effort, we understand that new busses will be purchased with the grant massy. Since Eedera], frxnding will not fully cover tha.s acqui$itivn, your memorandum outlines that cost sharfng ratios De the same for two consecutive ycsars. 6~hile we recogriiae that commitments must be realised in order to rec®ive federal funding, we bell®ve that ae the syste~? changes, an annual review of transit operations n~sedp to occur to assure that cost shar~.nq ratios are proportionate and fair to all entit#,es. Againr we support the efforts of the Transportation Council and believe that we can reach a mutually satisfactory afire®ment Ear all partses concerned. Pies.se contact me if you have any_gue~t~on~ or concerns prior to the execution of the contract. • Hincerely, Robert Maliveen, Director' Heaver Creek Resort Company of colarado ' dt c Andy Daly . Ta?fiara Underwood . ~ • • post-It'° brand fax hansmittal memo 7~7'i' pae~ r . ~~1n . ~ . ` ~.o 1, E r. w+ c~ ' Co. ca • D~pr. PROlfa~/ • P. a.Aax9~51P,eaverCreek,C~ ~,r ~r1~~1~'J ~:a RECEIVED A('~R 2 7 ~g~ ~l-9E WES~~~1 RES®(Z3~ X~ ~ ~ Vail Douglass C. Cogswell General Manager April 23, 1992 Mr. Ron Phillips Vail Town Manager Town of Vail 75 S. Frontage Rd. W. Vail, CO 81657 Dear Ron: This letter is to submit my name as a potential committee member of the Finance Committee for the Convention Center which is being formed by the Town of Vail. I also have some significant experience in the design side of this important issue, and would be prepared to help in this area as well. I believe it is critical that the Vail community open its eyes and recognize that a convention center would stabilize our existing local economy. The convention center would also offset the off- season blues, .which all of us are affected by, and will give us another source of tax base beyond the ski industry. Thank you for your consideration. o Sincerely, ~a~q Douglass C. Cogswell . General Manager DCC:jal cc: Frank Johnson, Vail Resort Association Jerry Nichols 1300 Westhaven Drive, Vail, Colorado 81657, (303) 476-7t11, Fax (303) 479-7025 • - ~r Date' ~ ,r~",4, i .a RECEIVED APR 2 ~ ~ 19Q2 ~ , From: J.I. Miller ~ ~ e ~ ~ c`~ ; . ' \t. O ~ V ' ~ ` ~ ~ r ~ s _ _ ~ l r ~ q r PCA 1449 • . ~ S - - . - „vv - J : Q~ ~ . ~ ~ ~ . . ByDanielRubin ~ La>~e andMcCallnm Street hh' West • INgl9aRRsTAPPwatTC;a ~ luolint,Alry TheStreets lpartment has started They're;expensiae - and they.cause ~ "i ,fast game home one'day and my . to take down traffic lights at neatly • light ryas gohe,"said VerlyPlert,who - ~ ' • 800 Philadelphia intersections and .aCClden~4. S®3tU S ` are Ol,n ll rives •at the corner replace tfiein `with stop signs.' , ; p ~ $ . rl p~ My•iigiit~ •3ardatn~' so, it is erasiag victories . ~ "1 have 'two ~ kids' and 1'm, coq • . won.. by stt'eet blockaders in the.. ` ' „ ~ , g g flc slows; The temptation to run el "Pete" Hoskins: ~ ~ cerned, shesaid. ~ . The next block, Sixties, debunkin a.lon held'tnyth Y..' up is.the. Aliens Lane Arts. Center . , . l sand um ~ ~ • about public safety and saving the l p greens disapQeats• . 'For each of the intersections - ~ ~ ; s•~:;~:,~:~•>:: <::r ~ ; ~ . Pedestrians become. more alert: ;''more than,a, uarter• of the .cis ~r'0 blocks in fife opposite direction cas~i• r ci a blinkin $Sp0,Q00' a ; q is Houston School, sb you.get a lot of : ' - . year:~ ty • if _ But never before has the climate ~ •crossi will be converted =the ; ; - ' City traffic e• ` ~ , students oin to after school pro- _ : pgiileeiS;;~aave for seemed right to swallow a change., Streets Department is ready for an ' ~ ` g g grain§:' . . years gathered Statistics tndicatmg•: •that surely will taste