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HomeMy WebLinkAbout1995-02-14 Support Documentation Town Council Work Session VAIL TOVIIN COUNCIL WORK SESSION TUESDAY, FEBRUARY 14, 1995 12:00 P.M. IN TOV COUNCIL CHAiVIBERS 1. Discussion of Ongoing Roll of Funding Partners for VVTCB Umbrella Organization. 2. PEC Report. 3. Discussion of 250 Ordinance. 4. Discussion/Public Meeting re: the Outdoor Display of Goods in the Village and Lionshead. 5. Consider Draft Animal Control Ordinance. 6. Request to proceed through the Design Review Process to allovu for the location of a freestanding menu box on Town right-of-way adjacent to Covered Bridge Building. Applicant: Covered Bridge Coffee Shop. 7. Request from the VRD to proceed through the planning process to rezone the golf course maintenance facility (1278 Vail Valley Drive, Parcel E, Vail Village 1st Filing) from Rlatural Area Preservation District to the General Use District. 8• 1999 Vllorld Ski Championships "Need List". 9. Discussion re: Eagle County Mass Transit Transportation Summit. 10. Information Update. 11. Council Reports. 12. Other. 13. Executive Session - Land Negotiations. VA Negotiations. 14. Adjournment. NOTE llPCOfwING MEETENG START TINiES BELOW: (ALL YIMES ARE APPROXlIIAATE AIVD SUBJEC7 TO CHAfVGE) • • ~ • • • • THE NEXT !/AIL YOWiV COUNCIL REGULAR WORK SESSION !A/ILL BE ON TUESDAY, 2/29/95, BEGINNING AT 2:00 P.M. IIV YOV COUNCIL CHANiBERS. THE FOLLOWIN6a VAIL TOlAIN COUNCIL REGULAR 1tVORK SESSIORI WILL BE ON TUESDAX, 2/28/95, BEGINPIING AT 2:00 P.M. IN TOV COUNCIL CHAMBIERS. THE NEXT VABL TOWN COUNCIL REGULAR EVEYVING MEE'TERlG 1A/ILL BE ON TUESDAY, 2/21/95, BEG@NNING AT 7:30 P.M. Ild TOV COUNCIL CHAMBERS. • a • • • • • C:VIGENDA. WSE r~ VAIL TOWfV COUfVCIL WORK SE$SION II UESD6°9ll yFEBRVA7'9 Y1°4y 1995 92:00 P.M. IfV TOV COUIVCIL CHAMBERS EXP/4NDED AGEIVDA 12:00 P.M. 1. Discussion of Ongoing Roll of Funding Partners for VVTCB Umbrella Bob Kunkel Organization. Keny Myers 12:45 P. M. 2. P EC Report. Mike Mollica 1:00 P.M. 3. Discussion of 250 Ordinance. Mike Mollica George Ruther 2:00 P.M. 4. Discussion/Public Meeting re: the Outdoor Display of Goods in the Village Lauren VVaterton and Lionshead. ACTIOfV REQUESTED OF COUNCIL: Provide staff with direction for further action. BACKGROUND RATIONALE: As requested at the November 22, 1994 Council work session, staff has proposed changes to the Zoning Code that would limit outdoor displays to two weekends per year. On December 19, 1994, the Planning and Environmental Commission (PEC) discussed the changes and favored the creation of guidelines for outdoor displays, and allowing displays year round. The PEC voted 5-1 recommending the establishment of a merchant task force to proposed guidelines and enforcement of the guidelines. STAFF RECOMMENDATION: Staf# recommends modification to the Zoning and Sign Codes (see the staff memo dated fVovember 22, 1994 for complete discussion). 3:00 P.M. 5. Consider Draft Animal Control Ordinance. Tom Moorhead Bob Slagle 4:00 P.M. 6. Request to proceed through the planning process to allow for the Randy Stouder location of a freestanding menu box on Town right-of-way adjacent to Covered Bridge Building. Applicant: Covered Bridge Coffee Shop. 4:05 P.M. 7. Request from VRD to proceed through the planning process to rezone Russell Forrest the golf course maintenance facility (1278 Vail Valley Drive, Parcel E, Vail Village ist Filing) from Natural Area Preservation District to General Use District. ACTION REQUESTED OF COUiVCIL: Since this property is owned by the Town of Vail, the Town Council is being requested to permit or deny the VRD from proceeding through the process to rezone the golf course maintenance facility. 1 ~ - BACKGROUiVD RATIOiVALE: Since the late 1960s, the golf course maintenance facility has been located on parcel E. In 1980 this property was annexed into the Town and zoned Natural Area Preservation District. In 1994, the Town of Vail acquired the north half of parcel E, Vail Village lst Filing from the U.S. Forest Service. This facility is nonconforming use and any proposed changes to the facility requires a zoning variance. Staff, through the Vail Comprehensive Open Lands Plan, has identified this site as one that needs to be rezoned since it is significantly developed and has no characteristics of a natural area. STAFF RECOMMENDATIONS. Staff recommends that the VRD be permitted to request a zoning change on the property. If permitted to proceed with a zoning change, the VRD will first receive a recommendation from the PEC and then come before the Town Council for final approval. 4:10 P.M. 8. 1999 1lUorld Ski Championship "Need List". John Garnsey Joe Macy 4:40 P.M. 9. Discussion re: Eagle County Mass Transit Transportation Summit. Mike Rose 5:25 P.M. 10. Informafion Update. 5:35 P.M. 11. Council Reports. 5:45 P.M. 12. Other. 5:55 P.M. 13. Executive Session. - Land Negotiations (15 min). - VA IVegotiations (1 hr). 7:10 P.M. 14. Adjournment. N0~E UPCOMING MEETIPIG START T9iV1ES BELOiN: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) *so 0000 THE NEXT dAYL TOWP! COUNCIL REGULAR VA/ORK SESSIOId !fl/ILL BE OBd TUESDAY, 2/21/95, BEGIPINING AT 2:00 P.M. IN TOV COUIVCIL CHAMBERS. THE FOLLOWING !/AIL T01iVN COUNCIL REGIJLAR WORK SESSION 1MILL BE ON TUESDAY, 2/28/95, BEGINIVING AT 2:00 P.M. IfV TOV COUIVCIL CHAMBERS. THE NE3tY VA9L TOWN COU[VCIL REGl9LAR EVEIVING MEETIidG lAIILL BE ON YUESDAY, 2/21/95, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHANi6ERS. • ~ • • • 0 0 C:VIGENDA.WSE 2 ! 1NORK SESSION FOLLOW-UP LTOPIC QUESTIONS FOLLOW-UP SOLUTBONS 1993 10/19 SNOW STORAGE LAND LARRY/BOB McL: Immediately pursue purchase from VA Current discussions presume a decision in 6 months (April '95). PURCHASE of current snow storage site, as well as another 10 acres adjacent to the west. 02/15 CHUCK ANDERSON YOUTH PAMIMERV: Contact VRD about moving up the selection Packet received and includetl in Paul's and Jan's materials, 5/3/94. AINARD process to allow awards to be given during May PRIOR to Further review of Youth Award proposal from Jan and Paul to be (request: Strauch) gratluation or to be included with the graduation scheduled for Febpuary 28,1995. ceremonies. 03/08 UNDERGROUNDING OF UTILITIES LARRY: Create a Master Plan to phase the untlergrounding Larry has memo in process. NiASTER PLAN of all above-ground utilities within Vail, (request: Council) 04/05 SIGNS LARRY/GREG: Why are there so many signs in this town? Tom, Ken, Buck, Larry, Greg will set issue for general Council discussion They represent neither a quality appearance nor are they on February 28, 1995. "user-friendly." There are 24 signs beiween Tom Steinberg's house and the TOV... 01/03 GRUNDIG MOUNTAIN BIKE RACE BOB; Explore the following opportunitieslconcerns: 1) Still waiting for information from John Garnsy re: Item #4 antl cancelling Street food vending; 2) VAITOV cooperative funding; 3) the race. Future events; 4) Explore how restrictive we can be without losing event forever; 5) UVill Rountlabout and Covered Bridge both be operational by this event schetluled June 8- 11,1995? 01/24 GIFTS/HONORARIA REPORTING TOM: Per the advisement in the most recent CML Newsletter (1120195), please provide an opinion to Council outlining their responsibility. CRS 24-6-203. 01/24 10TH MOUNTAIN DIVISION PAM: Coordinate a reception, possibly in conjunction with Pam has spoken with both Earl Clarke and Frank Romano and is RECEPTION Colorado Ski Museum (Lucy Babcock) for May 28, 1995. setting up an appoinfinent with Lucy Babcock. Coordinate partnerships in this effort w/VUF, VA, VFW, etc. February 10, 1995 Page 1 of 2 01/24 INFORMATION CENTERS BOB/PAM: Coordinate meeting with Colorado Ski Museum and VVTCB re: possible management of VTRC Information Center by Colorado Ski Museum. 02/07 "Needl LBsf" gor'99 Championships ALL: Finalize lisf with departments and Council 9or Schedule fmp discussEon at Febp~ary 94, 9995 work session. presentation 4m Sfate. February 10, 1995 Page )-ot 2 1. Does the present structure address adequately political ramifications? 2. Do the funding partners need to have some sort of up-front agreement that relate to the process, including controlled conditions and recording mechanisms? 3. Do we need to have certain agreements as to expectations in advance? . 4. How do the funding partners relate to the WTCB Board? 5. What provision is there so that other entities can in the future become a partner? 6. What is the WTCB board's plan to set up a mission and goals statement and how would that be presented to the funding entities? It is important that they review and support that? So these are dealt with some initial points regarding the relatioriship funding entities and WTCB board. Then on a follow-up basis is there a need to have an annual or bi-annual report to the funding entities and would it be appropriate that that report be made to a meeting at which all of the funding entities are present rather just to entity individually. PLANNINC AND ENVIRONIIAENTAL COnAnAISSlON February 13, 1995 AGENDA - Proiect Orientation/Lunch 19:30 a.rn. Si4e Visits 92:30 p.m. The Ruins Lions Square .Lodge . Covered Bridge Coffee Shop The Golden Bear Serrano's Drivers: Andy and Randy PublicHearinq 2:00 p.m. 1. A request regarding amendments to Chapter 18.71 (Additional GRFA) and Chapter . 18.57 (Employee Housing), deleting the section providing for Additional GRFA (the 250) and incorporating the 250 GRFA allowance in the Employee Housing Section of the Zoning Code, to be used exclusively for deed-restricted employee housing: Applicant: Town of Vail Planner: George Ruther 2. A request for a conditional use permit to allow for an outdoor dining deck at the Covered Bridge Building (Covered Bridge Coffee Shop), located at 227 Bridge Street/Lots B, C and D, Block 5-13, Vail Village 1 st Filing. Applicant: Julie Iverson and Kiendra Hoover Planner: Randy Stouder 3. . A request for a major CCII exterior alteration and common area and parking variances to allow for a lobby expansion for the Lions Square Lodge located at 660 West ~ Lionshead Place/Lot 1, Vail Lionshead 1st Filing. Applicant: Lions Square Lodge, represented by Bill Pierce . Planner: Jim Curnutte 4. A request for a worksession for a CCI minor exterior alteration to allow for an addition to the Golden Bear retail shop within the A and D Building, located at 286 Bridge StreeULots A and B and a part of C, Block 5-A, Vail Village 1 st Filing. Applicant: Lee Hollis Planner: Randy Stouder 1 5. A request for a worksession for a major amendment to SDD #4 Cascade Village ta allow for the completion of the Westhaven Condominiums (The Ruins) located at 1325 Westhaven Drive/Cascade Village, SDD #4. Applicant: Gerald Wuhrman, General Manager of the Westhaven Condominiums Planner: Andy Knudtsen 6. A request for a major amendment to SpD #5 (Simba Run) to allow for modifications to the previously approved development plan for the Savoy Villas Development located on an unplatted parcel at 1100 North Frontage Road. Applicant: Walid Said Planner: Jim Curnutte TABLED TO FEBRUARY 27, 1995 7. A request for a site coverage variance to allow for an expansion of the Aasland Residence located at 2527 Arosa Drive/Lot 3, Block Ci, Vail Das Schone 1 st Filing. Applicant: Galen Aasland Planner: Randy Stouder TABLED 'TO FEBRUARY 27, 1995 8. A request for a major exterior alteration in the CommE:rcial Core I zone district and site coverage, stream setback and common area variances and conditional use permits to allow office on the third floor and to allow an outdoor dining deck to provide for the redevelopment of Serrano's, located at 298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1 st Filing. Applicant: Margretta B. Parks and Vail Associates, Inc. Planner: Andy Knudtsen TABLED TO FEBRUARY 27, 1995 9. Approve minutes from January 23, 1995 PEC meeting. 10. Council. Update: •Vail Commons RFP issued January 27, 1995. 11. Update on schedule for PEC appointments. 2 , PL,QNNING AND ENVIRONAAENTAL COIIAMISSION February 13, 1995 . AGENDA Projecf Orientation/Lunch 91:30 a.m. Sife Visifs 12:30 p.rn. The Ruins Lions Square Lodge Covered Bridge Coffee Shop The Golden Bear Serrano's Drivers: Andy and Randy Public*Hearing 2:00 p.m.' 1. A request regarding amendments to Chapter 18.71 (Additional GRFA) and Chapter . 18.57 (Employee Housing), deleting the section providing for Additional GRFA (the 250) and incorporating the 250 GRFA allowance in the Employee Housing Section of - the Zoning Code, to be used exclusively for deed-restricted employee housing. Applicant: Town of Vail Planner: George Ruther 2. A request for a conditional use permit to allow for an outdoor dining deck at the Covered Bridge Building (Covered Bridge Coffee Shop), located at 227 Bridge StreeULots B, C and D, Block 5-13, Vail Village 1 st Filing. Applicant: Julie Iverson and Kiendra Hoover . Planner: Randy Stouder 3. : A request for a major CCII exterior alteration and common area and parking variances to allow for a lobby expansion for the Lions Square Lodge located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1 st Filing. Applicant: Lions Square Lodge, represented by Bill Pierce Planner: Jim Curnutte 4. A request for a vuorksession for a CCI minor exterior alteration to allow for an addition . to the Golden Bear retail shop within the A and D Building, located at 286 Bridge StreeULots A and B and a part of C, Block 5-A, Vail Village 1 st Filing. Applicant: Lee Hollis Planner: Randy Stouder ' . ~ 5. A request for a worksession for a major amendment to SDD #4 Cascade Viilage to allow for the compietion of the Westhaven Condominiums (The Ruins) located at 1325 Westhaven Drive/Cascade Village, SDD #4. Applicant: Gerald Wuhrman, General Manager of the Westhaven Condominiums Planner: Andy Knudtsen 6. A request for a major amendment to SDD #5 (Simba Run) to allow for modifications to the previously approved development plan for the Savoy Villas Development located on an unplatted parcel at 1100 North Frontage Road. Applicant: Walid Said Planner: Jim Curnutte TABLED 'TO FEBRUARY 27, 1995 7. A request for a site coverage variance to allow for an expansion of the Aasland Residence located at 2527 Arosa Drive/Lot 3, Block Cl, Vail Das Schone 1st Filing. Applicant: Galen Aasland Planner: Randy Stouder TABLED 'TO FEBRUARY 27, 1995 8. A request for a major exterior alteration in the CommE:rcial Core I zone district and site coverage, stream setback and common area variances and conditional use permits to allow office on the third floor and to allow an outdoor cJining deck to provide for the redevelopment of Serrano's, located at 298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1 st Filing. Applicant: Margretta B. Parks and Vail Associates, Inc. Planner: Andy Knudtsen TABLED 'rO FEBRUARY 27, 1995 9. Approve minutes from January 23, 1995 PEC meeting. 10. Council Update: •Vail Commons RFP issued January 27, 1995. 11. Update on schedule for PEC _appointments. 2 ~9.5 a 1*• fs ~J,ftw__ Geo~~~ Lamb 5135 Main Gore Drave Vailo Cogorado February 14, 1995 TO o The Vail Town Council FROMe George Lamb REo 250 Ordinance I wish to formally express my opposition to the current revision proposal to the 250 ordinancee Having served on the Design Review Board for four years I saw many examples where the 250 ordinance was a very positive feature in improving a property both internally as to design and function and externally by correcting deficiencies in landscaping, paving and general overall appearancee As we continue to experience a local flight down valley, it would be unfortunate to remove one of the few alternatives Vail homeowners have legt to improve their existing residenceo 2 also firmly believe that a revision of the ordinance to apply only for use in deed restricted employee housing would be ill advisede First, such a program would exasperate an already diggicult monitoring situation, and second, there will be. situations where these deed restricted employee units will proved to be a hardship when the owner attempts to sell his residenceo Vail must address the employee housing problem aggressively, but not at the cost of another proven remedy such as the 250 ordinancee As Vail needs to be competitive with its emerging neighbors down valley, we seem to be giving more credence to the perception that it is extremely difficult to obtain approvals for the type of renovations Vail must undertakeo We need to switch from our continued policy of reaction to one of being proactive. 1 lUs 67• i 41s l,(,&Wtt_3 a ~ ~~~~~~~DUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 19, 1994 RE: A request for aworksession for an amendment to Section 18.71 (Additional GRFA) and Section 18.57 (Employee Housing), to delete the section providing for Additional GRFA (the 250) and to incorporate the 250 GRFA allowance in the Employee Housing Section of the Zoning Code, to be used exclusively for deed-restricted employee housing. Applicant: Town of Vail Planner: George Ruther 1. WTRODlJCT90N- At the request of the Vail Town Council, the planning staff was asked to initiate revisions to the existing 250 Ordinance (Additional GRFA). The Council has proposed that the existing 250 Ordinance be revised to allow the additional 250 square feet of GRFA only when proposed in conjunction with an approved, deed restricted employee housing unit. Revisions, therefore, would need to be made to both Chapter 18.71 (Additional GRFA) and Chapter 18.57 (Employee Housing) of the Town of Vail Municipal Code. Any changes to the 250 Ordinance would require a recommendation from the Planning and Environmental Commission (PEC) and two readings of the ordinance change before the Town Council at public hearings. This memorandum provides a brief history of the 250 ordinance, the results of staff's research into all the 250's approved in the Town of Vail, the future development potential of the ordinance and proposed alternatives to the existing 250 ordinance. 90. HBSTORY OF YHE 250 The 250 Ordinance was originally approved by the Town Council in March of 1985 (Ordinance 5, Series 1985). According to Chapter 18.71, Section 18.71.010 of the Municipal Code, in part, the purpose of the 250 square feet of additional GRFA is to: "provide an inducement for the upgrading of single family dwellings and dwelling units which have been in existence within the Town of Vail for at least five years by permitting the addition of up to 250 square feet of Gross Residential Floor Area to such single family dwellings and dwelling units. The 250 square feet of additional GRFA may be granted to single family dwellings, two family and multi-family dwellings only once, but may be requested and granted in more than one increment of less than 250 square feet. Chapter 18.71 does not assure each single family dwelling or dwelling unit located within the Town of Vail an additional 250 square feet, and proposals for any additional GRFA shall be reviewed closely with respect to site planning, impact on adjacent properties and applicable Town of Vail development standards." s ~ Additionally, the 250 Ordinance was adopted as, a result of an increasing number of density (GRFA) variance requests for small additions to existing resiciences that had already reached their full development potential. The majority of the GRFA variance requests were denied since the applicants had difficulty in meeting the criteria and findings required in order for the PEC to grant a variance. As a result, the planning staff was directed to create an ordinance allowing property owners to receive additional GRFA. In the nearly ten years since the adoption of the 250 Ordinance, the Ordinance has been amended only once (Ordinance 36, Series 1988). In Decemk>er of 1988, the Vail Town Council approved, upon second reading, an amendment.to the purpose Section (18.71.010) of the 250 Ordinance allowing 250 square feet of additional GR1=A to be used in single family dwellings which are totally removed and replaced (demo/rebuild). This was considered to be "the ultimate remodel" of an existing building. In 1991, a request was made by the Town of Vail to repeal Chapter 18.71 of the Municipal Code. The repeal request of Chapter 18.71 was made in response to a report completed by the Zoning Code Revision Task Force. In a memorandum priapared for the PEC, the Zoning Code Revision Task Force identified two main issues, or problems which exist with.the 250 Ordinance. The two main issues, or problems, are with the demo/rebuild provision and variances in conjunction with 250 requests. The conflicting issue relating to the demo/rebuild provision revolves around the notion that a demo/rebuild project is inconsistent with the original intent of the ordinance. The Task Force felt that the intent of the 250 was to provide an "inducement" to upgrade existing buildings and that a demo/rebuild is not in keeping with the original intent of the ordinance to upgrade existin buildincis. The conflicting issue associated with variances, in conjunction with 250 requests, is, that it is inconsistent to grant a site development variance (i.e. site coverage, setback, etc.) in order to allow a property owner to add GRFA in excess of what is permitted on a particular property by the Zoning Code. .It was the opinion of the Task Force, at that time, that if the two main issues or problems associated with the 250 Ordinance could be resolved, the 250 Ordinance should remain. If not, the 250 Ordinance should be repealed. The Task Force recommended a repeal of the entire 250 Ordinance. At the April 8, 1991 PEC meeting, the planning staff presentecJ the Task Force's recommendation to repeal the entire 250 Ordinance (Ordinanc:e No. 9, Series of 1991). After a lengthy public hearing with comments being heard from a niamber of citizens expressing concern over the proposed repeal of the 250 Ordinance, a motion was made. The motion made was to modify the existing 250 Ordinance as opposed to repealing it entirely as was recommended by the staff and the Zoning Code Revision Task Force. The motion was seconded. After discussion on the motion was completed, an amended motion was made and read as follows: "That the ordinance be sent to the Town Council with Et recommendation of denial of the staff recommendations in order for the orciinance to return to the Zoning Code Task Force to clarify the issues." A vote was taken and the motion passed by a vote of 4-1. A copy of the PEC memorandum and the minutes from the April 8, 1991 PEC meeting has been provided for your reference (Exhibit D). e 4 At the regular evening meeting of the Town Council on April 16, 1991, the Town Council heard discussion on Ordinance IVo. 9, Series of 1991, first reading, an ordinance to repeal Chapter 18.71 of the Town of Vail Municipal Code. Staff presented the ordinance and the recommendation of the PEC to deny the ordinance as proposed. Public input on the ordinance was then heard by the Council and a motion followed. A motion was made to denv Ordinance No. 9. A vote was taken and the motion passed 4-2. A copy of the Vail Town Council minutes has been provided for your reference (Exhibit E). VOl. 250 1RESEAffiCH In response to the Town Council's request of staff to initiate revisions to the existing 250 Ordinance, the planning staff conducted an investigation of all 250's approved in the Town of Vail. The methodology of the investigation was to research and review all of the Design Review Board (DRB) agendas and minutes, and other appropriate planning files, and document all of the 250 approvals granted between 1985 and IVovember 1994. The purpose of the 250 Ordinance research was to answer the following questions as they relate to the 250: 1. What is the distribution of approved 250's throughout the Town? 2. How many 250's have been approved in the Town of Vail? 3. What is the total number of square feet approved with each 250 request? 4. What was the use of the additional 250 square feet? 5. Were property upgrades (paving, landscaping, undergrounding of utilities, etc.) . required with the approval of the 250 request? 6. Was the additional square footage an interior or exterior improvement? Documentation of the 250 research has been provided (Exhibit E). VV. DEVfELOPMENT POTENTlAL In January of 1994, the Town of Vail Community Development Department prepared the "Town of Vail Development Statistics". The purpose of preparing the Development Statistics was to determine the existing and future potential residential development in the Town of Vail, in terms of the number of dwelling units. The Development Statistics figures represent an approximate count of the number of units in the Gore Valley today, as well as provide an approximate account of how many units could be built in the Valley in the future. According to the Development Statistics, 4,942 multi-family units currently exist and a potential of 237 multi- family units remains; resulting in a total multi-family development potential of 5,179 units. Similarly, 1,757 single family, duplex and primary/secondary units exist in the. Town today. The future potential of 853 units remain; resulting in a possible total 2610 single family, duplex and prim ary/seco ndary units in the Town of Vail. ~ : The results of Staff's research into the 250 Ordinance indicaies that since 1985, when the 250 Ordinance was originally adopted by the Council, until November, 1994, 176 250's (65 interior/111 exterior) have been approved, resulting in a total of 38,252 square feet of additional GRFA being added within the Town of Vail (Exhikiits A and 6). The average square footage of an approved 250 during that time period is 221 square feet. Furthermore, staff's research indicates that of the 176 approved 250's, 26 (or 15°/a of the approved 250's) required some form of upgrading to the applicant's property (Exhibit C). A map illustrating the spacial distribution of all 250's approved in the Town of Vail from 1985 to November 1994 was also prepared by staff. Staff used thE; information gathered during the research process of the 250 Ordinance to create the map to illustrate how many 250's have been approved in three areas of town. The three areas of toinrn identified on the map are East Vail, West Vail, and Mid-Vail. Results of the map preparation indicate that twenty-three 250's were approved in East Vail, eleven have been approved in W'est Vail, and one hundred forty- two have been approved in the Mid-Vail area of town (see miip). Lastly, when the results of the 250 Ordinance research are combined with the figures represented in the "Town of Vail Development Statistics", staff can infer the future additional square footage of the 250 Ordinance. The table below illustrates the results when the figures represented in the Development Statistics are combined with the 250 Ordinance research completed by staff: OF 250'S GRFA THAT COULD BE ADDED iEXISTINGIPOTENTIAL1# OF D.U.'S @ APPROVED ie OF D.U.'S STILL WITHIN THE TOWN OF VAIL TYPE OF DWELLWG UNIT (D_UD.U__ D_U__ ____~BUILD OUT SINCE 1985 IELIGIBLE FOR A 250 UNDER THE 250 ORDINANCE - - - - - - r- - - - - J - - - ~ - - - - - - Single Family, Duplex Prim-ary/Secondary , 17571 8531 2010~ 111 2499' 624750 - ~ - - _ - - ~ _ - ; - - - - - - MuIU-Famil _ i 49421 2371 _51791 - -65~ 51141 1278500 - y - - - - - . _ - - - - - - i - - - - - - TOTAL 6699 1094! : ; 1903~5[3 V. PROPOSED CHANGES TO THE 250 ORDINANCE The planning staff has prepared four alternatives to the currerit 250 Ordinance. The four alternatives includes: 1. Amend the 250 Ordinance to allow the additional GRFA on a site only when associated with an approved, deed restricted employee housing unit; 2. Entirely eliminate the 250 Ordinance (Chapter 18.71) of the Town of Vail Municipal Code by repealing Ordinance No. 5, Series of 1985 and Ordinance No. 36, Series of 1988; 3. Amend the 250 Ordinance to allow all propeirty owners to add GRFA? to their property, but the additional square fooitage would be limited to the interior of the structure only; 4. No action, make no revisions to the 250 Ordinance and allow property owners to continue applying for additional GRFA as they currently are . permitted under Chapter 18.71 (Additional GRFA). a I d Each of the four alternatives proposed by staff have both advantages and disadvantages associated with them. The table below identifies each of the alternatives and briefly describes the advantages and disadvantages associated with each: PROPOSED ALTERidATIVE ADVANTAGES DISADVAWTAGES Amend the 250 Ordinance to 1. Provides an additional incentive to property 1. Could be construed a special allow the additional GRFA owners and developers to create employee privilege to propehy owners with only when associated with an housing units in the Town of Vail. lots less than 15,000 square feet approved, deed restricted in the Primary/Secondary zone employee housing unit. 2. Improves quality of life for employees in the district. Upper Eagle Valley. 3. Creates and continues to provide a public benefit to the community. Entirely eliminate the 250 1. Removes the contradiction that currently 1. Restncts a property owner's Ordinance, (Chapter 18.71) of exists in the Code with regard to GRFA, ability to "modemize" their the Vail Municipal Code by variance requests, public welfare, homes as their personal needs repealing Ordinance No. 5, demo/rebuild, etc. In addition, no other change. Series of 1985 and municipality uses this method to offer Ordinance No. 36, Series of additional GRFA in their Zoning Code. 2. Could potentially increase the 1988 amount of GRFA variances , 2. Would eliminate further increases in the requested of the Planning and bulk and mass of structures currently in the Environmental Commission. Town of Vail. 3. May eliminate a property owner's desire to fully complete their project and receive a final Certificate of Occupancy. 4. May eliminate the Town's ability to get property owners to bring their properties into compliance with the Zoning Code. Amend the 250 Ordinance to 1. Would allow property owners to 1. Adversely effecls those propeny allow all property owners to "modernize" their homes without increasing owners whose residences are add GRFA to their properly, the bulk and mass of the structure. not conducive to interior but the additional square expansion only. ' footage would be limited to 2. Continues to allow properties to be the interior of ihe structure upgraded in the Town of Vail. 2. May provide an incentive for only. property owners to add large 3. Provides an ability for ihe Town to require vaulted spaces to iheir new additional landscaping, above ground homes with the intent of adding utilities to be undergrounded, and gravel the additional 250 square feet in driveways to be paved on properlies in the lofled spaces in the future. town. No action, make no revisions 1. Continues to provide for the upgrading of 1. Perpetuates the two main issues to the 250 Ordinance and properties in the Town of Vail. or problems associated wilh the allow property owners to. 250 Ordinance identified by the continue to apply for 2. Provides an ability for the Town to require Zoning Code Revision Task additional GRFA as they additional landscaping, above ground Force in 1991 and addressed currently are permitted under utilities to be undergrounded, and gravel . earlier in this memo. Chapter 18.71 (Additional driveways to be paved on properties in GRFA). Town. 2. Could conlinue to add additional mass and bulk to the existing 3. Continues to allow properly owners to siructures within the Town of improve their quality of life by allowing them Vail. to expand their residences as their personal needs change. ~ r ~ e4 TUW+I OF VAIL 75 South Frontage Road Office of Town Artorney Yail, Colorada 81657 - - 303-479-21071 FAX 303-479-2157 MEiVIORANDUM TO: Planning & Environmental Commission FROM: R. Thomas Moorhead DATE: January 23, 1995 RE: Removal of Chapter 18:71, Additional Gross Residential F:cor Area Constitute a"Taking" of a Development Right Ladies and Gentlemen, George Ruther explained that your Commission had questions as to wrhether the removal of the opportunity to develop an additional 250 sq. ft. of gross residential floor area, single family dwellings and dwelling units would constitute the taking of a prcperty right which would require compensation. My answer to that question is no. The Town of Vail has comprehensive zoning which promotes widespread public bene:`it. Within that zoning the Town of Vail regulates the gross residential floor area that is permitted ir~ dwelling units. In 1985 an exception to the comprehensive zoning was created for an expressed public purpose. That exception was to allow, under certain circumstances, an additional 250 sq. ft. of GRFA to provide an inducement for the upgrading of single family dwellings and dwell:ng units in existence for more than five years. The Chapter expressly states that it does not assure each single family dwelling unit an additional 250. A I ~d use regulation constitutes-a taking under the Colorado and United States constitutions if it pvents all economically viable use of the property. Regulation which does not prevent all economic use may also constitute a taking if it goes "to far." The determine of whether a regulation goes "to far" for purposes of the Fifth Amendment is essentially an "ad hoc, factual" inquiry. Several factors should be taken into account when determining whether a governmental action has gone beyond "regulation" and affects a"taking." Those factors are: "the character of the governmental action, iYs economic impact, and it's interterence with reasonable invsstment- backed expectations." Expecfations of unregulated use are unreasonable when an extensive regulatory scheme is in place at the time of investment. ~ There is no question that the removal of this provision would not prevent all econcrricaily viable use of the property. It in fact places no additional restrictions on the property than thosa that are already in place through the comprehensive zoning. What it does do is remove an exception to the comprehensive zoning. "Government could hardly go on if to some extent values incident to property coufd not be diminished without paying for every such change in the general law... But... the impl;ed limitation must have its limits...when it reaches a certain magnitude, in most if not all cases there must be an exercise of eminent domain and compensation." 260 U.S. at 413: I do not believe that the removing of the regulation in question would reach such a magnitude that it could be determined that any property owner would be entitled to compensation. A property owner does not establish a"taking" by showing that they have been denied the ability to exploit a property interest that they heretofore had believed was available for development. A Iand owner does not have an investment-backed expectation protected by the taking clause when a regulation destroys only "one strand" in the property bundle of rights. All land use controls must advance a legitimate governmental interest that serves the public health, safety, morals and general welfare. Comprehensive zoning has been found to meet that substantive due process requirement. Since the Town would be assuring its previously determinE:d zoning requirements as far as density and because removal of the Chapter would not pl,ace additional restrictions on the property and the economic loss would be insignificant in relation to the value of the property, it is my opinion that removal of the opportunity to develop and aciditional 250 sq. ft. of GRFA would not constitute a regulatory taking. Thank you. RAM/aw ~ CArtwllica.mem P. u' e4 TUWN OF VAIL 75 South Frontage Road Office of Town Attorney Yail, Colorado 81657 ~ - 303-479-21071 FAX 303-479-2157 fVI E IVIO RAN D U iVl TO: Planning & Environmental Commission FROM: R. Thomas Nioorhead DATE: January 23, 1995 RE: Removal of Chapter 18.71, Additional Gross Residentia! ;:cor Area Constitute a"Taking" of a Development Right Ladies and Gentlemen, George Ruther explained that your Commission had questians as to whether the removal of the opportunity to develop an additional 250 sq. ft, of gross residential floor area, single family dwellings and dwelling units would constitute the taking of a prcNerty right wrhich would require compensation. My answer to that question is no. The Town of Vail has comprehensive zoning wrhich promotes widespread public bereFit. Within that zoning the Town of Vail regulates the gross residential floor area that is permitied :r dwelling units. In 1985 an exception to the comprehensive zoning was created for an expressea public purpose. That exception was to allow, under certain circumstances, an additionai 250 sq. ft. of GRFA to provide an inducement for the upgrading of single family dwellings and dwelling units in existence for more than five years. The Chapter expressly states that it does not assure each single family dwrelling unit an additional 250. A land use regulation constitutes a taking under the Colorado and United States constitutions if it prevents all econamically viable use of the property. Reguiation which does not prevent afl economic use may also constitute a taking if it goes "to far." The determine of whether a regulation goes "to far" for purposes of the Fifth Amendment is essentially an "ad hac, factual" inquiry. Several factors should be taken into account when determining whether a governmental action has gone beyond "regulation" and affects a"taking." Those factors are: "the character of the governmental action, it's economic impact, and it's interterence uvith reasonable investment- backed expectations." Expectations of unregulated use are unreasonable when an extensive regulatory scheme is in place at the time of investment. There is no question that the removal of this provision would not prevent all econamica'lly viable use of the property. It in fact places no additional restrictions on the property than those that are . already in place through the comprehensive zoning. What it idoes do is remove an exception to the comprehensive zoning. "Government cauld hardly go on if to some extent values incident to property couid not be diminished without paying for every such change in the general law... But... the implied limitation must have its limits...when it reaches a certain magnitude, in most if not all cases there must be an exercise of eminent domain and compensation." 260 U.S.. at 413. I do not believe that the removing of the regulation in question would reach such a magnitude that it could be determined that any property owner would be entitled to compensation. A property owner does not establish a"taking" by showing that they havie been denied the ability to exploit a property interest that they heretofore had believed was available for development. A land owner does not have an investment-backed expectation prot(acted by the taking c;ause when a regulation destroys only "one strand" in the property bundle of rights. AIf fand use controls must advance a legitimate governmental interest that serves tne public health, safety, morals and general welfare. Comprehensive zoning has been found to meet that substantive due process requirement. Since the Town would tie assuring its previously determined zoning requirements as far as density and because removal of the Chapter would not place additional restrictions on the property and the economic loss would be insignificant in relai:ion to the value of the property, it is my opinion that removal of the opportunity to develop and aciditional 250 sq. ft. of GRFA would not constitute a regulatory taking. Thank you. RA M/aw C:\mollica.mem TOWN of VAIL 250 ORDINANCE RESEARC8~ ~~AMMS (12/94) V[EAR NUMBER TOTAL AvERAGE NUMBER NUMBER NUMBER OF 250 APPRO!!ED SQ@.DARE SQUARE OF OF APPLVCATOONS FOOTAGE F00TAGE 9NTERIOR EXXTERBOR REQUIR9RNG APfPRO!!ED APPRONED 250'S 250'S OMPRO!/EMENTS 1985 3 750 250 0(0%) 3(100%) 2(67%) • 1986 5 1217 243 0(0%) 5(100%) 0(0%) 1987 5 1015 203 1(20%) 4(80%) 0(0%) 1988 4 844 211 0(0%) 4(100%) 1(25%) 1989 14 3234 231 3(21 11 (79%) 1(7%) 1990 23 5212 227 6(26%) 17 (74%) 4(17%) 1991 28 5533 198 10 (36%) 18 (64%) 3(1.1 1992 25 5348 214 11 (44%) 14 (56%) 5(20%) 1993 33 6980 211 18 (55%) 16 (45%) 5(15%) 1994 36 8099 225 16 (44%) 20 (56%) 5(14°/a) ( fVov) ML 938,252 sq fl; 221 ft: s~ 2~~0 9 91 26 :!(15 t: 4 ~ " EXHIBIT A 4 C TOTAL NUMBER OF INTERIOR & F.XTERIOR 250'S AI`i•i:0'-','ED IN THE TOWN OF VAIL FROn9 1985 TO NOV., 1994 ~ 40 35 :::::i:::i.' <:>::;:Y:<~::»>:;:j::i;:;;:;:;;;.::_.;:`s::.>: i 30 s~.::ift:~:1.: i :.~:~:::V,: : . a ; » ~ Zp ..:::;:.:::,::;~.~i;iiiiiiiii;iiiiiiii;:~ii;;i:ii:ii;i;;~i;'ii:;:'i;ii:ii;ii;i:~i'::iiiii;::iii;ii?i;i`i'i:i:>iii':;;;'';:i;::~i'~:~:;i:::;;;i:;`;:iiii;~i:S:i:iii;'ii';~:~i;:'iiiiii:ii:i;iiiii;iiiiiiiii:ii;i;~:i`'<`;ii;i:i>::i:i~:iiiiiti;i:i;iii: >i;r;;;:~:ii:i:: . . 6 . 0 ' .:.~<:..::::~:.:::v.s:~:::::;:w:.:::o::>.:.:,::>:c:.>.:.>'.>:~::.a::::.>:»>::;::o:.... ;..>:...>::::::::.:'.>:r..;..:::: : ¦y . ' ^:i Fri .`i'.::::i:i:: ii:<: `~J W p~ Q F k ~ W x m .a U a d O w .,-1 ~ z ~ 20 w A • E. 1= r-1 18 z w 4 > ta O 0 #OF EXT ER. x O a W 0. a o. w _ . .;:<.;:;<. ; . . . . < _ . . . . . . > 0 ~ , , . 15 ~ #OF INTER. ~ . < : D 17 ~i . zN ~ 10 . 18 1 1 ~16 . _ : : . ' 11 i 10 5 <.;; s; . : 4 ' 6 5 3 i 3 3 . ~ . O 1 1985 1986 1987 1988 1989 YEAR 1990 1991 1992 1993 1994 (NOV) Reviud 12/I5194 . NUMBER OF 250'S APPROVED & NUNIBER OF 250'S IREQUIRING VAAPROVEAiiENYS IN THE FOlAlN OF !lAI~ FR0M 9985 TO NOVEMBER, 9994 „ ao TO TAL 250'S -0- # 250'S REQ. 35 IM PRVMNTS 30 : ~ ~ 0 ~ ~ N U ~ ~ 25 0 A. -P ~ ~ - A - = ~ . ~ ~ ~ - ~ 20 17 6 v o ed 250' s AP Pr ~ o. ~ w ~ 15 26 - 2 iri 50's Rq e u n 9 Im r ovmn e e ts p 10 . 5 ; 0 ` 1985 1987 1989 YEARS 1991 1993 Rev.12/15/94 i Exhibit D MEMORANDUM 'I'O: Planning ancl Environmental Commission F'ROM: Community Development Department DATE: . April 8, 1991 SUBJECT: A request to repeal Town of Vail Municipal Code .Chapter 18.71 - Addi.tional Gross Residential Floor Area, commonly.ref'erred to as the 11250 Ordinance." Applicant: Town of Vail I. INTRODUCTION Dating back to its adoption in 1985, a certain amount of controversy has always surrounded the 11250 ordinance". Recently, debate over the purpose and need for the ordinance resulted in it being made a high priority item of the Zoning Code Revision . Project. This memo provides a brief background on the 250 ordinance, an explanation of the two main issues with the ordinance, and recommendations on what to do with the ordinance: The 250 ordinance has been discussed on numerous occasions during the past six months, and of al.l the issues that have been dis- cussed during the Code Revision Project, none can compare with the wide range of opinions that have been expressed about this o.rdinance. While discussions with the Planning and Environmental Commission and Town Council produced no definitive agreement on what specific changes ;should be made to the ordinance, agreement on the problems with the ordinance has been reached. The two main issues, or problems that have prompted the_discussion of this ordinance are: A. The "Demo/Rebuild Provision" ' There is near unanimous agreement that the 1988 amendment permitting an add:itional 250 square feet of gross residen- tial floor.area (GRFA), in demo/rebuild projects is inconsistent with the original intent of the ordinance. B. Variances in Conj'sn^tion with 250 Proposals Many members of trie Council and Commission have expressed concern over variances to site development standards (i.e. setbacks) being gz-anted in order to allow a property owner to develop GRFA iri excess of what is permitted on a property. 1 i l Both of these issues are discussed in much greater detail in other sections of this memorandum. Based on discussions with these two boards, it became fairly clear that if these two issues were resolved, the 250 ordinance could be maintained (albeit in a modified form). The charge of the Task Force, staff and consultant was to develop amendment alternatives that would delete the demo/rebuild provision and prohibit site development variances in conjunction with 250 proposals. In January, the staff began.working with the Zoning Code Task Force to try and resolve these two issues. The goal of this effort was to evaluate alternatives and reach consensus on an amendment responsive to the Council's and Planning Commission's direction. Ironically, the result of this effort is a recommendation from the Task Force to repeal, rather than modify this ordinance. This recommendation, which is supported by the staff, is based on inherent difficulties in resolving the two main issues with this ordinance. II. BACKGROUND ON THE 250 ORDINANCE Throughout the early 1980's, an increasing number of GRFA variance requests were made far small additions to existing residences. While a very small number of these requests were approved, most were denied by the PEC or by the Council on appeal. The reason for denial was that approval of a variance requires that some physical hardship exist on the site - a physical hardship that creates practical difficulties in the development of the property. .As stated in the code, "physical fiardships may_result from the size or shape of a lot; the location of existing structures thereon; from topographical or physical conditions on the site or in the immediate vicinity; or from other physical limitations . " It is difficult, if not impossible, to find a legitimate physical hardship as justification for developing GRFA over what is allowed by zoning. The majority of these GRFA variance requests presented no adverse impacts to the site or adjacent properties. Nonetheless, most were denied because they did not satisfy variance criteria. The PEC and Council's-frustration with having to deal with these requests resulted in direction to the staff to develop a.process that would allow for small additions to existing residences that exceeded allowable GRFA for the property. 2 II After lengthy analysis and discussion, Ordinance 4.of 1985 was adopted for the purpose of "providing an :inducement for the upgrading of certain structures . . by permitting the addition of up to 250 square feet of GRFA to certa_Ln structures provided certain criteria are met". Among these criteria were: 1) Units in multi-family buildings coulci add the square footage only by converting existing interior spaces; physical expansions or deck enclosures were not permitted in multi•- family buildings. 2) A residence had to be at least five years old before qualifying for additional square foot:age, thus ensuring that the ordinance is used for additions t:o existing structures. 3) Properties that obtained additional GRFA had to comply with minimum site and landscape standards.- for example, the DRB could require additional landscaping as a condition of adding additional GRFA. 4) Additional GRFA permitted by the ordi.nance could be granted only once. The key element of this ordinance had noth.ing to do with "provid- ing an inducement for the upgrading of cer-tain structures". Instead, what the ordinance did was allow a property owner who has developed all allowable GRFA to develap additional GRFA without going through the variance process. As a result, the physical hardship criteria did not have to be satisfied in order to construct a small addition to a"maxed out" property. In the late 1980's, it became quite common to see the demolitian of existing s.ingle family and duplex residences in order to construct a new residence. With very few exceRtions, this trend has been limited to the Forest Road and Mill Creek Circle areas of town. A request to utilize the 250 Ordinance in conjunction this type of redevelopment prompted revisions to the 250 Ordinance in 1988. Referred to as the "ultimate remodel", the ordinance was amended to allow demo/rebuild projects to qualify for an additional 250 square feet,of GRFA. As a"trade-off" for allowing this additional square footage, the amended 250 ordinance requires that the reconstruction of any demolished building result in the total elimination any nonconforming site d,evelopment standards. 3 . , III. TWO MAIN ISSUES WITH THE 250 ORDINANCE A. Demo/Rebuild Provision , . The most commonly heard comment by the Council and the PEC over the past six months has been that the ordinance is no longer in keeping with its "original intent". This raises the question of what was its "original intent", and how can the ordinance be amended to reflect this intent? It is widely agreed that the original intent of the ordinance was to allow owners of existing dwellings an opportunity to make small additions to their homes. While not stated in the ordinar.ce, the underlying purpose of the 250 Ordinance..was to allow home owners, particularly the local resident, an opportunity to make their homes a bit more livable. Arguments heard in 1985 were "don't hurt the little guy", "provide an incentive to keep lo.cal families in Vail -make it possible to build the additional bedroom or enlarge the kitchen". The 1985 version of this ordinance was successful in allowing for these types of additions. Demo/rebuilds have probably become an issue because it is not the type of development people had in mind when the ordinance was originally adopted. Nonetheless, it was generally agreed that the 1988 "ultimate remodel amendment" bears no relationship to the original intent of the 250 ordinance. With the demo/rebuild provision, the 250 ordinance has become a tool for speculative development, adding significant value to the redevelopment potential of property in Vail. Another inconsistency with the 1988 amendment is that the stated "trade-off" of non-conforming buildings being eliminated for an additional 250 square feet is irrelevant. Town regulations already require that nonconforming site development standards be eliminated in demo/rebuild situations. The Task Force's goal was to amend the 250 Ordinance by deleting the demo/rebuild provision. However, simply deleting this provision is not as easy an undertaking as it first appeared because it is directly related to the stated purpose of the ordinance and fundamental legal considerations. The justification for amending the 250 Ordinance in 1988 to allow additional square footage in demo/rebuild projects was the "ultimate remodel" - if the original purpose of the ordinance was to "provide an inducement for upgrading property", is it not appropriate that the ordinance be used as an inducement for the total reconstruction of new homes? 4 In response to this rationale, the Task Force discussed removing any reference to the "upgrading of property" from the purpose section of the ordinance. The theory being that if "upgrading property" is not a purpose of the ordinance, the rationale for the 1988 amendment is no longer valid. For example, one draft proposal cons:idered by the Task Force stated that the purpose of the ordiniance was to "provide an alternative to the variance process". However, modifying the purpose statement of the ordinance is nothing more than playing with semantics, and it does nothing to change the realities of the situation. The reality is that ultimately, there is no clear objective that can be made between square footage added by an addition to an existing structure and square foot:age added by a demo/rebuild scenario. 250 square fE,et is 250 square feet - regardless of how it is developed. I'urther, whether the additional square footage is an "upgi-ade" or not is a subjective judgement. Another alternative was to forget about modifying the purpose statement of the ordinance; 2ind simply state that the additional square footage is avai.lable for additions to existing residences only. However, t:his would conflict with a fundamental precept of zoning - thGtt there must be sounci rationale for treating similarly situated properties differently. The impact of 250 square feet of GRFA is the same from an addition as it is from a. demo/rebuild. There are no valid reasons to distinguish between .these two types of development. The only real distinction between an addition and a demo/rebuild is that square footage added by an addition i.s "in keeping with the original intent of this ordinance". However, from a practical standpoint, from a planning and zoning standpoint, and more importantly from a legal standpoint, this is not a sound basis for deleting the demo%rebuild provision. B. Variance Requests in Conjunction with 250 Proposals The issue of variances in conjunction with 250 requests dates back to some of the original debates over the merits of this ordinance. There was considerable discussion of the potential impact resulting from an additional 250 square feet of GRFA on every single family and duplex lot in Town. It was assumed that if this square footage could be added without the need of a site development variance (setback, height, site coverage, etc.), that the bulk.added to the site was probably acceptable. Likewi:se, there was concern that if a variance was needed to deve.lop the additional 250 " square feet, it was an indication that the site may not be 5 . capable of accommodating the additional square footage. However, again from a legal standpoint, it is not advisable to deny someone the riqht to ask for a site development variance. The issue of variances in conjunction with 250 requests is the same now as it was in 1985 - if a property needs a variance to accommodate additional GRFA, it is probably an indication that the site may not be able to handle the square footage. To work around the legal issue of prohibiting variance requests, a draft proposal submitted to the Task Force stated that if a project required a variance, then the application for the additional square footage was denied. The basis for this approach was that everyone has a right to request a variance, but not everyone has the right to the additional square footage. This was potentially a clever way to skirt around the issue of denying someone the right to request a variance. However, as with the demo/rebuild issue, semantics are simply not the right way to try and resolve this situation. It is simply unreasonable discrimination to deny someone the opportunity to request a variance. While the logic for . prohibiting variance requests in conjunction with 250 proposals is sound, there is a clear legal.basis for why this amendment alternative is not appropriate. A property owner should always be able to have the right to request a variance. IV. ALTERNATIVES FOR AMENDING THE 250 ORDINANCE There are basically two alternatives for dealing with the 250 ordinance, given the concerns raised by the PEC and Council: A. Leave the Existing Ordinance in Place From a fundamental standpoint, the 250 ordinance does what it is supposed to do - allow "maxed out" property additional square footage. However, if the ordinance is left in place, one would have to accept the fact that additional GRFA would be permitted in demo/rebuild projects and that site development variance.requests could be made in conjunction with 250 proposals. B. Abolish the Ordinance This can be accomplished very quickly, however, a- great deal of opposition from the public, particularly the development, community, can be expected. This ordinance has been in place for five years and property owners have grown accustomed to the square footage that is available through this ordinance. 6 L Y V. STAFF RECOMMENDATION It is recommended that the 250.ordinance ]be repealed for multi- family, duplex and single family developmi=_nt. This recommendation is supported by the Task Force and consultant, and is based on practical difficulties inhere»t in implementing the two major amendments that have been ident:ified by the Council and PEC. In addition, the following points p:rovide further basis for the staff support of this recommendation: A. The ordinance has no direct relationship to any public purpose or community developmeni: objectives. The square footage afforded by this ordinance does permi-t larger homes, but bigger does not necessarily equate to higher quality. B. Even if one accepts the notion i:hat a demo/rebuild property provides a community benefit, there is no evidence to suggest that the additional square footage permitted by this ordinance is respansible for such development. In all likelihood,, the vast majority o.f the property that was redeveloped in the past five years would have been redeveloped er remodeled . regardless of the 250 ordinance. C. The ordinance contradicts the ptirpose of bulk and mass controls (GRFA). If single family and duplex lots can in fact accommodate an additionzil 250 square feet of GRFA, and if tne Town is intent on allowing this square footage, then 250 square feet of.' GRFA should perhaps be added to the density section of the Single Family, Primary/ Secondary, Two-Family and Hillside Residential zone districts. D. While it is impossible to say wi.th any degree of certainty that thei•r are no simi.lar ordinances_in existence, no comparable ordinances could be found. In fact, when asked if they were fa.miliar with other type of ordinances, the reaction of t.he research librarians at the American Planning Associa.tion was one of bewilderment. Their question was why have square footage control if additional square footage is going to be permitted through the 250 ordinance? The staff believes a modified 250 ordinance is appropriate if used for the development of restricted employee housing units. One of the recommendations of the Affordable Housing Study is to permit caretaker units in single family and duplex zone districts: Additional GRFA should be offered as an incentive to develop these caretaker units. In this case, justification for additional square footage would be based on the public benefit provided by the affordable housing units. 7 . , . The affordable housing alternative is not addressed in this amendment. It is recommended that the existing 250 ordinance be repealed at this time and discussion of a new ordinance permitting additional sguare footage for affordable housing be initiated in the near future. c:\pec\tov\250ord.408 8 • L 1 . have agreed to provide a letter of credit pending the approval or denial of the USFS special use permit request. In addition, when staff examined the possibility of moving the driveway, it was found it could not be easily done considering the amount of mature vegetation found on the site. Ned Gwathmey, representing the applicant, stated that there was a newly-formed association which had been created to deal with simil.ir Forest Service issues. The applican[ has had to live with an unpaved driveway since the house was originally built in 1964. Although they wanted to pave the driveway, the Forest Service has not given them the approval, diie to the unresolved boundaries. Connie Knight moved to approve a paving variance from Section 18.52.080(E) in order to constrLict an additional dwelling unit on Lot 3, Block 7, Vail. Village First Filing/97 Rockledge Road as recommended by staff, condngent upon ;a letter of credit being posted. The granting of this variance would not be a grant of specia'.l privilege inconsistent with the limitations on other properties classified in the stime district. In addition, the strict, literttl interpretation or enforcement of the specified regulation would resuit in practical difficulty or unnecessary physical hazdship inconsistent with the objective:s of this title. T}le motion w:is seconded by Ludwig Kurz, with a unanimous 5-0 vote in favor of the ordinance. 2. A request for a setback variance, Forbes Residence 7'exas Townhouses 4I3 and 513, Lot 4B/5B, Vail Village Fourth Filin / 483 Gore Creek Drive. Applicant: Walter Forbes Ludwig Kurz moved ro table this item to the April 21, 1991 Pitinning and Environmental Commission meeting. Connie Knight seconded thr_• motion. The vote was 5-0 in favor. 3. A request to repeal Town of Vail Municipal Code Cha_pter 18.71 - Additiontil Gross Residential Floor Area, commonly referred to as the "250 Ordinance." Applicant: Town of Vail Kristan Pritz introduced Tom Braun, consultant to the Community Development Department regarding zoning code changes. Tom began by recapping where the 250 Ordinance came frorn, and the history of why this issue was before the Commission at this time. One year zigo., the Town Council requested a complete zoning code revision. They set as their highest priorities revisicm of the Special Development District procedures, Gross Residential Floor Area revisions, pay in lieu parking and the 250 Ordinance. During the preliminary meeting on the 250 Ordinance, repealing the ordinance was cliscussed. Different options were discussed, and it became apparent that there were two major areas which created problems with the Ordinance. The first was the demo/ rebuild amendment :tr?d 7 p,ppROVED MINUTES, PEC, April 8, 1991 the second was variance requests associated with the use of the 250. Since January, the Zoning Code Task Force had been working on trying to resolve these two issues and still maintain the ordinance. Through this process, the Task I=orce deterniinecl there were two major problems with the ordinance which could not be resolved, hence, the recommendations to repeal the ordinance. The demo/rebuild amendment was put into the 250 ordinance in 1988. The justification for this amendment was that the stated objective of the ordinance was to "provide an inducement to upgrade existing units." Demo/rebuilds were cited as being the "ultimate upgrade." The problem with this amendment is the percepaon that it is not in keeping with the original intent of the ordinance to upgrade existing buildings. Tom stated the underlying purpose for the ordinance was to allow forsmall additions to "maxed out" residences without going through the variance process. Prior to the 250 ordinance, variance requests were the only method homeowners had to add to existing buildings which had reached their maximum GRFA. Because the variance procedures require a finding of some physical hardship, most of these variance applications were denied. Tom stated that a principle of land use and zoning is to have controls over the size and masti of buildings. The 250 Ordinance contradicts this principle. The second issue with the 250 Ordinance are variance requests in conjunction with 250 proposals. The issue is that if a variance is necessary for a 250 to be approved, the lot may not be able to accommodate the additional square footage. The Task Force felt that it would be unreusonable discrimination to deny a homeowner the opportunity to request a variance in conjunction with a 250 request. In addition, because of the legal issues which were raised in conjunction with the creation of the demo/ rebuild amendment to the ordinance, that section could not easily be deleted, either. For these reasons, the Task Force found they had two options: - 1. To leave the ordinance intact and accept the demo/rebuild provision and variance issue as they stood, or 2. Repeal the entire ordinance. After much deliberation, the second option became the recommendation of the Task Force. Tom addressed the other fundamental issucs with regard to the 250 ordinance. The fint was that there was no direct public benefit from this ordinance. It only served to make larger homes, and larger was not necessarily better. The second issue was that even without this ordinance, improvements could still occur to existing homes. Third, the 250 ordinance contradicts GRFA policy. If there is a desire to allow 250 extra square feet for a home, it should be built into the density control secrion of each zone district. Lastly, when the 250 was researched with other areas, no comparable.ordinance could be found. 8 Tom stated that the affordable housing issue with relation to the 250 ordinance was not addressed at this time. The reason for this is that the direction the Housing Authority wishecl to take on affordable housing had not yet been determined. Staff felt that a 250-type ordinance could be used as an incentive for the constructiai of affordable housing units in private housing. • Larry Eskwith addressed the Commission by stating he saw, a need to make the legisl.ltion valid with relarion to public welfare. The problems in the ordinance arose with the demo/rebuild amendment. There was a perception that this did not relate to the original purpose oi the ordinance. However, in order to delete the ciemo/rebuild provision, the re:ison why the ordinance exists would have to be redefined. The first member of the public who wished to speak was George Lamb, a member of the Town of Vail Design Review Board. He stated he believeel the 250 ordinance is a positive feature of the zoning code, in that it helped address problems in older homes. It helped eliminate deficiencies in these homes (i.e., adding or improwing bedrooms, bathrooms or kitchen). In addition, the 250 was not automatic; the DRB had the authority to review the; applications for their individual design merits and impacts on the surrounding areas. .f a deficiency existed on the site, such as landscaping or other.problem the Town identified, it cbuld be conected in conjunction with the 250 application and approval. Mr. Lamb saw this as direct benefit to the Town and the neighborhoods. Mr. Lamb stated that any repeal of the ordinance resulted from a misunderstanding of the intent of the ordinance and an abuse of its use. I-Ie recommended that either the GRPA be changed in the zone districts to allow for an additional 250 sq. ft., or to redefine what an "existing home" is to eliminate the demo/rebuild provision. He also asked the Commission to consider phasing out the ordinance over time. A phase-out would serve to prevent a new home from being designed with a future 250 sq. ft. addition in mind. He concluded his statements by asking the Commission to think about a way to eliminate the visual massing problem on some of the larger homes by eliminating the demo/rebuild provision. Mike Shannon was the next speaker. I-Ie said he had never seen so much angst over an issue in the Town. Though he saw the current system as being too complicated and unjust, he also did not feel it was logical to elimintite the entire ordinance in order to fix the problematic sections. Mike stated that the reality of ownership in the Vail Valley is that ownership of a home has a very high value. If owners cannot economically add to their homes, it will force many long- time residents to sell and move down valley. He indicated t}iat Aspen had done the same :in the past and it became a bad example of planning, although the intended purpose was good. If the 250 ordinance was abolished, it would be impossible 1~or most local homeowners to make necessary renovations or improvements to existing hornes without having $500,000 ro spend on a demo/ rebuild. 9 One of the problems 1Vlike perceived was the Prim ary/S econdary Zone District. In these districts, two houses were built on lots originally designed for only one. Mike thought this was a contributing factor to the stated problem of too much mass and bulk of buildings in the Town. In addition, on the issue of employee housing, Mike said that they would not be provided unless the space for them was additive, not deleted, from a lot's GRI=A. He suggested that the GRFA for an employee unit be additive to a lot's GRFA, with a cap for large houses to prevent too much added bulk on an already large project. He also stated tliat 250 sq. ft. for an employee unit was, not nearly enough. There would be too much loss of investment without nearly enough in return. He suggested some type of restriction in the deed to an affordable unit, but not one which would make the construction of such a unit ultra- . expensive. Mr. Shannon felt that to repeal is to lose sight of the problem. With the solution they proposed, local homeowners would need to have significant funds to add or remodel, or be forced to leave the Valley. Those residents who live in Vail on a year-round basis often need to remodel in order to make the more affordable, but often older and/or smaller, houses liveable for growing families. If remodeling is made more restrictive and prohibitive, an auction environment would result, with second home owners able to afford renovations and locals forced to sell and move down valley where their money could purchase more space. It would also result in the richest few in the valley being able to maximize design considerations of a house through demo/rebuild, and the rest shut out of the process. The problem, as IViike saw it, is that there are too many exemptions. The ordinance itself is not flawed. Diana Donovan clarified to Mr. Shannon that the 250 sq. ft. to be applied to an affordable housing unit would be a credit, but the rest of the GRFA would be deducted from the lot's GRFA. Kristan Pritz further indicated that, when the Town Council first reviewed the affordable housing reports, they envisioned a 500 sq. ft. credit to be-used in additaon to allowable GRFA. The Zoning Code Task Force was waiting to see the ultimate resolution of the 250 ordinance before they worked on an ordinance for employee housing. Mike Shannon answered that if 500 sq. ft. were allowable (like on a Two Family zoned home), those 500 sq. ft. should be allowed at any time, not just after the homes had reachecl their full allotment of GRFA. Kristan asked if 500 sq. ft. was adequafe for employee . housing. 1VTike agreed. Ron Byrne rose to speak next. He said that the fact that people liked the 250 ordinance so much, and that there was definitely a need for it in older dwellings, he felt it should not be abolished. He was concerned that if there was no economic incentive in terms of GRFA, there would be no form of improvement in older buildings. The original intent of the ordinance was to decide if the improvements were necessary on a site-by-site basis, and that 10 - the Town would ultimately gain from the improvements to the site in terms of landscaping and other non-conforming aspects. Ron indicated the size of the additions were proportionate, 'being mostly made up of bedroom%bath additions. He believed the staff could legislate on a case-by-case basis. He: also did not see a problem with the amount of variance reqiaests, as they allowed the appropriate entities to say no if the site could not support the additional space. Mr. Byrne emphatically stated that a vehicle was necessary to improve older structures, arid he believed the staff and Town Council were over-reacting to specific houses and not the entirety of the ordinance. There is a benefit to the commur.iity in that the ordinance protects the family environment of the Town. Speaking as an author of the original ordinance, Rod Slifer stated that the ordinance has worked over the years and is a beneficial ordinance. It has h`lped reduce the outf7ow of residents moving to obtain more for their money. . If the orclinance was repealed, Vail would become a community of second home owners. The necessary mix in the community would be lost. Mr. Slifer recommended the Commission wait to hear from the Housing Authority on future use of the ordinance for affordable housing. Regarding the origination of the ordinance, Mr. Slifer indicttted that the 250 sq. ft. was not a "magic" number, but the amount which, through public hearings, seemed to be about the amount of a bedroom/bath. He recommended, if the Commission wanted to change the ordinance, they should increase the GRFA slightly and have a simple review by the DRB. Also speaking as one of the original authors of the ordinance, Bob Ruder spoke to the evolLition of the Valley, and the fact that most of the buildings grew from differing rules. Due to this, there are quite a few existing, non-conforming sites. These sites should not be; penalized and, in fact, the Town can gai.,: ibenefit from bringing some of the site-,more in conformance through the use of the 250 provisions. Mr. Ruder also stated that the Town shoiild be encouraging existing families to remain anci improve their properties. However, if the Town made it economically unfeasible to improve, it would be guilty of over-legislating. There are always problems with a rule, but overall, this ordinance is good. The additions improve the look of the T'own. The ordinance works. Larry Agneberg, President of the Vail Board of Realtors, aslced staff how many 250 ordin<<nce requests had come through the Community Development De:partment. Kristan Pritz replieci that a lot had. Larry questioned Kristan what percentage had been approved, in order to determine what the benefit was versus the abuses of the ord:inance. Kristan said that determining the abuses was a subjective number, but that most of the problems had come through the demo/rebuilds. Larry further questioned if this was, overall, a good ordinance. 11 , Kristan stated that people did seem to enjoy it, but wondered how many people would have gone ahead and remodeled without the ordinance being in effect. Larry responded that although there are problems with the current ordinance, people do enjoy it, and they should be able to upgrade with the cunent inducements. He recommended that the ordinance either be left in place, or that 250 sq. ft. should be added across the board to all the zone districts. Frank McKibbon stated his belief that if the real estate community were to be,polled, they would say the ordinance works. As one drives around the Vail Valley, the areas not originally developed as a part of the Town are noticeably not built to the same standards. To illustrate this, he gave the example of the lack of garages in Matterhorn. Because of this, many decks are used for storage of items usually placed in garages. Mr. McKibbon thought the.only inducement to improve these units is the 250 ordinance. Mr. 1VIcKibbon believed it would be a crime to lose residents from the Town becaiise of their inability to economically renovate their houses to meet their changing needs. He stated that, although the ordinance does have problems, it still works overall. He felt that the few houses which had abused the ordinance were being focused upon, instead of concentrating on why those abuses had taken place. Since other communities are not usually as restrictive as Vail in their planning ttnd zoning, the 250 ordinance was created for flexibility. He concluded his statements by referring to the Town of Vail 1990-91 slogan, "If it ain't broke, fix it" by stating the 250's slogan should be "If it ain't broke, don't break it!" Sue Dugan rose to say she agreed with all that had been said previously, and that she believed the Town should consider the 250 like an IRS regulation - that if it were changed, someone would still find a loophole. What has to be done instead of eliminating the entire ordinance is simply change it to close the loophole which had been found. Ned Gwathmey, Chairman of the Design Review Board, spoke as the "owner of the ugliest house in Vail." He stated that the intent of the ordinance was to enable homeowners to build an addition to an existing house, as well as provide a vehicle to the Town to improve the appearance of non-conforming lots. He recommended the modification of the current ordinance to eliminate the demo/ rebuild provision through redefining whttt are "new" and "existing" houses. Ned also thought it seemed intelligent to tie the 250 into incentives for building employee units. He saw the 250 ordinance as a tool which had improved housing, and did not view it as having increased the bulk and density of a house to an unbearable level. A former PEC member, Sid Schultz, spoke to the Commission by indicating his belief the 250 ordinance was the best thing the commission ever recommended to the Town Council. Prior to it's incepdon, every PEC agenda had an application for a GRFA variance. 12 Unfortunately, most had to be denied since there was no hardship found to grant a criteria. Since it's passage, he has seen the ordinance as an improvement to the properties and the Town. Will Miller, Manager of the Montaneros Concirminiums saii3 that the 250 ordinance had made existing units at the Montaneros more attracty-{ renters by allowing changes to some of the top floor loft units without any exterior changpc:: rhe builcling. He felt that the ordinance had been used well to make not only his projecc, but the encire Town, more attractive. Architect Gordon Pierce related that he had looked for another way to handle GRFA, but chat overall, the 250 ordinance was simple to use. He also saw the 250 ordinance as a positive statement to other communities in that it was gaod for us to show what we can do, even within the boundaries of a strict zoning code. The loopholes of the ordinance should.be closed, but the ordinance itself should be kept as a positive statement to residents and buyers. Mr. Pieree has found that clients from all over the world think the ordinance is wondecful. Jim Shearer asked Kristan Pritz approximately how many 2_50 applications are received eac.h year. Kristan replied that staff had not broken them out, but she would say approximately 40. Jim followed up by asking what percentage of those were gi•anted, to which Kristan said almost all. Kristan explained the history of the examination of the 250 ordinance by staff and the Zoning Code Task Force. She said there was a great deal of negative feelings a year ago when the Council directed staff to examine the zoning code. Staff haci examined the ordin:ince to determine how it would be possible to legislate out the negatives. What staff was asking for through this meeting was a recommendation from the Commiission to Council for their Apr•il 16, 1991 meering. She stated that perhaps the Council had gotten the wrong impression when they originally reviewed the 250. As a result, if the Commission was willing to say they will live with the inconsistencies in the ordinance, the Council may decide to keep the ordinance as it stands. Jim Shearer, after polling the audience to see if any present would like to see the ordin:ince; phased out, and receiving a response that the ordinance is automatically phased out because the square footage is only provided once, stated that if it were possible to legislatively trim the abuses of the ordinance, he would like to see it kept. Kristan responded that people can always ask for a variance from the applicable GRF: "I requirement, but that there were some inherent problems they found in the ordinance which they could find no way around. Re, major problem was that the demo/rebuild was classified as an "ultimate remodel" and thar, logically, they could find no way around this; no way to distinguish between an addition using the 250 square feet and a demo/rebuild project using the 250 square feet. Connie Knight expressed her opinion that this problerr, origintated 6ecause the ordinance had been abused and used for resales, but that the original premise behind the ordinance was fabulous. However, when it was used to tear down an alread.y large house and make it larger, 13 it did not serve to make Vail any better. She would be in favor of maintaining the ordinance without the demo/ rebuild provision. Ludwig Kurz asked Diana Donovan if the recommendation of the Task Force was really the best answer to the perceived problems. Diana explained the position of the Task Force that there had been a very strong consensus that repeal of the ordinance was the only solution. Originally, there were very strong proponents of keeping the ordinance. Finally, all the members agreed that the ordinance should be repealed. In addition, the Task Force viewed the use of the 250 for the provision of employee housing to be a separate issue, and not connected to the current action. Diana continued that many different options had been considered, but it was decided none of them would be a complete solution. The opinion. from the Task Force was that people would still be allowed to apply for a variance in true hardship circumstances. . Ludwig stated that he was not satisfied that the two issues were not enough to repeal a wel( functioning vehicle for renovation. In the interests of the Town, he believed it was too early ' to repeal the ordinance. Gena Whitten stated that the 250 ordinance was a response to the need of residents to have larger homes. However, she did see it as unwieldy to enforce with the differing recIuirements. As an alternarive, increasing the GRFA to adjust to the changed lifestyles of residences was a positive option in her opinion. She suggested increasing the GRFA 5-7% to relieve the pressure valve. Diana Donovan explained that the main problem with the 250 was that the original intent w.is not for upgrading buildings, but to accommodate small houses so that the owners could stay in the valley. However, there needed to be an official statement of intent, Znd that wtis stated, for legal reasons, as providing a mechanism for upgrading existing residences. In fact, many of the people originally involved in the creation of the ordinance were surprised to see upgrading as its purpose. She said one problem with increasing the GRFA across the board was that the Town would be losing the benefit of being able to upgrade existing non-conforming lots. In effect, the current ordinance serves as an across the board increase in GRFA now. This increase helped older units in the Town.. However, by using the 250 with the new system of calculating GRFA, the mass and bulk of a building can be increased, beyond that which may be visually desirable. If people believe there need to be an incentive given for improvements to be made to a house, Diana asked what happened to a person's pride? What would happen 10 years down the road, after the 250 had already been used, when the property again needed renovations? There is no ending point to this if people do not have enough pride to renovate their own houses. 14 Diana countered the opinions expressed by the audience by saying that 250 sq. ft. was probably not enough to keep anyone from moving down valley. The economic incentives were too great if their main objective was to have more spac;e. There are other reasons people chose to live in Vail. • In the long run, Diana said, the 250 ordinance probably hurts our community in that once it has been used, there is no future flexibility. It is used as asales strategy by many renl estate professionals. There is no legal way to change the intent to state that the 250 should only be used for unforseen difficulties. If the intent is not changed, the demo/rebuild provision cannot be deleted. Gary Bossow commented that the homeowners have already voted on this ordinance by the: amount of those who have taken advantage of its availability. Frank McKibbon indicated that the phenomena of demo/rebuild to increase property value will eventually be eliminated, as there are few houses whose owners would be willing and/or ' able to do this. He felt that the areas which had been prone to this type of renovntion will soon be saturated. The majority of the community has used the ordinance for good purposes. Larry Agneberg commented that when mass is seen to be a problem, the neighbors have spoken up. Connie Knight replied that the problem is that homeowners have not spoken up at an appropriate time, or if the building is not in their "back yard." Tom Braun elaborated that the Task Force's charge was to resolve perceived problems in the ordinance, but they found no way to make a distinction between existing units and demo/rebuilds. Jim Strain asked why a demo/rebuild could not be legally defined, and thus eliminate the problem? Tom Braun stated that there was no difiference in square footage created by an addition and square footage created by a demo/rebuild. Mr. Str:iin reiterated that a demo/rebuild was constructing a new house, not renovating an existing structure, and that should be enough to eliminate that use. Kristan Pritz stated that the ordinance was amended to allow an ex-i-sting, 5 year ald structure to be demolished and then rebuild because the intent of the ordinance was to upgrade, and what is the difference between adding to an existing home and completely remodeling? Jim Strain replied that the amendment is what is in trouble, and that portion alone should be repealed. He did not think the benefits of the rest of the ordinance should be taken away. Mr. McKibbon suggested using a definition that if a certain percentage of a structure were demolished, then it would be a new house. Tom Braun repeated the problem with deleting . the demo/ rebuild provision was that there is no distinction between a"pure" addition and a demo/rebuild. Diana Donovan continued that the nroblem was contained in the legal preamble which stated the purpose of the ordinanee was to "upgrade for the public good." 15 Gary Bossow asked Kristan how many demo/rebuilds had been performed. Kristan estimated that there were approximately 20, and stated that regardless, the number was a minor amount of the total. The staff had not done an official tally as no one was disputing that the ordinance was popular. Diana Donovan indicated that although it was a minor number at tfiis time, and questioned how far it could go before all the buildings became too big for their sites. George Lamb stated that all the approvals which had been given were appropriate and that he felt the "ultimate remodel" use of the ordinance was also appropriate. He asked, however, if a building were demolished, would it be able to retain its wood burning fireplace? Kristan answered that no, it would be a new house in that connotation. George then asked w}iy that principle could not be used for the demo/rebuild issue? He requested the DRB be given more . "teeth" to approve or deny the requests. GRFA is not an adequate control of mass of a . house, and he would like to see the DRB given the ability to refuse a proposal because it was simply too large. Rod Slifer reiterated that if the issue was the mass of a building, he did not think that 250 sq. ft. is a problem. If the Commission were concerned about mass, controls on mass should be devised through setback, height, volume, overhang, site coverage and courtyard size, among others. Gordon Pierce further illustrated the problem by stating he had recently done three models with the same height, site coverage and other zoning restrictions. The three models ranged in size from 1,800 sq. ft. up to 3,600 sq. ft. This illustration was made to show that zoning considerations do not hinder square footage abilities. Ken Wilson declared that he was amazed and disappointed that the discussion was to repeal the ordinance without knowing how many times the demo/rebuild provision had been used. He also stated that this was not a real estate issue, but one of families and keeping them from being forced to move down valley. Without the 250 ordinance, many families would be forced to either eliminate one spouse and the kids, or move, He asked the Commission not to make it more difficult than it already is to live in Vail. Kristan responded to Ken's question about the numbers by stating that the reason the numbers had not been calculated was that the staff was not disputing that the ordinance was popular, and that the demo/rebuilds were clearIy a minor amount of the totaI. Ken asked why, then, the recommendation was for repeal when it was a perception problem not an actual problem in the ordinance? He was amazed that the Council directed the ordinance be repealed wlien it was so popular. Tom Braun clarified that the Council simply directed staff to resolve two issues, not repeal the ordinance. Ken replied that he would like to see the dialogue kept open, and work continue on how to maintain the ordinance. Diana Donovan clarified to the audience that the 1988 amendment was made because of legal problems, and that if someone could persuade her that 250 sq. ft. would keep a family from moving, she may change her mind on repealing the ordinance. Frank.lVlcKibbon replied that 250 sq. ft. were easier to build than to buy new property. 16 Connie Knight asked Kristan if the ordinance could be mairrtained without the demo/rebuild amendment. Kristan indicated that it is the opinion of the staff and Task Force that no, it could riot. She added that if the PEC was willing to state to Council they were willing to :live with the inconsistency, the Council may take note. Connie ICnight asked if the demo/ rebuild provision could be legally eliminated from the ordinance. Tom Braun replied he was not sure it could be done without a legal challenge. Kristan elaborate:d that there would be a weakness in the ordinance, but the benefits gained may outweigh that weakness. Ken Wilson suggested that language be placed in the ordinarice that if a certain percentage of the house were demolished, then it would no longer qualify as an existing home for another 5 years, and further suggested the percentage be 50%. Jim Shearer commented that he felt the purpose of the ordinance was ro upgrade an existing structure. He would like to see the ordinance modified in order to allow the worst houses to remodel, but could not see a mechanism to do that. He wanted to, protect more of the smallcr homes rather than the larger, and felt that the controlling facitor in a remodel be the 5 year provision. Jim said that if a homeowner could use the new (3RFA calculations to find additional square footage for a remodel, they should be encouraged to do so. He would also like to see the direction the Housing fluthority decides to tak:e before acting on the curreiii 250 ordinance. He would not like to see the provision of eniployee housing be taken out c`" ' GRFA, but rather added to it. If the ordinance is kept and aimended, he would like to see a stronger definition of "improve" and "upgrade." If a varianci-, were to be granted in connection with a 250 request, Jim proposed that the criteria for that variance be only the effect on the site, structure and neighborhood, with an addition to bulk and/or mass of the building to be weighed negatively. His statements concluded, Jim Shearer moved to modify the existing 250 ordinance based on the findings of the Task Force, with the intent to minimize albuses of the system. The S year requirement for renovation would be used on all 250 request:>, be they reconstruction or additions. Employee/affordable housing will be figured as a se.parate issue. Any variances given in conjunction with a 250 request will be justified by the bene€its to fhe community, site, structure and neighborhood, with an addition to bulk anci/or mass weighing negatively against a variance, but not necessarily ruling out the variance. These factors would be weighed on a one-to-one basis for each application. In addition, if et7ough of the building is demolished to require the building to be brought up to code under the Uniform Code of Building (i.e., 50% of the building); then the structure would be classified as a new house, and would not qualify for a 250 sq. ft. adciition for another 5 years. Ludwig Kurz seconded the motion. Diana Donovan asked for a clarification that the motion was recommendin; that the ordinance be returned to the Task Force to tidy up. Kristan replied that: this ordinance would go to Council regardless of Jim's motion. Jim indicated his intent was for the ordinance to proceed to Council to have them return it to the Task Force. He would like a statement from Counr_il to the Task Force to tighten up the ordinance. 17 Jim amended the previous motion to add the following language to the beginning: He moved that the ordinance be sent to the Town Council with a recommendation of denial of the staff recommendations in order for the ordinance to return to the Zoning Code Task Force to clarify the issues stated above. Ludwig KurL amended his secorid to include the additional wording. Jim stated his intent was that the good work which had been done on GRFA controls not be negated, and he wanted the 250 ordinance tightened up to help those people for which it was designed. He thought that the Town should encourage improvements, and make the process as simple as possible for the "little guy:" Diana Donovan wished to go on record with the reason she would be voting against the motion with the statement that she thought the Town needed to start fresh with a new ordinance, not just doctor up the existing regulations. She also wanted to see if the Town Council would give clear direction to the Task Force and PEC that they would stand behind the Town in a potential lawsuit if the demo/rebuild provision were eliminated. Larry Agneberg asked if Diana thought the ordinance should be repealed and a new ordinance be developed. Diana replied yes, if the Council would back a hard line approach. Larry stated that he would like to see the repeal delayed until a new ordinance was ready. Jim stated that if he had to vote on the ordinance now, he would leave it as is, but work toward modifying it based on the history of problems. After fine-tuning of the specific wording, as finalized above, and with Jim and Ludwig's consent, the recommendation was voted upon. The vote was 4-1, with Diana Donovnn in opposition. The meeting was briefly recessed, and was called back into order at 5:10. At that time, the following two agenda items were taken out of order in the interests of time and public comment. 5• A request for a setback variance Pitto Residence Lot 3 Block 1 Vail Village Eleventh Filing/2920 Booth Creek Drive Anplicant: J. Russell Pitto Mike Mollica presented the staff inemo and recommendations for this variance. The request was for a 10'-6" side setback variance which had previously been approved, but hnd subsequently lapsed. T'he zoning for the property is Two Family Residential (duplex), and Mike briefly reviewed the zoning considerations. There was no concern for GRFA with this request, but the site coverage would be at its maximum 20% if the variance were to be approved and the addition constructed. 