like•medicine.. ;-argument., ~ ; "lhayea lS~year-ald,whoaskedmy that srgus are serer than signals.on. ' "This. is~castor oil," acknowledges Last month the tepartment took ,.,husband if he cd>yld°build a car from' , ' art but aeavilytraveled roads, Teat= .Streets Cotnmi~ioner•Alexander L. ~ down the. traffic'sIgnais at •Ailens ' °"'S.ee'3IGtdAIS on A9 ~ • . d • •e . , ore, • . a , _ . ~N . , 51GNALS trom•i4t• customa for hiitidreds of childtot• ~A decade later; the accident staffs-' , Street;,i'or instance, used to be, the, the .number. of yearend collisions . ` Gafz hopes 4he depert>aeat coasi~:.;' Ithescrapslefi•after.theaccidents.:in~nefghbo'is;tocmdpout,ats'uch•,, tics, promp~ed,traffii: engineers to ..•best'eastiaestroad.inSoiathPhiladel;~ decreases.;~..~ erstbefiowbfpedestriatisaswellas"~ ; was`seriou's:""` - ` corners as Seventli and Sliunk, Loy- .start quietly replacing signals with , phta until. t1ie: Sheets Department :It.`seems to work welt;". he. said, the, aumber~of vehicles on a given„ Hec neighbor; Justin=;l{leis, has al• ~ Rttou and <Fratt,^~and Westmoreland stop.signs: Since`1975, they have coa• ,improved ;Washington Avenue. So . • "Everyone has to slow down.'' > ' street =and, whether there are r ; . alp noticed how.traffic appears to ~ and- Richmond; .and;•stop traffic tar. veoed 926 intersections. Traffic en•' . tt~affic lights will yield to stop signs. :But remnvin si isno panacea.;'; schools, religions institutions or;~el ick.up dur~ng~rush:,ll9ur. ,A,t1d hey., days,.ta,.make.tlier,'.point~about un,•=.::gineers bade gathered nnmhers'ibr;. at 21 intersectious'on•Ghristian. ~ "Fourwav. signs wiil also increase' derly; residents•nearby ' ~ „ p • onders when., the ,polite stap~sig'a safe streeets..; , , L - , "~mor~ than:Jtalf nf. the tnt~rsectio.~s; ~ ~ Datiphip Street in IVortli Philasiel delep end.fugl consurrtytloo." he,sain.;' ..One thing ~ sh'e' is. contident•~. of: ~ F ,nce wijl-break.out:anto crumble.;. , I)eiponstretions,not sbrveys,,atere , allowiotg them to compare llowalany pl?1a~ which: wined several signals' ~1•laQ most efficientwav ofmovin;,,traf. Street signs •w111, give Philadelphia "Everyone surf 'ot' nods at each . responsiblefor adding lights at 500 acrid"ants, look place three years bs~ after> street protests, will 1cea _19 `•-tic ts~ havi~•tlmed traffic: fights, he .-delvers even more opportunity to ia• • het',' noted the securitiesattorney:;.::interrsections between 19,64 and 1969: _f®re and ,after,. the ,change, ~ ~ ,lights `west •of Boad .Street. Fair=` mod, g~ ~ egniensiye;.. 'snit pedestrians.. a , )n~ day, someone' is. going to:,nod, : • '.`.a:.blatant .misuse of, trafficwsig.. Eor theme 235 crossingsrthey; found =rmount Avenue ,wilt -;move • to stop`, , .~ndra L..Gari,'spokeswoman .for "[.thinlS drivers in this town are not' ~dsomeone.willnod.back;andthen•; ~•nals,"~ according.to•a new Streets a 49 percent decline in aaidents in:, signsfroin~road'Streei,westtoPenn• `the`PliladelphiaPedestrianCouncil very courteous," she said. "Drivels u eyal crash into.each other' • ~ : -Department analysis- At :$4;000 to which Qedestrians were hurt and a 96' sylvanite Avenue.'Ebbecke said the '=an affiliate of the Foundation for will continue to turn eYen, though a • 4 The Streets Department plan is to $Z,g00 , per~'intersection, .the, :lights percent decline in accidents in which:: , streefnow~gof'le~ than 70 percent of Architecture says she would want pedestrrad is crossing. Until there Ls , o{v. traffic on residential streets, by , were:a relatively_cheap.wtiy to keeP~ ;drivers or,passengers,.were injured the trafftc needed to wareant s[goals. to see the Streets Ikparhnents nttm• : ,more respect Tor .Pedestrians overall ~itching'Ito stop signs;- blast tom.:.; people Happy Fender,' benders; declined 60 percent- [n Germantown, Greene Sheet will . P ~ gh - hers before going along with its tort-'-: b~'~notorists,-the 'sea si mi t ~ • users would-be flushedao,the ma •~It got to the>potntntn 1967~that1tbe .,~;Hoskins~.