18 Exhibie E Approved Mlinutes, Town Council April 16, 1991 Item No. 5 on the agenda was Ordinance No. 9, Series of 19191, first reading, an ordinance repealing Chapter 18.71 Additional Gross Residential Floor A.rea of the Town of Vail Municipal Code and setting forth details in regard thereto. Mayor Rose read the title in full. Kristan Pritz presented the staff and zoning code task force recommendation to repeal the 250 Ordinance at the April 8 PEC meeting. The PEC.voted 4-1 to deny the ordinance to repeal the 250 Ordinance, with the recommendation to Council that the 250 Ordinance be retained in a_ modified form. Explanation of the Planning Commission action followed. The staff response to the PEC recommendations centered around the purpose of the ordinance, demos and rebuilds, variances, and site improvements. Individuals from the audience commenting on behalf of maintaining the 250 Ordinance were as follows: Jim Morter, Bob Ruder, John Tuschmann, Chris Neuswanger, Hermann Staufer, Chuck Christ, Frank McKibben, who read a letter fYvm Ben and Celine Krueger, and entered into the recc>rd, Howard Rapson, and Larry Agneberg, representing the Board of Realtors. Following connments from the public, the Town Council made comments. At this point, Rob LeVine moved to deny Ordinance No. 9, Ser.ie> of 1991, with a second coming from Kent Rose. A vote was taken and the motion passed 4- 2, with Merv Lapin and Tom Steinberg voting against this motion. . ' ~ Exhibit F MEMORANDUM TO: Planning and Environmental Commission/Town Council FROM: Community Development Department DATE: December 19, 1994 SUBJECT: 250 Ordinance Research The following information documents all "250 square foot addition" approvals granted by the Town of Vail during the years 1985 through November 1994. Detail with regard to each are as follows: 1985 1. Date: May 15, 1985 Owner: Cook Legal Description: Lot 2, Block 6, Vail Village 7th Filing. Address: 1012 Eagles Nest Circle, Golf Course area. fVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Construct a caretaker's apartment, did not entail demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 2. Date: iVovember 6, 1985 Owner: Sheppard - Legal Description: Lot 4, Block 1, Vail Village 6th FJGng. Address: 596 VVest Forest Road, Main Vail area. IVumber of 250's: Twro 250's approved. Total square feet of 250 used: 500 square feet. Use: Expansion to existing residence, no demo/rebuild involved. Upgrades: Exterior site improvements included landscaping and drainage work. Interior or Exterior: Exterior 250. 1986 1. Date: January 15, 1986 Owner: Williams Legal Description: Lot 7, Block 1, Vail Village 1 st Filing. Address: 302 Mill Creek Circle, M<ain Vail area. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Add to the kitchen and liwing room, did not entail demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 2. Date: April 16, 1986 Owner: Shapiro Legal Description: Lot 1, Vail Valley. 2nd Filiing Address: 1548 Springhill Lane, Golf Course area. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Create an additional bedroom, demo/rebuild not involved. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 3. Date: August 20, 1986 Owner: Cadmus Legal Description: Lot 17, a resubdivision of Tract E, Vail Village 11th Filing. Address: 2860 Aspen Lane, Main 'Vail area. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. - Use: Create a guest room, deimo/rebuild not applicqble. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 4. Date: September 3, 1986 Owner: Boyle Legal Description: Lot 20-D, Bighorn Terrace. Address: 4277 Columbine. Drive, E:ast Vail area. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Add a third floor/bedroom area. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 2 5. Date: September 22, 1986 Owner: Svanoe Legal Description: Lot 1, Vai! Valley 2nd Filing. Address: 1548 Springhill Lane, Golf Course area. fVumber of 250's: One 250 approved. Total square feet of 250 used: 217, square feet. Use: Remodel dining room and bedroom, demo/rebuild not applicable. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 1987 . 1. Owner: Abe Shapiro Legal Description: Lot 1, Vail Valley 2nd Filing. Address: 1548 Springhiil Lane, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 217 square feet used. Use: Addition of bedroom and closet on the third tevet of the east half of an existing duplex. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 2. Owner: Alverde Legal Description: Lot 14, Vail Village 11th Filing. Address: 2820 Aspen Court, East Vail. Number of 250's: One 250 approved. ~ Total square feet of 250 used: 250 square feet used. Use: Addition of bedroom and bathroom and relocation of existing laundry facilities. Upgrades: No upgrades required. ~ Interior or Exterior: Exterior 250. 3. Owner. Cook Legal Description: Vail Golfcourse Townhomes, Bldg. J, Unit 31, Phase Ilt. Address: 1645 Golf Terrace, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 249.5 square feet used. Use: Addition of bedroom and bathroom to lowest level of building. Upgrades: No upgrades required. Interior or Exterior: Interior 250. However, one window was added to the exterior of the building to add light into the area of the 250. 3 4. Owner: Pawnall Legal Description: Parcel C, a resubdivisioni of Lots 14 and 17, Block 7, Vail Village 1 st Filing. . Address: 267 Rockledge Road, Miiin Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet used. Use: Substantial remodel to e;cisting building. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 5. Owner: Murphy Legal Gescription: Lot 1, Block 8, Vail Villagie 7th Filing. Address: 1200 Ptarmigan Road. Number of 250's: One 250 approved. Total square feet of 250 used: 49 square feet. Use: Addition to dining room. Upgrades: No upgrade~ -required. Interior or Exterior: Exterior 250. 1988 1. Owner: Loper Legal Description: Lot H, Vail Village 2nd Filing, Villa Cortina, Unit 360. Address: 22 West Meadow Drive. Number of 250's: One 250 approved. Total square feet ' of. 250 used: 250 square feet used. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. - 2. Owner: Hurtt ~ Legal Description: Lot 9, Vail Village 2nd Filing. Address: 272 West Meadow Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 150 square feet used. Use: Dining room addition. Upgrades: Additional landscaping required. Interior or Exterior: Exterior 250. 4 3. Owner: Hansen Legal Description: Lot 12, Block 2, Vail Village 13th Filing. Address: 2605 Bald Mountain Road. Number of 250's: One 250 approved. Totaf square feet of 250 used: 194 square feet used. Use: Conversion of covered patio area into solarium. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 4. Owner: V1lilliams Legal Description: Lot 7, Block 1, Vail Village 1 st Filing. Address: 302 Mill Creek Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet used. Use: Enclose two exterior decks. Upgrades: iVo upgrades required. Interior or Exterior: Exterior 250. 1989 1. Owner: King Legal Description: Lot 9, Vail Village 2nd Filing. Address: 272 West Meadow Drive. IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Bedroom addition, guest bathroom and enlargement of dining room. Upgrades: No upgrades required: Interior or Exterior: Exterior 250. - 2. Owner: E.B. Chester + Legal Description: Lot 19, Block 1, Vail Village 1 st Filing. Address: 359 Mill Creek Circle. Number of 250's: Two 250's approved. Total square feet of 250. used: 500 square feet. Use: Demo/rebuild incorporated into Unit B. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 5 3. Owner: Affeldt Legal Description: Lot 4, Bighorn 3rd Addition. Address: 4595 Bighorn Road, #3. Number of 250's: One 250 approved. Total square feet of 250 used: 100 square feet. Use: Deck enclosure. Upgrades: No upgrades required. Interior or Exterior: • Exterior 250. 4. Owner: Lapin Legal Description: Lot 7, Vail Village 2nd Filing. Address: 232-B West Meadow Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 248 square feet. Use: Enlarged the dining room, addition of master bedroom and master bath. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 5. Owner: Lichfield Legal Description: LoE 8, Block 2, Vail Village 2nd Filing. Address: 374 Beaver Dam Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild for single family residence with caretaker unit (250 incorporated inlro the units). Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 6. Owner: Byron/Rose Legal Description: Lot 1, Block 1, Vail Village 11th Filing. Address: 2880 Booth Creek Drive. Number of 250's: Two 250's approved. Total square feet of 250 used: 490 square feet. Use: Demo/rebuild with use inicorporated into new duplex. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 7. Owner: Velasquez Legal Description: Lot 4, Block 1, Vail Potairo Patch. Address: 802 Potato Patch Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Excavate crawl space for play room. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 6 . ' 8. Owner: Hooversteen Legal Description: Lot 1, Block 1, Vail Valley 1 st Filing. Address: 1183 Cabin Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 158 square feet. Use: Remodel bedrooms and large guest suite. Upgrades: No upgrades required. lnterior or Exterior: Exterior. 250. 9. Owner: Maitland Legal Description: Lot 18, Block 6, Vail Village West 2nc! Fiting. Address: 1815 Gore Creek Drive. Number of 250's: One 250 approved. ' Total square feet of 250 used: 238 square feet. Use: Upper level addition. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 10. Owner: Gurry Legal Description: Lots 33 and 37, Vail Village West 1 st Filing. Address: 1765 Alpine Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Dug out and finished crawl space. Upgrades: Black topping driveway, installing landscaping, and undergrounding electric utility. tnterior or Exterior: Interior 250. • 11. Owner: Nugent - Legal Description: Lot 6, Biock 2, Vail Potato Patch. Address: 770 Potato Patch, #6. + IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Airlock. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. . 12. Owner: Levy Legal Description: Vail Golf Course Townhomes, Unit 35. Address: No street address provided. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Convert storage area to bedroom. Upgrades: iVo upgrades required. Interior or Exterior: Interior 250. 7 1990 1. Owner: Wartheim Legal Description: Lot 11, Block 2, Potato F'atch. Address: 774 Potato Patch. Number of 250's: One 250 approved. ` Total square feet of 250 used: 250 square feet. Use: Expansion of studio. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 2. Owner: New View Partnership Legal Description: Lot 3, Block 1, Vail Villacle 6th Filing. Address: 586 Forest Road. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Demo/rebuild. Upgrades: The entire project was aii upgrade. Interior or Exterior: Exterior 250. 3. Owner: Stevinson Legal Description: Lot 4, Block 3, Vail Valley 1 st Filing. Address: 1337 Vail Valley Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 244 square feet. Use: Dining and entry additioni. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 4. Owner: Bliotti _ Legat Description: ~ Address: Marriott Mark Resort. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 5. Owner: Perot Lega1 Description: Lot 31, Block 7, Vail Villaige 1 st Filing. Address: 64 Beaver Dam Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild. Upgrades: No upgrades required. . Interior or Exterior: Exterior 250. 8 6. Owner: Nilson Legal Description: Lot 20, Bighorn Terrace. Address: 4244 Columbine Drive. Number of 250's: A portion of one 250 was approved. Total square feet of 250 used: 60 square feet. Use: A storage area and dining area were added to the unit. Upgrades: The owner was asked to add landscaping and underground electric service and utilities if the cost was less than $400.00. Interior or Exterior: Exterior 250. 7. Owner: Letven • Legal Description: Lot 2, Vail Valley 3rd Filing. Address: 1801-B Sunburst Drive. IVumber of 250's: A portion of one 250 was used. Total square feet of 250 used: 235 square feet. Use: Expansion of living room, dining room, master bedroom, and addition of an airlock. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 8. Owner: Dorn Legal Description: Lot 3, Block 1, Vail Valley 3rd Filing. - Address: 396 Forest Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. - 9. Owner: Rader ' Legal Description: Lot 7, Block 6, Vail Village 7th Filing. Address: 1107 East Vail Valley Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition. Upgrades: iVo upgrades required. Interior or Exterior: Exterior 250. 9 10. Owner: Artinian Legal Description: Marriott Mark Resort. Address: 715 West Lionshead Circle. Number of 250's: A portion of one 250 was used. Total square feet of 250 used: 248 square feet. Use: Interior remodel. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 11. Owner: Aziz Legal Description: Lot 4, Block 2, Vail Potato Patch 2nd Filing. Address: 740-B Sandy Lane. Number of 250's: One 250 approved. Total square feet of 250 used: 175.5 square feet. Use: Addition. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 12. Owner: Precourt Legal Description: Lot 4, Block 1, Vail Village 1 st Filing. Address: 328 Mill Creek Circle: Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Extsrior 250. 13. Owner: Byrne Legal Description: Parcel A, Lot 1, Block 7, 'Vail Viflage 1 st Filing. Adciress: 15 Forest Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild. Upgrades: Several upgrades require(J to finishes on walls and on the house. Stone was added over brick siding and a concrete retaining wall wEis painted and capped with stone to match the stone on the house. Interior or Exterior: Exterior 250. 10 a 14. Owner: Sadler Legal Description: Lot 4, Block 1, Vail Potato Patch. Address: 802 Potato Patch Drive. fVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Excavate crawl space for playroom. Upgrades: IVo upgrades required. Interior or Exterior: Interior 250. 15. Owner: Myers Legal Description: Lot 2, Block 2, Bighorn 1 st Addition. Address: 3988-A Lupine Drive. . Number of 250's: A portion of one 250 was used. Total square feet of 250 used: Unknown. Use: Addition of new sun room. Upgrades: 250 square feet. Interior or Exterior: Exterior 250. 16. Owner: Collier Legal Description: Vail Golfcourse Townhomes, Phase tfl. Address: 1557 Golfcourse Terrace, Unit fV-45. IVumber of 250's: A portion of one 250 was used. Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 17. Owner: Zin Legal Description: Vail Golfcourse Townhomes, Phase III. Address: 1568 Golfcourse Terrace, IV-49._ _ IVumber of 250's: A portion of one 250 was used. ~ Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No upgrades were required. Interior or Exterior: Interior 250. 11 18. Owner: Scofield Legal Description: Lot 18, Block 3, Vail Village 1 st Filing. Address: 1448 Vail Valley Drive. Number of 250's: A portion of one 250 was used. Total square feet of 250 used: . 250 square feet. Use: Addition of a greenhousia and an airlock. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 19. Owner: Wittemyer Legal Description: Lot 1, Block 1, Vail Villa(ge 3rd Filing. Address: Unknown. Number of 250's: One 250 approved. Total square feet of 250 used: 203 square feet. Use: Addition to south elevation of the residence. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 20. Owner: Hoyle Legal Description: Lot 26, Vail Meadows 1:;t Filing. Address: 5053-A Snowshoe Lane. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Enclosure of an upper level deck. Upgrades: Additional.landscaping was required. Interior or Exterior: Exterior 250. 21. Owner: Romrell Legal Description: Lot 28, Block 1, Vail Pot;ato Patch. Address: 799-A Potato Patch Drive. Number of 250's: A portion of one 250 was used. ~ Total square feet of 250 used: 46.4 square feet. Use: Change attic space to useable living space. Upgrades: Building Code upgrades were required. , Interior or Exterior: Interior 250. 1991 1. Owner: Kaiser/Hall Legal Description: Lot 3, Block 5, Bighorn 5,th Addition. Address: 4913 Juniper Lane. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition to primary unit. Upgrades: Utilities undergrounded. Interior or Exterior: Exterior 250. 12 2. Owner: Maclean Legal Description: Unit 4, Vail Point Condominiums. Address: 1881 Lionsridge Loop. Number of 250's: One 250 approved. Total square feet • of 250 used: 250 square feet. Use: Addition of bedroom and bathroom within existing building param eters Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 3. Owner: Gross Legal Description: Block H, Vail Village 2nd Filing. Address: 22 Vllest Meadow Drive. IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 4. Owner: Browning Legal Description: Tract C, Vail Lionshead 2nd Filing. Address: 684 VVest Lionshead Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 162 square feet. Use: Expand an interior loft and enlarge an existing bathroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 5. Owner: Flower/Bush - Legal Description: Lot 8, Vail Lionshead 3rd Filing.__ Address: 641 VVest Lionshead Circle. . ~ IVumber of 250's: One 250 approved. Total square feet of 250 used: 64 square feet. Use: Expansion of interior loft. Upgrades: IVo upgrades required. Interior or Exterior: Interior 250. . 6. Owner: Molyneaux Legal Description: Lot 1-A, VVarren Pulis Subdivision. Address: 1528 Vail Valley Drive. fVumber of 250's: One 250 approved. Total square feet of 250 used: 240 square feet. Use: Expansion and enlargement of master bedroom area. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 7. Owner: Mikell Legal Description: Lot 4, Block 2, Vail Potato Patch 2nd Filing. Address: 740-A*Sandy Lane. Number of 250's: One 250 approved. Total square feet of 250 used: 47.5 square feet. . Use: Bathroom addition. Upgrades: Three aspen trees of at IE;ast 2-inch caliper must be planted. Interior or Exterior: Exterior 250. 8. Owner: Spector/Kalish Legal Description: Lot 10, Glen Lyon Subdivision. • Address: 467 Greenhill Court. Number of 250's: One 250. . Total square feet of 250 used: 250 square feet. Use: Addition of an entry, IargE;r living room, bedroom, bedroom dormer, master bedroom, and dining room. Upgrades: Ten aspens to be added to the landscape plan. Interior or Exterior: Exterior 250. 9. Owner: Lamb Legal Description: Lot 15, Block 5, Bighorn ;5th Addition. . Address: 4879 Meadow Drive. Number of 250's: One 250 approved. ' Total square feet . of 250 used: 241 square feet. Use: An addition to the stairway and the entry of the residence. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 10. Owner: Byrne Legal Description: Lot 23, Block 7, Vail Villa,ge 1 st Filing. Address: 254 Beaver Dam Road. Number of 250's: One 250 approved. Total square feet of 250 used: 30 square feet. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 11. Owner: Kirby Legal Description: Lot 13, Block 7, Vail Village 1 st Filing. Address: 227 Rockledge Road. Number of 250's: One prior, the request of May 1, 1991 denied. Total square feet of 250 used: 250 square feet. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 14 12. Ovvner: Glatzle Legal Description: Lot 20, Block H, Vail Das Schone 2nd Filing. Address: 2317 Garmisch Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 90 square feet. Use: The addition of an octagonal sunroof. Upgrades: iVo upgrades required. Interior or Exterior: Exterior 250. 13. Owner: Biederman Legal Description: Lot 23, Block 7, Vail Village 1 st Filing. Address: 254 Beaver Dam Road. Number of 250's: One 250 approved. Total square feet of 250 used: 243 square feet. Use: The addition of an exercise room. Upgrades: iVo upgrades required. Interior or Exterior: Interior 250. 14. Owner: Groff Legal Description: Lot 17, Block 3, Vail Valley 1 st Filing. Address: 1468-A Vail Valley Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 16.8 square feet. Use: The addition of twro bay windows on the south elevation. Upgrades: IVo upgrades required. . Interior or Exterior: Exterior 250. 15. Owner: Fraser Legal Description: Lot 176, Block 3, Vail Valley 1 sf Filing. . Address: 1468-B Vail.Valley Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition to the master bedroom. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. . 16. Owner: Sheppard Legal Description: Lot 4, Block 1, Vail Village 6th Filing. Address: 596 Forest Road. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: An interior remodel and the addition of two exterior stair towers. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 15 17. Owner: Peterson/Bossow Legal Description: Lot 6, Block 3, Vail Village 3rd Filing. Address: 332 Beaver Dam Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: The remodel of the duplex. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 18. Owner: Kaye • Legal Description: Millrace, Phase I, Cascade Village. Address: Unit 4, 1360 Westhaven Drive. Number of 250's: One 250 approved. . Total square feet of 250 used: 150 square feet. Use: Remodel of an interior lofit. Upgrades: No upgrades required. Interior or Exterior: tnterior 250. 19. Owner: Maclean Legal Description: Lot 1, Block Lionsridge 3rd Filing. Address: 181 Lionsridge Loop. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Extension of an interior loft. Upgrades: No property upgrades recluired. Interior or Exterior: Interior 250. 20. Owner: Genung Legal Description: Villa Cortina, Unit 350. - Address: N/A. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. ' Upgrades: No upgrades required. Interior or Exterior: Interior 250. 21. Owner: Zinn Legal Description: Lot N-49, Golfcourse Tovunhomes. Address: 1568 Golf Terrace. Number of 250's: One 250 approved. Total square feet of 250 used: 245 square feet. . Use: Complete the unfinished area behind the garage and the addition of a new window. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 16 22. Owrner: Letuen Legal Description: Lot 2, Vail Village 3rd Filing. Address: Unknown. Number of 250's: One 250 approved. Total square feet of 250 used: 14 square feet. • Use: Improvements to the front entry. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 23. Owner: Collier Legal Description: Sunburst 3rd Filing. Address: Unknown.. Number of 250's: One 250 approved. Total square feet of 250 used: 240 square feet. Use: Expansion of the existing living space. Upgrades: No upgrades required. • Interior or Exterior: Interior 250. 24. Owner: Massa Legal Description: Tyrolean Condominiums, Vail Village 1 st Filing. Address: 400 East Meadow Drive, Unit 7. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No upgrades required: Interior or Exterior: Interior 250. 25. Owner: Sink Legal Description: Lot 21, Block 1, Vail Potato Patch. Address: 781 Potato Patch Drive. Number of 250's: One 250 approved. ~ Total square feet of 250 used: 250 square. feet. Use: Interior remodel. Upgrades: Two additional trees required. Interior or Exterior: Interior 250. 26. Owner: Stevinson Legal Description: Lot 40, Block 7, Vail Village 1 st Filing. Address: 275 Beaver Dam Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: An addition to an existing family room. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 17 27. Owner: Stempler Legal Description: Lot 4, Block 6, Vail Village 7th Filing. Address: 1044 Homestake Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 1992 1. Owner: ` Lario/Larrea Legal Description: Lot O, Vail Village 1 st Filiiig. Address: Units 304 and 404, 100 East Meadow Drive. Number of 250's: One 250 approved. Total square feet . of 250 used: 60 square feet. Use: Enclosure of an interior loft. Upgrades: No upgrades required. Interior or Exterior: Interior 250. . 2. Owner: Forbes Legal Description: Lot 9, Block 1, Vail Village 1 st Filing. Address: 362 Mill Creek Circle. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Remodel of interior spaces. Upgrades: No upgrades required. Interior or Exterior: Both 250's were interior. 3. Owner: Pavlik Legal Description: Vail Golfcourse Townhornes. ~ Address: Unit 37, Building K, Vail (aolfcourse Townhomes. Number of 250's: One 250 approved. Total square feet of 250 used: 39 square feet. Use: Finish off basement space. Upgrades: No upgrades required. tnterior or Exterior: Interior 250. 4. Owner: Kovener Legal Description: Lot G, Vail Village 2nd Filing. . Address: 17 Vail Road. Number of 250's: One 250 approved. Total square feet of 250 used: 85 square feet. Use: Installation of two new sN;ylights. Upgrades: No upgrades required. . Interior or Exterior: Interior 250. 18 5. Owner: Lamm Legal Description: Lot 15, Block 1, Bighorn 5th Addition. Address: 4898 Meadow Drive. Number of 250's: One 250 approved. Totai square feet of 250 used: 241 square feet. Use: Interior remodel. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 6. Owner: Johnson Legal Description: Lot O, Vail Village 1 st Filing. Address: 100 East Meadow Drive, Units 101 and 102, Vail Village Inn. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. • Upgrades: No upgrades required. Interior or Exterior: Interior 250. 7. Owner: Hellberg Legal Description: Lot 1, Block 2, Vail Village 3rd Filing. Address: 355 Forest Road: - Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demolrebuild. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 8. Owner: Gillett - Legal Description: Lot 8, Block 3, Vail Village 11 th_F_iling. Address: 3090 Booth Creek Drive. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Expansion of two additional bedrooms and storage area. Upgrades: One 10 foot evergreen required. Interior or Exterior: Exterior 250. 9. Ouvner: Rubenstein Legal Description: Lot 8, Glen Lyon Subdivision. Address: 1463 Greenhill Court. Number of 250's: One 250 approved. Total square feet o of 250 used: 230 square feet. Use: . Remodel. Upgrades: PainUstain portions of building where needed. . Interior or Exterior: Exterior 250. 19 . 10. Owner: Ackerman Legal Description: Lot 10, Block 1, Vail Village 6th Filing. Address: 716 Forest Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition to the exterior of the building. Upgrades: Driveway must be reducE.d so as not to exceed 10%. Interior or Exterior: Exterior 250. 11. Owner: Erickson Legal Description: Lot 10, Block 1, Vail Village 6th Filing. Address: 716 Forest Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior addition. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. • 12. Owner: Kasson Legal Description: Lot 33, Block 2, Vail Villa.ge 13#h Filing. Address: 2570 Bald Mountain Road. Number of 250's: One 250 approved. Total square feet of 250 used: 201 square feet. Use: Enclose breezeway in entry and remodel of the master bathroom. Upgrades: No upgrades required. tnterior or Exterior: Exterior 250. 13. Owner: Lawler Legal Description: Lot 12, Block 5, Bighorn 5th Addiiion. Address: 4939 Meadow Drive. ~ Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild of a primary residence fo include a new secondary residence. Upgrades: Elecirical service to the oxisting residence must be . undergrounded. Interior or Exterior: Exterior 250. a 20 . . 14. Owner: Ricci Legal Description: Lot 5, Block E, Vail Das Schone 1 st Filing. Address: 2576 Davos Trail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: The expansion of an existing second floor master bedroom. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 15. Owner: Stark Legal Description: Lots A, B, C, Block 5-C, Vail Village 1 st Filing. Address: Unknown. IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No property upgrades required. Interior or Exterior: Interior 250. 16. Owner: Glazov Legal Description: Lot 5A, Block 2, Vail Village 1 st Filing. Address: 454 Forest Road. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior alterations to an existing structure. Upgrades: No property upgrades required. Interior or Exterior: Exterior 250. 17. Owner: Alderette - Legal Description: Lot 3, Vail Village West 2nd Filiog. Address: 1784 South Frontage Road West. IVumber of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Demo/rebuild of a primary/secondary residence. Upgrades: No property upgrades required. Interior or Exterior: Exterior 250. 18. Owner: Levine Legal Description: Antlers Condominium, Unit 702. Address: 680 West Lionshead Place. iVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Interior remodel. Upgrades: No property upgrades required. Interior or Exterior: Interior 250. 21 19. Owner: Wilhelm Legal Description: Lot 5, Bighorn Estates. Address: 4289-B Nugget Lane. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior modification to the existing structure. Upgrades: Three aspen trees planted. Interior or Exterior: Exterior 250. 20. Owner: Grubbs Legal Description: Lot 1, Block 1, Vail Vitlage 8th Filing. Address: 1031 Eagles Nest Circle. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior addition to an existing residence. Upgrades: No upgrades required. Interior or. Exterior: Exterior 250. 21. Owner: Tynan Legal Description: Lot 1, Block 3, Lionsridgei 3rd Filing. Address: 1881 Lionsridge Loop, Unit 1, Vail Point Townhomes. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: . Interior remodel. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 22. Owner: Norris Legal Description: Lot 1, Block 1, Vail Village 6th Filing. Address: 486 Forest Road. Number of 250's: Two 250's approved. + Total square feet of 250 used: 242 square feet. Use: Exterior addition to an existing building. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 1993 1. Owner: Kalkus Legal Description: Lot 19, Block 7, Vail VilleLge 1 st Filing Address: 324 Beaver Dam Road, IVlain Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Single car garage and tnro bedrooms. , Upgrades: Includes regrading of drilreway. Interior or Exterior: Exterior 250. 22 o n 2. Owner: Bellows Legal Description: Parcel A, a resubdivision of Lots 14 and 17, Block 7, Vail Village 1st Filing. Address: 327 Rockledge Road, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 241 square feet. Use: Bedroom additions. Upgrades: No upgrades required. tnterior or Exterior: Exterior 250. 3. Owner: Hellberg Legal Description: Lot 1, Block 2, Vail Village 3rd Filing Address: 325 Forest Road, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 243.3 square feet. Use: Used for demo/rebuild. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 4. Owner: Pease Legal Description: Lot 5, Block 2, Vail Village 3rd Filing. Address: 254 Beaver Dam Road, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Exterior modifications. Upgrades: Landscaping to be upgraded, lighting to come into compliance. Interior or Exterior: Exterior 250. 5. Owner: Jordan _ Legal Description: Lot 1, Block 2,. Vail Village 6th Filing + Address: 483 Beaver Dam Road, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: . 250 square feet. Use: Expand existing bedroom and add one bathroom. . Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. . 6. Ouvner: Erickson , Legal Description: Lot 10, Block 1, Vail Village 6th Filing. Address: 716 Forest Road, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 123 square feet. Use: Expand existing bedroom. . Upgrades: iVo upgrades required. Interior or Exterior: Exterior 250. 23 . 7. Owner: McKinnon Legal Description: Lot 5, Block 2, Vail Village 6th Filing. Address: 695-B Forest Road, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 236.5 square feet. Use: Exterior modifications. Upgrades: Increased landscaping, repainting of the entire building. Interior or Exterior: Exterior 250. 8. Owner: Willis Legal Description: Lots 25, Block 2, Vail Village 13th Filing. Address: 2355 Bald Mountain Roaci, East Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 246 square feet. Use: Expand existing kitchen. Upgrades: Include landscaping upgr,3des. Interior or Exterior: Exterior 250. 9. Owner: Grisanti Legal Description: Lot 16, Vail Valley 3rd Filing. Address: 2039 Sunburst Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 245 square feet. Use: Unknown. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 10. Owner: Nicol Legal Description: Lot A-6, Block A, Lionsriclge 2nd Filing. Address: 1081 Vail View Drive; #B-106, Main Vail. - Number of 250's: One 250 approved. ~ Total square feet of 250 used: _ 45.5 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior`. Interior 250. 11. Owner: Mathias Legal Description: . Lot A-6, Block A, Lionsridge 1 st Filing Address: 1081 Vail View Drive, #B-207, Main Vail. Number of 250's: One 250 approved. Total square feet ` of 250 used: 34 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 24 . a 12. Owner: Borrell Legal Description: Vail Goifcourse Townhomes. Address: 1588 Golf Terrace, #42, Main Vail. Number of 250's: One 250 approved. •Total square feet of 250 used: 250 square feet. Use: . Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 13. Owner: Griffinger Legal Description: Vail Golfcourse Townhomes. Address: 1630 Sunburst Drive, #16, Main Vail. iVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. ' Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 14. Owrner: Ladd Legal Description: Vail Golfcourse Townhomes. Address' 1720 Sunburst Drive, #1, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 15. Owner: Johns Legal Description: Vail Golfcourse Townhomes. Address: 1720 Sunburst Drive, #2, Main llail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 16. Ovvner: Devoy Legal Description: Vail Golfcourse Townhomes. Address: 1620 Sunburst Drive, #F-22, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 45 square feet. Use: Unknown. ' Upgrades: No upgrades required. Interior or Exterior: Interior 250. 25 17. Owner: Klein Legal Description: Vail Golfcourse Townhorries. Address: 1710 Sunburst Drive, #7, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 18. Owner: Metzger Legal Description: Lot 7, Vail Village 1 st Filing Address: 74 East Witlaw Drive, River Ridge Condominiums, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 203 square feet. Use: Additional bedroom. Upgrades: No upgrades required. tnterior or Exterior: Inteiior 250. 19. Owner: Adams Legal Description: Lot 7, Vail Village 1 st Filiing Address: 74 East Willow Drive, #755, River Ridge South Condominiums, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 210 square feet. Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 20. Owner: Gamez _ Legal Description: Lot 6, Block 6, Vail Village 1 st Filing, Riva Ridge fVorth. Address: 33 Willow Drive, #630, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Loft. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 21. Owner: Detrick Legal Description: Lots 5, Block 2, Vail PotEtto Patch. Address: 758 Potato Patch Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 232 square feet. • Use: Unknown. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 26 b 22. Owrner: Isaacs Legal Description: Lot 8, Bighorn Subdivision. Addr.ess: 3987 Lupine Drive, East Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 181 square feet. Use: Expand existing room. Upgrades: tVo upgrades required. Interior or Exterior: Exterior 250. 23. Owner: Gonzales/Molyneaux Legal Description: Lot 1, VUarren Pulis Subdivision. Address: 1628 Vail Valley Drive, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Unknown. • Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250's. 24. Owner: Dippy Legal Description: The Valley, Phase I. Address: 1616 Buffehr Creek Road, #B-17, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Exterior modifications. Upgrades: No upgrades required. Interior or Exterior; Exterior 250. 25. Owner: Baley . Legal Description: Lot 3, Block 1, Vail Lionshead 4th Filing. Address: 680 VVest Lionshead Place, #41-0, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 120 square feet. Use: New loft area. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 26. Owner: Kaufman Legal Description: Lionsquare Lodge. Address: 660 UVest Lionshead Circle,#388, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 150 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 27 , , 27. Owner: Hess , Legal Descriptiori: Lot 1, Block 3, Vail Point. . Address: 1881 Lionsridge Loop, #2, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition of bedroom and bathroom. Upgrades: Add landscaping. Interior or Exterior: Interior 250. 28. Owner: Hajim • Legal Description: Lot 1, Block 5-D, Vail Village 1st Filing, Vail Village Inn. Address: 100 East Meadow Drive, #503, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 175 square feet. Use: Conversion of common area to private use. Upgrades: No property upgrades. Interior or Exterior: Interior 250. 29. Owner: Nicholas Legal Description: Lot 13, Block 5, Vail Village 1 st Filing, Vail Rowhouses. Address: 330 Gore Creek Drive, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Conversion of common area to GRFA. Upgrades: No upgrades required. Interior or Exterior: Interior 250's. 30. Owner: Flacke _ Legal Description: Part of Lot K, Block 56, Wail Village 1 st Filing,+ Talisman Condominiums. ' Address: 62 East Meadow Drive, PJlain Vail. . Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Addition of a loft. Upgradss: No upgrades required. Interior --Or Exterior: Interior 250. 28 J 0 0 1994 1. Owner: Pickens Legal Description: Lot 10, Block 7, Vail Village 1 st Filing. Address: 167 Rockledge Road, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 136 square feet. Use: Addition of a closet. Upgrades: IVo upgrades required. tnterior or Exterior: Interior 250. 2. Owner: Byrne Legal Description: Lot 5, Block 7, Vail Village 1 st Filing Address: 126 Forest Road, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Both 250's used for EHU. Upgrades: IVo upgrades required. Interior or Exterior: Both exterior 250's. 3. Owner: Krasovich/Schuman Legal Description: Lot 1, Block 6, Vail Village 1st Filing. Address: 63 VVillow Place, #11, Main Vail. Number of 250's: One 250 approved. ' Total square feet of 250 used: 250 square feet. • Use: Attic space. Upgrades: IVo upgrades required. Interior or Exterior: Interior 250. 4. Owrner: fVorris/6yrne Legal Description: Lot 1, Block 1, Vail Village 6th Filing + Address: 486 Forest Road, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: Primary unit used 242 square feet. Secondary unit used 250 square feet. Use: Primary unit addition was to the living room. Secondary unit was a demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Both exterior 250's. 29 4 5. Owner: Harris Legal Description: -Lot 13, Block 6, Vail Village 7th Filing ~ Address: 1187 Vail Valley Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet Use: Demo rebuild. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 6. Owner: Gibson/Robinson Legal Description: Lot 10, Block 1, Vail Village 8th Filing Address: 1153 A and B Hornsilver, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 462 square feet. Use: Expand living room. Upgrades: No upgrades required. Interior or Exterior: Both exterior 250's. 7. Owner: Smith/Sage Legal Description: Lot 5, Block 3, Vail Valley 1 st Filing. Address: 1367 Vail Valley Drive, Nlain Vail. . Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Used for an EHU unit. Upgrades: Increased landscaping. Interior or Exterior: Exterior 250. 8. Owner: . Wolff Legal Description: Lot 16, Block 3, Vail Valley 1st Filing Address: 1498 Springhill Lane, Matin Vail- Number of 250's: One 250 approved. ~ Total square feet of 250 used: 250 square feet. Use: Expand living room. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 9. Owner: Tait Legal Description: Lot 6, Vail Valley 3rd Filing Address: 1855 Sunburst Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Unknown. Upgrades: No upgrades required. Interior or Exterior: . Exterior 250. 30 J ' b 10. Owner: Breitenbach Legal Description: Lot 8, Vail Valley 3rd Filing. Address: 1895 Sunburst Drive, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 240 square feet. Use: Interior modifications Upgrades: Enclosing meters. Interior or Exterior: Interior 250. . 11. Owner: Curtis Legal Description: Lot A-6, Block A, Lionsridge 1 st Filing. Address: . 1081 Vail View Drive, #A-303, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 112.6 square feet. Use: Loft extension. Upgrades: IVo upgrades required. Interior or Exterior: Interior 250. 12. Owner: Riddle Legal Description: Lot A-6, Block A, Lionsridge 1 st Filing. Address: 1081 Vail View Drive, #B-310, Main Vail. fVumber of 250's: One 250 approved. Total square feet of 250 used: 130 square feet. Use: . Loft extension. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 3. Owner: Mulvey Legal Description: Lot A-6, Block A, Lionsridge 1 st-Filing. Address: 1081 Vail View Drive, #B-111, Adain Vail. - Number of 250's: One 250 approved. ~ Total square feet of 250 used: 126 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 14. Ovvner: Nordstrom Legal Description: Lot A-6, Block A, Lionsridge 1 st Filing. Address: 1081 Vail View Drive, #13-208, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 126 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 31 . .Ta \ 15. Owner: Alberti Legal Description: Lot A-6, Block A, Lionsriclge 1 st Filing. Address: 1081 Vail View Drive, #6-303, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 126 square feet. Use: Loft extension. Upgrades: No upgrades required. Interior or Exterior: . Interior 250. 16. Owner: Kontney Legal Description: Vail Golfcourse Townhomes. Address: 1598 Golf Terrace, #38, IVlain Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Additional bedroom. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 17. Owner: Schulman Legal Description: Vail Golfcourse Townhomes. Address: 1734 Sunburst Drive, #74, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 231 square feet. Use: Storage area. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 18. Owner: Tomlinson Legal Description: Gore Creek Condominiums, Building A, #4. Address: 5017 Main Gore Drive, 44, East-Yail. Number of 250's: One 250 approved. Total square feet of 250 used: 71.5 square feet. Use: Loft extension. Upgrades: Undergrounding utitities. Interior or Exterior: Interior 250. 19. Owner: Kirch . Legal Description: Lot 2, Bighorn 4th Filing. Address: 4316 Streamside Circle, East Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Storage and demo/rebuild. Upgrades: No upgrades required. Interior or Exterior: Interior 250. 32 J , L M 20. Owrner: Davidson Legal Description: Lot 7, Block 1, Vail Potato Patch. Address: 800 Potato Patch Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: New dining room. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 21. Owner: Rogers Legal Description: Lot 28, Block 1, Vail Potato Patch. Address: _ 799-A Potato Patch Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Expansion of living room. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 22. Owner: VVaters Legal Description: Lot 22, Bighorn Terrace. Address: 4237 Columbine Drive, East Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 225 square feet. ` Use: Exterior modifications. Upgrades: Bury all overhead utilities, eliminate existing trash enclosures. Interior or Exterior: Exterior 250. 23. Owner: Stearns - Legal Description: Bighorn Townhomes. Address: 4708 Meadow Drive, #A-4, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 45 square feet. Use: Interior remodel. Upgrades: Parking lot paving. Interior or Exterior: Interior 250. 24. Owner: Krohn Legal Description: Lot 2, Block 4, Vail Intermountain. Address: 2771 Kinnickinnick, #E-7, West Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 190 square feet. Use: Storage area. Upgrades: IVo upgrades required. Interior or Exterior: Interior 250. 33 . n~ 25. Owner: Thain Legal Description: Lot 8A, 86 and 9, Vail Village 4th Filing, Texas Townhomes. Address: . 483 East Gore Creek Driwe, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Demo/rebuild. Upgrades: No upgrades required. Interior or Exterior`. Interior 250. 26. Owner: Hawkins Legal Description: Lot 11, Block 3, Vail Valle:y 1 st Filing. Address: 1568-A Vail Valley Drive, Main Vail. Number of 250's: One 250 approved. Total square feet of 250 used: 236 square feet. Use: Deck enclosure for existirig bedroom. Upgrades: No u,pgrades required. Interior or Exterior: Exterior 250. 27. Owner: Brown Legat Description: Lot 17, Block 1, Vail VallE:y 1 st Filing. Address: 375 Mill Creek Circle, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 500 square feet. Use: Demo/rebuild and Type II EHU. Upgrades: No upgrades required. Interior or Exterior: Exterior 250's. 28. Owner: Scott/Schmidt - Legal Description: Lot 10, Casolar Phase I. Address: 1150 Casolar Del Norte, Main Vail. Number of 250's: Two 250's approved. Total square feet of 250 used: 150 square feet. Use: -Deck enclosure. Upgrades: No upgrades required. Interior or Exterior: Exterior 250. 30. Owner: Cappy Legal Description: Lot 8, Block 7, Vail Valley 1 st Filing. Address: 166• Forest Road, Main V'ail. Number of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Demo/rebuild with Type I EHU. Upgrades: No upgrades required. . Interior or Exterior: Exterior 250. 34 31. Owner: Slifer Legal Description: Lot 3, Block 1, Vail Village 8th Filing. Address: 1045 Homestake Circle, Main Vail. IVumber of 250's: One 250 approved. Total square feet of 250 used: 250 square feet. Use: Dining room addition and dormers. Upgrades: IVo upgrades required. Interior or Exterior: Exterior 250. 