~'igures ,that tt~cfl`sts:• the .:lose llsignels: Ebbetike said there . clusibns. • " " canes some additional coMicts." 4 r arteries, whichstili,.will-be con <streets~•;commissioner crowed that ;,city,;~i OO:a year tole the electricity was no reason for lights; when the: ~ „ ~lled by..„traffic signals- _ , • Philadelphia_had more lights per In .in an , tetsecUon, with traffic ~sig ~ street is. sandwiched between the ~ 'load crews have started coordmat tersectian„iltan„any.other U.S;city ~ nals :ntenance ,casts an> addi-;~ faster Germantown and Wayne Ave• ~~j"• • • i more;;lights,on•those,.heavily,,i Traffic..engipeetssoonsfartedcol- .tional•$1,500 annually: ]3y eliininat noes 1`r'l~der'~Qtoe~, abortion alot~~e iveledroads, so traffic flows faster - • aectitig data to gauge theeffects of ing fights at al>~put 80Q crossings, thg Badge Streets iii N,oetheast Phila , , ? • ) ~w,•5signals $tia :quarter.of.;the• the:new..trafficsignals.Bytheendof repairteams,canecoq¢etttrate;on,pre•:•delphia will.see nine interscetions.•• n,~roclArenraeu 'Wilder,. an abortion~rights sup- g arty 3,000 intersections°~ ,aren't ..the;decade,Citywide pedestrian ~cc~.•'-, venuvR,maintenance; ~e.sald,.,and be'. switched. Ltirge_ Street ,wilt tom it , ~CHMONII, Va. =-Virginia Gov. L. Porter,' said during hi$ 1989 cam- ned,:said Gerard ~Ebbecke,tiassist-- _ der<ts-were ,at a; 22•yeat;high. Accty,;^. eb~e, to respond mgre;,quiekly,,wheTt; ; Summerdale Avenue- wail ,lose six. Douglas -Wilder yesterday vetoed a Palgn. for governor. that he could . t chiei~rafficengitieer:. ~:,:dentsinwhichdrivers.orpassengers asignalsfail,• t Researchers at fife Federal ~igh• biilthat.wouldhaver, uirrdminors. sign•a.parentalnotificationbill.But• ~ • ~lhy does- the:city have ~so many died .were at•a 35•year liigh.•: ~ t'he' neighborhoods that will. see • way Administration nave known ~ he said the bill he vetoed yesterday s iffic signals? 3 ' So in 1968, the.depertment started the most -change at;e older: ones.- • since at least r9riu that i`ew.er acct-' to norify their parents i~fore getting had peen poorly drafted: Wilder said ~ 31ame it on the Sixties, , , experimenting with allway. stop like Soutp ;Philadelphia:find North .:;.dears occur ar In ~rrsecnons with as abortion.. . - , . , he was worried about confidentiality t n -the' mid,;and: late•1960s,. it was' , signs.at some.. intersections. .Philadelphia, ,Many. streets were four-way stop signs than wnn traffic' The bill would require patents or a • questions and whethee girls might l .a_ ' • , ~ ~ , ~once.busy but~have longsince beeq~ si nals.. In narti~~~sAt^ xoward juvenile judge to be notified when an • be unduly influenced to alter their a 'bypassed by faster:routes. Christians :Bissell; •an FHA research' eneineer,, unmarried minor seeks an abortfoa ~ `choice: s - ,,.,w,,„LVMxb Vie;- ~r~ z ~ 'f u~ _ ~ : _ ~ i \ _ Date e y~,-, ~ / RECEIV~~ APB 2 X992 From: J.I. Muller ~ .y Y ~ ~ PCA 1449 milt' ° lily' ~~f_ ~~n. taw. ~~f\: r. ~~AtY... ~ 1~~32 ~ i 4 0//f ~ ~ z i t ~(~~1='cam' _ 'yam - f~ ~ . ~ ~ J~7 . ~ u - TOWN OF VAIL 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 . 303-479-2105 /FAX 303-479-2157 April 28, 1992 ' Mr. Bill James, Town Manager Town of Avon POB 975 Avon, Colorado 81620 Dear Bill, Confirming our previous conversations, the Vail Town Council agreed to share the cost of a lobbyist with the Town of Avon and Vail Associates for the purpose of attempting to obtain federal funds as a line item in the 1993. fiscal year budget. At the time of this agreement, it was further hoped that Eagle County could be persuaded to share these costs; as well. The approval of sharing the lobbyist fees, which will be a maximum total of $45,000, is based on the Town of Vail's portion remaining the same percentage as we have been contributing for the operating costs of this immediate past sly season. If Eagle County parlacipates, all of the three participants' shares would be reduced a proportionate amount. If the lobbyist is successful in obtaining funds for the regional transportation system, the Vail Town Council expressed an interest in sharing the 20% local match at a similar percentage to be determined after a review of the 1991-'92 transportation operations financial analysis and ridership figures. Sincer Rondall V. Phillips Town Manager RVP/dd xc: Vail Town Council - Vail Associates - ' 1 V l d . 1 I3eav,~r C~e~k sax~~ ~a~p~ny O F C O L 0 R A D 4 • April 23, 199 ~ • _ bir. Bil1~ Jamey Town of Avon Post Office sox 975 Avon, CO 8lf20 Dear Bill: - Cn behalf of the Beaver Crete Resort Companx of Calcrado, I o~ould ZiYa tt~ express our agreement with the Tra~naportatioa Councils eonsensus to puasue a Iobbyist for transit funding. pe alav agr8a to ~aaet the 5~.7 portent cost share designated to Heaver Creek to pay toe the IobbyS•st, provided, thmt the cost nor all eatit~,es will Clot exceed $~S,QOQ. Tn anticipation of a? successful outcome aE the Iabbying effort, we understand that new busses will be purchased w3,th the.:-~ grant money . Since Eeaeral funding will not fu~,ly cover this ~ - . . • acquisition, year memorandum outlines that cost sharing re.t3os be ~ , the same for t~to coneecutfve - years . While we recogu~.$m ~ that ' . cc~metitr~enta must be realised in order to receive federal funding, -=='a.E~:;;., Mits believe that as the sy$tem changes, an annual ravae~a of traas3t . opesatioria need~c to occur to assure that chat ahar~.nq rat$om -are • . ~~s~'.~.. - proportionate and fair to all entities. a.4'~. Again, wa support the egtorta of the Transportation Caunail . - - and believe that we can leach a mutually sataafactory agr~ment Eor all parties concerned. Pleeeae contffict me if you have aay_gu~~a~i~nq or cancerna Dri.ar to the exeCutfon of the contract. ~ ~ ~ • • sincerely, ~ Robert >!~aIiveen, Director >3eava~ Creels Resort Gom~any ~ - = ~f Colorado ' dt ~ - c Andy Daly . Tamara >znderaood ~ ~ ~ ~ Fost~tt" brand fax transmittal memo78Ti ~#ota+~+ ~ 1 . ~ c;a co. Pnona ~ • ~ . P. 0. P.ax 915 ~ Beaver Creek, Cc7 ~rnu ~ ~J ~ ~ ~Fa~. ~ . ~ X r : m~ yoR coRR. Fi~~ TR/1PPirvG r-i~~. TOWN OF VAIL 75 South Frontage Road Yairy Colorado 81657 303-479 2100 FAX 303-479-2157 April 28, 1992 Mr. Perry Olson, Director Colorado Division of Wiidiife 6060 Broadway Denver, Colorado 80216 Dear Mr. Olson: On behalf of the Vail Town Council and our community, I am writing once again regarding trapping restrictions with proximity to recreation trails and the Colorado Wildlife Commission's ongoing discussion of this issue. As you are aware, we consider the current fifty foot restriction a very positive step for our residents and guests. During your upcoming discussions on May 14 and 15,' and during final consideration in Fort Collins in July, we encourage you to respect the importance of the fifty foot restriction for recreation communities such as ours, as well as others throughout the state. This restriction reflects the importance of public safety and