35 Y MEnAOFiANDUflfl TO: Town Council FROM: Community Development Department DATE: February 14, 1995 SUBJECT: Outdoor display of goods At a Council worksession in November 1994, the Town Council directed the Community Development staff to prepare changes to the Zoning Code that would limit outdoor displays in commercial areas to two weekends per year, as annually designated by the Town Council. Staff drafted the proposed changes and presented them to the Planning and Environmental Commission (PEC) on December 19, 1994 (see the attached memo to the PEC). Some members of the PEC were of the opinion that outdoor displays add visual interest to the street and that most visitors liked them. There was agreement that the displays should have some review process or design guidelines that merchants would be required to follow. It was suggested that a task force of inerchants be appointed to determine what guidelines should be followed and how they would propose to enforce them. The PEC voted 5-1 to recommend to Council support of the original staff recommendation, which reads as follows: "Staff feels that outdoor displays are an important component of the Village and Lionshead areas as the displays add to the visual interest and street life of our communiry. We recommend that they continue to be allowed. However, there are limitations that we feel are necessary. Staff recommends adding regulations to each zone district that allows outdoor displays. These regulations should incorporate all or some of the above criteria. Staff also recommends adding a definition of signs for an outdoor display to the Sign Code." In addition, the PEC recommended the appointment of a merchant task force to design the guidelines and suggest methods of enforcement. Attached is the memo presented to the Town Council on November 22, 1994 listing the options staff feels are available and the memo presented to the PEC on DeCember 19, 1994 identifying the proposed changes to the Zoning Code. c:\co u nciflmemos\d is play.214 MEMORANDIIM TO: Planning and Environmentai Commission FROM: Community Development Department DATE: December 19, 1994 SUBJECT: A request for an amendment to Sections 18.24 (Commercial Core I), 18.26 (Commercial Core II), 18.27 (Commercial Core III), 18.28 (Commercial Service Center), and 18.29 (Arterial Business District) regarding the outdoor display of goods. Applicant: Town of Vail Planner: Lauren Waterton 1. sNTRODUCTION Town Council has directed staff to review the existing regulations regarding the outdoor display of goods in commercial areas. On November 22, 1994, staff presented the attached memo at a Council worksession. The Council discussed several possibilities relating to the regulation of outdoor displays, including: adding a definition to the Zoning Code that would define an outdoor display; having identical carts that all goods would be displayed in; and banning displays except for certain weekends a year. There was also discussion regarding the amount of staff time used in the enforcement of additional regulations, and the signs related to the displays. . As a result of the worksession, Town Council directed staff to prepare an ordinance that would allow displays only two weekends per year. There will be no design review or additional guidelines associated with these displays. Staff recommends the weekends be designated by Town Council or the Zoning Administrator on an annual basis. These changes require amendments to the sections listed below, in the Town of Vail Zoning Code. The Town Council also directed staff to prepare changes to the Sign Code that would limit the signs for these displays. At a later date,. staff will be proposing.changes regarding signs for outdoor displays. OV. PROfPOSED CF9ANGES The following is the proposed text amendments. The proposed additions are shown below in the shaded text. Commercial Core G and Commercial Core II Section 18.24.190 and 18.26.160 -.Location of Business Activity A. All offices, businesses, and services permitted. by Sections 18.24.020 through 18.24.050 shall be operated and conducted entirely.within a building except for permitted unenclosed parking or loading areas and the outdoor display of goods, as regulated by B and C befow : B. The area to be used for outdoor display must bE; located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. _ C:: Qutdoor dESplay of goods shall qnly be;permitteci on;two weeken;ds per.;year as designated by the Town CouncrE or by ;the Zon,ng Acimmistrator ; Rantal! - bicycles dispEayetl dunng the summer months: shalf be exempt fram the limit :of fvi?o weelcends per year However, rentai hicyclE~s shalt comply v~ith (~Y ar~d :;(b); a6ove: Commercial Core III and Commercial Service Centeir Section 18.27.120 and 18.28.160 - Location of Business Activity A. All permitted and conditional uses by Sections 18.27.020 and 18.27.030 shall be operated and conducted entirely within the building except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods, as:: reg,ulated by,;B and C: below;: B. The area to be used for outdoor display must bE; located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. C:; Qutdoor dESplay of goods shall only be permi tted on :iwo weeken.ds per year as desEgnated by; the Town Cgunc~[ or by;the Zoriir~g Admm~stratar Rental bicycles:;displayed during tfie summer r;nonths:slnal( be exempt frorn th'e Irrnrt:of two weekends<per year Howev.er, rental b~cycl~~s stialt comply v~ith (a} and ;(bj; ; . abo~e: Arterial Business District Section 18.29.130 - Location of Business Activity A. All permitted and conditional uses by Sections 18.29.020 and 18.29.030 shall be operated and conducted entirely within a building except for permitted loading areas and such activities as may be spE;cifically authorized to be unenclosed by a conditional use permit and the autdaor display of goods, as _ regulated by B and C below: !B: The area to be usetl for outdaar display; musf b~3 IQCated tlirectly in fron# of the establishment;displaying the goods and entireiy upon the estabfishment s owri property. Sidewalks,' bu~ltling entrances arrd ex~ts, driVeways and stre~ts shal( not be obstrueted by outdoor display ; C: Outdoor `dESplay of goods shall on;l~r be;perm[tteid on ;two weekends pec year as designafed by the Town Counc~i or by the Zonirig Adm~nistrator ' Ren#af; b~cyclesciispfayed during ttie surnmer riionths:.shall tie exempt from tfie; Iift# of tinio weekends:per year H:owever, renta~ iii bicycles slialt comply with (a} and (b~ at~ove,: 2 MEMoRANDuM TO: Town Council FROM: Community Development Department DATE: November 22, 1994 SUBJECT: Outdoor display of goods 0. CIIRREft9T EiEGl1LATGONS In the Commercial Core I, Commercial Core II, Commercial Core III and Commercial Service Center zone districts, the outdoor displays of goods are regulated by Sections 18.24.160, 18.26.160, 18.27.120 and 18.28.160, "Location of Business Activity". These sections read as follows: "The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own , property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display." In the Arterial Business District, the outdoor displays of goods are subject to conditional use permit review and approval by the Planning and Environmental Commission (PEC). Staff has regulated the signs for these outdoor displays by allowing a maximum of one square foot of sign area. H. IEX9S°P6NG COND9TBONS In the past, outdoor displays were most prevalent during the spring and fall as merchants attempted to sell their excess merchandise from the previous season. In recent years, outdoor displays are seen year round and are used to display goods sold inside the business, as well as advertised services. These goods are displayed using cardboard boxes, metal tables, clothing racks, and wicker baskets and are generally located directly in front of the storefront, ranging in size from a single box to many boxes and bicycles. , The retail stores in town currently display clothing on metal racks and tables, skis are leaned up against walls, boots are lined up on the ground, and hats and gloves are displayed in wicker baskets. Other displays that are found around town include restaurants that display food items and real estate offices that display brochures advertising real estate for sale. Some stores display items that are not for sale. Examples of this include the bear in front of John Galt and the bicycle in front of Cabbages and Kings (Lionshead). Many of the signs that accompany these outdoor displays do not comply with the staff policy limiting their sign.area to 1 square foot. Some of the signs are placed directly on the display while others are placed on the walls or windows behind the display. . III. REGULATIONS FROM OTHER TOWNS In order to understand how other resort towns regulate outdoor displays, the following is a list of several towns and their policies for regulating outdoor displays: ' Aspen - Currently, there are no regulations for outdoor display except in areas identified as open space, where they are not allowed. Problems exist in the older areas of town where some outdoor displays are very prevalent. , Avon - Final approval for Avon's ordinance regarding outdoor displays will be at the November 22, 1994 Town Council meeting.. This ordinance prohibits.outdoor displays; entirely, except on Memorial and Labor Day weekends. Breckenridqe - The regulations limit the number of days that outdoor displays are allowed to two weekends per year. There are no regullations regarding the design or size of the displays. Breckenridge has special restrictions for outdoor display and storage of bicycles which require the approval of a special development permit. These restrictions include: the bicycles must be located entirE:ly on private property; they may not be hung from any exterior portion of the building except where they lack sufficient space; and they may not block the pedestrian way or vehicle parking. Estes Park - No outdoor displays are allowed in the central business district except by Town Council resolution. So far, no resolutions have been entertained by Council. Steamboat Sprinqs - Any outdoor display must go through a development review process before the display can be set up. The regulations state that outdoor displays not obstruct any pedestrian way and be kept in a neat and tidy manner. The displays are reviewed and approved by the PEC, however, there are no written guidelines which they follow. IV. OPTIONS AVAILABLE There are two aspects relating to outdoor displays that should be reviewed. The first are the displays themselves and the second are the signs that are attached to the displays. Reqardinq the displays, the followinq are the options that staff believes are available: 1. Require outdoor displays to go through the des~ign review process. This woulcl require an additional section to be added to the Design Review Guidelines that outlines specifically what type of outdoor display would be allowed, including type of containment, size, location, etc. ` 2. Add a definition of "outdoor displays" to the definition section of the Zoning Code. Any display not conforming to this definition would not be allowed. This definition could include a limitation on the total ;area in which the display could occupy, the type of material that could be used to display the goods and a limitation on the distance the display can be from the building. 3. Require outdoor displays to receive conditional use.permit review and approva.l by the PEC in all zone districts which allow outdoor displays. 4. Add regulations to each zone district which would specify the type of outdoor displays allowed, as discussed. on Item No. 2 above. . r ~ • 5: Allow only bicycles to be displayed outside. 6. Ban all outdoor displays of goods completely. 7. Take no further action and leave the existing Zoning Code and Sign Code as is. This would allow businesses to continue outdoor displays, so long as they are entirely on their property. There are several options to requlate the siqns associated with outdoor displavs: 1. Amend the Sign Code to add "outdoor display of goods signs" as an additional sign category. This new category would include a purpose statement and size, height, number, location and design requirements. See attached copy of "daily special boards" category as an example. 2. Amend the Sign Code to reflect the current staff policy regarding outdoor signs. 3. Do not allow any signs to be associated with these displays. 4. Do not regulate the signs for outdoor displays. BV. CFiITERIA If any options are selected which require the Town to further regulate the outdoor displays, a list of criteria will need to be generated to control an outdoor display. The following is a list of possible criteria: 1. The goods to be displayed must be enclosed in a container or placed on a platform made of predominantly natural materials. VUood and wicker are examples of what would be allowed. No cardboard would be allowed. 2. The total area for the display cannot exceed 10 square feet. 3. The display cannot be located further than 10 feet from the building. 4. There shall be no noise, lights, television monitors, or moving parts of any kind associated with the display. 5. There shall be no printed material or handouts associated with the display. The outdoor displays must be a product sold inside or an example of a service provided by the business. . V. STAFF RECOfNiMENDAl'10N Staff feels that outdoor displays are an important component of the Village and Lionshead areas, as the displays add to the visual interest and street life of our community. We recommend that they continue to be allowed. However, there are limitations we feel that are necessary. Staff recommends adding regulations to each zone district that allows outdoor displays. These regulations should incorporate some or all of the above criteria. Staff also recommends adding a definition of signs for outdoor displays to the Sign Code. ~~AFT ORDINANCE NO. 5 SERIES OE 1995 AN ANIMe4L CONTROL ORDINANCE VVHEREAS, IVOUV, THEREFORE, 1. IfVTENT. It is the intent of the Vail Town Council in adopting these pet animal control and licensing regulations to declare that a pet animal owner must assume full responsibility and strict liability for the action of any pet animal owrned, kept, controlled, or in the custody of the pet animal owner. 2. DEFIIVITIONS. As used in this Ordinance, the following 4erms shall have the following meanings: "ABAfVDON" means to fail to provide any necessary care for a pet animal for any period of 24 hours or longer. Such care shall include; but not be limited to; food, water, protection for the weather, socialization, and removal of waste from the animal's enclosure. For the purposes of this Ordinance, any pet animal is presumed to be abandoned if, after the posting of a written notice describing deficiencies in the animal care or the personal service of such notice, the deficiencies are not correct by any person other than an animal control officer during the 24 hour period immediately following such posting or service. "AfVIMAL" means any living dumb creature. "ANIIUTAL COIVTROL OFFICER" means any person empovvered by Town of Vail to enforce the provisions of this Ordinance pursuant to 30-15-105, C.R.S., Town of Vail Police Department personnel, and peace officers as defined in 18-1-901, C.R.S. "ANIfViAL SHELTER" means any and all facilities and premises authorized by Eagle County to care for pet animals impounded pursuant 40 4he provisions of this Ordinance. Such facilities and premises shall also be considered public animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of 18-9-204.5, C.R.S. "ATTACK" means aggressive behavior resulting in bodily injury, serious bodily injury, or death to a person or another animal. 1 Ordinance No. 5, Series of 1995 . "BITE" means the piercing, laceration, or breaEang of the skin by the teeth or jaws of any animal. "BODILY INJURY" means any physical injury that results in severe bruising, muscle tears, skin lacerations requiring professional medical treatment, or fracture of any bone or injury that requires corrective cir cosmetic surgery. "CAT" means any animal of the species Felis cattus or any hybrid thereof. "CONTROL" means supervision of, or influence over, any pet animal sufficient to prevent such pet animal from being in violation of any of the provisions of this Ordinance. "Control" may be by other than physical means if it can be demonstrated to be real and immediate at the +time in question. For the purposes of this resolution, failure to control shall includE: the criminally negligent leaving of an animal in circumstances that result in neglect, mistreatment, or abandonment of the animal. "DANGEROUS ANIMAL" means any animal i:hat has inflicted bodily or serious bodily injury upon or has caused the death of a person or animal. "DOG" means any canine animal, including thc>se related to the wolf, fox, coyute, or jackal. "FERRET" means any animal of the species Mustala Putorius or any hybrid thereof. "HABITUAL OFFENDER" means any animal ovvner who has pled guilty to, or been found guilty of, violating the same provision oT this Ordinance three times within any twelve month period. For the purposes of this Ordinance, any disposition of charges involving probation or deferred juclgment and sentencing shall be considered to be convictions. "MISTREATMENT" means every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering. "NEGLECT" means failure to provide food, water, protection from the weatrier, opportunity for exercise, socialization, or other care consistent with the need5 of the species of the animal in questions. "PET ANIMAL" means any animal so defined in Part 1 of Article 15 of Title 30, C.R.S. "PET ANIMAL FACILITY" means any facility licensed as such pursuant to the provisions of Part 1 of Article 80 of Title 35, C.R.S. 2 Ordinance No. 5, Series of 1995 "PET AfVIMAL OVVNER" means any person, firm, corporation, or organization possessing, keeping, having financial or property interest in, or having control or cus4ody of any pet animal. "PHYSICAL CONTROL" means control of an animal by means of a tether attached to the animal, and held by a responsible person; or, confinement within a locked vehicle or locked enclosure sufficient to prevent the animal from escaping. "POTEiVTIP?LLY DAiVGEROUS ARIIMAL" means any animal that when unprovoked: 1. Inflicts any laceration or bruising upon a human or another animal, or, 2. Chases or approaches a person on any property other 4han the owner's in a menacing fashion or apparent attitude of attack, 3. Is a venomous animal, or, 4. Is an animal possessing the following physical characteristics: "PREMISES" means property owned, leased, or expressly permitted to be used by an owner. "Premises" includes any confined area or locality such as a residence, business, room, shop, building, or motor vehicle, including the open space bed of a truck when the animal's presence is authorized by the owner of such confined area or locality. "PROPER COIVTROL OF A DAiVGEROUS P?NIMAL" means that, while on the owner's premises, a dangerous animal shall be confined indoors or in a securely enclosed and locked pen, structure, or motor vehicle suitable to prevent the entry of young children and to prevent the animal from escaping. 1Alhen off the premises of the animal owner, the animal shall be under the physical control and immediate supenrision of the owner or other responsible person. "PROPER COiVTROL OF A POTEIVTIALLY DANGEROUS ANIMAL" means tha4: 1. VVhile on the owner's premises, a potentially dangerous animal shall be controlled by a chain, leash, or other confinement suitable to prevent the animal from leaving 4he owner's premises, or, 2. VNhile off the owner's premises, a potentially dangerous animal shall be under the physical control of the owner or other responsible person. "PROTECTIVE CUSTODY" means the taking of an animal into custody by an animal control officer to prevent the mistreatment, neglecf, or abandonment of 3 Orciinance No. 5, Series of 1995 such animal; or, impoundment of an animal bec;ause of the owner's inability to r.are for the animal due to incarceration or transport to a medical treatment facility. "QUARANTINE" means the confinement of an animal for observation to detect symptoms of disease. "RABIES REGISTRATION" means the vaccination of an animal with an anti-rabies vaccine administered under the supervision cif a licensed veterinarian, and the retention of a rabies registration certificate by the pet animal owner. "SERIOUS BODILY INJURY" means such injury as defined in 18-1-901(3)(p), C.R.S. "TETHERING" means the tying and leaving of a pet animal upon any property other than the owner's own property. "TRESPASS" means the entry of a pet animal upon any property other than that of the animal, or potentially dangerous animal as defined in this resolution. "VICIOUS ANIMAL" means any dangerous dog, potentially dangerous dog, dangerous animal, or potentially dangerous ariimal as defined in this Ordinance. 3. FAILURE TO PROVIDE PROOF OF RABIES VACCINATION AND REGISTRATION. It shall be unlawful to fail to provide proo-f of annual rabies vaccination and registration for any pet animal possessed in the Town of Vail if the United States Department of Agriculture has licensed a rabies vaccine for the specific animal in question. Such rat?ies registration shall begin when the animal reaches the age of three months, and shall be renevved at one year intervals thereafter. 4. DOG LICENSING REQUIRED. It shall be unl2twful for the owner of any dog over the age of three months to fail to obtain a valid Eagle County idog license after the dog has been kept in the county for any consecutive seven day period witfiin any calendar year. The owner shall obtain a dog license for each calendar year. Dog licenses shall expire on December 31 of the year for which they are issued. Proof of rabies registration and payment of the license fee shall be required before any license is issued. Dogs kept as part of the operation of a pet animal facility licensed by the United States Department of Agriculture or the Colorado DepartmE;nt of Agriculture pursuant to the provisions of Part 1 of Article 80 of Title 35, C.R.S. shall be ex:empt from the licensing provisions of this Ordinance. Such dogs shall not be exempt from the rabies registration requirements of this Ordinance. 4 Ordinance No. 5, Series oi 1995 5. ATTACHMEiVT OF DOG LICENSE TAG TO COLLAR OR HARNESS. It shall be unlawrful to fail to attach a valid dog license tag to the collar or harness of the dog for which the license is issued. Such collar or harness shall be wrorn by the dog at all times when the dog is off 4he premises of the owner. If any dog is unable to wear a collar or harness because of a medical reason certified by a veterinarian, or because the dog is worked in a capaci4y that makes the wearing of a collar or harness hazardous to the dog, the owner of the dog must have the dog tattooed with a tattoo approved by the Animal Control Department. 6. FAILURE TO COiVTROL AiV AfVIMAL. It shall be unlawrful and considered a failure to control an animal when: A. Any dog is off the premises of 4he owner without the presence of a person having physical control of the dog, or, B. Any animal is allowed to become a danger to any person or property, or, C. Any animal trespasses on, or is tethered upon, any public or private property without the permission of a person owning, leasing, or othenwise controlling the property in question. D. Any dog reaches past the perimeter of the owner's premises with its fieeth or claws, or, E. Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner, or, F. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the enclosed animal, or, G. A dog is not under physical control while in the yard of any multiple occupancy building occupied by other persons; or in the common areas of mobile home complexes, apartments, or condominium developments, or, H. Any animal is not under physical control in areas posted as requiring any animal to be on a leash by any agency ofi the federal government, the s4ate of Colorado, or any political subdivision within the state, or, 5 Ordinance No. 5, Series o} 1995 I. Any animal is kept or left in circumstances which constitute negiect, mistreatment, or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal oINner, or, J. Protective custody of any animal is reeisonably necessary. 7. INTERFERENCE WITH AN OWNER'S CONI"ROL OF AN ANIMAL. It shall be unlawful for any person to perform any act which interferes with, prevents, or hinders the efforts of an animal owner to control any of the owner's animals. 8. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER. It shall be unlawful for any person to interfere with, molest, hinder, prevent, or obs;truct an animal control officer when such person can reasonably be expected to know that the officer is in the performance of ciuty pursuant to the provisions of this Ordinance. 9. CONTROL OF DANGEROUS AND POTENTI.ALLY DANGEROUS ANIMALS. A. The director of Eagle County Animal Control and the designees of the director shall have the authority to declare any animal as dangerous or potentially dangerous when the preporiderance of evidence indicates the animal is dangerous or potentially dangerous as defined in this Ordinance. 6. It shall be unlawful for the owner of any animal declared to be dangerous or potentially dangerous to fail to exerc.ise "proper control of a dangerous animal" as defined in this Ordinance. C. Any animal owner shall have the opportunity to request an administrative hearing to show cause as to why the Einimal in question should not have been, or should not continue to be, iJeclared potentially dangerous or dangerous. The burden of proof shall be upon the animal owner to demonstrate beyond a reasonable doubt that the behavior of the animal in question at the time in question did not support the declaration of dangerous or potentially dangerous as those terms are defined in this Ordinance. The director or the designee of the director of Animal Control shall preside at such hearings. Such hearings shall be requested in 'writing by mailing the request to: Eagle County Animal Control, Post Offic:e Box 214, Avon, Colorado 81620. D. Affirmative defenses. An affirmative defense to the declaration of dangerous animal shall be: 6 Ordinance No. 5, Series o1 1995 t (1) That, at the time of an attack by the animal owner's animal upon another animal, the other animal vvas trespassing upon the premises of the animal owner, and the attack began, but did not necessarily end, upon such premises; (2) That, at the time an attack by the animal owner's animal, the other animal was biting or othenwise threatening or attacking the animal owner or the animal owner's animal; (3) That, at the time of an attack by the animal owner's animal upon a person, the person attacked was committing or attempting to commit a criminal offense, other than a petty offense, against the animal's owner, and the attack did not occur upon the animal owrner's premises; (4) That, at the time of an attack by an animal owner's animal upon a person, the person attacked vuas committing a criminal offense, other than a petty offense, against a person on the owner's premises or against the premises itself and the attack began, but did not necessarily end, upon such premises, or, (5) That the person attacked by the animal owner's animal tormented, provoked, abused, or inflicted injury upon the animal. E. 1A/hen probable cause exists to indicate that an animal is dangerous and is not under proper control, any animal control officer may use any available means to ensure that the animal does not endanger any person. Such means shall include the destruction of the animal, if necessary. 10. DUTY TO REPORT ANIMAL BITES AfVD IiVJURY CAUSED BY ANIMALS. It shall be unlawful for any person to fail to report any known information regarding an animal bite or injury caused by an animal to the Eagle County Animal Control Department. The report of the incident shall be made vvithin 24 hours after such information is received, and shall include the name, address, and telephone number of the person making the report. The report may be made by telephone to the animal control office on voice mail. 11. DUTY TO PRODUCE BITING AfVIMAL FOR IiVSPECTION OR QUARANTINE. It shall be unlawful for any animal owner to fail to make available for inspec4ion or quarantine any animal when probable cause exists to believe that the animal has bitten any person. If a quarantine period is necessary, the place of quarantine shall be at the discretion of the Eagle 7 Ordinance No. 5, Series of 1995 - r County Animal Control Department. Any costs incurred as results of a quarantine period shall be the sole responsibility of the animal owner. 12. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION CONTRACT. A. It shall be unlawful to possess any unsterilized dog or cat when such (Jog or cat is required to be sterilized under the terms of any applicable sales or adoption contract, regardless of whetre the contract originated, and, B. It shall be unlawful to fail to comply wii:h any of the terms of an adopfion or fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to such contra.ct. 13. UNLAWFUL RELEASE OF AN ANIMAL. It shall be unlawful to remove any animal from the custody of Eagle County Animal Control without the c,onsent of an animal control officer. "Custody" as used in this section shall be confinement of an animal at the animal shelter or in any county vehicle. 14. IMPOUNDMENT OF ANIMALS. An animal conirrol officer may impound any animal that is not under control under the provisions of this Ordinance, or is not in conformity with any of the provisions of this Ordinance. An animal control officer may impound any potentially dangerous or dangeruus animal that is not under proper restraint. Upon establishing probable cause to believe that an animal is dangerous or potentially dangerous, an animal control officer may perform sijch impoundment prior to notifying the owner, if such owner is not immediately present to exerc:ise proper control of such animal. As soon as practical after the impoundment of any animal, an animal control officer shall make a reasonable effort to notify the owner of the ainimal of the animal's location by telephone, posting of a notice at the owner's residence, or by 4vritten notice mailed to the owner's known address, if the identity of the animal owner is known. If needed to establish the identity of the animal owner, information contained on any identificzition, rabies, or license tag found attached to the animal shall be used. 15. DISPOSITION OF IMPOUNDED ANIMALS. piny animal impounded pursuant to the provisions of this Ordinance, shall become the property of the Eagle County Animal Control after 5 days of impoundment. Each partial day of impoundment shall count as one day. 8 Ordinance No. 5, Series ot 1995 ~ - a Eagle County Animal Control may humanely euthanize any animal at any time prior to the expiration of 4he 5 day impoundment period if 4he animal is extremely injured or ill, or if the animal poses a risk to the health of any person. The owner of any impounded animal may be held responsible for all the costs of impoundment and boarding. 16. FAILURE TO REDEENI OR PAY FINES OR FEES OR COMPLY WITH RELEASE ORDERS AfVD STIPULATIOiVS. It shall be unlawrful for any animal owner to fail to make arrangements for the redemption or surrender of any animal impounded pursuant to the provisions of this Ordinance, or to fail to pay any fees associated with the redemption or surrender of such animal. 17. THREATEiVIfVG OF 1NILDLIFE OR LIVESTOCK. It shall be unlawrful to fail 40 control any animal so as to prevent such animal from running after, chasing, pursuing, biting, worrying, attacking, or threatening wildlife or livestock. Any animal threatening wildlife or livestock may be immediately destroyed at the discretion of any animal control officer. A violation of this section shall require a mandatory court appearance by the animal owner. Upon conviction of any violation of this section, the animal owner shall be required by fhe court to pay restitution for any livestock or wildlife injured or killed by the owrner's animal or animals. 18. IVUISANCE BARKIfVG. A. 14 is unlavvful for any dog owner to fail to prevent his dog from disturbing the peach of any other person by loud, habitual, and persistent barking, howling, yelping, or whining, whether the dog is on or off the dog owner's property. B. It is unlawful to possess any dog that disturbs the peace of any person as described in this section after the dog owner has received a written warning as provided by this section. C. IVo person shall be charged with a violation of this section unless a written warning has been give at least seven days but not more than sixty days preceding the charge. The name and address of the complainant shall appear on the vvritten warning. D. iVo dog owner shall be convicted at trial for a violation of this section unless testimony is presented by at least fiwo complaining witnesses or by one complaining witness and an animal con4rol officer if evidence so merits. 9 Ordinanca No. 5, Series of 1995 6 19. HABITUAL OFFENDER. tt shall be unlawful for any person to become a habitual offender as defined in this Ordinance, and any person so charged may be charged in addition to any other charges brought pursuant to the provisions of this Ordinance and offending animals ordered removed from jurisdiction. 20. ENFORCEMENT. Animal control officers as iJefined in this Ordinance have the authority to issue a summons and complaint or penalty assessment to any alleged violator of this Ordinance. The penalty assessment procedures pursuant to Section 16-2-201, C.R.S. shall be applicable to any penalty assessment issued by an anima.l control officer for Class II petty offenses as described in 30-15-102, C.R.S. Offenses involving bodily injury shall be Class 2 misdemeanor offenses pursuant to the provisions of 30-15-102, C.R.S. A summons and complaint shall be issued for all Class 2 misdemeanor offenses charged. 21. PENALTIES. The following schedule shall apply to offenses charged pursuartt to the penalty assessment procedure: A. For all violations not involving a dangerous or potentially dangerous animal: First offense: $ 40.00 Second offense: $100.00 Subsequent offenses: $150.00 6. For all violations involving a potentially dangerous animal: First offense: $ 75.00 Second offense: $150.00 Subsequent offenses: Mandatory court appearance C. For all violations involving a dangerous dog at large, a habitual offender charge, or threatening of wildlife or livestock: Any offense: Mandatory court appearance Mandatory find upon conviction of $300.00 plus all associated costs and restitution 22. SEVERABILITY. If any of the provisions of this Ordinance or the applicakion thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Ordinance, or the application of such provision to partie:, or circumstances other than thuse to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Ordinance shall be valid and m?v l1g anforrAd to thc f1-,llos: c'wi°M~ ~~~^'~ii~~~ vy l&'rr. ~ ~ 23. If any part, section, subsection, sentence, clau;>e or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portians 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 invalicl. 10 Ordinance No. 5, Series o1 1995 r 5 24. The Tovvn Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of 4he Town of Vail and the inhabitan4s thereof. 25. 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. 26. 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. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED OiVCE IN FULL ON FIRST READING this day of , 1995, and a public hearing shall be held on this Ordinance on the day of ,.1995, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AiVD APPROVED ON SECOND READING AIVD ORDERED PUBLISHED this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. fiNcCutcheon, Town Clerk C:\ORD95.1 11 Ordinance No. 5, Series ot 1995 05 'J, 14 •f6- eAGtt couN`rr Ai'JIMAL CONfROL ,303) 949-4328 P.O. Box 214 Enrorcemenc - Avon. Colorado 81620 ;303; 949-w29~ FAX: (303) 328-7207 Snei!e- ' Ei ;eoel ' ;303; 963-27C3 7.". EAGLE COUNTY, ~OUDRAD0 MEMoRANDUM L dO0 OBSIdd TOVVBV COVBYCIbd b\Oi/8d8\i Mcd.ddbUd\I8V 8\ O T8806'i6dY i'bOO8r88EA8I / 8 8\OMO 86Ob/8d8\b SSI6aGLd.d Ed3GL8A COVbVTY AOYIMA C0NT8\Oi! DATE o FEBRLTAI2Y 14 0 1995 RE o PROPOSED ORDINANCE No 0 5 o SERIES OF° 1995 It is with increased pride that I would enter in support of this proposed ordinance. It reflects a thorough and concise approach to resolving the problems of impacts from our "pet animals". While the draft offered for discussion may need some "word smithing", its intent is clear and the responsibilities of any pet owner is well defined. Other than simple typographical errors and references to certain C.R.S. provisions that may be expanded or referenced in other titles, I offer the following for consideration and direction: 1. No known "DANGEROUS ANIMAL" should be permitted to be kept within the town without specific adjudication from the town's municipal court. Method and manner of control and keeping would be proscribed by court along with requirements for reporting, etc. A possible exception may be that of an animal adjudged "dangerous" in another jurisdiction and then relocated to reside within the Town. This situation could be resolved by an administrative hearing as referenced in 9.(C) on page 6. This would indicate striking of "PROPER CONTROL OF A DANGEROUS ANIMAL" in entirety. 2. Due to the inclination of our seasonal residents and visitors to bring their animals to Town and fail to license them appropriately with the required TOV Dog license, it is recommended that the current elimination period be extended to fourteen days and the phrase "or immediately upon any enforcement action resulting from any violation of this ordinance." be added. Also the tag requirement should be so worded as to allow any desired changes in the administration of the tag program in the-future. 3. Section 6.(A) requires "physical control" and would apply throughout the Town. Some provisions for "free play areas" should be made along with designated signage and provisions for removal of excrement. Failure to comply_with this !'pooper scooper" provision would result in a violation of Section 6.(E). Additionally, Section 6.(G) references common areas of "mobile home complexes". I believe this was a remnant from a document with a broader scope; not for the Town of Vail. Do we have any zoning that would allow such a complex? Again, a recommendation to strike that particular language. . 4. Section 15 references a change in the current practice of holding animals for a 10 day redemption period. It is recommended to adopt the 5 day period but should be considered in light of the current 10 day requirement. 5. Section 18 references Nuisance barking which has become increasingly problematic. The best solution is to provide for a swift hearing in the municipal court. There, "fact" may be found and a resolution be defined through normal court procedures. It is recommended 18 (C) be changed to read "No person shall be charged with a violation of this section unless a written warning has been given at least 72 hours preceding the charge. The name and address shall appear on the written warning." Also it is recommended to strike section 18 (D) and allow the court to more properly address the issue of "fact". 6. Section 21 (C) should also contain the fine for the offense described in section 16, Failure to redeem 7. It is strongly recommended that a section addressing and incorporating language in the current 6.08. et.seq. be adopted with an additional provision that the Town Manager shall promulgate rules and regulations to be a part of any permit, contract or exception to the general prohibition of livestock, horse drawn vehicles or other animal powered equipment (llama, dog, goat, etc.) This also will allow for addressing concerns arising from "petting zoo" and carnival type operations. 8. A section requiring an inspection and regularly renewed license to be issued by TOV for any activity occurring within the Town whic,h is regulated by PACFA of the State of Colorado, other State of Colorado regulations, or USDA is suggested. This inspection and licensing would be in addition to that required by any other agencies. I wish to express my appreciation of your Town Attorney. The attention and wise counsel that he has given to this. difficult task is reflected in the clarity, the ease of understanding and the predicted general acceptance by our residents. We all are aware of how very troublesome Animal Control issues can become. Tom Moorhead's efforts will be positively reflected and are very appreciated by the'professionals who work together in this effort. In reviewing this working draft it is evident that some of it was intended for multiple application. A few changes in references will allow it to be applied specifically to our Town. An initial review by several state and national agencies has indicated a level of acceptance and also has generated enthusiasm to "borrow" the language and scope of this document for application to other governments' attempts to address the complexity of their Animal Control issues. Through the enactment of this ordinance it is not intended to eliminate or control the expressions of ourselves via our pet selection. It is intended to clearly focus the responsibility and liability of the pet owner. It is so constructed to allow flexibility and adaptability without unnecessary prohibition. It, like all other regulation, is only as good as the enforcement. Eagle County is currently considering a document very similar to this proposed ordinance. Some of the differences are solely a result of the Town's ability to address issues more precisely from a "home rule" authority. The adoption of this ordinance would allow for a more prompt resolution to certain contentious issues. Barking, excrement and illtempered or potentially dangerous animals are examples. It should not impact any of the Town's Departments unfavorably. It would simplify some procedures and remove some that tend to only frustrate all who are involved. It will increase some court activity. It does allow for addressing other animals that were not kept in our Town until recently. (Large and potentially dangerous reptiles, venomous snakes, other types of pet animals "not under control") Eagle County Animal Control as your agent and I, personally, encourage adoption of this ordinance. Thank-you. MEMORANDUM FIL E COPY TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 1995 RE: A request for a worksession regarding amendments to Chapter 18.71 (Additional GRFA) and Chapter 18.57 (Employee Housing), deleting the chapter providing for Additional GRFA (the 250) and incorporating the 250 GRFA allowance in the Employee Housing Chapter of the Zoning Code, to be used exclusively for deed-restricted employee housing. Applicant: Town of Vail Planner: George Ruther ax. 0. WROD9.DCT10N At the request of the Vail Town Council, the planning staff was asked to initiate revisions to the existing 250 Ordinance (Additional GRFA). In response to the Council's direction, the planning staff researched the ten year history of the 250, analyzed the future development potential of the 250 and proposed possible alternatives to the existing 250 ordinance at a Planning and Environmental Commission (PEC) worksession on December 19, 1994. In response to the feedback received from the PEC and the public at the worksession, staff has focused the code changes on employee housing and has proposed amendments to Chapter 18.71 (Additional GRFA) and Chapter 18.57 (Employee Housing). The purpose of this memorandum is to summarize the discussion at the PEC worksession and to identify the proposed amendments to Chapters 18.71 and 18.57. 88• SIBMN1ARV OF THE DECEMBER 19, 1994 PEC VVORKSESSBOBV D9SCl1SSION WIT9i THE S'TAFF'S RESPONSE At the December 19, 1994 worksession, the PEC members suggested possible amendments to Chapters 18.71 and 18.57. The PEC members proposed the following changes: 1. That the 250 Ordinance and Employee Housing sections of the Municipal Code be amended to allow the additional 250 square feet only when used in conjunction with a deed restricted Type I, Type II, Type V employee housing units. Staff's response: In response to this request, staff has proposed to eliminate Chapter 18.71 (additional GRFA) and incorporate portions of the additional GRF,4 section into the Emp/oyee Housing chapter (18.57) of the Town of Vail Municipa/ Code. The major changes associated with this action is that the additional GRFA is now only availab/e when associated with an employee housing unit and that the review is no longer the responsibility of the DRB. Instead, the PEC now reviews all 250 requests. 9 2. That the intent/purpose statement of the 250 c;hapter be amended to more specificalty describe what the 250 square feet of GRFA could be used for. Staff's response: Staff has amended the purpose statement of the 250 to more specifically indicate what the 250 square feet of GRFA is intended to tae used for. The staff has identified that the intent of the proposed 250 amendments are to provide an additional incentive to developers and propetty owners to create employee housing in the Totvn of Vail. The Town of Vail recognizes the importance of a permanent year-round population to the sustainability and continued viability of the cornmunity. 3. That the 250 should be eligible for all property owners of lots with less than 15,000 square feet. Staff's response: The 250 square feet of adofitiona/ GRFA wou/d remain available fo owners of lots with less than 15,000 square feet of lot area. Currently, the 250 is available to a property orvner of a lot /ess than 15,000 square feet if the owner chooses to construct a secondary unit and restrict r'riat unit to employee housing. The staff believes that the purpose of the 250 is to provide an incentive for employee housing units and that there needs to be a direct connection between employee housing ,snd additional GRFA. 4. That the existing 250 Ordinance should not be. repealed entirely, instead, that only the demo/rebuild amendment to the 250 Ordinance be repealed. Staff's response: The 250 ordinance is not being repea/ed entirely; it is simply being amended and incorporated into the employee housing chapter of the code to allow for the additional 250 square feet when used in the construction of a Type l, Type ll, Type V employee housinc? unit. III. PROPOSED AAAENDMENTS TO CHAPTER 18.71 AIND CHAPTER 18.57 Upon review of the PEC's suggestions, staff has made the following changes to the 250 and Employee Housing Ordinances: 1. Chapter 18.71 has been removed from the Toinrn of Vail Municipal Code. The additional 250 square feet of GRFA has been incorporated into Chapter 18.57 (Employee Housing) under the subsection titleid "Additional Gross Residen'tial Floor Area for Type I, Type II, Type V Employee FOousing Units." . 2. The intent/purpose statement of the additional 250 square feet has been amended to read: 18.57.095 A. Purpose To provide an incentive for the creation of Type I, Type II, Type V, deed restricted, full-time employee housing units within the Town of Vail by permitting the addition of up to two hundred fifty square feet of gross residential floor area ("GRFA") to such units, provided the criteria set forth in this section are met. This section does not assure each deed restricted employee housing unit located within the Town of V.ail an additional two hundred fifty square feet, and propo;sals for any additions hereundpr shall be reviewed closely with respect to site planning, impact on adjacent properties, and application Town of Vail development standards. The two hundred fifty square feet of additional GRFA may be granted to Type I, Type II, Type V employee housing units only once, but may be requested and granted in more than one increment of less than two hundred fifty square feet." , 2 3. The procedure which an applicant must follow to obtain additional GRFA for employee housing has been amended in the following ways: 4. The criteria for receiving an additional 250 square feet of GRFA for an employee housing unit has been amended as follows: A. The 250 shall be limited to deed restricted employee housing units as set forth within this chapter (18.57). B. An employee housing unit woaald not need to have at least five years pass from the date a Temporary Certificate of Occupancy was issued, or a minimum of six years from the date the original building permit was issued for construction to be eligible for the 250 square feet of GRFA. The 250 square feet of GRFA would now be available to the property owner immediately. 5. Section 18.71.030 (Multi-Family Dwellings) has been eliminated. Therefore, 250's are no longer allowed in multi-family dwellings in the Town of Vail. 6. Applications for additional GRFA shall be reviewed by the PEC prior to review of the proposed project by the Design Review Board (DRB). Any applicant vvho . applies for an additional two hundred fifty square feet of GRFA for the purpose of constructing employee housing, shall be required to submit a Conditional Use Permit application, however, shall not be required to pay a Planning and Environmental Commission application fee. c:\pec\memos\2500rd. 123 3 Chapter 18.57 EMPLOYEE HOUSING Sections: 18.57.010 Purpose. 18.57.020 Employee housing units (EHU) genE!rally. 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. 18.57.080 Type V- Employee housing unit. 18.57.095 Additiona/ gross residentia/ floor an'a for Type l, Type ll and Type V 18.57.010 Purpose. The Town of Vail's economy is largely tourist based zind 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 consistently avail<ible 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 its role in conjunction with the private sector in ensuring housinci is available. 18.57.020 Employee housing units (EHU) generally. A. A chart2 attached to this chapter and incorporated herein by reference illustrates thEl requirements for each type of EHU. B. No employee housing unit which is constructed in acc:ordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's may be leased, but only to tenants who are full-time employees who work in Eagle Counry. An EHU shall not be leased for a period less than thirry consecutive days. For the purposes of this section, a full-time employee is one who works an average of a minimum of thirty hours each iNeek. 1. A Type I EHU may be sold, transferred, or corsveyed separately from any single-famiiy or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type II EHU shall not be sold, transferred, cir conveyed separately from the single-family or two-family dwelling it is locateci within or attached to. 3. A Type III EHU may be sold, transferred or conveyed separately from other dwelling units or employee housing units that rnay be located on the same lot or within the same building in which the Type III EHU is located so long as it meets the condition set forth in Section 18.57.1360 B, 11 of this chapter. 4. A Type IV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type IV EHU is located. 5. A Type V EHU shall not be sold, transferred or conveyed separately from the single-family dwelling it may be located within or attached to. 4 0 D. Reserved. E. fVo 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 chapter shall submit two copies of a report on a form to be obtained from the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. F. No property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 B4, 18.57.050 65 or 18.57.080 B3 of this chapter. G. All trash facilities shall be enclosed. H. All surface parking shall be screened by landscaping or berms as per Design Reviewr Guidelines, Section 18.54.050 D3. 1. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. J. The provisions as set forth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a written agreement in a form approved by the Town Attorney which shall run with the land and shall riot be amended or terminated without the written approval of the Towrn of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shatl be no interior access from any EHU to any dwelling unit it may be attached to. L. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. M. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition, to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. (Ord. 27(1992) 1-3" Ord. 8(1992) § 4(part).) 18.57.030 Applicability. 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 and all other requirements of the Town of Vail Municipal Code. B. VVhere the provisions or requirements of this chapter conflict with the provisions or requirements set forth in any zone district or any other requirements of the Town of Vail Municipal Code, the provisions of this chapter shall control. (Ord. 8(1992) § 4(part).) 18.57.040 Type s-Employee housing unit. A. Purpose. To allow for construction of an EHU on lots in the Primary/Secondary Residential and Two-Family Residential zone districts which do not meet the minimum lot size requirements for said zone districts. 5 B. General Conditions. A Type I EHU shall comply with the following general provisions: 1. It shall be a permitted use in the Primary/Seccmdary Residential, and Two- Family Residential zone districts. 2. It shall be allowed on a lot that is less than fifl:een thousand square feet in tntal site area. 3. It shall be one of the dwelling units in a two-fa:mily dwelling pursuant to Section 18.54.050 I design guidelines duplex and primiary/secondary development. It may also be located in, or attached to, an exi;;ting garage provided the garacle is not located within any setback, and further provided that no existing parking required by the Town of Vail Municipal Code i;s reduced or eliminated. 4. It shall not exceed forty percent of the tota! GRFA allowed on the /ot. An applicant, however, shall be permiited to apply to the Community Development Department of the Town of Vail for additional i3RFA (18.57.095) not to exceed iwo hundred fifty square feet to be used in the! construction of the EHU. The secondary unit may exceed the 40% maximurn by 250 square feet. 5. A Type I EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from any single-family, or finro-family dwelling it may be a part of so long as it meet:s the following conditions: a. It must be used by the owner of the EHU as a permanent residence. For the purpose of this subsection, a permanent residence shall meaii the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. b. If a Type I EHU is sold, transferred or c:onveyed separately from the other unit in a two-family dwelling it is a part of, then both the Type I EHU and the unit to which it is attache(J shall be subject to all the provisions set forth in Section 18.57.020 F, G, H and K of this chapter. 6. No less than fifty percent of the parking requiriad for the Type I EHU by the Vail Municipal Code shall be enclosed. 7. It shall be entitled to a GRFA credit of four hundred twenty-five square feet, as set forth in Sections 18.12.090 A. and 18.13.080 A. of this code. 8. If a Type I EHU is sold separately from tne two-family dwelling it is part of, then the provisions as set forth in Section 18.57.021) subsections B, C and E as well as Section 18.57.040 B, 5 a. and B. shall be incorporated into a written 6 ~ . agreement applicable to both the Type I EHU and the dwrelling unit to which is attached in a form approved by the Town Attorney which shall run writh the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. . 9. Thirty days prior to the transfer of a deed for a Type I EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.040 B 5 a. and shall include an affidavit affirming that he or she meets these criteria. C. Application. Any person who wishes to construct a Type I EHU, without requesting the use of the additiona/ GRFA, shall submit an application for Design Review Board approval to the Community Development Department containing the following information: 1. The name and mailing address of the applicant. 2. The written consent of the owners of the lot or property to be included in the application or the written consent of their agent or authorized representatives. For the purposes of this subsection, agent or authorized representative shall mean any individual or association authorized empowered in writing by the property owner to act on his or her behalf. If any of the property to be included is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owner if allowed by all pertinent requirements of the condominium association's declarations. 3. The legal description and street address of the lot or site for which the proposal is made. 4. A list of the owner or owners of record and their mailing addresses for the properties adjacent to the property which is the subject of the hearing. D. Review. The application shall be reviewed by the Design Review Board in accordance with Chapter 18.54-Design Review of the Town of Vail Municipal Code. 18.57.050 Type UV - Employee housing uni4. A. Purpose. To allow for the construction of an EHU on lots in the Single-Family Residential, Two-Family Residential, and Primary/Secondary Residential zone districts which meet the minimum lot size requirements for said zone districts. B. General conditions: 1. It shall be a conditional use in the single-family residential, two-family residential and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. 2. It shall be permitted only on lots which comply with minimum lot size requirements of the zone district in which the lot is located. 7 3. It shall be located within, or attached to, a sinigle-family dwelling or be located within, or attached to, a two-family dwelling pursuant to Section 18.54.050 I- design guidelines duplex and primary/secondziry 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 not be counted as a dwelling unit for tfie purposes of calculating density. However, it shall contain kitchen facilities and a bathroom, as defined in Chapter 18:04 - Definitions of the Vail MuniciFial Code. It shall be permitted to be a third dwelling unit in addition to the two clwelting units which may already exist on the lot. Only one Type II EHU shall t?e allowed per lot. 5. It shall have a GRFA not less than three hunolred square feet, nor more than nine hundred square feet. An applicanf, however, shall be permitted to apply to the Community Development Department of the Town of Vail for addifional GRFA not to exceed two hundred fifty square feet to be used in the construction of the EHU, pursuant to Section 18.57095. The employee housing unit may not exceed the 900 square i`eet maximum, even if the 250 is used. 6. It shall have not more than two bedrooms. 7. No more than two adults and one child not olcier than sixteen years of age shall reside in a one bedroom Type II EHU. No mcrre than two adults and two . children not older than sixteen years of age shall reside in a finro bedroom Type ' II EHU. 8. Each Type II EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type II EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. If no dwelling exists upon the property lnrhich 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, not less than one of the parking spaces required by this subsection shall be ericlosed. A three hundred square feet GRFA credit shall be allowed for the cons;truction of one enclosed parking space for the Type II EHU. (Ord. 8(1992) § 4(part).) 18.57.060 Type III - Employee housing unit. A. Purpose. To allow for the construction of EHUs in multiple family and mixed-use zone districts. B. General conditions. 1. It shall be 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, Publir, Use, and Ski Base/Recreation zone districts. 2. It may be constructed on legal nonconforming lots and sites as well as on lots and sites which meet the minimum lot size requirements in the zone district in which it is located. 8 S ' J 3. It shall be counted as 0.5 dwelling units for the purposes of calcutating density. The number of Type III EHUs shall be determined by the Planning and Environmental Commission as part of the conditional use permit reviewr process set forth in Section 18.60.060 - Criteria - Findings. 4. It shall have a GRFA of not less than four hundred fifty square feet and not more than nine hundred square feet. 5. It shall have kitchen facilities and a bathroom as defined in Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail. 6. It shall have no more than two bedrooms. 7. fVo more than two persons for each bedroom located therein shall reside in a Type III EHU. 8. It shall be required to have one parking space for each bedroom. However, if a one bedroom Type III EHU exceeds six hundred square feet it shall have two parking spaces. Any guest parking requirements shall be determined by the Planning and Environmental Commission as a part of the conditional use permit review process set forth in 18.60.060. 9. It shall not be entitled to additional GRFA in accordance with Section 18.57095 Additional Gross Residential Floor Area for Type l, Type ll and Type V Employee Housing Units. 10. GRFA shall be determined as set forth in Section 18.04.130 B. of this code. 11. A Type III-EHU may be rented in compliance with Section 18.57.020 or it may be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type III EHU is located so long as it meets the following conditions: a. It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, wrhenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real properry, and motor vehicle registration. b. If a Type III EHU is sold, transferred, or conveyed separately from the other dwelling units and/or Type III employee housing units in a multifamily structure it is a part of, or from other dwelfing units and/or Type III EHUs located on the same lot, the Type III EHUs in the structure or on that lot shall be subject to all the provisions set forth in Section 18.57.020 F, G, H and K of this chapter. 12. If a Type III EHU is sold separately from other dwelting units and/or Type III employee housing units in a multifamily structure it is a part of, or from other dwelling units and/or Type III EHUs located on the same lot, the provisions as set forth in Section 18.57.020 subsections B, C and E as well as Section 9 ~ . 18.57.060 B, 11 a. and b. shall be incorporatE:d into a written agreement appticable to the Type III EHU in a form approved by the Town Attorney which shall run with the tand and shall not be ameniJed or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. 13. - Thirty days prior to the transfer of a deed for ;a Type III EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.060 E3, 11 a and sha11 include an affidavit affirming that he or she meets these criteria. (Ord. 31(1993) § 1: Ord. 27(1992) 6, 7: Ord. 8(1992) § 4(part).) 18.57.070 Type IV - Employee housing unit. A. Purpose. To allow for the construction of EHUs in multifamily and mixed-use zone districts which are similar to studio dwelling units. B. General conditions. 1. It shall be 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 tll, - Commercial Service Center, Arterial Business District, Parking District, Public Use, and Ski/Base Recreation zone districts. 2. It may be constructed on legal nonconforming lots and sites as well as on lots and sites which meet the minimum lot size requirement in the zone district iri which it is located. 3. It shall be counted as 0.333 of a dwelling unit for the purposes of calculating density. The nurriber of Type IV EHUs shall be determined by the Planning and Environmental Commission as part of the conditional use permits review process set forth in Section 18.60.060 - Criteriia - Findings. 4. It shall have a GRFA of not less than two hundred square feet and not more than three hundred square feet and shall include a bathroom and a kitchenette as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. 5. Each building which contains a Type IV EHU :shall contain a storage locker riot less than five feet width x six feet height x five feet length (one hundred fifty cubic feet) in size for each Type IV EHU contained therein, and not less than one washer and dryer for common use by eac:h eight EHUs located therein. In no event shall less than one washer and dryeir be provided in a building with less than eight EHUs. 6. No more than one person shall reside in a Type IV EHU. 7. It shall be required to have one parking space. Guest parking requirements shall be determined by the Planning and Environmental Commission in accordance with the conditional use permit reNriew process set forth in Sectian 18.60.060 Criteria - Findings. 8. It shall not be entitled to additional GRFA under Section 18.57.095 Additional Gross Residential Floor Area for Type l, Type ll and Type V Employee Housing Units. 9. GRFA shall be determined as set forth in Secition 18.04.130 B. of this code. (Ord. 8(1992) § 4(part).) . 10 5 98.57.080 Type - Employee housing uni4. A. Purpose. To allow for construction of an EHU on lots in the Hillside Residential zone district. B. General conditions. A Type V EHU shall comply with the following general conditions: 1. It shall be a permitted use in the Hillside Residential zone district. 2. It shall be one of the dwelling units in a two-family dwelling pursuant to Section 18.54.050 I. 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. It shall not be a separate free-standing structure. 3. It shall have a GRFA of not more than one thousand two hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additional GRFA (18.57.095) not to exceed two hundred fifty square feet to be used in the construction of the EHU. lf the 250 is used, the total size of the emp/oyee housing unit shall not exceed 1,200 square feet. 4. IVo less than fifty percent of the parking required for the Type V EHU by the Vail Municipal Code shall be enclosed. 5. It shall be entitled to a GRFA credit of four hundred twenty-five square feet as set forth in Section 18.09.080 of this code. (Ord. 8(1992) § 4(part).) 98.57 095 Adcii?ional Gross Residential Floor Area for Type l, Type ol and Type V Emp/oyee Housing Q9nits. A. PuPpose. To provide an incentive for the creafion of Type l, Type ll and Type V deed restricted, employee housing units within the Town of Vail, by permitting fhe addition of up to two hundred fifty square feet of gross residential floor area ("GRFA") to such units, provided the criteria set forth in this section are met. This section does not assure each deed restricted employee housing unit, located within the Town of Vail, an additiona/ two hundred fitty square feet of GRFA, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and application Towrn of Vail development standards. The two hundred fifty square feet of additiona/ GRFA may be granted to Type l, Type ll and Type V emp/oyee housing units only once, but may be requested and granted in more than one increment of less than two hundred fifry square feet. B. CritePia. Before such additional GRFA can be granted, the Type l, Type ll and Type V EHU shall meet the following criteria: A. The employee housing unit shall be deed restricted as set forth within this Chapter (Employee Housing). 11 , B. Proposa/s for the utilization of the additiona/ C3RFA under this provision shaH comply with a11 Town of Vail zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be reviewed and approved by the P/anning and Environmental Commission pursuant to Chapter 18.62 before an application is made in accoro'ance with this chapter. Any single family dwelling or two family dwelling which is totally demolished or removed shall: (1) be replaced with any prior existing nonconforming uses or development standards totally eliminated; (2) obtain a building permit within one year of fina/ Design Review Board approval oi, the approval for additiona/ GRFA shall be voided; (3) be allowed a maximum of the GRFA allowable by zonincr, plus a maximum of two hundred fifty additional square feet. C. Adjacent property owners and owners of dwelling units on the same lots as fihe applicant shall be notified of any application u.nder this chapter that involves any external alterations to an existing structure. Notification procedures shall be as outlined in Section 18.66.080 of the zorling code. D. If any proposal provides for the conversion of a garage or enc/osed parking area to GRFA, such conversion will not be allowed un/ess a new garage or enclosed parking area is also proposed. Plans for a new garage or enclosecI parking area shal( accompany the application under this chapter, and shall be constructed concunently with the conversion. E. Any increase in the parking requirements as set forth in Chapter 18.52, due to - any GRFA addition pursuant to this chapter, shall be met by the applicant. F. All proposals under this section shal/ be required to conform to the Design Review Guidelines set forth in Chapter 18.54 of the Vail Municipal Code. Any Type l, Type ll and Type V emp/oyee housing unit for which an addition is proposed shall be required to meet the minimum Town of Vail landscaping standards as set forth in Chapter 18.54 of the Vail Municipa/ Code. Before any additional GRFA may be permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing dwelling unit and sifie, including landscaping to determine whether they comply with the design review guidelines. Staff shall determine if there are any deficiencies on-site with respect to the Design Review Gurdelines, and shall require thaf they be brought into conformance during construction. Examples include overhead uti(ity lines, unpaved driveways. etc. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this criapter until all required improvements to the site and structure have been completed as required. G. The provisions of this section are applicable only to GRFA additions to Type l, Type ll and Type V employee housing units. No pooling of gross residential floor area shall be allowed. No application for additiona/ GRFA shall request more than two hundred fitty square feet of gro,ss residential floor area per Type l, Type ll and Type V employee housing unit. C. Procedure. The following procedure shall be followed by anyone iNishing to obtain additional GWFA pursuant to this section: A. Applicants shall be required to submit: 12 3 a 1. A Conditiona/ Use Permit applicafion, however, the applicant shall not be required to pay a P/anning and Environmenta/ Commission application fee. 2. Information and plans as set forth and required by Section 18.60. B. Upon receipt of a comp/eted application form and other required information, a member of the staff of the Community Development Department will make a site visit to assess the exrsting condition of the site with regard to the Town of Vail landscaping and site improvemenf standards set forth in Chapter 18.54 (Design Review). In applicable cases, the staff of the Community Deve/opment Departmenf shall submit its recommendations regarding the site and structure improvements and landscaping to the P/anning and Environmental Commission. C. If the Community Development Department staff determines that the site for which the application was submitted is in compliance with Town of Vail landscaping and site improvement standards, the applicant shall proceed as °follows: 1. Applications for GRFA additions involving exterior changes to a building shall be reviewed by the staff and the Planning and Environmental Commission, and the Design Review Board in accordance with the provisions of Chapter 18.54. D. If the Community Development Department statf determines that the site for wrhich additiona/ GRFA. is applied for pursuant to this chapter does not comp/y with minimum Town of Vail landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additiona/ GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Town of Vail minimum standards, which plans and materials shall be reviewed by and approved by the Community Development Department, the Planning and Envrronmental Commission and the Design Review Board. E. Upon receiving the necessary approvals pursuant to this chapter, the appiicant shall proceed with the securing of a building permit prior to beginning the construction of additional GRFA. F. Any decisions of the Community Development Department staff pursuant to this chapter may be appealed by any applicant in accordance with the provisions of Section 18.66.030 of the Town of Vail Municipal Code. ' 13 i 0 ie e~ TUi-VN OF VAIL , 75 South Frontage Road Office of Tnivn Attorney Vail, Colorado 81657 303-479-21071 FAX 303-479-2157 fViE fViORAftI D U Ni TO: Planning & Environmental Commission FROM: R. Thomas Moorhead DATE: January 23, 1995 RE: Removal of Chapter 18.71, Additional Gross Residential ":cor Area Constitute a"Taking" of a Developmen4 Right Ladies and Gentlemen, George Ruther explained that your Commission had questions as 40 whether the removal of the opportunity to develop an additionaf 250 sq. ft. of gross residential floor area, single family dvuellings and dwelling units would constitute the taking of a prcperty right which would require compensation. My answer to that question is no. The Town of Vail has comprehensive zoning which promotes widespread public bene:`it. VNithin that zoning the Touvn of Vail regulates the gross residential floor area that is permitted +r dwelling units. In 1985 an excep4ion to the comprehensive zoning was created for an expressed public purpose. That exception was to allouv, under certain circumstances, an additional 250 sq. fit. of GRFA to provide an inducement for the upgrading of single family dwellings and dwelling units in existence for more than five years. The Chapter expressly states that it does not assure each single family dwetling unit an additional 250. A land use regulation cons4i4utes a taking under the Colorado and United States constitutions if it prevents all economically viable use af the property. Regulation wrhich does not prevent all economic use may also constitute a taking if it goes "toDfar." The determine of whether a regulation goes "to far" for purposes of the Fifth Amendment is essentially an "ad hac, factual" inquiry. Several facfors should be taken into account when determining whether a governmental action has gone beyond "regula4ion" and affects a"taking." Those factors are: "the character of the governmental action, it's economic impact, and iYs interference uvith reasonable investment- backed expectations." Expectations of unregulated use are unreasonable when an extensive regula4ory scheme is in place at the time of investment. k. There is no question that the removal of this provision woulcl not prevent all econcmicaiiy viable use of the property. It in fact places no additional restriction:: on the property than those that are already in place through the comprehensive zoning. What ii: does do is remove an exception to the comprehensive zoning. "Government could hardly go on if to some extent values incident to property ccu?d rat be diminished without paying for every such change in the general law... But... the impiied limitation must have its limits...when it reaches a certain magnitude, in most ir not all cases there must be an exercise of eminent domain and vampensation." 260 U.S. at 413. I do not believe that the removing of t - regulation in question would reach such a magnitude that it could be determined that any pror =--y owner would be enititled to compensation. A proF>erty owner does not establish a"taking" tiy showing that they hai/e been denied the ability io exploit a property interest that they heretofore had believed was available for development. A land owner does not have an investment-backed expectation protected by the taking clause when a regulation destroys only "one strand" in the property bundle of rights. All land use controls must advance a legitimate governmental interest that serves The public health, safety, morals and general welfare. Comprehensive :zoning has been found to meet that substantive due process requirement. Since the Town would be assuring its previously determined zoning requirements as far as densitv and because removal of the Chapter would not pilace additional restrictior!s on the pre ;-:=-Y and the economic loss would be insignificant in relation to the value of the property, it is :)inion that removal of the opportunity to develop and eidditional 250 sq. ft. of GRFA would not .-i>~.;titute a regulatory taking. Thank you. RAM/aw cArnouimm»m ;i 1 r AflEMORi46VDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 19, 1994 ' RE: A request for a dvorksession for an amendment to Section 18.71 (Additional GRFA) and Section 18.57 (Employee Housing), to delete the section providing for Additional GRFA (the 250) and to incorporate the 250 GRFA allowance in the Employee Housing Section of the Zoning Code, to be used exclusively for deed-restricted employee housing. Applicant: Town of Vail Planner: George Ruther V. 9BdTRODUCTBON At the request of the Vail Town Council, the planning staff was asked to initiate revisions to " the existing 250 Ordinance (Additional GRFAj. The Council has proposed that the existing 250 Ordinance be revised to allow the additional 250 square feet of GRFA only when proposed in conjunction with an approved, deed restricted employee housing unit. Revisions, therefore, would need to be made to both Chapter 18.71 (Additional GRFA) and Chapter 18.57 (Employee Housing) of the Town of Vai! Municipal Code. Any changes to the 250 Ordinance would require a recommendation from the Planning and Environmental Commission (PEC) and two readings of the ordinance change before the Town Council at public hearings. This memorandum provides a brief history of the 250 ordinance, the results of staff's research into all the 250's approved in the Town of Vail, the future development potential of the ordinance and proposed alternatives to the existing 250 ordinance. I0. HBSTOEiV OF THE: 250 The 250 Ordinance was originally approved by the Town Council in March of11985 (Ordinance 5, Series 1985). According to Chapter 18.71, Section 18.71.010 of the Municipal Code, in part, the purpose of the 250 square feet of additional GRFA is to: "proyide an inducement for the upgrading of single family dwellings and dwelling units which have been in existence within the Town of Vail for at least five years by permitting the addition of up to 250 square feet of Gross Residential Fioor Area to such single family dweilings and dwelling units. The 250 square feet of additional GRFA may be granted to single family dwellings, two family and multi-family dwellings only once, but may be requested and granted in more than one increment of less than 250 square feet. Chapter 18.71 does not assure each single family dwelling or dwelling unit located within the Town of Vail an additional 250 square feet, and proposals for any additional GRFA shall be reviewed closely with respect to site planning, impact on adjacent properties and applicable Town of Vail develppment standards." V ~ i Additionally, the 250 Ordinance was adopted as a result of an increasing number of density (GRFA) variance requests for small additions to existing resiciences that had atready reached their full development potential. The majority of the GRFA variance requests were denied since the appVicants had difficulty in meeting the criteria and 'findings required in order for the PEC to grant a variance. As a result, the planning staff was directed to create an ordinance allowing propertjr owners to receive additional GRFA. In the nearly ten years since the adoption of the 250 Ordinance, the Ordinance has been amended only once (Ordinance 36, Series 1988). In December of 1988, the Vail Town Council approved, upon second reading, an amendment.to tt-ie purpose Section (18.71.010) of the 250 Ordinance allowing 250 square feet of additional GRFA to be used in single family dwellings which are totally removed and replaced (aemo/rebuiild). This was considered to be "the ultimate remodel" of an existing building. In 1991, a request was made by the Town of Vail to repeal Chapter 18.71 of the Municipa! Code. The repeal request of Chapter 18.71 was made in response to a report completed by the Zoning Code Revision Task Force. In a memorandum prepared for the PEC, the Zoning Code Revision Task Force identified.two main issues, or problems which exist with the 250 Ordinance. The two main issues, or problems, are with the dlemo/rebuild provision and variances in conjunction with 250 requests. The conflicting is;sue relating to the demo/rebuild provision revolves around the notion that a demo/rebuild project is inconsistent with the original intent of the ordinance. The Task Force felt that the intent of the 250 was to provide an "inducement" to upgrade existing buildings and that a demo/rebuild is not in keeping with the original intent of the ordinance to upgrade existin buildings. The conflicting issue associated with variances, in conjunction with 250 requests, i;s that it is inconsistent to grant a site development variance (i.e. site coverage, setback, etc.) in order to allow a property owner to add GRFA in excess of what is permitted on a particular property by the Zoning Code. ft was the opinion of the Task Force, at that time, that if the twc> main issues or problems associated with the 250 Ordinance could be resolved, the 25() Ordinance should remain. If not, the 250 Ordinance should be repealed. The Task Force recommended a repeal of the entire 250 Ordinance. At the April 8, 1991 PEC meeting, the planning staff presented the Task Force's recommendation to repeal the entire 250 Ordinance (Ordinance No. 9, Series of 1991). , After a lengthy public hearing with comments being heard from a number of citizens expressing concern. over the proposed repeal of the 250 Ordinance, a motion was made. The motion. made was to modify the existing 250 Ordinance as opposed i:o repealing it entirely as was recommended by the staff and the Zoning Code Revision Task Force. The motion was seconded. After discussion on the motion was completed, ari amended motion was made aind read as follows: "That the ordinance be sent to the Town Council with a recommendation of denial of the staff recommendations in order for the ordinance to return to the Zoning Code Task Force to clarify the issues." A vote was taken and the motion passed by a vote of 4-1. A copy of the PEC memorandum and the minutes from the April 8, 1991 PEC meeting has been provided for your reference (Exfiibit D). 1 ' t ! At the regular evening meeting of the Town Council on April 16, 1991, the Town Council heard discussion on Ordinance IVo. 9, Series of 1991, first reading, an ordinance to repeal Chapter 18.71 of the Town of Vail Municipal Code. Staff presented the ordinance and the recommendation of the PEC to deny the ordinance as proposed. Public input on the ordinance was then heard by the Council and a motion followed. A motion was made to deny Ordinance No. 9. A vote was taken and the motion passed 4-2. A copy of the Vail Town Council minutes has been provided for your reference (Exhibit E). VBV. 250 RESEAEiCH . In response to the Town Council's request of staff to initiate revisions to the existing 250 Ordinance, the planning staff conducted an investigation of all 250's approved in the Town of Vail. The methodology of the investigation was to research and review all of the Design Review Board (DRB) agendas and minutes, and other appropriate planning files, and document all of the 250 approvals granted between 1985 and November 1994. The purpose of the 250 Ordinance research was to answer the following questions as they relate to the 250: 1. What is the distribution of approved 250's throughout the Town? 2. How many 250's have been approved in the Town of Vail? 3. What is the total number of square feet approved with each 250 request? 4. What was the use of the additional 250 square feet? 5. Vllere property upgrades (paving, landscaping, undergrounding of utilities, etc.) required with the approval of the 250 request? 6. Was the additional square footage an interior or exterior improvement? Documentation of the 250 research has been provided (Exhibit E). VV. DEVELOPflIVENT POTENTBe4L In January of 1994, the Town of Vail Community Development Department prepared the "Town of Vail Development Statistics". The purpose of preparing the Development Statistics was to determine the existing and future potential residential development in the Town of Vail, in terms of the number of dwelling units. The Development Statistics figures represent an approximate count of the number of units in the Gore Valley today, as well as provide an approximate account of how many units could be built in the Valley in the future. According to the Development Statistics, 4,942 multi-family units currently exist and a potential of 237 multi- family units remains; resulting in a total multi-family development potential of 5,179 units. Similarly, 1,757 single family, duplex and primary/secondary units exist in the Town today. The future potential of 853 units remain; resulting in a possible total 2610 single family, duplex and primary/secondary units in the Town of Vail. . ? The results of Staff's research into the 250 Ordinance indicates that since 1985, when the 250 Ordinance was originally adopted by the Council; until November, 1994, 176 250's (65 interior/111 exterior) have been approved, resulting in a total of 38,252 square feet of additional GRFA being added within the Town of Vail (Exhibits A and B). The average square footage of an approved 250 during that time period is 221 square feet. Furthermore, staff's research indicates that of the 176 approved 250's, 26 (or 15% of the approved 250's) required some form of upgrading to the applicant's property (IExhibit C). A map illustrating the spacial distribution of all 250's approved in the Town of Vail from 1985 to November 1994 was also prepared by staff. Staff used thE; information gathered during the research process of the 250 Ordinance to create the map to illustrate how many 250's have been approved in three areas of town. The three areas of town identified on the map are East Vail, West Vail, and Mid-Vail. Results of the map preparation indicate that twenty-three 250's were approved in East Vail, eleven have been approved in W'est Vail, and one hundred forty- two have been approved in the Mid-Vail area of town (see map). Lastly, when the results of the 250 Ordinance research are combined with the figures represented in the "Town of Vail Development Statistics", staff can infer the future additionaf square footage of the 250 Ordinance. The table below illustrates the results when the figures represented in the Development Statistics are combined with the 250 Ordinance research completed by staff: j# OF 250'S GRFA THAT COULD 8E ADDED iEXISTINGIPOTENTIALj# OF D.U.'S @ IAPPROVED I#OF D.U.'S STILL WITHIN THE TOWN OF VAIL TYPE OF DWELLING UNIT (D.U_) _4D_U_ _!D.U. --'BUILD OUT jSINCE 1985 IELIGIBLE FOR A 250 UNDER THE 250 ORDINANCE - ~ - - - • - r---- - r- - - -----ry--- ---ry---~ Single Family_Duplex, Prima /Seconda - 17571 853'- - - - - - - - - - I 2010i_ 11-I, 24991 624750 - ~ i - - - - - - Multi Famil I 4942i _ 5179 - - ~ - - ---f 237 - ~ 615 5114 ~ 1278500 - - - ' TOTAL 6699 ;:;1090 7789 ' ` 17E> ; . 751:3 _ ~9(J32D V. PROPOSED CHANGES TO THE 250 ORDINANCE The planning staff has prepared four alternatives to the current 250 Ordinance. The four alternatives includes: 1. Amend the 250 Ordinance to allow the addii:ional GRFA on a site only when associated with an approved, deed re:stricted employee housing unit; 2. Entirely eliminate the 250 Ordinance (Chapter 18.71) of the Town of Vail 9Nunicipal Code by repealing Ordinance No. 5, Series of 1985 and Ordinance No. 36, Series of 1988; 3. Amend the 250 Ordinance to allow all property owners to add GRFA to their property, but the additional square footage would be limited to the interior of the structure only; 4. BVo actian, make no revisions to the 250 Orclinance and allow property owners to continue applying for additional taRFA as they currently are permitted under Chapter 18.71 (Additional CiRFA). . "Y 5 Each of the four alternatives proposed by staff have both advantages and disadvantages associated with them. The table below identifies each of the alterna#ives and briefly describes the advantages and disadvantages associated with each: PFiOPOSED ALTERR3ATIVE ADVAPdTAGES DISADVAPVTAGES Amend the 250 Ordinance to 1. Provides an additional incentive to property 1. Could be construed a special allow the additional GRFA owners and developers to create employee privilege to property owners with only when associated with an housing units in the Town of Vail. lois less than 15,000 square feet approved, deed restricted in the Primary/Secondary zone employee housing uni1. 2. Improves quality of life for employees in the district. Upper Eagle Valley. 3. Creates and continues to provide a public benefit to ihe community. Entirely eliminate ihe 250 1. Removes the contradiction that currently 1. Restricts a property owner's Ordinance (Chapter 18.71) of exists in the Code with regard to GRFA, ability to "modernize" their lhe Vail Municipal Code by variance requests, public welfare, homes as their personal needs repealing Ordinance No. 5, demo/rebuild, etc. In addiiion, no other change. Series of 1985 and municipality uses this method to offer Ordinance No. 36, Series of additional GRFA in their Zoning Code. 2. Could poieniially increase ihe 1988 amount of GRFA variances 2. Would eliminate further increases in ihe requested of the Planning and bulk and mass of structures currently in the Environmental Commission. Town of Vail. 3. May eliminate a property owner's desire to fully complete their project and receive a final Certificate of Occupancy. 4. May eliminate ihe Town's ability to get property owners to bring their properties into compliance with ihe Zoning Code. Amend ihe 250 Ordinance to 1. Would allow property owners to 1. Adversely effects those property allow all property owners to "modernize" their homes without increasing owners whose residences are add GRFA to their property, the bulk and mass of the structure. not conducive to interior but the additional square expansion only. foolage would be limited to 2. Coniinues to allow properties to be ihe interior of the structure upgraded in ihe Town of Vail. 2. May provide an incentive for only. property owners to add large 3. Provides an ability for the Town to require vaulted spaces to their.new additional landscaping, above ground homes wilh the intent of adding . utilities Io be undergrounded, and gravel the additional 250 square feet in driveways to be paved on properties in the lofted spaces in ihe future. town. No action, make no revisions 1. Continues to provide for the upgrading of 1. Perpetuates the two irmain issues to ihe 250 Ordinance and properlies in the Town of Vail. or problems associated with ihe allow property owners to 250 Ordinance identified by the continue to apply for 2. Provides an ability for the Town to require Zoning Code Revision Task additional GRFA as they additional landscaping, above ground Force in 1991 and addressed currently are permitted under utilities to be undergrounded, and gravel earlier in this memo. Chapter 18.71 (Additional driveways to be paved on properties in GRFA). Town. 2. Could continue 1o add additional mass and bulk to the existing 3. Continues to allow property owners to structures within the Town of improve their quality of life by allowing tnem Vail. to expand their residences as their personal needs change. MEMORANDvM TO: Vail Town Council ]FIR: Bob IV1cLaurin, Town Managcr 1[2IE: 1999 Ski Championships capital list DT: February 14, 1995 We have scheduled a discussion of the project you wish to have completed by the 1999. The following is a list complied by myself, Larry Grafcl and Grciz Hall. We have included a number of projects from the Streetscape plan. However wc have divided them into smaller projects than specified in the plan. ln developing this list we considered private development which is likely to occur prior the championships (e.g Gold Peak, Serrano's etc). This list is presented as a recommendation and will change to reflect the Council's priorities. L/Vest Vail Roundabouts $1,900,000 Transportation Center Remodcl $350,000 Seibert Circle $300,000 Vail Valley Drive (VTRC to Gold Pcak) $1,200,000 Complete Streetscape lighting plan $1,000,000 Landscape Gore Geek Drivc $100,000 East Lionshead Bus Stop $300,000 Dobson/Library Plaza $300,000 Miscellaneous Overlay projects $300,000 West IVleadow Drive Improvemcnts $1,600,000 ?Simba Run Underpass $3,000,000 V W A-M.(. ~bu.t.4 6-4t. F,g-A~,a.. V`b~d C~ ~d Please note t costs associated with each of these project is a rou~h estimate and has been prepared without the benefit of design. t4 W P&ry,4,ta~ ~ LIC NO~~~~ VArL TOWN COIJIOTCIL MEETYliTG SCI3EI)iJY.E (as of 2/7/95) IF~BRLTARY, 1995 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: IEVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on everv Tiesday afternoon. THE FEBItgJARY, 1995q VAYI. TOWIV COiJNCYL IVIEETING SCHEDiJLE IS AS FOLI.OVVS: Tuesday, Februarv 7, 1995 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesdav, Februarv 14, 1995 Work session............ 02:00 P.M. (starting time determined by length of agenda) Tuesdav, Februarv 21, 1995 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesdav, Februarv 28, 1995 Work session............ 02:00 P.M. (starting time determined by length of agenda) TOWIV OF VAIL , ` w.~~v-~ Pamela A. Brandmeyer Assistant Town 1Vlanager SENT RY;FAGLE COUNTY ; 2- 9-95 ; 11:59 ; 3033287207- 3034792157;# 1J 3 Febraaary 9, 1995 - 11:20 FAGIF Cl)UNiY RUILL?1NG 551 HRC)ADWAY OffiCE OF THE P.O. HOX 850 QLIARD OF COMMISSIONERS kAGLC. C?ll.<Vqpp S I G31 (303) 329•8605 '•:=:'t~ +•~,FAX: (303) 3)8 7107 ~~`y t~~'•;;:~•> , ..r.• ~GLE COll1VTY, COLORADO t AMENDED AGEIVDA Eqs"O AR PL "J" 0 F C"' lJN IUINII S SI0 fVERS PLANNING IVIEETING DA1( FEBRU14RY 14p 1995 & YF ~ffr iY Ti #+k C~ a a ee A fa o iS b d aa a 8 o d d d, o~ o e o sr, cr m re 9. ° 9o15 PLAT & S L6! tl 1O11 S'VIWIRG Kathy Easdey, Planning, tJornrenunity Development 9015 r 9:45 PD-291-94-A-RIVERINA AT ED1AtARDS P[1D ANENDNF-NT Sid Fox, Planning nAartager, Cornmunity Developmenf ACTION: Cor,sicier a request #'or a Pl.lD Amendment: 9° - 10- 10:00 -1020 COLORADO DEPARTIVENT OF TFi14111SPORrAT1AN (C- T) BUSIIVESS SIGIV I4PPLlCAT1OIV FOR VVEJVDY'S AT ~~L Paul Clarlcsan, Plarteter, C'.ammunity Devetopmerit ACTION., FZequest Board of County Caornrdssioners signature on CDOrr Business Sign P?pplication 10:20 _ 1103~ EAGLE VALLEY HEALlH CENTER °PARCEL Er° PaLi CJarkson, Planner, C:orirnunity Devefoprrvgt ' ONo Consideration of sketch plan, including employee housing, for Eagle llalley Health Center SENT BY~,EAGLE COUNTY ; 2- 9-95 ; 12:00 ; 3033287207- 3034792157;# 2/ 3 11030 - II°AO AMENDED FiNAL Pt.AT, W-RRYCREEFC FILINCa A6 0..OT 45, B-OCK 3 Kaffiy Easdey, Planning, Community Devdoprnert ACTION: Approval, to amend 40' Road (Ulainterranoe Easerrent to 25° II° - 11o50 ENT CALENDAR Itm of a rotdim end nm-tontroversiel nehue ere plamd an the aanqeM calrndar to albw the Board of Cowriy Ccrtvnimioners 4o sperd its am aM errergy an mrore veportard bm on a IenoY a9enda AnY Cammlssiom nmy requet thEd an iten bs °R9uiUVEV irom the oonsent calendsr end mmitlared sapgratety Any rrwrbw of 4F+a pUbllc mey "REQUEST' arry ibmn be'iEMAIRT fmn ths Cmaent Agmda 1. EILL PAYfNC Linda Pankuch, Amourfing Wrk Silvetthom, Con4r'ollet° ACTION: Approval subjec,# to revieuv by the County Manager. 2- PA LL FOR FEBRIJAR(16,1994 Jadc D. Lewis, C:ounty Manager ACTIOK d4ppnoval subject to neviewr by the County Ilanager. cJo LEASE Ad7RErNIEN1.6E! HYEEN d-../"l0.7LE C/ 9S1 J`'OTE OF COLORADO AND HEALTHY MQUOVTAIIV COMMUNTIES, iN lHE J4NIOl1tVT OF $206.00 (TVYD H11NDRED SIX DOLLARS) PERR AlION11H Kathleen Eorinash, Flealth & Humart Servioes ACTION: Consider apprcval. A. O RIVl11EIJTAL COOPERATIVE AGREEMEIVT REGAMNG TOP OF THE ROGI9ES SCENC BYVVAY Jack Ingstad, Public Dnfarrration Officer ACTION: Consider apprrnval. S. PROPOSAL FOR DESIGN 111EEMfVC ROOM AND RE,nWEr FOR TREJLSUREFrS MEEI'lNG ROOIA Mke Bradley, Grounds and Building ACTION: Consider approval. S. ~ APPLlCAllON FOR HOMEMAKEt SERVICES Kathleen Forinash, Health and Hurran Setvioes ACTION: Consider approval. 11:50 - 120A EAGLE COUNTY, ST/4T~ ~ COLORAM AND V11E REG"1fCLE, A COLORAM NONPRORT CORPORATION, IN THE IAIWOUIdT OF $134,OOOe (OI1E FIUNDIRED THRTY FO TtiOtJSAND DOU.ARS) Don Fessler, Road & Ekidge ON: ConSiter approval. SFNT WrEAGLE COLmlTY ; 2- 9-95 ; 12:00 ; 3033287207- 3034792157;# 3/ 3 IE, FlfW ANENDMEM TO a4GREENENT FtEGQ1MNCa PROMSION OF PROFESSIONAL SERVICES BETWEEN EAGLE COl1NTY, STATE OF COMRADO AND h11G1-I COtJNTRY ENGINEERING Uoyd F'aruers, Engineering ONo Cof1SldeP 21pp1oVal. ~ ~ ~ ~I VAU-EY ENTERPPJSE A,S OFHC:U4L IHEIN6PAPER OF Jirn Frtze, County Attomey ACTION: Corsider approval. 