reasonably allows for the coexistence of trappers with the general public. We remain. committed to the fifty foot provision and, for the best interest of all parties, will be in no position to accept any less stringent regulation. Should the commissioners decide on a less stringent statewide provision, we request that ours remain at its current level of fifty feet. We thank you again for your support on this issue throughout the past months and we encourage the commissioners to adopt a fifty foot statewide restriction for all marked trails in Colorado. We believe such a restriction represents a sensible compromise which provides equally for those who engage in trapping and those who utilize recreation trails for other activities, as well. If we can be of any further assistance regarding this matter, please don't hesitate to let us know. . .~ncerely, Margaret Osterfoss Mayor cc: Eldon Cooper, Chairman -Colorado Wildlife Commission Larry Wright Louis Swift Felix Chavez Thomas Eve Rebecca Frank William Hegberg George Van Den Berg . DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST, BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND MIKE BRAKE GREG HALL. MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX ~DD DETO ~ LEO VASQUEZ JOHN GALLEGOS JOE ROCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND LARRY ESKWITH PETE BURNETT TODD OPPENHEIMER FILE JODY DOSTER MANUEL MEDINA MEMORANDUM T0: RON PHILLIPS, TOWN MANAGER FROM: KEN HUGHEY, INTERIM DIRECTOR, PUBLIC WORKS/TRANSPORTATION DATE: APRIL 27, 1992 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF APRTL 27 MAY 4, 1992 STREETS AND ROADS A. 1. Continue spring clean up of cinders throughout Town and haul them off. . 2. Dig footers for new door way at the Old Post Office Bldg. 3. Clean West Vail culverts on north side. 4. Obtain approvals for installation of banner poles on Bridge Street. 5. Paint new gate arms. 6. Restripe crosswalks~~at little 4-Way and 1st Bank. 7. Break down winter equipment for summer op'erati'on. 8. Sweep East Vail Bike Path. 9. Recompact.and reinstall pavers at Lionshead and Gore Creek Promenade. 10. Retrieve fallen trees from Gore Creek for high water season. 11. Check culverts for high water throughout Town. 12. Repair tool shed. 13. Repair bricks at Gore Creek Promenade. 19. Haul manure from Spraddle Creek Stables. 15. Excavate for bus hoist installation. 16. Excavate concrete for bus barn heating system repair. 17. Redo pavers at Checkpoint Charlie. PARKING STRUCTURE/TRANSPORTATION . A. 1. Confirm with PCL, west exhaust fan status. 2. Repair Library smoke sensors. 3. Hire and train new building janitor. 4. Test new floor sealer for Terminal Building. 5. Investigate the retrofit of the Golfcourse turnaround. 6. Number all bus stops. 7. Hose parking structures. 8. Resolve paver problems. 9. Paint structure as needed. i PUBLIC WORKS PRIORITY LIST. Page 2 CARPENTERS A. 1. Construct cabinets and shelves for new Com Dev. 2. Install chair rail in Public Work's Admin. Building. 3. Form concrete walls for Bus lift. 4. Replace street name sign. ELECTRICIANS A. 1. Continue remodel at Old Post Office. 2. Repair computer room lighting system. 3. Repair ground fault - LHTRC fire alarm system. 4. Repair lights at the following locations: a. Old Town Shop b. walk path c. Flagpole lights 5. Order exhaust fans for Police Department locker rooms. 6. Repair Old Town Shop heating system. 7. Repair and replace damaged conduit at SW corner of Red Lion. 8: Repair damaged outlet at East end of mechanical bay.. PARKS DEPARTMENT A. 1. Finalize Stephen's Park easements with Larry Eskwith. 2. Obtain schedule for spring .start-up from Landscape contractors. 