0. COWRACT I1GV1S'VN MIVNrrN 'LE COUNTY, STATE OF COLORADO AND ALAN RICHIAAN lCeith Nbrtag, Carrirmmunity DeueloprYtent ACTION., Consider approval. • 12000 p ~ :30 d.11111BCF9 - 1a30 - 2:00 MANAGEJUFJIIT PLAiV m PtJBIJC C019IIVENT HE14PJ1VG (Ellie Cary6, Planrier, Community CevePopmerrt o Nbne 2. - 3030 WM S IOIV - VIIEEKLY UPDATE Jact aLeuuiso CCowtiy IlAarrager 3 - 4~ BREAK 4.00 - 5000 WORK SESSION - PENDIfVG L1T1CaAT1iJiV Jaffies R. Fritre, Courityy Attorrey TIiE hE(T MEEPl(VG OFY}iE EAME COl1NTY COAImMONER51f1ALL BE HELD ON FEBRt1ARY 21,1995 ORI ll-E RECORD ITBUIS 4111U BE F4-1D WTHE EAGLE COUM'Y Fi00M VUOPJC SESSIoNS 1M1L HE HE1D IN 7FE MOUtJT OF THE fiOLY CRa65 ROOAfl COMSSIONERS COWEFiEfdCE RQOIVF OR QTtMMSE NQiID. THIS FiGE1NER IS PRWIOED FOR 111ff-0RMATIONAL Pl1RM6ES ONLY- ALL T1MES ARE APPRODORflA7E TFtE80AFiD VML.E IR1 SESSIOd t1AAY QON51DER 07HE12176NS "TARE BRDUGFfT BEFORE IT. 4VAIL TO1~1 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 VAIIL POUCE DEPARTIVIEIVT NEV!!S RELEASE Date of Release: February 10, 1995 Contact Person: Sgt. Joe Russell, 479-2249 pager, 949-2205 Medaa Note: Please contact Joe Russell for a photo of Mark D. Walker. Vuctum: Walker fViark D. Last First Middle 29-year-old male from Boulder. The Vail Police Department continues to investigate the fatal auto-pedestrian accident which occurred on Feb. 2 at approximately 10 p.m. on I-70 eastbound at the pedestrian overpass. The Vail Police Department continues to wait for the final report concerning drug or alcohol results. Information from a witness who observed Walker just prior to his death indicates that he appeared to be having difficulty walking. In an effort to fuily investigate this accident, the Vail Poiice Department is asking for the community's help in trying to establish Walker's activities on Feb. 2 from approximately 5:30 p.m. to 10 p.m. At approximately 5:30 p.m., Walker told his friends he was going to get something to eat. Vail Police have been unable to locate anyone who may have seen Walker between the hours of 5:30 and 10 p.m. who may be able to trace Walker's activities. If you recognize this photograph of Walker, please call the Vail Police Department at 479-2200. # # # \ ee e4 TOWN OF VAIL 75 Sou1h Frontage Road Vail, Colorado 81657 303-479-21 DO FAX 303-479-2157 FOR ONiME~IATE RELEASE February 10, 1995 Contact: Suzanne Silverthorn, 479-2115 Community Information Office BlDILD9NG PERi1flBTS ISSIIED BY TFBE TOVVN OF VA9L The following building permits have been issued through the Town of Vail Community Department for the period February 3 to February 10: Vail Recreation District, 292 West Meadow Drive, remodel, $14,000, PR Construction. Lohre, 1300 Westhaven Circle, elevator alteration, $23,000, Otis Elevator. # # # 7208 \ dd e4 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR OMMED9ATE RELLEASE February 9, 1995 Contact: Mike Mollica, 479-2138 Acting Community Development Director TO!! 4fVANTS MORE APPLOCANTS FOR PEC BOe4FSD i/ACpaNCIES (Vail)--The Vail Town Council has extended the application period to Feb. 15 for those interested in applying for board seats on the Planning and Environmental Commission. That's because only three people have applied for the three open board seats, thus far. The original application deadline was Feb. 1. The Town Council has deferred the PEC appointments until Feb. 21. The PEC position requires members to be registered voters within the Town of Vail. It is a voluntary position, although those serving on town citizen boards and commissions receive a ski pass, plus a golf pass or blue parking pass. Duties of the seven-member PEC include review of variances and conditional use permits, subdivisions and rezonings. The PEC meets the second and fourth Mondays of each month. fVieetings usually begin at 2 p.m. in the Vail Municipat Building, preceded by site visits which begin around noon. Persons interested in serving on the PEC should submit letters of interest to the Town of Vail Community Development Department at 75 S. Frontage Rd., Vail, Colo., 81657. For more information, call 479-2138. # # # n c • ~,et~,u~tt; C E,",f P-n p • _ .~f` . ~ ? A~ i r ~ Y February 2, 1995 Mr. Tom Moorhead Town Attorney Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Tom, Thank you for the time you took to respond to my letter to the Vail Council concerning TCI Cablevision. As a frustrated Star Trek fan, my first intention with the letter were to only notify the council of my concerns vuith the company. My second reason for sending the letter to the Vail Council, Avon Council and Eagle County Commissioners was to light a fire beneath TCI's feet to work out an arrangement to provide the new Start Trek program in our area. Evidently several people have complained about the lack of the program. Thank you again for your time in responding to my letter. I am very impressed that the Council asked for your attention on my little grievance despite the fact that I am not a Vail resident. Sincerely, ; Teresa Kay Albertson AL. ul,wti~ ru.c, , 6-1 E d VE~~.(,~: o--!~ oo ~ _ ~ c o 7!Q95 I k ru,cu~~ . . . ; . r . , , 1f>;~ ;.rr,~ i ` _ -~;i•-• , r ,I'.\, . ;~;Y:,;~;;;i`,,:;'•~~,' EAGLE COUNTY, COLORADO UM TOo Vail Town Council FROM: June Deane, Commissioners' Office DAT7Eo February 3, 1995 RE: ddorksession with the Eagle County Commissioners The Eagle County Commissioners have requested that I set up worksessions with each municipal council in the County. Some of the subjects to be discussed might be housing, transportation, the Regional Meetings and the L.eadership Forum. Please contact me at 328-8605 with a date when a worksession with the Commissioners can be put on your agenda. Vde would like to schedule these worksessions after the middle of March. ~ Thanks. jcd rct ~.o _Z) X C• 1.~~/ wi? K.~/ STATE OF COLOFADO Roy Ronser, covema. f~ Patti 5hwayder, Aaing Execu4lve Director ~ Rediceted oo pmoecxrnp and enproving the health and env(,onment oJ the paopfe o( Coforado ~ 4300 Cherry Geak Dr. S. Laborstory BuAding Denver, Colorad0 80222-1530 4210 E.19th Avenue 7 a Phone (303) 692•2DW uenver, Coiorado sOaao-s>> o (303) 691-4700 C4pg~ 4 all4 ~V~~1~1~Ittl ~ t ~anuary 27, 1995 Ruas k'oarest Senior Envi.gogamental Po1icy Plarner Town of Vabl 75 South Frontage Road Vabl, Cel.og'ado 81057 Dear Mr o k'orresto , Tlie Divisbon h~~ ovaluated your cancerns abotat diesel emissians and the possibility og being able to monitor the air Qtaal ity 1n1paGts. As Z10u 3C%lOwo t2ae V611utants go whioh tlie catiaCne - xn the area may be geaoting, can be difficult to adequately oapttsre wath our sampl.bnq megtaadologieseAs is the csge with acute short- ternn exposure go diesel emissionsp health effects literature indicates that adors alone can cause ddverse effeataa these ancbude headach~ and nausea, in some members of the publio, even when ambfent partieealat~ ~evels are quite ].ow. % uraderstand that oux Technical services program has proviried you with lif:ex°ature on the potential health effects of diesel emissivnso As you°ve diseussed, this may agford you the aPFortunitY to further your process without being delayed by a potentially ineonclusive ffeld sampling efforto 0f course, ig you need any other araformation or technical assistanceo please contact. Sheila Burns, head og our Technical Services Programo at (303)692- 3223. Siricerely? ox~a~ e t oe 9igecgor Air Pollutaon eontrol Dbvbsion a~6ieolvuitgotz.ab < ~ *ILL TO 1~I O75 South Frontage Road blail, Colorado 81657 303-479-2100 FAX 303-479-2157 MED9A ADV9SORV February 8, 1995 Contact: Suzanne Silverthorn Community Information Office 479-2115 !lAO~ ~OWN C0UNC6L H@G9iLGGHTS FOR FEBRUARV 7 Work Sessuon Brueffs - Council members present: Johnston, Lapin, Navas, Osterfoss, Shearer, Steinberg, Strauch --Eagle County Niass Transit Committee Invitation Jill 6(ovacevich of the Eagle County Mass Transit Committee invited the Council to participate in a transportation summit meeting scheduled for Feb. 15 in Eagle. The meeting's purpose, she said, is to begin a dialogue to address a long term regional transportation plan, including a permanent funding source. Council members Tom Steinberg, Peggy Osterfoss and Sybill Navas said they would attend the meeting along with staff members Bob McLaurin and fVlike Rose. Also during yesterday's discussion, Vail transit manager Mike Rose said the new Gypsum-to-Vail route was on track to end the season with ridership of about 8,500 passengers. Ridership has averaged 58 passengers per day since the service was launched on fVov. 19. Officials have said the service has exceeded expectations. The route, which is funded by Eagle County and operated by the Town of Vail, will run through April 16. Rose says he'll prepare cost estimates for a summer operation for consideration by the Eagle County Mass Transit Committee. --Planning & Environmental Commission (PEC) Interviews The Council postponed interviews for three openings on the PEC to Feb. 21 due to the low number (3) of applicants. The vacancies will be readvertised. --Design Review Board (DRB) Interviews The Council interviewed four applicants for two openings on the DRB. The applicants were Greg fVioffett, Louise Young, Mike Arnett and Sally Brainerd. Arnett and Brainerd (rriore) , Council Highlights/Add 1 were seeking reappointment. Selection of the two membiars occurred at the evening meeting. --Housing Authority Interviews The Council postponed interviews for one opening on the Housing Authority until the Feb. 21 meeting. (One of the two applicants had a medic:al emergency and was unable to attend yesterday's meeting). --Art in Public Places Interviews The Council interviewed three of six candidates for openings on the Art in Public Places Board (Kathy Langenwalter, Karen Smith and Lolita Higbie). The Council postponed completion of the interviews until the Feb. 21 ireeting due to a question regarding eligibility requirements. --Other . The Council gave its support to an environmental quality award proposed by senior environmental planner Russell Forrest. The award woulcl recognize environmental actions by individuals and businesses on an annual basis. Councilman Tom Steinberg volunteered to serve on a review committee to evaluate aiward criteria and nominatioris. The Council received a brief update from Forrest on the status of the I-70 chain-up area. Forrest said the Colorado Department of Health is drafting a letter to the town in response to concerns regarding the impact of diesel emi:;sions on human health. If a connection can be made between the two, Russell) said, the town's efforts to ask the Colorado Department of Transportation to relocate the sii:e may have greater justification. If the state is unable to make a connection between diesel emissions and health impacts, air monitoring is still an option, Russell sEiid. --Council Reports Tom Steinberg, Peggy Osterfoss and Merv Lapin gave ari update on their participation at the Governor's conference on growth. A regional follow-up meeting will take place in April in Glenwood Springs. Merv Lapin said he and Eagle County Commissioner James Johnson had met to discuss some joint cost saving methods. He said County Manager Jack Lewis and Town Manger Bob McLaurin would be consulted regardinig next steps in the preliminary discussions. Merv Lapin and Jan Strauch inquired about the possibility of locating a satellite office for Eagle County within the Municipal Building Complex. Town Manager Bob McLaurin said he was exploring potential uses for a 375 square foat office area in the west complex vacated by the Police Department. Other possible options, he said, include an (more) v ~ Council Highlights/Add 2 expansion of the Community Development Department or a small daycare center. An internal study is undervvay to determine parking availability. For more information, contact iVicLaurin at 479-2105. Evenang SessBOw Bruefs Council members present: Johnston, Lapin, Navas, Osterfoss, Shearer, Steinberg, Strauch --Citizen Participation There wras no citizen participafion. --Consent Agenda An ordinance vacating a pedestrian easement located at 890 and 891 Red Sandstone Circle was approved on second reading. --Hillside Garages in the Front Setback The Council voted 6-1 with Navas against to approve on second reading an ordinance limiting the maximum allowable height for garages in the front setback, of lots exceeding a 30 percent average slope, to one-story or a maximum of 10 feet with . additional heigh4 allowed for a flat or pitched roof (subject to Design Review Board approval). For details, contact Lauren Waterton in the Community Developmenfi Department at 479-2138. --Helipad Conditional Use Permit at Ford Park The Council tabled an appeal of a PEC decision to approve a conditional use permit to allow a helipad at Ford Park. The measure will be taken up by the Council at its Feb. 21 evening meeting. --Design Review Board Appointments The Council reappointed iVlichael Arnett and $ally Brainerd to the Design Review Board. Both will serve two-year terms to expire February 1997. --Housing Authority and Art In Public Places Appointments These appointments were postponed to the Feb. 21 evening meeting. --Condo Conversions The Council voted 7-0 to approve on second reading an ordinance preventing the conversion of accommodation (hotel) units to condominium units. Council members have said the measure is intended to preserve the number of accommodation unifis throughout town as recommended in several long-range planning documents. For more infiormation, contact Town Attorney Tom iVioorhead at 479-2107. --Town fVianager's Report A Council retreat was scheduled for iViarch 28. # # # TOVIIIV COUIVCIL COIVIMITTEE/TASK FORCE APPOINTMENTS TO: Towrn Council FR: Pam Brandmeyer DA: February 8, 1995 RE: Committee/Task Force Appointments This is a list of all committees/task forces to wrhich Council members have been appointed or for which they have volunteered. It is my understanding that all assignments run to the next Regular Municipal Election, fVovember 1995. COMMITTEE/TASK FORCE COUNCIL MEMBERS 1. NWCCOG Tom Steinberg Sybill Navas, alternate 2. Vail Valley Tourism & Jan Strauch & Convention Bureau Jim Shearer, alternate (formerly VRA) 3. Vail Transportation and Sybill Navas Parking Task Force Peggy Ostertoss 4. CAST Jim Shearer Merv Lapin, atternate 5. VRD/Council Subcommittee Merv Lapin Paul Johnston 6. Art in Public Places Committee Jan Strauch 7. Special Events Committee Sybill Navas 8. Bravo! Colorado Board Merv Lapin Sybill Navas 9. NWCCOG Water Quality/ Tom Steinberg Quantity Committee Sybill Navas, apprentice 10. Avon-Beaver Creek-Vail Regional Peggy Osterfoss Transportation Committee Tom Steinberg 11. Eagle County Recreation Merv Lapin Authority Paul Johnston, alternate 12. Town of Vail Housing Authority Peggy Osterfoss Jim Shearer, alternate 13. Channel 5 Board 14. VIP Quality Council Member Peggy Osterfoss 15. VIP Steering Committee Members Merv Lapin Paul Johnston 16. Open Lands Committee Members Tom Steinberg Peggy Osterfoss 17. Vail Valley Arts Council Jim Shearer 18. CAST - Colo. Tourism Advisory Jim Shearer Board Council Merv Lapin, alternate 19. West Vail Master Plan Peggy Ostertoss (Vail Commons) 20. Mauri Nottingham Environmental 7om Steinberg Award C:\TCAPPTS.LST ? ' 8;= ~ AND THE ENT ' . nday, February 5, 1995 SECTION C THE DENVER POSC ian , im, Bou'der bb ~..affic c~~n~ estion tElgets By fNary George 6 ' ¢ ' In surveys, Boulder's residents re= Denver Post statt wriier ~rYClng S l,L~dy9 GtlmS tO reS V,~ct CGIrS peatedly list traffic as their city's BOULDER - 1i'hat if driving at worst trouble. Much of the problem is rush hour cost you lots more money, sits on Boulder's transportation advi- er to take on the feasibility study. attributed to Boulder's workforce; . ~ not just moce time? sory board. The Federal Highway Administra- about half of whom commute from What if parking put such a dent in "Building more highways to Sight tion would provide $492,000 for the outside the city. , your: pocketbook it made you want to congestion is ]ike fighting obesity by, study. Boulder would contribute Some of the options for congestion take the bus? getting a bigger belt." $221,400 in cash and $184,500 in ser- pricing are simple. Others rely on ~ Boulder wants to spend $897,900 on Councilman Tad Kline isn't sure vices. new technology. The ideas include; ~ a"traffic-congestion pricing study" the study is the wisest use of money. Boulder is the smallest of eight cit- 0 A variable toll that would in- to get your answers. "Y'know, we could deliver a lot of ies, including San Francisco, Los An- crease at rush hours. The money The aim is to discover new ways to service for that much money," Kline geles, Minneapolis and Seattle, to get could be collected electronically.', manipulate market demand for car said. such federal funding, said George Os- similar to the E-470 toll road, where • ` travel and cut driving to and in Boul- He would prefer another "Hop," borne, Colorado administrator for the lasers read windshield bar codes and der. Boulder's successful new shuttle be- Federal Highway Administration. bills are mailed to car owners. City leaders and federal sponsors tween downtown, the University of The agency favored a grant for 0 A mileage tax. Drivers would say the study may uncover futuristic Colorado campus and Crossroads Boulder because its residents see pay the tax based on their odometer The Denver Post I Helen H. Davis ways to blunt traffic growth. Mall. traffic as a large and growing prob- readings when they register t6eir Traffic builds during evening rush hour at 28th "In my opinion, it would be money Kline and the other city council lem, and they might be more inclined reet and Arapahoe Boulevard, Boulder's busiest intersection. well spent," said 1oe McDonald, who members will decide Tuesday wheth- to pursue a solution, Obsorne said. Please see BOULDER on 5C y ~3 "bTO~q U^~'~'~q [..C:t.p, ~ wA ~~;...a~ .~~a~ v~u' ro yen°N o.,, ti ~ a o m v orom~°'.°~U aaoao v, ~ F.F"O'Q y?~" C G w3 .C~y ~Cb 'O'O Xy ~ V N ~6 ~ cCpd,yCvl O t cC...C b. ~pw ~ 'OOctl~r ~0.., ~8 ~'~i cCwO bc7~tl ~ ~ A OYyN~"~ CA[c~R1E6'U Ol k'~y y Gl qx s. O ~ q~ s, vi C ,C, '~9 y c1 ' roE itl > r~ 'O6. 'y ? y q^ '~Vj ~ U Cb pU wA+~-' y '9`'d .x m 3 ~ Oa~'+ Ow 0~~ 41 ~ A p C.'} ~ 7 v C N :~•~U+'~^ N.• Am~ a~~'? -~w w ~v~mcn ~,v ro ~ ..,"'^-'Octl v~ i cC . 'O ~n..r ~N~9wc,)c60d ~6~y G', .Cm=r.,0 «f b... ~ACdvi" C t-3 O G1 C'" vi Qc0 w abA 'fl C O ~ ~ a~ ~ u~+ v o y ^ U 7 v, o t E ~ .n en m v 41 ~ U •F o~b~ ~ roc ~y °0 y o u y~ 7 0.1~c ° otn o nn~,.. o•~~-o yA y,a c c T aca> v, ~a Nunm~:~~- a~ m . vyd..q o•~oc o o ~ a~ v, v; ro 3 ~ v, F ai a E W2 >,c yGVao.~ ~•N'° ~~,v,~ y a~a ~~F+ o ro~`w. cAam •v,~o ~ "c m v~e ~ f~ovy > E mo~roN.c °'Oaca„ ~c m ? T- v.o pv,..> > O, v,N,« ~ 'm y ? r, ~ v c o a~ ro'•~"" ~ v b~ ro.n o °a ~ ~,~~vn~>,~.. wo ~no°oy,v,~~ o u o3c. ".n ~v tiM„ , ~ - ° un oob0-2 w d ~5 =onVo°Er.' o3~~~AF°,~~;cyroww>",°ov 3 o >>y~~v~ro~o~~=. ~ en•~ ~E • a c. v v s u.~ b~•~ ~ c G y ~ ,a o o E > .c z ~ m>+~' v o~ v, o 0 oao ro ,a ~ p>-- Ca ~ c, G O Q1 F. O v~ cC ' G) ~ A 3 n C G ~RS tA ~C ~ .w 'O ~ W ; w ~cs- ti xU~Naoom yF~aGV..,~Nmo...~nv, X.~cn~3?~O ~v6 x.oy~~ b ~ao>;'u~ya~ '~aiavo~i~~,~ yw ~ 3 ctl~ NVCiN'> ~ , i:~~ cycapo ~a° cv,ov c b7u..c~~ ~ ro..~.7~~~°qo3- ~'cav°ox ~ ~ k;zo m v~ 3E °:~EAy.0u 3,« n o~ on0.01`v~a w aki °~v~ v, vC', e~"i ~ ~ m> 'm~ ~ R oo- i~ x cn ~in G v, ~ ca maa..,.~ i ; - . ,a . . Monday, February 13,. 1995 . . . . . . . _ _ . .e3~.u -Y . . . mue ~ ~11tS r~1 p • 1.'" ':n~. s on p alndi p.1. . ~ro s o~' dra~ia.ti~.lly9, :blxs~~d~rs~p u~ . , ~ -`'tioyfriend dr'ops her. off; and her customer's. sy F9aMaee C. Cli4ford love~the'chance to park nearby. ' - ' Special to The Denver Post , , , ASPEN - Five weeks into Aspen's contro-Aspen is the first Colorado 'ski town to . versial paid-parking plan, a funny thing has charge for on-street parking, billing ~drivers ; happened. $1 an tiour during the.day. Since the program ° People like it. began, peak-period occupancy of parking. Critic§ have vanished, along with many, of,. spots has dropped to 80 peicent to 85 percent, ' the cars that in past winters clogged the re- ' said'Randx Ready; 95e city!s t t 98 g e cent f - sort. trator. Previously, p P "I think the entire community is somewhat spots were full; _leading maay drivers tofcircle awed -at the success of this program," said search,of,a 'space:.. ~ Terry Hale, a board member of the chamber .Many who.' were driving up Colorado 82 to of commerce and originally one of the plan's Aspen from' othei..towns.in ,the Roaring Fork most outspoken critics. "There's no doubt.;- Valley_ a.pparently now -aie taking the bus. about it; iYs been a phenomenal success." ~During the hrst tliree weeks of paid parking, "I am astounded aad amazed and pleasant=' ridership on the :Roaring Fort Transit Agen- ly surprisedsaid Bivice Kerr, a lodge owner,`, ey's..routes to Ba'salt, El Jebel, .Carbondale member of the Aspen Planning Commission.;,; and Glenwood Springs rose 32 percent, said and former foe of paid parking. "I am willing- : agency spokesman Gary Gleason. to eat as big a plate of crow as someone. Residents-of Aspen's east epd havetaken wants-.to give me." - c. advantage.of'a ~new "dial a ride" program, Judy Henderson, manager of Nuages, park=`-:;;paying 50 cent§.for van service from their ed her car in front of the pricey boutique ev- doorstep to downtown. Initiated the same day, ery day before Jan. 9. "It would just be a huge as paid parking, the van now logs about 300 inconvenience that I couldn't park out there_' riders .a day. Parking revenues, .estimated to she assumed earlier. Please see PARKINC. B' She's been pleasantly surprised• Now, her THE DENVER PC Aspen SL1Ipr1Se: Paid parkin~ a success "I'm,not very proud of the process that we used to arrive at this lace, :PA6iKING from Pa e 1B and traftic jams on Colorado 82. he said, "even though we might be . g Since the program began, traffic happy with the result." •net'$300,000 a year, are being spent jams have almost vanished from the Many residents"and visitors have :to. subsidize this and other alterna- two-lane highway, which is one of the commented that the town feels quiet- :tives to driving. most crowded and dangerous in the er, as if this were spring or fall rath- -`:Niy personal feeling is it's been a state. er than the middle of ski season. The :gciod thing," said Glen Parker, a man- "It's going better than any of us big unanswered question remaining is . -ager at the Ute Mountaineer. He car- dared hope for the first month," said Whether paid parking will cost mer- poo_ls with his wife and friends from Mayor John Bennett. He's hearing chants business. ;El Jebel, 20 miles away. But he "10-to-one positive remarks," com- That s so hard to know, said -sometimes takes the bus, paying pared with three-to-two against paid Parker, pointing to the loss of Conti- :$T.50 one way, or parks downtown. parking before Jan. 9. nental Express air service and a me- 'He estimates the program will cost Bennett and city council members diocre snow season. He thinks desti- ~hiM $150 a year. came under heavy criticism in the nation stores like his might do even "I think it's a shame the average months leading up to January, in part better than in the past because people Joe has to pay for it," Parker said. because they refused to hold an elec- Who need something will have an eas- "But they're the ones doing the driv- tion on the issue. ier time getting there. ing." Hale. a dentist, still wants a vote, ' TOWW OF VAIL ~6 6 Input/ Inquiry Response Record The attached comments were recently received by the Town of Vail. We encourage Vail residents and guests to give us such input and we strive for timely responses. PLEASE ADDRESS THESE CONCERNS WITHIN FIVE WORKING DAYS AND RETURN THIS COMPLETED FORM TO PAM BRANDMEYER DEPARTMENT TO HANDLE INQUIRY INDIVIDUAL TO HANDLE INQUIRY DATE TOV RECEIVED INPUT/INQUIRY d l4 ~{5 TYPE 0 INPUT UIRY: PHONE CALL (indicate date) r LETTER (attached)-~ RESPONSE CARD (attached) TYPE OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMMARY OF RESPONSE OR ANSWER TO INni TTRV; DATE OF RESPONSE FORM RETURNED BY DEPARTMENT TO PAM BRAliDMEYER; A copy of this inquiry and form will remain on file at the TOV Community Relations office. As soon as this form is returned to Pam Brandmeyer, this inquiry will be considered dosed. THANK YOU FOR YOUR TW&Y HANDLING OFTHIS ISSUE IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT PANT BRANDMEYER AT 479.2113. VAIL MOIDPVTAIfV MEDICAL, IP.C. 181 W. Meadow Drive - Sui[e 200, Vail, CO 81657-5059 Tel. (303) 476-5695 Fax (303) 476-8976 AVON MEDICAL CENTER _ COPPER MEDICAL CENTER P O. Box 1143, Avon, CO 81620 860 Copper Road, Copper Mountain, CO 80443 Tel. (303) 949-3222 Fax (303) 949-4047 ' P.O. Box 3808 Tel. (303) 968-2330 Fax (303) 968-6681 FAMILY PRACTICE Robert S. Arnold, MD Jonathan C. Feeney, MD Phil Freedman, MD Jean S. Hadley, MD Marc R. Peck, MD Kent A. Petrie, MD Steve Yarberry, MD Meg Gallagher, PA-C 3anuary 13, 1995 Karen Josephson, PA-C Ann Borrell, FNP-C ~ INTERNAL MEDICINE Mark Stephens, MD Vail Town Council OBSTETRICS GYNECOLOGY RE: Construct ion Of a new f ire stat ion III WeSt VS11 INFERTILITY Edward L. Cohen, MD, FACOG Dear Town Council, PEDIATRICS Suzanne Morris, MD FAAP f t he OA$O 111g CI 1 S CU S S 1 Oi1 Sandra J. Schorr, MD FAAP I read t oday 1 tl t he paper O regarding construction of a new fire department in West Vail. As a resident of West Vail my initial impression based on very limited knowledge is that the current services are adequate and the e.xtra experise used in constructing a fire house and for associated increase in salaries for staff.would be better not spent, so as not to increase the already high cost of living in this community. I may well change my mind given more information, but at this point as a resident who is paying taxes, I feel that this extra cost may not be: necessary. We have an excellent fire department wit~ good access to West Va.il from the town center via the riterstate. Thank you for your time. Sincerely, Mark R. Stephens 2547 A Arosa Dr. Vail, CO 81657 . _ _ . . b•:~._t .C. V ' . ~~~T'r" k"DF COLORADO DEPAFiTMENT OF TR,4NSPORTATIOId . Region 3 222 5outh Sixth Street, Room 317 drand Junc4ion, Colorado 61501-2769 February 10, 1995 (303)248-7208 FAX # (303)248-7254 - ~ Mr. Robert M. Mclaurin Town P9anager Town of Vail G' 75 South Frontage Road Vail, Colorado 81657 Dear Bob: Thank you for your recent letter regarding the Town of Vail roundabout project and your efforts to minimize its impacts on the Alpine Standard station. As you know, the roundabout project is within the 2-70 right of way and subject to Federal Highway Administration (FHWA) and Colorado Department of Transportation (CDOT) review and approval. We welcome and support your innovative efforts to improve traffic circulation at this heavily used intersection. In response to the four items outlined in your letter: 1. The access modifications for the Alpine Standard station will be approved as a part of the overall project approval. 2. State and federal regulations prohibit the placement of private business signs in the public right of way. No exception can be made for this project or business. 3. CDOT is currently reviewing the I-70 services logo signing and will evaluate changes to the I-70 eastbound signing. 4. CDOT recognizes that a portion of its right cf way will be paved to facilitate access to the gas pump islands. However, neither CDOT nor the FHWA can consider any lease or conveyance of this I-70 right of way for private use. Very truly yours, ~ R. P. Moston Director, , Transportation Region 3 cc: Dunn Nall file ' ad e4 TOWN OF VAIL - 75 South Frontage Road Vai1, Colorado 81657 303-479-21 DO FAX 303-479-2157 F0R 9MMED9ATE RELEASE February 13, 1995 Contact: Niike Rose, 479-2178 Vail Transit iVlanager ' TR46VSITION DATE FOR SEASONAL PA?RY41iVG. TR41VSIT OPE12ATIONS !S APRIL 16TH ' (Vail)--Parking in Vail will be free to those taking advantage of the one week ski season extension announced by Vail Associates. Paid parking in the town-owned Village and Lionshead structures will end April 16, as previously scheduled, while Vail Niountain will remain open through April 23. Vail transit operations will also make the seasonal transition on April 16. Outlying , routes will shift from an average frequency of 15 minute service to 60 minute service; intown shuttle service will switch from every 10 minutes to 15 minutes; and the Gypsum-to-Vail Express will make its final run of the season on April 16. Vail Transit iVianager fViike Rose says the town is unable to extend its wrinter bus schedule to coincide with the mountain's new closing date because of state labor laws. Those regulations require seasonal workers to be laid off for 45 days before they're . eligible to return for the summer season beginning June 1. The town employs a total of 50 seasonal bus drivers each wrinter and 10 seasonal drivers in the summer to supplement its full time permanent work force of 16 drivers and supervisors. For more information, contact Rose a4 479-2178. # # # r ` ATTN: Village ~ L'Ionshead Merchants... a ...Please He1p us IH[elp Yourselves eg TOWN OF UAIL ~ If your business stands to benefit frorrl the free evening ; parlcing program, vvhy not consider promoting it in your next nevvspaper aci, or radio spot? T~ Here are some sainples from Los Amigos and Russell's: ~ 4J w ~ u,nch 11:3a3:oo ~ Hpres 3:00-6:00 E 0, Dinner 5:30-10:00 - o • r 'ro^ ~ b. a)'a ~ . ~ a.$W4 join °Thc Fun At Vail's.. ~ I~ ~ S1111 ~11 rIFST DECK : ~ ~v v Dwfiy Luncfis Dinner & Drfnlr Specials . . . MU CHWS 8. SALSA _ ,Id ~4 Lorated at the top of Bddge Street, P(ext to the Vista Bahn • 476-5847 G ~ c~ - - N ~ U) N ~ ) a.,u . ~n ~•,15pR' o h11Y 5'• ; ~ "'9 ~ e~ , w a rtCe f abo~~e ot W'nB Apres Ski to, C~hase ot 4-5:30 pm. $1.50 Beer, . VVell & lNine ~ Reservations accepted 476-6700 - - Bar 4:00 pm-Close - Dinner 5:30 pm - 10 pm iVightiy. . . ~ rI'he program offers three free hours of free parlcing upon entry ; betvveen 6 and 9 p.m. ~ Fop Yi80Y"e 1nf0rID1d8tdOT1 CdFJOi4t tjilS ~'lYOgq'YdD)i, plecase contact the 7'owna of ~~ail Comrrcungty . Infonraatiora O~`ace at 479-2115. r \ dd d~ TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 303-479-2100 FAX 303-479-2157 FOR oMMEDuATE RELEASE February 13, 1995 Contact: Paul Reeves, Environmental Health Officer 479-2138 C9I!!fE VOd9R F0REPLACES AND W00D-BUFaNING STOVES A I2EST !lA11L ERlCO99RA~~S VOLQ.?NTARY SMOKELESS WEEF(ERqD, FEB. 17-20 (Vail)--The Town of Vail is encouraging residents and guests to abandon their fireplaces and wood-burning stoves during the upcoming holiday weekend, Feb. 17-20, to protect our clean mountain air. The voluntary action is in recognition of the town's 15th Annual Smokeless Weekend, an education campaign on the environmental impacts of inefficient wood-burning devices. The annual observance is intentionally scheduled during one of the busiest weekends of the year, said Paul Reeves, the town's environmental health officer. "Because Vail's population swells to 30,000 or.more during peak times, the likelihood for poor air quality is greatly increased by the sheer numbers of people," he said. "The Smokeless Weekend campaign helps keep the air quality high and gives.us an opportunity to promote our conversion program to retain the area's natural beauty." Although the town has banned new, unapproved Environmental Protection Agency (EPA).wood-burning stoves since 1991, Reeves says more than 4,000 inefficient wood- burning units remain within the.town. "About 57 percent of our air particulate problems are attributed to wood-burning," said Reeves. Another 39 percent comes from the sanding of I-70, and two percent is from vehicle emissions. (more) Smokeless Weekend/Add 1 The town, in cooperation with Eagle County, retailers, banks and utility companies have provided incentives to encourage voluntary conversions of "dirty" burning fireplaces to "clean" burning fireplace technologies through low interest loans and otrler financial incentives. Since 1990, nearly 500 Vail dwelling units, both lodges and private residences, have voluntarily converted from wood to gas. The largest incroase in a single year was in 1994 with 200 conversions. Through incentives and education,. the town has seen a measurable improvement in air quality. For example, since 1990, air quality levels have improved by more than any other resort community in Colorado. The upcoming Smokeless Weekend gives people a chcance to show support for the environment first hand, Reeves said. Residents and visitors alike are asked to refrain from using their fireplaces and wood stoves, unless they're used as a primary heat source. Hotels and lodges are also encouraged to ask fcir the participation from their guests. For more information on the program, please feel free to contact the Environmental Health Office at 479-2138. # # # Y ~~'Cc~'?cp rc" 9 1995 iVORTHWEST COLORADO COUNCIL OF GOVERNIVIENTS M E M O R A N D U M To: Cortimunity Development sta#f; in the absence ofi pianning stafif, Town Manager; NWCCOG executive comrniftee - Frorn: Sandy Blaha, 303-468-0295x'910 Date: FebPUaay 2, 1995 Subject: Growth Management Strategies • Enclosed, please find one, paper clipped copy of the growth management guide produced by NWCCOG's community development department. Those who participated in our fall regional planning directors' meeting were promised a copy of this document. Due to size of the document and the cost of copies, we are unable to produce multiple copies. You are receiving the master copy of this document for your community. I urge you to review the document and request that you copy it for the appropriate people in your organization, planning staff, planning commissioners, your NWCCOG board representative, your county or municipal attorney and in larger organizations, the town or county manager. Other items of note: enclosed is a flyer for NWCCOG's demographic workshop on March 3rd, the regionaf smart growth meeting is scheduled for April 26th, place and time to be announced, and the regional land use practitioner's workshop (for attorneys and community development directors) is scHeduled for April 28th, agenda and registration to follow. Call me if you need further information. Also I'd like to know if you find this document useful. . IVorfihwest Colorado Council of Governments Demographics Wo?rkshop • Wouid you like to understand how the State prepares County estimates and projections? • Would you like to find out what data products and services are available from the State Demographic Section? • Would you like to know how to use thi:> data more effectively? • Wouid you like to discuss your growth related issues with peopie from neighboring counties and towns? If your answer to any of these questions is yes please join us in a workshop with Jim Westkott, Director of the Colorado Demographic ; Section and staff to get some information anci assistance. ~ When: Friday March 3rd Where: Summit County Community Center 3rd & Granite, Frisco Time: 10:00 a.m. - 2:30 p.m. Cost: $10.00 includes lunch Please fax (303) 468-1208 or mail NWCCOG, Box 2308, Silverthorne, CO 80498 this form by February 24, 1995. Name: Organization: Phone: Fax: $10.00 enclosed: I.O.U. $10.00: (I will bring it with me on 3/3/95) , ? Yes I am willing to give a short (2-3 minute) verbal presentation ? Plo describing my town or.county's growth trends and prospects.- ? Maybe n - . _ , `.;:6?.: c?::> ~ i ` . : . , : ~ ~::;::t:i:t':i::i::;;';:?;::"i'iii~:':;.i.;_ ~ r~~w~s~ ~oead.~..~~ Q~ ~~mm~m : . . . . ::<~>::>:<::::>:; ::.::::::::.:>:::~~<:::::~>::>:>:::::>::::>:::::::<::::::<.:;>:..: : , _ . : . : W p Regi Volume 1 February 1995 Where do vve live; where do vve work? In this report we will examine information about the working population of Region Xli (Eagle, Grand, Jackson, Pitkin, Routt and Summit Counties). We have also incfuded three neighboring counties, Gar- field, Lake and Moffat that have significant numbers of workers commuting to Rsgion XII resort areas for employment. All data is from the 1990 Census. The data was tabulated for workers i6 years of age and older who were at woric during the week pr2ceding the date on which respondents completed their Cen- sus questionnaire. Overlapping Patterns: Eagle County _ Place of Work 1. The Roaring Fork Valley ~ Both Eagle and Gaffield counties have significant 13,156 Worlcers " percentages (12.9% and 14.8% respectively) of their worlcforces commuting to Pitkin County for employ- ment. 91.5% of Pitkin County residents woric in the Ea9~o BZ8% a,,rn 22s county. Eagle County displays a pattem of exporting Gartiold 23X workers from the Roaring Fork Valley section of the ~ ~ county to Pitkin County and importing workers from P'"""'Z"` Lake County to the I-70 resorts. ' ,aoo c_ Pifikin County Garfield County. , • PIaCe of Work Place of Work 8,179 Workers 14,756 Workers . . Gartbld 78.6% Otl+er 29% ~ ~ . . . 6gla J.T16 ~ Pitkin 91.5 % Cther 23% ~ - - ~ • . . . Eapie 24X Pmcbn t4.855. . Garfieid 3.8% , ~ . ~ ' . ' • . ~ 19so cemu, . . . . ' . . . . . 1990 Census - - ' . f 2. (nterstate 70 Resorts Lake County ~ Place of Work . Lake County displays the most dramatic movement of workers in the area. A full 40.2% of Lake County's working population commutes to Eagle 2,985 Workers and Summit Counties for employment. , ov,a zs% ' ' . ' . Lake 57.3°6 . , Grand County has a smaii (1.6%) percentage of workers commuting to Summit County. 93.9% of "->;~^n'3:• Eagle zze% . Summit County residents work in the county. • . ~-Summ4 17.6% . . . . ' - 1990 Census , . Summit County Place of Work Grand County _ $,SgO UVO({C@fS P!ace of Woric - oenvef , 3% 4,610 Workers Other ].2% ' SummR 93.9% Eagle 1.4% GnnG 93.2%- Demer 1.1% Other 4.1% . . Summh 1.6% . ' 1490 C.nan . . . . . 1990 Cuwn • 3. U.S. 40 Corridor 7.3% of Moffat County worlcers commute to Routt County for employment, whereas only 1.7% are headed in the opposite direction. 95.5% of Routt County residents work in the county. Routt County IVloffat County Place of Work Place of Work - 8,165 Workers 5,230 Workers ' on,Lr zne Other 28% Mottat 84.5%- Rio Blancn 5.59i Routi 95.5% , MotFat 1-7% . Routt 7.3% ' ' ' . . . ' . . _ . • ' . . . 1990 Cersus . . . 1990 Cefwu . . . . ' . , ' ' " . . rnu 4 Jackson Counfiy Place of Work 4. NOtl-ReSOrt Jacfcson County workers work in their own county. Resort commuting pattems have 804 Workers not affected Jackson County as yet. . Cther 4.1Y ' Jacksan 95.9% 5. Journey to VVork The following chart displays some addi- tional information regarding work patterns gathered during the 1990 Census. Travel time is represented.in minutes and does +990 c2n5U5 not include those who worlc at home. • . - • . • D . ' • County • - A • - Region XIII I I + ( ' Eagle 13,156 17.4% 4.6%1-7 65.2°/a 18.0% 4.8% 18 Grand 4,610 6.8%~ 5.0% 69.7%~ 13.6%~ 1.4% 17.5 Jackson 804 4.1 % 13.1 % 51.2% 10.3%1 0% 10.8 Pitkin 8,179 8.5% 9.2% 56.1 % 10.3% 6.3% 14.6 Routt 8,165 ~ 4.5% 3.9% 71.9% 14.0% 1.0% 15.4 Summit 8,590 6.1 % 5.5% 70.1 %11.8%1' 1.0% 13.9 Other Garfield 14,756 21.4% 4.8% 66.9% 19.4%1 1.2% 25 Lake 2,985 42.7% 3.4% 54.3% 31.4% 3.9% 27.4 Moffat 5,230 15.5% 4.1 % 67.2%20.5% .2% 18.1 ~ Co~ora~o ~ 63~ ~40 3~9 :3°l0 74 3°10 2 $ala~ Z:~fa ` ~ 7 s } 1J 23,9%0 3.0°fo . 73 2°fa '~3 4°~ ~;~~fo 22A The counties with the largest percentages of "Out of County" workers, Lake, Garfield, Eagle and Moffat afso display the longest trave( times and the largest percentages of workers utifizing car pools to travel to work. Lake County 's "Out of County" worker percentage is the only one higher 4han state and national averages. "Travel Time" is higher than sta4e and na4ional averages for both Lake and Garfield counties.lt is interesting to note that all of these counties have smaller percent- ages of workers who "Drove Alone" to work and that "Car Pools" are utilized more often iri six of the counties than in the U.S. or State statistics. . Pitkin County's use of "Public Transportation" is worthy of note, as well as Jackson County's "Work at Home" percentage. , 6. Personal Income Earnings by Selec;ted Industry ~ ~ . _ . - - 660ht s : • • Eornin Region XII I. ~ I I Eagle $368.71 1.0% 18.4% 2.3% 18.5% 7:9°/a 35.8% 9.6% Grand $89 2.2%I 7.3% 5.0% 14.:i% 9.2% 33.0% 20:7% Jackson ( $17.8 31.5% 7.9% 19.4%I . 9.2%j 2.6% 4.1% 17.2% Pitkin 1 $381.4~ 0.3% 17.5%I 1.7% 17.1 %I 9.0% 40.7%1 8.1 % Routt $225.71 3.1 % 29.0% 1.1 % 13. Ei% 5.6% 25.2% 11.5% S.ummit $236.41 0.2°a 8.2°a 1.0% 21.3%j 9.4% 43.5% 10.8% Other: ~ - Garfield $334.9 1.4% 26.4% 2.46/. 13.8%' 5.1 24.4%I 16.4% Lake $46.5 0%I 34.2%j 2.0%1 9.0% 1.8°a 13.5% 25.7% Moffat $139.21 3.5°a 36.1 °a 1.1 % 8.44°tol 2.1 °to D 182% 46 S ~ $3338t?,~~~~ ~ $°lo ~ ~f ~9 lafa :9 :~°I8 7 ~f..a 2fi I ; 8~ l~ 4~ Data Source: 1990 Census 'Total Earnings are represented in mii4ions of dollars FIRE = Finance, Insurance and Real Estate D= Data wittiheld by the Census Bureau In this chart the Total Eamings are the income received by, or on beh;alf of, all residents of the county. The foliowing numbers represent the percentage of the total earnings that were acquired in each industry within the county. For example, in Eagle County 35.8% of the total $:t68.7 million dollars eamed by worlcers residing in Eagle County were eamed in the service industry. Percentages reflected do not total 100°'o because the chart does not account for all indusiries. When comparing to state and national averages, some pattems emerge. Counties with resort based - economies (Eagle, Grand, Pitkin, and Summit) display significantly higher percentage eamings in the "Retail" and "Services" categories. The 43.5% service industry proporsion of Summit County's eamings are the largest percentage in the State for service industry eamings. Routt and Garfield counties show a mixture of eamings from "Mining t3~ Construction" and the "Retail" and "Services" industries: "Mining and Construction" is the predominant source of income eamings for both Lake and Moffat counties. Jackson County displays a pattem very different from the ofhers included in this repoct by displaying sig-• nificantly higher percentages in both the "Farm" and "Manufacturing" industries. _ Report Prepared by: Northwest Colorado Council of Govemments . Linda Venturoni: Community Development Department : , . m GROWTH MAA'tl AGEME1~ T AN ~vERviEw oF GRowTH coO mNATm sTRATEGIEs October 1994 Prepared by Edward Del Duca & Associates 641 N. 16th /Sueet Grand Junction, CO. 81501 303 243-8475 for I~orthwest Colorado Council of Govea°ents CCommunity Develop ent IDepart ent , ' If growth is to be managed effectively it itiust be the respQ?nsibility of tbe community, its leaders and policy mak:ers collectively. Grovvth management cannot be left entirely up to ithe marketplace: it lacks the motivation, is structured for short term individual gains rather than long term community benefit and lacks the necessary jurisdictioan. The applicability of the tools and techniques for maliaging growth described in this document depends on the particular situation ani3 the statutory authority of the jurisdiction. The NWCCOG does not advise an.y jurisdiction to attempt to apply these tools without legale review by their attoi-ney. Freparation of this.document was funded by a technical assistance grant form the Colorado Department of Local Affairs and by the member jurisdictions of the NWCCOG. For additional information conta.ct NWCCOG Community Development Department at P.O. Box 2308 Silverffiorne, Colorado. 80498 (303) 468-0295 x 105. Table of Contents Growth Maragernent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Introduction 1 Typical Objectives of Growth Management Systems . . . . . . . . . . . . . . . . . . . 2 Basic Growth Managerrient Concepts . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. CQardination 3 2. Planning 4 3. Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Concurrency .............................................5 5. Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 , 6. Urban Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7. Attainable Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Economic Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 7 9. Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Growth Management Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1. Adequate Publ'ic Facilities Ordinances (APFOs) . . . . . . . . . . . . . . . . . . 12 2. Urban Growth Boundaries or Urban Limit Lines . . . . . . . . . . . . . . . . 15 3. T'iers 17 4. Urban Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5. Transfer Development Rights (TDRs) . . . . . . . . . . . . . . . . . . . . . . . . 19 6. Quota Systems or Annual Permit Limits . . . . . . . . . . . . . . . . . . . . . . 21 7. Three Mile Plans / Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8. Rural Area Land Protection Strategies and Techniques . . . . : . . . . . . . . . 24 9. Utility Service Areas - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10. HB 1041 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11. Bonus and Incentive Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12. Attainable and Affordable Housing . . . . . . . . . . . . . . . . . . . . . . . . 30 13. Intergovernmental Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. Exactions and Impact Fees . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 33 15. Interim Control 11Reasures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 , 16. Temporary A/Ioratoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Creating a Growth Coordination Strategy . . . . . . . . . . . . . . . . . . . . . . . 37 Shaping the Future . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Community and Group Process . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . 37 Using Alternative Growth Management Scenarios . . . . . . . . . . . . . . . . . 38 Evaluating and Comparing Alternative Strategies: . . . . . . . . . . . . . . . . . . . 40 Selecting the Preferred Management Plan . . . . . . . . . . . . . . . . . . . . . . . . 41 Common Issues . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 41 Some A/[ethods of I)etermining I)evelopment Limits . . . . . . . . . . . . . . . . . . . 44 APPendix ..............................................47 h Growth Management An Overview of Growth Coordinwion Strategies Once associated with rigid growth control, slow-growth or no-growth, the term growth naanagement now de~criRaes a aaa°iety of strategaes t?nat strive to achieve a coordinated appro~ch go adda°essaIIag the pahysica9, socia? and environmenta9 impacts of grovathe Growth management strategies are not pro or anti growth. They can be used to stimulate growth and to conserve natural resources and open space. Some strategies can also help make land use regulation more equitable. ~ irepo~ ~ ari es the sttrage~ies anafl assocflated land aase too?s cau°eently beang ussed tfiaroaaghoant ghe United State.s to ananage growth. Growth management strategies typically build upon and go beyond traditional planning tools. They add another dimension to how communities use comprehensive plans, zoning and development codes, capital improvement and public facility plans. 'd'raditional planning tools focus upon establishing consensus on desired future conditions and on setting development standazds, (planning what). Growth management strategies typically set up a more comprehensive process for making those conditions and standards a reality in more effective and efficient ways and usually involve the coordination of plans and policies of several jurisdictions. They place the commuaity in a more active, rather than reactive posture about how their plans for the future unfold addressing the quality, rate, location and/or timing of growth, (planning how and when). - ARany of the States and communities that have experienced growth pressures in the past two decades have turned to coordinated growth management strategies as an answer to growth related problems.' They were often acting to ensure the long term viability of their communities confronted with: traffic congestion; unplanned urban and suburban sprawl development; lack of affordable housing; loss of rural and urban open space, agricuitural land and wildlife habitat; water quality and quantity issues; and erosion of quality of life due to inadequate public facilities and infrastructure. flddressing these interrelated and inter jurisdictional problems one at a time in a piece meal, issue by issue or individual jurisdiction approach is often infeasible and has a long track record of being inefficient and ineffective. Instead, communities are using growth management concepts to create cooperative inter jurisdictional solutions necessary to manage growth issues simultaneously, effectively and comprehensively. They hope to avoid the heavy social, environmental and infrastructure costs of sprawl development patterns and the negative drag these create on local economies. 1 So far Vennont, California, Florida, Oregon, North Carolina, and Hawaii (in the early 1970's) followed by New Jersey, Maine, Vermont, Rhode Zsland, Georgia, Washington State (in the late 1980's) and Maryland (1992) have adopted some form of state wide growth management system. Massachusette, Connecticut, and New York have implemented state wide comprehensive planning. Others, including Virginia, Pennsylvania, and Texas, have begun to consider a state or regional framework for comprehensive planning. Colorado took some steps in the early 1970's towards state, regional and local comprehensive planning but this movement made little progress. 1 t Typical Objectives of Growth Manaigement Systerrns 1. Optimization of pubGc investment in infra.sl:ructui'e, public facilflties andi services through more predictable and efficien.t development patterns and more effective phasing to meet current and future nireds. Keeping the cost to provide public services and taxes as low as possible. 2. Inter jurisdictional cousis-tency - using mutually defined desired results to facilitate better coordination of policies and re-gulations to implement the mutual goals of affected jurisdictions. 3. Using a deliberate, comprehensive and coa-dimated process to estabinsh aod accomplish commu~ity goals which are based on varied perspectives and strong citizen participation. Raising the level of plamning with increased rationaliry, comprehensiveness and responsiveness. , 4. Addressing root causes of problems and sollving inter-re?ated problems simultaneously, efficiently and effectively. Rather than addressing symptums in a piece-meal manner. Avoiding the creation of future problems which will need to be addressed. 5. Protecting the interest's of the community and it's qualnty of life. Allowing new development at a reasonable pace withoiit eroding the level and reliability of services, reducing availability of facilities or exceeding infrastructure capabilities. 6. Creating a more liveable community with (ievelopment patterns that are rnore compact, efficient, and convenient. Defininl; urban form and improving development design with closer functional relationship to infrastructure and transportation. 7. Balancing growth and'environmental protection through wiser use of lirnited resources, placing greater emphasis on the quality of natural and created environments and integrating development with natural processes and local ecosystems. Creating whole communities with an adequate and diverse supply of attainable housing, that is reasonably balanced with employment opportunities. 9, protecting rural economies and complete iecosystems. Protecting the support services need for agricultural operation. Conserving open space, environrmentally sensitive areas, wildlife habitat and important forest and agricultural lands. 10. Providing positive economic stunulation where and when it is necessary aTtd moving the community towards long term economic and environmental sustainability with less reliance upon new girowth for continued prosperity. 2 y~ a Bas'ne Growth IVianagement Concepts management sy~ems typically incorporate the fol~owing conceptse 1. COORDIRIATION 6. UItBAN FORA/i 2. PLANNIlVG 7. ATTAINABLE HOUSING 3. CORISISTENCY 8. EC0N0MIC DEVELOPMENT 4. CONCiJRRERTCY 9. TIR/TIIVG OR PHASING 5. CONSERVA'I'ION These concepts are described below. &amples of growth management techniques arui tools that apply them are provaded in the next section of this report, "Growth Nlanagement Tools 1. COO INA"I~~ON . Agrowgh managenneng p?aan couYd allso be considered a "growth coorslination strategy"e Since growth pressures don't stop at jurisdictional boundaries, successful growth management is usually only feasible through a cooperative inter jurisdictional effort. Coordination of decisions and policies of municipal and county governments, special service districts and other jurisdictions is often essential to obtaining the economic, social and environmental benefits of coordinated and efficient development. Colorado State Statues do not require coordination and consistency between municipal and county land use plans and development policies, or between governmental jurisdictions and service districts. But they do empower and encourage jurisdictions to cooperate.2 The statutes are brief and broadly worded providing substantial flexibility for intergovernmental agreements. Another level of government is not necessary to effectively implement growth management plans. In fact, growth management plans are typically implemented at the municipal and county levels of government. However, managing growth in a coordinated manner may require.re- evaluating existing structures, changes in perceptions and in the inter-relationships between jurisdictions as a part of a team. Jurisdictional boundaries, such as city limit lines and service districts could be used as tools rather than being barriers to implementing growth management strategies.3 Although coordination may be time-consuming, it can result in growth patterns that accommodate the effective provision of services and facilities from economic, social and environmental perspectives and fairly distribute revenues in relation to impacts and services. Z Land Use Control Enabling Act CRS 29-20-101 "CRS 29-20-105. Intergovernmental Cooperation. Without limiting or superseding any power or authority presently exercieed or previously granted, local governments are authorized and encouraged to cooperate or contract with other units of government pursuant to part 2 of article 1 of this title for the purposes of planning or regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building and related regulations." The planing and regulating powers are identified in 29-20-104 and 105. CRS 29-1-201 et seg. state a purpose of "permitting and encouraging governments to make the most efficient and effective use of their powers and responsibility by cooperating and contracting with other governments..." 3There are numerous examples of intergovernmental agreements regarding land use planing and growth boundaries including: Larimer County and several municipalities Fort Collins, and Loveland, CO.; Pitkin County and Aspen, CO.; Boulder County and Boulder, CO. 3 2. PLANNING Growth management systems are built upon a solid plaiuiing fowadatiom. Comprehensive plans, economic studies, research, projections and public iri-put are usually used to guide the preparation and use of the management plan. Projections c:an be used to evaluate the benefits and consequences of alternative growth management strateg;ies during the planning process. Together these realistically document needs, problems and opportunities and facilitate development of clearly defined goals, objectives, principles, policies and standards that are feasible to implement. Developing a growth management plan can be combined with the comprehensive planning process or it may be overlaid as a means of evaluating, updating and / or implementing previously adopted plans. Since most growth management requires intex- jurisdictional cooperation, the planning process provides an. excellent vehicle for coordination of plans and policies. A sounc? planning process helps the community establish growth management goaLs and objectives that are:. 1) realistic 2) capable of implementation by reasonable means 3) more likely to be supported by the community 4) legally supportable as legitimate ends of police power regulation 5) more likely to stand up against legal challenges of being arbitrary, discriminatory or a taking of property A suggested planning process and some techniques that have been used do develop regional growth management goals and objectives are described in the section on planning techniques later in this report. 3. CONSISI'ENCY Consistency and coordination of policies is fundamental to successful growth management. The goals and policies within each of the jurisdictions managing growth together must be consistent with the growth management strategy. 1) All of the policies of the various departments within the jurisdiction should work together in support of the growth management strategy. 2) Typically, rational distinctions are made between di,fferent functional and geographic areas addressed by a plan and appropriate objectives are set for each azea. The goals and objectives of these various areas should be complementary. Accomplishing objectives of one area should support, and must not undermine tlie accomplishment of objectivi-Is of another area. 3) The plans and policies of affected jurisdictions shoiild support and be consistent with the overall growth coordination goals. Jurisdictions mi.ght include adjacent municipaXities, counties, water and sanitation districts, recreation and other special districts, school districts,, federal and state agencies, etc. 4) Inter-jurisdictional agreements should be used to ensure consistency, cooperation, and coordination with adjacent or affected jurisdictions. Colorado State Statutes perniit a fairly broad range for inter-jurisdictional agreements. 4 • Many of the shortcomings that have occurred in areas where growth management techniques have been applied are the result of unilateral action and alack of coordinated and consistent policies of all the jurisdictions affected by the growth management strategy. Without inter- jurisdictional coordination, the growth impacts controlled by one jurisdiction are often transferred to other nearby jurisdictions undermining the management of growth and often creating undesirable or inequitable results for the jurisdictions involved. In some States vvhere comprehensive planning and growtti management strategies are mandatory, new plans must meet the test of being consistent with state and regional goals and with the plans of other affected jurisdictions before they can be adopted.4 Although inter jurisdictional consistency and coordination is not required in Colorado, jurisdictions can and have used intergovernmental agreements, joint planning efforts and joint adoption of plans to achieve the mutual benefits derived from consistent policies and coordinated solutions to regional problems.5 4o CONCURRENCY The concept off concu,r¢ncy reqaaares that adeqeaate nnfrastfl-ucture, pubfic segwaces and ffacWtaes ueecessaay go maantaaan the &evel of service skandarc?s adopted by the commanity are availab?e simuHtaneoans wngh deve?opment or wathia a specific tnme pea-eoai. Concurrency requirements protect the community's interest by ensuring that its quality of life is not eroded by new growth. They go beyond "impact fees" by requiring the physical improvements or mitigation measures to be in place at the time the impact occurs. They _ typically address, but are not limited to: sveet and/or mass transit service levels; non-motorized circulation systems; utilities; schools; developed parks, recreation facilities and open space; police, fire and emergency services; waste management; air quality; habitat improvement and mitigation measures; affordable housing; etc. Concurrency requirements should be supported by the adoption of facility and service level standards and long range capital improvements and facilities plans and programs. A sample of standards associated with an Adequate Public Facilities Ordinance is provided in the section on growth management tools. 5. CONSERVAT]ICN , l[ngerest in conseuving or protecting open space, iinportant natura9 and cuYtearall resources affid agricanltura9 9and n~ often a paat of the commaannty's motivation for managagag growt6. ~onservaguon is often more ffeasoble and effective as a paa-~ of a grovvgIla unaaaagecnent plan whncfln can saapport conseu-vatuon effouts in anany ways> a) The economic and environmental implications of conservation goals can be realistically assessed as a part of an overall growth management planning study. The feasibility. of implementing conservation goals can be evaluated and appropriate strategies developed. b) Implementation strategies to protect or restore important agricultural and forest land; open space; environmentally sensitive or important areas; historic buildings, sites and 4Consistency requirements are incorporated in growth management regulations in Oregon, New Jersey, Washington, Nevada and California. ' S Some examples of inter-jurisr3ictional cooperation include Larimer County and Loveland, Fort Collins and other municipalities; Boulder and Boulder County; Aspen and Pitkin County. 5 trails and cultural assets; etc., can be integrated into the overall growth management strategy and supported by and linked to policies an(i goals of other areas of plan. c) Growth could be directed to and accommodated in :more appropriate areas reducing the effect of growth pressures on areas to be conserved. d) Conservation could be made more equitable for the owners of lands to be conserved. - e) Additional tools may be available or more feasible ito use to accomplish conservation goals as part of a_ growth management plan. These may include but are not limitted to: o Transfer or purchase of development rights . o Incentives for conservation easements and cluster developments o Urban growth boundaries or Urban/Rural boundaries o Specific regulations developed for designated agricultural and rural areas c;an be used such as rural subdivision regulations ajid development standards, right to farm ordinances, exclusive agricultural districts, etc. 6. UIZBAN FORM Economic, environmental and social costs are often directly related to development patterns. Strategies that control urban form can create more compact, clearly defined urban areas that use infrastructure and resources more efficiently and reduce the cost of providing and maintaining urban services. The most common methods of conuolling urban form incliide use of: a) An urban growth boundary or a system of boundaries (tiers); b) A capital improvement program that controls the la; ation, scale and/or timing of infrastructure improvements; c) Utility service area boundaries; d) Annexation plans and policies and/or three mile plans; e) Intergovernmental agreements on adopted plans, development policies and on the items a) through d) listed above. These methods are often used in combination, along with c?ther land use regulations, to create an effective strategy to control where urban development will occur. Urban form strategies seek to control urban sprawl, randor.n and leap-frog development patterns. These patterns often: o waste valuable land and energy resources o increase air and water pollution o increase the cost of housing and of o encourage a piecemeal approach to providing infrastructure and urban services deve;lopment o increase taxes to cover higher maintenance o prematurely commit rural areas to and urban service costs incompatible urban uses o undermine provisions for mass o make the implementation of infrastructure transportation and public Facilities plans inefficient or o contribute to the decline of downtown infeasible areas o undermine conservation efforts 6 / o ATTAIN LLJHJ 11 LlOLLJ S1;L1 V`1L Recently adopted ge-~wth ffi~nagemeant galans have been a friend to attainable taousing. They nncoa-porate strategies tha~ create a dlversiBy of housang oppoattuxat6es and avariety o~ resndengnal alensign~ and hoaasang t3pes tlnat ean be afforded by vaa-gouss nncome leaels vvnthin the communitye Attainable housing has become a regional issue in more and more locations. Concepts like "Regional Cieneral VVelfare I)octrines" and "Fair Share Allocation" have been used at regional levels to help communities provide a fair share of needed attainable housing based on their growth and the impacts it creates. These concepts require regional cooperation'which is mandatory in some States. Some growth management plans view attainable shelter as a social and economic necessity rather t)nan a commodiry. A lack of affordable housing in growing communities has caused substantial negative environmental, social and economic impacts for both the communities that are supported by a ' work force of commuters from adjacent communities (or unincorporated areas) and the communities that house and provide services to the commuting work force. 8o IECONOMIC DE`~VIEILOP N'II' GrowtYn managemeng p9ans sIlnould nnc8ude econoannc development stragegiese These caffi be aosed toa a) stimulate development during slow economic times. b) provide incentives to encourage the type of development that is needed to balance the communities growth, or c) direct deveiopment to locations where it is desirable. One of the purposes of growth management is control of the rate of growth. This purpose applies during economic slow downs as well as during booms. An economic development strategy enables the plan to address the rate of growth during slow and boom times. Growth management plans that did not contain an.economic developrrient strategy have often been weakened or abandoned during periods of slow economic growth. Opponents to growth management could argue that the plan served no function except to slow growth. The economic development goals of a growth management plan should include: a) Creation of a balanced community with an adequate mix of residential, commercial, industrial and other land uses. . b) Guarding against extremes such as the creation of a bedroom community with insufficient tax base to support the needed services or the creation of an employment center that lacks an indigenous work force and sense of community; c) Stimulation of a diversity of housing rypes (and an adequate supply of attainable housing); d) Stimulate employment or commercial development as necessary; and, pursue ways to move the community towards a more mature state of sustainability with less reliance on continued growth for prosperity. 7 In adclition to containing a posative economic development strategy, ianplementang a growth management strategy has inherent economic development benefits including: a) Redirecting urban sprawl can help maintain the economic vitality of core areas. b) Preserving the economic viability of agricultural uses in rural areas is compatible with urban form and open space preservation concepts. c) Efficient growth patterns reduce the communiry's dependence on energy, lower the cost of providing and maintaining services and lowE;r the cost of living. This keeps a significant amount of money circulating within the community and increases the communities overall economic competitiveness. d) Efficient growth patterns make more efficient use of resources and reduce pollution. This expands the potential holding capacity of geographic areas and increase the long term potential for growth and economic development. e) Development that reduces the communities dependence on new physical growth for continued economic prosperity can help make ttie economy more sustainable. (An economy based on physical growth can not be sustained indefinitely and is more susceptible to boomJbust cycles) 9. TIMING Several growtth manageffient strategies control the timing, rate and/oa- the sequence im which growth occurs. Tine most common methods include: a) Phasing of capital improvements and communit:y facilities b) Quota Systems, and c) Tiers Controlling the timing of development in a community or in different areas of the community can help: a) make provision of public services more efficient b) optimize public investment in infrastructure c) encourage wiser use of land d) prevent premature urbanization of rural areas e) facilitate a balance between residential and employment generating developmerit f) even out the rate of development, spreading development out over a longer tirne period at a steadier pace. g) reduce the social impacts often accompanying bc?om and bust economic cycles. 8 " 1e IPhasaBng off cCapntall I[mpu~~~~~~nts aand Commannity IFacnligaes As well as determining the location and intensity of development, capital improvements and public facilities can be used to determine the rate and timing of growth by nncluding phasung or giming nn the llong r~~~e capatall anprovememts and facilities p?anse Phased capital improvement programs are used in conjunction with concurrency requirements like adequate public facilities ordinances and subdivision regulations which require capital improvements and facilities to be provided as a condition of development. New grovvth is Unked to the timing o$' ghe capitaIl impr~~~~ents ana? co unity faCWt'es Qwhich ns set by ghe commimn ty> rather' than by expan.sfon off capaga? nnprovements and facalities teing driven by new growth. Phasing can be applied to schools, libraries, parks, and other public facilities as well as infrastructure such as major streets and utilities. It can be used in conjunction with timing strategies in tiers, to accelerate or slow growth in different areas or timing can be related to efficient use of existing facilities to encourage in-fill development before expansion is allowed. Although communities rely upon developers to provide most capital improvements and assess impact fees for public facilities, they can still use phasing to time growth by incorporating phasing of utilities and facilities into the approval of developments and into subdivision improvement agreements. 2e Tneu-s The use of tiers allows a community more flexibility in applying phasing and quota systems. Tiers create a series of boundaries designating areas which have different growth management goals and policies. These policies can include the rate and timing of growth in each tier and the sequence in which the tiers will be developed. The management goals of the various tiers are designed to work in tandem as a part of the overall growth management plan. For example: the timing of when urban development will be allowed in each sequential tier could be controlled to ensure a reasonable amount of in-fill development of the prior tier; or, the growth rates in residential and.commercial and/or industrial tiers could be linked to help ensure a balance between housing and employment in the community. . 9 3. Quota systems • Quota systems control the rate of growth by limiting the aimual number of permits issued for residential and/or commercial or industrial uses. The numiber and location of permits issued can be related to: a) a set percentage of annual growth b) a fixed number of permits issued each year for various types of development c), a phased capital improvements program with pl~inned infrastructure capacity d) a phased public Facilities plan for parks, open F?ace, libraries, public services, etc. e) phasing imposed duririg the approval process of new developments. fl, mitigation strategies for environmental constrainits such as water availability, air quality, wildlife habitat, drainage management Eind water quality, etc.b g) approval of developments representing a fixed amount of growth each year. (Use of short time limits on development .approvals can help make this system more precise and prevent speculation on land use. ) Several communities' have used quota systems that use a fi:Ked percentage of growth to set the number of permits to be awarded annually. They use a cornpetitive scoring process baseci on how well proposals meet a set of criteria to select which projects receive a limited number of building permits to be granted each year. This has provided greater control over the type and quality of growth. Using this system to limit building permits on properties with vested development rights has been complicated by recent U.S. Supreme Court decisions (Dolan and Nollan cases). Property owners with zoned land and vested rights could argue that their property rights have been taken without compensation because they may never win the competition and be allowed to develop their property. However, communities can still use quota systems and use competitive scoring based on design criteria as a basis of approving proposals in several ways such as: a) Applying them to the approval of projects without vest rights, such as applications for new zoning. b) Tie building permits to environmental or physicaLl constraints, or c) Base building permits on phasing of capital improvements and Adequate public facilities Rate of growth limits should be based upon a philosophy of "managed" or "planned growth" rather than "no growth". Recently, concepts like regional general welfare doctrines and fair share allocations have played a role in shaping strategies that address the rate of growth. Under these concepts each community has a responsibility to plan fior a responsible share of the growth that comes to their region. In some states regional cooperation on growth rates is mandatory including the provision of a fair share of attainable housing. 6 Planning with environmental limits in mind is far better than simply lett:ing the limitations become an unofficial moratorium or lowering community standards and quality of life when limits are reached. 7 Quota systems were initiated in Petaluma CA. and are used by Aspen and Pitkin County, Boulder, CO. The statute of limitatio:ns on these particular eystems have expired. 10 Growth Management TooYs A variety of growth management tools and techniques have been developed by states, regions and local governments throughout the country to guide the type, intensity, location, timing, rate and quality of growth and make regulations more equitable. Used in various combinations and supported by traditional land use tools, they create a comprehensive growth management system custom designed to met Phe rteeds of a particular area. They typically rely on inter-jurisdictional cooperation to coordinate growth. Some of the more commonly used techniques and tools used to implement growth management concepts or which are used as a part of growth management strategies are briefly described in this section. They include: - 1. Adequate Public Facilities Ordinances (APFOs) 2. Urban Growth Boundaries or LJrban Limit Lines 3. Tiers 4. Urban Form 5. Transfer Development Rights (TDRs) 6. Quota Systems or Annual Permit Limits . 7. Three Mile Plans / Annexation 8. Rural Area Iand Protection Strategies and Techniques 9. Utility Service Areas 10. HB 1041 Powers 11. Bonus and Incentive Zoning 12. Attainable and Affordable Housing 13. Intergovernmental Agreements 14. Exactions and Impact Fees 15. Interim Control Measures 16. Temporary Moratoria Some traditional land use planning tools used in association with or to support the tools listed above are very briefly described in the appendix. 11 1. Adequate Public Facilities Oraiinances (APF0s) ' APFOs are based on concurrency. They limit new growth to the community's or the developer's ability to fully comply with all the community's standards for infrastructure, services and facilities in proportion to the on-site and off-site impacrs of the proposed growth. APFOs _ go beyond assessing impact fees. They require the necessar.y facilities to be in place at the time that the impacts occur. . APFOs protect the interest of the community by ensuring that new development does not erode the availability of public facilities, lower the level of services provided or exceed the capacity of infrastructure. Adequate public facilities ordinances can be used in relation, to a variety of facilities that aie impacted by new growth including but not limited to: Infrastructure - water, sewer, drainage, street systerns, waste management, etc. Public facilities - parks and recreation areas, libraries, schools, municipal offices, etc. Community services - police, fire, ambulance, including equipment needs, etc. APFOs have been referred to as the "truth in planning" ordinances. They provide a r.eality check that helps to prevent the incremental erosion of the cc?mmunities level of service by approval of projects which individually may have only small impacts but which eventually add up to serious deficiencies. These deficiencies are then paid for through higher taxes or grants made from federal or state taxes. With tax limiting legislation like Amendment 1(TABOR) in Colorado, adopting a comprehensive APFO as a part of a g;rowth.management plan (or at least a comprehensive impact fee structure) is prudent, particularly in small communities which may have no other means to ensure that services and facilities will keep up with new development. The difference between an APFO and an impact fee struicture is that impact fees are typica9ly used in reaction to development proposaLs while APFOs can lbe used proactively to direct the location and timing of growth.g Used in conjuriction with long range capital improvements programs, APFOs can direct growth to appropriate locations by controlling where required utilities and facilities will be available, control the intensity of development by the planned carrying capacity of those facilities and control the t:iming of development by controlling when the utilities and/or facilities will be expanded in a particular area. APFOs can be applied using utility plans, an open space and parks development pla.n, a master street plan, a fire protection plan, library expansion plans, etc. Using APFOs to direct the timing and sequence of growth is possible when communities require developers to install infrastructure improvements and to pay impact fees for facilities by incorporating the phasing of capital improvements and facilities into development agreements, or to issuance of building permits, etc. e The City of Ramapo, N.Y in 1969, spearheadeci the right of communities to use the concept of concurrency to control the timing and sequential phasing of development by controlling the provision of utilities and public facilities. They used a long range capital improvements and facilities, program to specify when <and where utilities would be extended and capital improvem-ents would be made and limit:ed growth to areas which were adequately served with the!se facilities. 12 AIPFOs caun be u.sed wntIln a perfformance zmnlmg system to direct land uses to areas where they will make the most efficient use of existing or planned facilities. For example the system can require uses witl? high numbers of employees to be located on a mass transit route or higher . density residential to locate in the proximity of a park, etc.9 Caentnoues. ildhen designing a growth management system that uses concurrency requirements like APF'Os, care should be taken to ensure that the system does not discourage in-fill projects in existing developed areas and encourage perimeter development. 'I'his can occur when. existing areas have deficiencies in public facilities or are developed in a way that makes it more difficult for growth to meet neev APFO standards. To prevent this, APFOs could incorporate incentives or exemptions for in-fill projects, use different standards for different areas, or use surcharges or higher, impact fees for outlying deveiopment based on additional costs of preparing for and providing services to outlying ateas and to offset additional costs of providing F'acilities in a developed area for an in fill project. It is note worthy that strict concurrency requirements such as those imposed by APFOs have not always had the anticipated effect of raising housing costs. Instead, the cost of land has been adjusted to reflect its intrinsic value including the true development costs. Communities that use APFOs do not have costs added later through special improvement districts or have higher taxes to pay for improvements that should have been installed with the initial project. It is often a matter of pay now or pay later.,With APFOs it is new growth that does the paying. To use AIPFO co~~~~~ ~~fectivelly g~~ ~ommaannt~ musrte a) Adopg a coffipreflnensIlve set of standards and phasing plans gor naafrasttg-ucture, pub9nc ffacaIlitnes andl sea-vncese APFO requirements can be most easily used when these standards are expressed per unit of demand for each public facility or service. A sample of standards is provided on the following page. Where utilities are provided by special districts, inter jurisdictional agreements can be used to set phasing plans or the city or county could use 1041 powers to control the . expansion of water and sewer lines. lb) ImpHemeant.a pro,pect approvall mr permit process tha4 can access appropaiate anpaccts oan proposed pro,pects aanc? aan enforceaneaag ~~~anism that prohibits new deve?opmeant - aanfless adeqanate ffacflnties to ~ddress its anpacts, as defined by the coanffiaanity's staundards, aa-e avau9ab?e or consBraected patior to or concurrent wath the new deveflopment. 9 A similar system was used by Fort Collins, CO. under their "land use guidance system". 13 SAMPLE PUBLIC FACILITY AND SERVICE STANDARDS FACILITY/SERVICE STANDARD City Admanistrative Facilities 1500 square feet per 1000 population must be scheduled for construction within three years. Ubrary 800 square feet per 1000 populadon must be scheduled for consauction within a five year period. Schools 10 % of the land proposed for development or cash in lieu there of and school capacity to meet projected enrollment within the district must be provided prior to projected occupancy. parks Three acres of neighborhood park within 1/2 mile and three acres of special use district park wittvn 2 miles per 1000 population to be in place concurrent with development. Open Space 10 % of the total land azea of the development inclusive of developed parks buc ezclusive of environmentally constrained non-developable land must be sec aside for permanent open space and must be available concurrenc with development. Drainage Drainage facilicies to limit cw3-off to historic rates must be in place concurrent wi[h development. Circulation No road segment or intersection which is impacted by development shall be projected co exceed a service level C during off-peak hours, nor service level D during peak biours. Impacted means where any of the traffic generaced by [he development will use the road segment or incersection. Fre No occupied swctures shall Ibe outside a.10 minute response time. police There shall be 2 fully equipped officers per 1000 population. Wastewater Treatment Capacity Sewer plant capacity is adequate for at least five years of projected growth. . Sewer Collection System Tnuik line capaciry to meet demand must be in place concurrent with developmene. All new lines must comply with capital Improvements plans. Water Treatment Capacity Treacment plant capacity is adlequate to serve five years of projected growth. Wa[er rights to 0.6 Cubic feet per second per 1000 population from a 200 year supply of sufficient seniority (defined by the community) is provided concurrent with development approval. Water Distribution System Line Capacity to meet demand and a minimum of 10 average day storage capacity must be in place conr_urrent with new development. All new lines must comply with capital Improvements plans. When setang standards, existing deficiencies should be- recognized and new standards based on actual projected needs rather than simply projecting ezisting standards. Obviously standards will vary for different communities and may change as communities grow. Standards should be reviewed and updated periodically. 14 2. UH°baIIIl Gr~wth Bofl}lIl~daIt°fl€ES oII° UII'baY& ILflmllt ILiHIles Urban growth boundaries establish a perimeter enclosing all the parcels that are or will be permitted to develop with urban uses (commercial, industrial, residential, recreation, etc.). The urban growth boundary separates the presenf and future urbanizing areas from areas that will remain rural, agricultural or non-urban. Urban growth boundaries are usually designed to accommodate growth for a specified time period, typically the next fifteen or twenry years. "Tiers" are sometimes used within the urban growth boundary to designate individual management areas or shorter term boundaries as a part of an urban growth boundary system. , The concept of urban growth boundaries is included in several state mandated growth management plans.10 Url~~n growtIln boaaIlndaries can promote> . a) more efficient use of inftastructure and lower infrastructure costs; b) less disruption of non-urban uses and removal of some of the impetus for land speculation outside the urban boundary; c) protection of whole economic and environmental systems; d) compact urban development, in-fill development, redevelopment, revitalization of downtown areas; e) wiser land use; fj containment of urban sprawl leap-frog and haphazard development patterns and of strip commercial development along highways; g) efficiencies in provision of services. Advantages off an g1a-ban Growth BoucndaH-yo Although comprehensive plans and zoning regulations can be used to establish urban and non- urban areas, use of an urban growth boundary clarifies this distinction. Establishing clear boundaries between urban and rural areas helps preserve the identity and sense of community. A more compatible transition between urban and rural uses can be created and urban development pressures can be relieved in the rural areas outside the urban growth boundary. Different development standards can be developed specifically to accommodate growth within the urban area and to preserve the rural character of the non-urban areas. Setting an urban growth boundary to accommodate growth for a determined time period facilitates more efficient capital lo perhaps the most experience with urban growth boundaries comes from the State of Oregon which required cities and counties to cooperate in the creation of urban growth boundaries in their state planning policy adopted in 1973. Sacramento County, CA. also adopted an urban growth boundary in an attempt to protect prime agricultural land. Weld County, CO. uaes an urban growth boundary concept in an attempt to preserve agricultural land and direct growth towards existing municipalities. The City of Gunnison, C0. included an urban growth boundary in their comprehensive plan adopted in May, 1994. The city and counties of Boulder, CO. have established a"green line" limit in which they are purchasing land and using conservation techniques to create an open space boundary around the city. 15 improvements programming. ' Urban growth boundaries can facilitate use of other strategies such as phasing, tiers, transfer of development rights, transit oriented development, annexation and urban fringe area policies. The location of the urban growth boundary should support the goals of the comprehensive plan and .be established as a part of a public planning process. A variety of criteria is often used in combination to set a growth boundary. Some criteria that might be used include: a) desired build out population -t1?e boundary accornmodates target population relating it to the holding capacity of proposed urban areas at desired densities ' b) set number of years - The boundary is set to accommodate growth at established rate for a fixed number of years, (typically 15 or mo-re years) c) land capacity analysis - selecting urban areas bas,ed on cost and efficiency of providing urban services d) land suitability analysis -defining the most appropriate areas for urban development based on physical characteristics, environmental considerations, function, etc e) jurisdict'ional boundaries - city limits, water, sewer and other service district boundaries fl community vision - boundary includes areas the community believes suited for urban development and excludes areas it desires to remain rural g) desired urban form - setting the character of the community and how it functions by establishing a physical development pattern When establishing an urban growth boundary, consideration should be given to implementation strategies. Implementation may require coordination of plans and policies of the city and county and of water and sewer service providers. Joint city and county adoption of the urban growth boundaries and policies that are supported by intergovernmental agreements are strongly suggested. The growth boundary should be reflected in three mile plans, annexation plans and policies, capital improvements plans and programs, the corriprehensive plan of the city and the county, zoning and subdivision approval processes, service area limits, etc. Fears of establishing absolutes by setting an urban boundarii can sometimes be reduced by including a periodic review of the boundary (eg. every 5 ye:ars) and/or establishing a pra;ess for minor boundary adjustments. However, these should be linnited and governed by clearly defined criteria to prevent the boundary from becoming meaningles:> through frequent adjustment. 16 ' 3. °IrIlcers Tne~ are a §eraes off bounrmdarnes whach de~°i~e geographic ueas and establish appropraage deve?opment poflflcnes, skandards aad g' °g gor each area>" 'I'he policies for each tier relate to its goals and function, its relationship to other tiers and to the goals and policies of the broader growth management plan.'Z Polices can establish the timing, rate and/or sequence of development of tiers; designate tiers for accelerated development, future development or conservation or as sending or receiving areas for transfer development rights, etc. Tn~~ ~re n~~ sam~ ~~oninge Tiers overlay land use and zoning and establish management policies. 'I'hey rely on traditional land use controls like zoning for implementation. Tiers may or may not be concentric, they can help implement any of the urban forms discussed in the next section, they can follow mass transit corridors or rivers, or be free standing nodes. 'I'here might be more than one tier of any type in the plan. A growth management plan using a tiered system might include tiers designating areas as: 1. Redevelopment V. Future Urban II. Developed Core VI. Rural III. Developed Urban VII. Conservation IN. Urbanizing Policies in the "Redevelopment" tier might include development incentives or be a receiving area - for development rights transferred from the "Conservation" tier(s) or from Historic Districts in the developed core.13 Policies in the "Urbanizing" tier might include a phasing program to regulate the timing and sequence of development. Tiers planned for urban development may be set to accommodate growth for a set period of time, their development might be phased in sequence. Each tier could be of a scale to provide efficient provision of urban services and to optimize investment in infrastructure and public facilities. Polices could promote in-fill development and control of urban sprawl. Inter-related policies of tiers can be used to maintain a balance of the type of development that occurs in the community. • Policies in the "Future Urban" tier may limit the rate of development and prohibit higher intensity development until the Urbanizing tier(s) are nearly developed. Development standards in the Future Urban tier would anticipate future higher intensity urban uses. a Policies in the "Rural" tier may include right to farm provisions and development standards that do not anticipate future urban level development and be designed to preserve the rural character. Care should be taken to ensure that the use of timing in tiers does not prevent provision of attainable housing, that the policies within the tiers are complimentary to each other, and that all the policies of the individual tiers support the growth management strategy. 11Tiers were originally used in Minneapolis - Saint Paul, NIIQ. 12Tiers were used in Minneapolis-St Paul in the early 1970's. Elements of the concept are used on several growth mariagement strategies throughout the nation. 13Santa Barbara, CA. used TDRs out of their historic district as a means of raising funds for restoration. 17 4. Urban Form Establishing a desired or functional shape of the communiry or pattern of uses within it can • determine where and how growth will occur. Urban form concepts can be implemented using urban growth boundaries, tiers, performance standards, zoning, performance standards, etc. The following are some of the urban forms that have been used t:o plan communities and manage growth. Concentric Rangs - Concentric rings are a system of tiers e:manating from the core area(s). This concept often includes a transition in development intensity 1`orm high density in the ring closest to core area and ending in very low or agricultural designation in or outside the outer ring. It provides a transition from urban to sub-urban to rural intensiry of development concentrating the most intense development in and around the core area(s). Urban Activity Centers - This growth pattern is a simplified tiered approach in which urban cores or existing towns are designed growth areas and slated for accelerated growth. These are often surrounded by existing or future development areas in which urban level services exist or are planned. The remaining areas are rural or agricultural. When using this concept care should be taken to ensure that the scale of the tiers and allovved densities are appropriate to accommodate growth for a set period of time (like 15 years). This development pattern should not simply result in residential sprawl around existing communities but should be designed to be pedestrian oriented and supported by mass transit.1° Radial Corricflors - This pattern concentrates development along transit corridors and is typically associated with areas that have a large urban center from wh.ich the vansit system emanates like spokes on a wheel. The areas between the corridors are ofte;n open space, agricultural or very low density and may be areas from which development righis are transferred. Nodes arourad transit stops could be designed development rights receiving areas.15 When using this development pattern, policies should prevent the creation of unattractive strip development along the length of the corridors. Urban/Rural Service Areas - This growth pattern uses the :relative cost of providing services as a means to define tiers. Land capability analysis - using planning and engineering studies are used to define the areas that are less costly and more efficient to serve with utilities, streets, transit and other urban services that may be appropriate for urban development. These areas, . which can be efficiently and cost effectively developed are placed within the Urban Service Boundary and receive urban uses and services. Areas that aire more costly to provide with urban services or that contain unique, prime or important.agricultural land, visually sensitive or important wildlife habitat, etc. are placed in Rural Service A,reas which are planned for very low intensity rural or agricultural uses, or for conservation and receive rural levels of service and infrastructure improvements. 