3. Work with planners on Ski Museum site. 4. Begin spring season start up: a. Hire seasonal workers b. Clean out landscape bay and greenhouse. c. Purchase supplies 5. Obtain bids for "Trees for Vail" irrigation system and tree purchase. 6. Complete Phase II Stephen's Park plans and prepare for bid. 7. Finalize plans for Lionshead Plaza project with Alpine International. 8. Pickup peat moss a.t Western Gard-n-Wise. KH/dr AGENDA Present Absent LOCAL LICENSING AUTHORITY Simonett Fried SPECIAL MEETING ~ Bishop APRIL 22, 1992 Thomas Wilson 1. PUBLIC HEARING - Consideration of the Authority of ~ a Suspension or Revocation of the Hotel and Restaurant liquor license held by Lionshead Bar & Grill, Inc., dba, Lionshead Bar & Grill. Grounds for suspension or revocation are as follows: a. On or about September 15, 1991 through December 21, 1991, the licensee, Lionshead Bar & Grill, authorized or permitted gambling on the licensed premises in violation of C.R.S. 12-47-128(5)(n)(I), as amended. Gary Haubert was present, and represented himself. Witnesses for the prosecution were Tracy Shutter of the Vail Police Department and George Brown. Motion by Bill Bishop, seconded by Mitzi Thomas: Due to a preponderance of the evidence, the Board determined that gambling had taken place that was not within a bona fide social relationship, and that a violation of the Colorado Liquor Code had occurred. A vote was taken and the motion passed unanimously. Motion by Bill Bishop, seconded by Davey Wilson: The Board imposed a 5-day suspension, effective from midnight, April 23, 1992, to midnight, April 28, 1992. Posting of the premises regarding this suspension to be done by the Town Clerk. A vote was taken and the motion passed unanimously. 2. Any other matters the authority wishes to discuss. No other matters. The Board adjourned to executive session, to discuss legal issues, at 3:30 P.M. • TOWN OF VAIL LOCAL LICENSING AUTHORITY ~~l,c c~. ~A$c'.~c~tJ Martha S. Raecker Secretary to the Authority• ~ t WORK SESSION FOLLOW-UP April 24, 1992 Page 1 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1991 05107 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. Forest Service response unclear. Ron has discussed with Jerry Oliver who will now discuss the issue with George Gillett. 11119 NEWSPAPER VENDING LARRY/ANDY/MIKE M.: What can be done to make ! Discussions have begun with vendors. Voluntary MACHINES these uniform and locations less prolific? ~ agreement still being pursued. I 1992 01121 EVENING PARKING MIKE. ROSE/STEVE B.: Evaluate financial ; Mike will prepare new analysis of data prior to the STRUCTURE FEES ramifications of eliminating parking structure fees j beginning of the budget-setting process in September. (request: Lapin) after 6:00 p.m. each night. Staff to explore other options. 01121 BEAVER POND KRISTAN: Check with FEMA experts and Interfleuve, Three reports received from Interfleuve, Hydrosphere, REVITALIZATION Hydrosphere, and Wetland Aquatics to see what solution and Wetland Aquatics will be analyzed by Community what might be appropriate to revitalize this pond Development and Todd 0., and then presented to (i.e., dredging or other means). Council at 5119192 work session. 02104 HERITAGE CABLEVISION CAROLINE: Prepare new letter of protest for Mayor's Will do upon return of Merv. FRANCHISE NEGOTIATIONS signature. XC: Newspapers, Dillon, Minturn, etc. (request: Lapin) 02/11 HORSEDRAWN CARRIAGE KEN/LARRY: Prepare extension to agreement, Advisory Committee to help draft standards of AGREEMENT including possible provisions for hobbling, dragging operations and other criteria. Draft contract weights, and other options. to be presented to Council at 5119192 work session prior to signing. Dave Sloan, Carriage Rides, Inc., is currently not doing business. WORK SESSION FOLLOW-UP April 24, 1992 Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 02/17 EXTERIOR LIGHTING KRISTAN/ANDY: Draft ordinance. Input received and joint discussions will continue including all interested parties. Initial meetings held with night tour to be scheduled. 03110 AFFORDABLE HOUSING KRISTAN/LARRY: Draft ordinance. Draft Ord. No. 9, Series of 1992, to Council at 4/28/92 PROVISIONS ORDINANCE work session. 03/10 LIONSHEAD SALES TAX FIGURES STEVE B./STEVE T.: Packy Walker, on behalf of the Will investigate. Staff time now being spent on special (request: Osterfoss, Levine, LH Merchants Assn., is requesting an accounting of events/daily sales tax reporting program. Staff will Gibson, Steinberg) sales tax taken from a square footage basis, standard attempt to meet these other concerns after completion number (such as Dow Jones) of businesses reporting, to of the special events program. offer a comparative analysis. 03!17 GOAL SHARING SESSION COUNCIL: Carl Neu will be facilitating agoal-sharing Those attending are as follows: Peggy, Merv, Tom, session to include the Avon Town Council, Eagle.County Rob, Jim S., Jim G., Bob, Ron, and Pam. Commissioners, and Vail Town Council. New dates proposed are 5126/92 and 6/22192, with proposed hours either 9:00 a.m. to 4:00 p.m. or 2:00 p.m. to 9:00 p.m. Council consensus is to meet Tuesday, June 22, 1992, from 2:00 p.m. to 9:00 p.m. 04107 REVIEW RETT LARRY: Schedule for Council review. Staff will work with parties-in-interest to further work out revisions and suggestions from 4/21/92 work session. Public airing to be called. 04/07 USE TAX ON CONSTRUCTION LARRY: Prepare ordinance for implementation January Scheduled for 5/5/92 work session. MATERIALS 1, 1993. 04107 FORD & DONOVAN PARK TREES TODD 0.: Tom has counted 27 dead spruce in Ford Todd 0. is dealing with the problem. Especially (request: Steinberg) Park, and although they shouldn't necessarily be prevalent is an Aspen disease which Todd has removed, they should be checked for disease. incorporated atreatment/maintenance/preservation plan for the park trees. WORK SESSION FOLLOW-UP April 24, 1992 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS i 04/14 AMPHITHEATER BUILDING LARRY/GARY/RON: Review and make recommendation This item will be re-considered during the budget PERMIT FEES process. 04/14 SPRING VACATION COUNCIL: At your earliest convenience, please let SCHEDULES either dd or Pam know of any vacation plans that will take you away from regularly scheduled meetings. We ask for this at this time of year to ensure a quorum for scheduled items. 04/14 CML SUMMER COUNCIL: The annual conference is scheduled for Those already signed up are as follows: Tom, Rob, CONFERENCE the week of 6/16-20 in Fort Collins. Please let Peggy, Jim S., and Ron. Ron know as soon as possible if you will be attending all, or a part, of this conference. 04/16 SKI MUSEUM CAROLINE: Put together the "Anything But Bob" POCKET PARK park naming contest. 04/21 ADDITIONAL AMPLIFICATION WILLIAM: With new work session arrangement, can we IN COUNCIL CHAMBERS hang additional microphones from ceiling or do something to increase voice coverage? 04/21 TOWN-WIDE KRISTAN/KEN: With restrooms no longer 'a possibility PUBLIC RESTROOMS in the Ski Museum Pocket Park, research additional sites, i.e., northwest corner of Fire Station, as well as review more explicit European street signage to direct visitors to the Library, Dobson Arena, and both parking structures.