14This pattern was used in Baltimore, D'ID. and is now being used in redevelopment areas of Los Angeles, CA. 1sThis pattern was used around Washington, DC. 18 - ~~ansig Oraentedl Developmeng -lfiis growth pattern is a series of mixed use villages. Each village contains commercial and business core, neighborhoods, open space and parks to meet its needs basic needs. The villages are designed to function at a pedestrian scale, similar to the scale of communities planned prior to the surge in the use of the automobile. Easy pedestrian access is accommodated throughout the village. The village cores are connected to each other by a mass transit system. Vyhile the automobile is not excluded from the planning, it is secondary in design considerations to the pedestrian - mass transit circulation system. 'I'he mass transit system supports pedestrian circulation without the necessity of the automobile.16 ESgabg~~~ ~~~an ~~owtIln Aire~ - When existing communities cannot or do not want to absorb all of the growth anticipated, new urban areas can be appropriately located and planned as villages or new communities. These villages might be developed using a Transit Oriented Development concept and or created by transferring development rights from surrounding agricultural land to the rural village area, conserving the agricultural land. 'dfiis is a faz better approach then allowing "new suburban communities" to spring up by accident, formed by a series of disjointed and unrelated development projects that happen to be adjacent to each other or disbursed throughout agricultural areas. Although counties may do a fine job reviewing each development, urban level development areas that have not been planned as communities seldom become balanced or function as well planned whole communities retro-actively. S. Tiransfer DeveIlog~~en~ ~~hts CMRs) , TDRs create the ability to separate the right to develop a property from the property and to transfer that right to another property or sell it for use on another property. TDRs are a means of using the free market to provide revenues to accomplish public goals. They can be used in many ways. For Example: TDRs can provide a means to compensate landowners in areas the community wants to protect from development imposing severe restrictions such as might be appropriate for conservation or open space areas. Although the local government could use zoning regulations to limit development in these areas, TDRs are viewed as a fairer way to accomplish the community goals allowing the landowner a way to be compensated for the development rights that such restrictions would eliminate. This could prevent the imposition of severe land use restrictions from being considered a taking of private.property rights without compensation. TDRs ean create an incentive to permanently preserve areas in agricultural use, or create a means for owners of agricultural lands to generate cash without having to sell the land. TDRs have been used to provide revenues for restoration of historic districts and redevelopment areas and in other innovative ways to accomplish public and private goals. For example: Santa Barbara allows development rights to be transferred from properties in their historic district as a means to help property owners raise cash for restoration of historic structures. Unused "air rights" have been used in a TDR system by Denver, CO. Pitkin County is using TDRs as an incentive to not develop on private land enclaves within the national forest. 16Transit oriented development concepts have been used in California and Oregon and were promoted by Peter Calthorpe. 19 To impleffient a TDRs system there maist be: a) Designated sending area(s) from which developrr?ent rights will be transfened. Typically these are areas the community wants to protect from development or areas where additional development capital is needed to achieve a community goal. b) Designated receiving area(s) into which developr.nent rights will be transferred. c) A formula to determine the number of rights that can be transferred off and on to properties. d) Regulations, policies, controls and incentives which create a market that makes it desirable to sell and purchase TDRs. To make the, use of TDRs feasible, local governmen4,s must create and maantain market demand for them. This is often accomplished using a cor,nbination of development controls and incentives. Regulations in the receiving area must be strict enough to make the benefits obtained by purchasing TDRs worth while. The value of the development right is based on the va.lue it creates in the receiving area for the purchaser. This value also needs to be high enough to offset the loss of development rights for the seller. The value of the land after the development right is sold or transferred is based on the other uses allowed on the land. If only agricultural uses remain, the land would be valued the same as if it were in an exclusive agricultural zone. If the only use is conservation, the value of the TDR would have to approach the purchase price of the land. I The community must create and protect the value of TDRs and maintain a market for them by not approving requests to up zone properties in the TDR receiving area or in other competing areas of the community without requiring the use of a TDF:. Communities with large arriounts of over zoning may not be able to create a market for TDP:s unless they down zone. If properties are down zoned, TDRs may help reduce the sting in the sending areas. However, the developers in the receiving area must also have an incentive. to purchase the TDRs. This incentive may not exist if their property is already over zoried. TDR's have not been widely used in Colorado. However, with increased interest in conservation and growth management they may become more popular. Larimer County uses TDR's to allow density to be relocated from areas desired as open space or low density tu areas where higher density is desirable. They are working on a concept of "Conservation PUDs" which, through intergovernmental agreements, could allow TDRs to be transferred from land in the unincorporated areas of the County to land within muni:cipalities. Aspen, CO. allows development rights to be transferred from remote sites that are enclaves within the national forest to sites in the "metro" area. Their incentive for using these TDRs is being able to obtairi a building permit for a residential unit upon request, (an exeimption to the growth managenlent system which would otherwise require the permit request to compete with other requests for a very limited number of building permits issued each year). TDR Bank- Although it is not necessary, establishing a TI)R bank that can buy and sell TDRs can: even out the supply and demand of TDRs; make time:ly purchases of development r•ights to conserve agricultural areas, open space ar historic districts; or to satisfy the cash flow needs of the agricultural community that may rely on the sale of these rights during slow periods or bad years for agricultural businesses. A TDR bank could be funded by public funds, private fouindations or private investors. Funds to purchase development rights are returned to the funding source when the TDRs are sold. 20 . , Paarchase DeveYopment li~ghts Pa-ogram - Purchase development rights programs are the same as transfer development rights, however, rather than the free market purchasing the development right to use in some other area, the local government or some other entity simply purchases the right to protect the land from being developed. The rights are not transferred or resold. Purchasing development rights could be used in conjunction with other conservation strategies such as supplementing the dedication of a conservation easement or incentives to purchase a development right can be created such as tax deductions. 6. Qa~ota Syste~~ or AnnuaIl Pennit L~its Placing limits on the number of residential building permits was perhaps first used in a comprehensive manner in Petaluma, California in 1972. I)evelopers competed for an annual allotment of residential building permits representing a 2% annual growth rate in population. A similar system was used by Boulder, Colorado and the City of Aspen and Pitkin County, Colorado. Aspen's system controls the number of permits for commercial and lodging developments as well as residential permits. These systems are accompanied by performance controls which guide the quality of growth as well as the rate. Criteria are used to evaluate development proposals and to give them a numerical score. Permits are competitively awarded based on the score achieved by the proposed development. Inherent in this system is the ability to direct the type of growth by providing score incentives for particular types of development desired by the community. For example, projects which contain affordable housing, use cIuster development or TDRs encouraged by the community may be awarded bonus points. Exemptions from the competitive process can also be used to encourage desired projects. 1[,essons - Limiting the number of housing units below the number of jobs created has made it difficult for workers to find a place to Iive in Boulder and Aspen. This has helped to drive up housing prices and caused people with jobs in the community to live in adjacent communities and commute to work. This lifestyle can cause major environmental, social and economic impacts on the residents and the surrounding communities. CauatIlOns - Quota systems in use today have been in place long enough to have past the statutes of limitations for challenge. However, more recent U.S. Supreme court rulings on the Doland and Nolland cases could make it possible to challenge the use of quota systems to restrict building permits on properties which have vested zoning rights on the bases of it being a taking of property without compensation. A9gereaagIlVes - Quota systems and awarding approvals based on a competitive scoring process, like those described above, can be used for new zoning requests. The use of short time limits on the approval of zoning could limit land speculation and make this process a little more precise in controlling the rate of growth. The timing or phasing of development can be tied to the communities capital improvements and public facilities phasing program through the approval process or phasing of the project could be a condition of approval. The number of building permits issued could be tied to mitigation programs for environmental conditions, phasing of capital improvements and public facilities programs rather than an arbitrarily set number of permits or annual percentage growth rate. Administrative slow downs can be used to limit the number of projects processed through the 21 approval process to an acceptable rate rather than processing proposals as fast as the , development community can generate them. For example, hearing agendas could be scheduled to include the review of proposals containing up to a set nu:mber of new residential units and/or number of new jobs created. These could be reviewed on a first come first serve bases. 7. Three Mile Plans / Annexation Although not enforced, Colorado State Statues (CRS 31-12405) indicate that prior to any annexation municipalities shall have in place a plan for a th.ree mile area surrounding the town or city limits. The plan should generally describe the proposed location and character of streets, bridges, waterways, waterfronts, parks, playgrounds, squares, and other public ways, open space, public utilities and terminals for water, sanitation, transportation and power to be provided by the municipality and the proposed land uses within the area. Although the plan only applies as a guide to areas which are annexed by the municipality. Developments out side the town, but within the three mile .3rea, will be processed through the county unless they are annexed. In which case the 3 mile plan can be used as a basis of comment to the county on proposed projects or taken into ronsideration by the project developers. The plan can be strengthened by joint adoption of the plan by the municipality and the county and through intergovernmental agreements regarding its use and implementation. A joint City/County planning commission or the city council could review and make recommendations on all projects within the three mile area. Such review could be given heavy weight in the county's decision. Or approval by a joint city/county commtission could be required. Growth management strategies and polices can be developed and cit:y development standards could be used in the three mile area. The number of possibilities to c;ooperate are great. Three mile annexation plans can include land use incentives. For example Crested Butte, Colorado's three mile plan identifies areas that are inappropriate for development (primar;ily those identified under HB 1041) and offers density incentivi°s for transferring development rights from developable land into the town. The goals of the plari can be summarized as preserving the open space and ecology of the surrounding valley restoring it to its fullest capacity and maintaining a compact, pedestrian scale community. Aainexation Plan - A perimeter boundary around a coimmunity delineating the area vvhich the community intends to eventually annex. Typically area; included are serviceable by the community and are appropriate for eventual urban developn:ient. Sphere of Intluence Boundary - This concept defines an area outside a jurisdiction's boundaries in which activities influence and are influenced by the jurisdiction. Sphere of influence concepts can be useful in intergovernmental agreements. Defining a sphere of influence can facilitate better coordination and planning berween the municipalify, the county and other public agencies. For example: A county may refer dE:velopments proposed within the agreed upon sphere of influence to a municipality for review and comment and give the . municipalities recommendations heavy weight in their decision. A County might adopt development standards similar to those of a municipality for development within .the municipalities sphere of influence. This may or may not include an understanding that eventually the areas within that sphere will be annexed. This allows more flexibility abocit when an area is annexed without foregoing coordination of infrast:ructure and other development 22 standards. Annexatnon - In some cases communities can direct vvhere and when urban growth occurs by choosing whether or not to annex and provide urban services to particular areas. Areas not suited for urban development could be avoided while areas where growth is encouraged could be aggressively annexed. 'I'his is especially effective when c.oordinated with the proyision of utilities and when it is supported by the counry. ]Fainge Arrea Deve9~pment Polacees - Fringe area policies address growth in the transition area between urban and rural areas. Typically fringe area policies include provisions to encourage in-fill and efficient use of existing infrastructure. They may prevent leap-frog development by restricting urban expansion to areas that are contiguous vdith existing development and/or may restrict expansion of the urban area until a predetermined amount of in- fill development occurs within it. Fringe area development policies may also provide special development guidelines or regulations designed to ensure a compatible interface between urban and rural areas. These might include: a transition of density from high to low; a transition of uses from urban to those more related to or compatible with agricultural operations; right to farm provisions; etc. 23 S. Rural Area Land Protection Strategies and Techniqves - A variety of strategies and techniques have been used individually and in various combinations to preserve. agricultural areas and open space. The more common of these are listed below: Government Acquisition Fee simple purchase Purchase of development rights Purchase a conservation easement Purchase of easement far view Lease/use agreement corridor, view shed or Right of first refusal foreground scenic easement. Land donation Installment purchase Option \ rolling option Bargain sale Bridge financing \ Land trust Land banking Condemnation Government Coordination \ Incentives Intergovernmental management agreements Intergovernmental projects Land exchange Preferential tax treatment Governmental Regulation \ Incentives Transfer Development Rights Flexible zoning Flexible development standards Density Transfer Zoning Average Density Zoning Rural Cluster Development Incentives Planned Unit Devel. \ Conservation PUD Green line limits Exclusive resource zoning Resource overlay districts Slope \ hillside ordinance Design Guidelines Impact ioning Performance zoning Land Dedications Mitigation requirements HB 1041 regulations (CRS 24-65.1-101) HB 1034 reg.s (CRS 29-20) Watershed protection regulations Right to farm ordinance Agriculture district enabling laws Agricultural Land Protection Program Volurntary Landowner \ Non-profits Conservation Easements Donation Restrictive Covenants Cooperative management agreement Designated Historic Site Conservation Planned Unit Development Cooperative Rural area development plans Land Trusts 24 L~~ Trusts - As a non-governmental third party, Land 'I'rusts can often find out the needs of the landowners, develop their trust and negotiate conservation easements and land dedications that benefit the private land owners and the community more successfully than government staff or elected officials. Conservation usually requires a combination of political sensitivity, political will and careful land use and taR planning. The strategies should be flexible enough to address the particular needs of the property owner(s) as well as the needs of the community. There are tax implications that can be used to the land owners benefit if the conservation strategy is carefully implemented. Vdhen developing a conservation strategy, jurisdictions should consult tax experts and experienced land trusts to ensure that their plans do not remove incentives for donation of land or conservation easements for tax credits. 1fie sequence in which strategies are implemented may have financial implications. For example down zoning areas or designating them as conservation areas can reduce the value of the land donation and of the tax credits. Tax laws sunounding credits for conservation easements are complex and the real benefits to the individual are often related to the owners particular situation. Formation of Agricultural/Open space protection committees that inyolve land owners of agricultural lands throughout the area can be useful in developing a local understanding and comprehensive approaches to this complex issue. Programs should be multi-faceted exploring the use tools available to the public and private sectors. Approaches to conserving agricultural land and historic/cultural resources can incorporate ways to protect the economic viability of the uses. Agricultural zoning districts could focus on conserving agricultural operations and their support services by including regulations and strategies such as "right to farm provisions"." These protect normal agricultural operations from nuisances created by non-agricultural uses. Economic incentives can be used to encourage property owners not to develop prime agricultural land or to develop it in an manner that conserves large tracks for agricultural use. Incentive include density bonuses for rural cluster developments on a small portion of the land, incentives to transfer development rights to other locations, tax incentives for conservation easements, etc.. The most effective methods of conserving agricultural lands impacted by development pressures include: a) IExcflansive Agricanflturafl Zones in which non-agricultura] uses are not permitted, including single family homes not associated with agricultural uses; and b) Purcflnase off Devepopaneng Itights IProgram which reimburse the land owner for the difference in value between the land with and without the right to develop with certain uses. c) C?uster IIDeve9opmeng 1LuacengHVes have been somewhat successful but rely upon the land owner to select this option. d) tCoan§eavagn~~ Easeme¢at dedgcatflon or panrc9nase - Dedication of conservation easements can offset large capita] gains taxes when properties are willed to heirs sometimes meaning the difference between being able to keep the land in the family and in agricultural use or being forced to sell it to pay inheritance taxes. 17The Colorado State Statues protect agricultural uses from being considered a nuisance by adjacent not agricultural uses. 25 Exclusive Agricultural Zoning - zoning an area for agricuiltural land uses and related uses - exclusively. Oregon has led the way in avoiding conversion of important farm and forest land with over 24 million acres of land zoned for exclusive farm or forest use. In Colorado, ,lackson County requires a special use permit and public hearings far housing and_other uses not related to agricultural uses in their "exclusive ranching district". Due to a lack of growth pressures this system has not been put to the test of political will. Preservation of agricultural land or open space based on thi-, concept of agricultural zoning that establishes large minimum lot requirements in agricultural ;Aning districts have been marginally successful in Colorado primarily due to perceptions and expectations created by Colorado's subdivision regulations. The inabiliry of local government: to prevent the subdivision of land into parcels of 35 acres or larger has lead counties to establlish 35 acres as the minimum !ot size in agricultural.districts and to permit a single family home as a use by right in those districts. Counties also incorrectly assume that they have little power- over these large lot subdivisions and so have exercised little over sight in their creation. There iis now a general lack of politic;al will to down zone these areas, to either remove a single family home as a use by right or to require larger lots for single family homes. The result has been the proliferation of 35 acre lot subdivisions in agricultural areas, very inefficient land use jpatterns, blocking of elk and deer migration routes, poorly developed private road systems, etc. Right to Farun Ord'anance - An ordinance that has the intent of preserving and protecting agricultural activities and insulate lawful agricultural activities from nuisance complaints from suburban or urban uses on adjoining properties. These ord;inances often include: administrative procedures to resolve grievances and disputes between agric;ultural activities and suburban or urban uses of property and permit certain uses and activitie:> "by right" which might otherwise be deemed nuisances by infiltrating non-agricultural uses. 'I'hese activities might include spraying of crops, use of organic fertilizers, electric fencing, using roadways for low spN;d vehicles, moving cattle, having simpler building permit requirements for farm structures, strict weed controls, etc. Colorado State Statutes protect normal agricultural activities from bf;ing regulated as a nuisance by local governments. Agricultural District Enabling Laws - These laws offer benefits to landowners who practice sound agricultural management techniques and agree to kee;p their land in agricultural use; for a set period of time. Benefits include differential property ta:K, exemption from special assessments, restrictions on local governments to regulate farming practices except in regard to health and safety issues, purchase or transfer of developmerit rights, limits on capital improvement expenditures, limits on use of eminent domain, limits on annexation of lands, zoning of adjacent lands to reduce conflict, anti-nuisance provisions on adjacent land uses. These measures have not been as effective as one might hope in pireventing the conversion of agricultural land for development. GO Colorado - Colorado voters established that lottery funds be used for state parks development, local government parks and recreation projects, development of recreation facilities, enhancement of wildlife and environmental educat:ion and open space conservation. Though too new to have been used for the added purpose of growth management, the concept of using GOCO funds in a growth management system to conserve open space through the purchase of conservation easements on key parcels of agricultural larnd as a form of urban boundary or the establishment of a TDR bank and other growth managernent applications have been discussed. 26 The GOCO Board has made it clear that they are looking for partnerships with local governments, trusts, and institutions, ways to leverage their funds, and innovative proposals that work cooperatively with land owners rather than relying only upon acquisition to preserve open space. They encourage development of long range conservation and open space strategies and inter-jurisdictional c.ooperation. 9. UtiIlIl$y ~ervflce AII°eas - Utility service areas can determine, to a certain extent, where urban development can occur. Typically service area boundaries are created without much thought to managing growth. Service areas may far exceed the desired community size and may extend into areas where development is not desirable. Ciovernmental jurisdictions often supply evater and sewer outside their city limits through extra-territorial service agreements or water and sewer districts are established in the county covering large areas. The policies of these service providers is often to provide services when an where ever it is practical. However, their policies could be used to direct and manage growth. For example: a) Service boundaries can be coordinated with growth management plans. A"Blue- line" can be established beyond which water service will not be extended. This can correspond to an urban growth boundary. . b) Tiers can be created within existing service area boundaries to support growth policies. c) Capital improvements programs can coordinate timing or sequence of expansion of services and facilities with growth management plans. d) The size of tiers could be set to optimize investment in infrastructure. e) Policies that relate the expansion of capital improvements to the utilization of existing infrastructure capacity requiring a significant amount of in-fill development to occur before utilities are extended into new areas could be used to create more efficient and more compact communities. fl Timing of infrastructure could be incorporated into three mile plans. These plans should be adopted jointly by the city and the county. g) Jurisdictions could use intergovernmental agreements or 1041 powers to control the expansion of water and sewer lines or major streets. Capagal Innpro~emen4.s P9auns - Capital improvements and facilities plans establish the size, general location and standards of infrastructure and facilities. These in turn can control the intensiry of development in various locations. Capital improvement plans serve to ensure that expansion of utilities and facilities will meet demand and will be built to the planned level of capacity. But they lack a means of ensuring that development will occur in an efficient manner. Capita9 }Imp~~~ements and Paanblic Faciflg~~es Program - A capital improvements and public facilities program builds upon the capital improvement plan by adding a prioritized schedule and timing of capital improvements and public facilities including utilities, parks, streets, traffic controls, land fills, etc. Capital improvements and public facilities programs can be used to control where and when growth occurs by controlling the timing of each planned sequential extension of utilities. Expansion of utilities may be related to the capacity utilization of each previous phase. The rate of growth can be controlled by limiting the number of taps provided annually. 27 10. HB 1041 Powers (CRS 24-65-.1-101 et seq) empowers local governments to designate "azeas" or "activitie.s" of state interest, develop guidelines and criteria addressing the; types of impacts likely to ocr.ur from development. It enables local governments to require a per:mit from them for persons wanting to develop in a designated areas or conduct an activity of state, interest. These powers can be used to restrict or deny development in designated areas and/or -to establish the conditions under which development will be permitted. Model guidelines are available from the state department of local affairs. a) Areas of state interest which may be desigriated include: • mineral resource areas • natural hazard areas (flood plain, wildfire :hazard, geologic hazard, steep slope, avalanche, alluvial fan, rock sirde, land slide), • areas of historical, natural, archaeological resources of importance ( including - areas essential for wildlife habitat like mig;ration route, calving areas, wRnter range, etc.), • areas around key facilities (mass transit terminals, airports). b) Activities of state interest include: site selection of major new domestic water and sewerage treatment systems, solid waste disposal, airports, rapid mass transit terminals, stations and fixed guide ways, artf;rial and collector highways and interchanges, major facilities of public utility, new communities, efficient utilization of municipal and industrial water projects and conduct of nuclear detonations. Presereing Wildlife Areas . a) Conservation easements CRS 38-30.5-101 e:stablishes direction concerning conservation easements for preserving wilderness and wiidlife areas to protect these lands from development. Land with conservation easements can be granted special taxing status. b) Overlay districts HB 1034 (CRS 29-20) enables local jurisdictions to apgly overlay districts to address development in environmentally sensitive areas. It also allows local jurisdictions to assess impact feE:s to mitigate impacts of development. Sophisticated satellite mappin;g and computer interpretation techniques now make it more feasible to define important environmental hsibitat areas that need to be conserved and help to protect whole ecosystems. Summit County has recently used this technique along with an overlay district to protect c;ritical habitat and ecosystems and establish development and mitigation policies. Water shed protection Communities can regulate the use of land for an area of up to five miles from the community to protect the quality of their water shed form degradation. 28 and IncenfiVe Zonnng iJsing incentives which encourage developers to incorporate elements of public benefit desired by the community into proposed projects. iJsually benefits offered the developer are related to ° higher intensity of use. They may also include faster processing of proposals or exemptions from permit and other fees. Incentives typically work best in tandem with controls placed on development. Their effectiveness is often proportional to the amount of control or severity of requirements established on development. Relief from these regulations help create the value of the incentives and bonuses. Bonus credits might be awarded for any number of public benefits like providing greater than the minimum amount of open space, using cluster development patterns to preserve open space or agricultural land, providing for low or moderate income housing, including public plazas and courts, etc. Incentives can also be used to redirect growth to areas where it is desired or to encourage the type of growth desired. Boulder County has an incentive for cluster development allowing the average density of a PUI) to be increased from 1 unit per 35 acres to 2 units per 35 acres, provided that 75 of the land is placed in an open space conservation easement. Some incentives and management tools used to encourage in-fill development include: _ a) Reducing parking requirements where parking can be shared between uses that have different peak demand times or in areas served by mass transit; b) Providing the amenities for in-fill development such as public parking spaces; c) Structuring APFOs to make in-fill development more desirable than developing on the fringe of the urban area. d) Establishing an impact fee structure that reflects the real impact cost on transportation, . air quality, provision of urban services and maintenance of infrastructure for fringe area development and policies that encourage development projects in areas which are already served by infrastructure where the impacts in these categories are much lower than in projects in out-laying areas. e) I)esignating areas as TDR sending or receiving areas. fl Allowing higher intensity of uses in core areas by setting "minimum" density standards rather limiting development to maximum density. g) Adopting a policy of no annexations until the existing community is built out to an established percentage (eg.90%); h) Phasing new development using tiers or capital improvements programs to ensure in- fill development in developing tiers. 29 12. Attainable and Affordable Housing A variety of strategies have been used to ensure the availability of attainable housing as a part of growth management strategies. Growth management policies can ensure that: a) lower income segments of the population are not (iiscriminated against; . b) the development approval processes for commerci;al, industrial and residential developments provides reasonable balance betweeii residential growth in employment c) the creation of a diversity of densities and housin€; types is encouraged; d) existing attainable housing is not diminished; e) local policies and regulations do not adversely impact the development of quality affordable housing. g) attainable housing is encouraged, incentives are provided, or provision is required of expanding businesses that pay wages below those required to afford housing. Minimum Density Requireanents. These requirements establish the minimum number of units that may be built in an area. This minimum may apply to the average density with in a project or may prohibit single family detached units entirely in an area. Mandated minimum densities within urban boundaries have been used to successfully reduice the average cost of housing in some areas of Oregon and Washington. This policy increased the number of smaller single family and multi-family housing types in the mix of availablle housing units. These smaller units typically sell for lower prices than lower density single fami.ly homes. A"regional fair share approach" requiring each communi-ty within a region to provide an appropriate share of affordable housing units in the mix of tiousing units approved each year. Communities can not permit free market units without meetiing the affordable housing quota. This concept has been applied in New Jersey, Florida and C'alifornia. Affordable housing incentives have been incorporated into growth management and zoning regulations. Examples include: a) Allowing "a density bonus" in projects that inco:rporate affordable housing units; b) Allowing affordable units to be exempt from APC?s requirements, with these requirements being met through other funding sources c) Providing density bonus points to projects that incorporate affordable housing within performance zoning systems; d) Establishing a floating zoning district that a developer can request that provides a bonus in density or other incentive if a substantial percentage of the housing is affordable. e) Allowing TDRs to be sold from an area if funds ase used to create affordable housing. 18Aspen has established an affordable houe:ing zoning district that can be requested by a developer. It requires at least 70% of the units to be affordable housing controlled by deed restrictions. The remaining units can be free market housing. The incentive for requesting this zoning ie: that the units do not have to compete for a limited number of building permita offered annually. 30 Other strategies include: a) Inter-governmental agreements that allow impact fees and taxes to be transferred from unaffordable growth areas to communities impacted by a commuting work force. b) Eliminate property taxes on affordable housing c) Provide incentives for developers to construct affordable homes and place deed restrictions on them limiting their appreciation to inflation indexes before placing them on the market. d) Establishing affordable housing mitigation requirements on commercial and industrial development germits, either in the form of providing affordable units or paying a fee used to subsidize affordable housing units. e) Itemove barriers and provide guidelines for renting out up-stairs or basement apartments in single family homes fl Establish a state housing trust fund g) Provide tax rebates for renters - h) Tax second homes that are not used for local housing and use this tax to subsidize affordable housing. i) Protect existing rental housing stock from being replaced by larger second homes. j) Requiring attached rental units (with restrictions to ensure they remain long term rental units) to be built whenever existing rental units are replaced with larger homes. k) Several States have "inclusionary" zoning clauses that forbid comprehensive plans and zoning from excluding low and moderate income families. Puanbflnc private paatnerrships. Affordable housing projects often require combining several resources such as creation of public/private partnerships. These might include Community Development Block Grants for site improvements, Farmers Home Administration loan guaranties to local banks for low interest loans, etc. Governmeng ]Fuannded IH[oaasing. Florida has established a 10 cent per 100 dollar increase in real estate transfer tax which is ear marked for affordable housing. Vermont has a housing and conservation trust fund which is funded by a State real estate transfer tax. The State of ARaine has an established goal of IO% of all new housing units being affordable. Real estate transfer tax is also used by the City of Aspen, Colorado to fund affordable housing. Amendment One made new real estate transfer taxes illegal in Colorado. I~centives affoirdabae hoansang - Affordable housing projects can be given special processing and density status as an incentive to include them in a larger project. For example: Aspen exempts Affordable Housing Units from their competitive process for a limited number of building permits issued annually. If a performance system is used that scores projects that include affordable housing can be given bonus points or projects can pay cash towards affordable housing fund. A higher density floating zoning district can be created that requires a mix of affordable housing and free market units. 31 13. Intergovernmental Agreements Since growth and its impacts extend beyond jurisdictional boundaries, intergovernmental and interjurisdictional agreements are often essential to implementing a growth management plan. Intergovernmental agreements (IGAs) can provide the coopieration and consistency necessary to make growth management or growth coordination strategies work. Unilateral action is usually not a feasible strategy. It often results in transferring impzicts to adjacent jurisdictions and/or greater environmental, social and economic impacts than rno action at all. Two principal statutory sources for intergovernmental cooperation on growth and land use exist: 1) The general intergovernmental contracting statutes; and 2) The Local Government Land Use Control Enabling Act. These State Statutes permit and encourage local governments to make the most efficient use of their powers and responsibilities by cooperating and contracting with ather governments. They fully authorize them to cooperate and contract for "any function, service, or facility lawfully authorized to each of the parties including the sharing of costs, the imposition of taxes or the incuning of debt." The language in the statutes is broad at1d allows quite a bit of flexibility. In drafting an IGA at least the following should be considered. a) The agreement should set forth fully the purposes, powers; rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties and identify the specific function, service or facility authorized to each involved in the contract. b) The enabling legislation for each jurisdiction should be reviewed to ensure that authorization exist for each entity. c) A severability clause should be used to protect the remaining portions of an agreement if any part is declared invalid. d) The benefits from the agreements should be weig:hted against the risk of having the agreement declared invalid. e) The regulating authority of each jurisdiction must approve the agreement. Each local government is required to file annually with the division of local government and to update a list of all contracts in effect with other political subdivisions and the list must contain the ezpiration date of the contract. (failure to file will not i;nvalidate any contract). 32 ° fl4o IE~~efl~~~ and Enrn~act Fees Impact fees and exactions are used in conjunction with subdivision regulations, development improvement agreements and building permits to help ensure that growth "pays it's own way". They can help prevent the erosion of quality of life by helping to ensure that service levels of some public facilities and the capacity of infrastructure are maintained at the level of the community's standards. Exactions and impact fees are not a substitute for having good community land use and capital improvement plans. lfiese plans help the community properly assess impact fees, require appropriate improvements and dedications, and help prevent inefficient expansion of public infrastructure. The use of impact fees relies on the community's ability to accurately project the true costs of mitigating the impacts of new development. Any underestimate will usually be paid by the community through taxes or through a reduction in levels of service. Vdhen assessing an exaction or impact fee against developments, police power may be used such as a lien on the property or specialt assessment to ensure payment. Dedications of land or rights- of-way are made at the time of platting or at the time of approval. Jurisdictions should request a quick claim title to required dedications. Since payments are typically postponed until the building stage, development .agreements should include annual adjustments for inflation and provisions for changes in standard fees. Exactions and fees should be coordinated with any time limits that might be imposed on development approvals. I~aving a cBear seg off nan~act ffees and stanclards provides pa-edictabili$y ffor deve9operse They can take these fees into account when calculating the feasibility of their project and when determining the intrinsic value of the land. This relieves some of the pressure in the development approval process to lower community standards to make up for surprises in impact fees. lExacteoafls are requirements, placed as a condition of approval of a development; to dedicate suitable land and/or to construct public or common facilities; to provide public amenities; or to make payment in lieu of dedication; or to defray the cost of vehicles and equipment for public or common use or for public off-site facilities. (eg. parks, street right-of-way, fire equipment or station, school site, transportation, land fill, capital improvements, etc.) The choice of dedication of land or provision of facilities or cash in lieu is at the discretion of the communitv. For example, dedication of land for a park may be appropriate if the land is suitable and the location of the facility is acceptable to the community or conforms to the community's park plan. The community may want a small neighborhood park site dedicated and improved and fee towards a larger community park. l[mpact IFees are charges levied against developers for their pro-rated share of facilities necessitated by the new development to ensure that growth impacts will be mitigated. They may be assessed for improvements, facilities or services necessitated by the development. Impact fees can not be used to make up existing deficiencies in the community. However, if deficiencies do exist, new development should be assessed the true cost for mitigating the impacts, not the costs of operating with deficiencies. This will prevent perpetuation or expansion of deficiencies into new areas. Impact fees provide flexibility and efficiency in addressing impacts where it is illogical to make expansions in proportion to each development, such as widening of major roadways, expansion of treatment facilities, building libraries, etc. The community collects the fees from developers and makes the improvements in logical increments, when they are needed to meet the impacts. 33 Ideally, facilities would exceed the current need and the deiteloper would be reimbursing the communiry for their pro-rated share of this capacity. Developers may be required to dedicate rights of way or imstall infrastructure adequate to serve their developments. If the community plans call for a highf;r capacity infrastructure to seT-ve planned future development, the developer may choose to build the infrastructure to the planned capacity and be reimbursed by the developers of the future 1.3rojects. The community could invest in this infrastructure and collect an impact fee for use of the; developed capacity. The community is not required to invest in infrastructure or to supplement the cost of installation of infrastructure nor is it required to reimburse the developer for right-of-way dedications necessary to serve planned future developments, or to approve a development that does not conform to their infrastructure and faciliry plans, including plans to accommodate future capacity. These issues are usually negotiated between the community and thE; developer in the approval process and outlined in an improvements agreement. Guidelines to successfully levying exactions and impact fees: 1) Be certain the jurisdiction assessing the fee has enabling authority to levy the fee. Towns and counties may collect fees for other jurisdictions as a part of the permitting or approval process. (This may be based upon actual costs or adopted standards.) 2) Establish clear standards and methods by which impact f'ees will be calculated and assessed. a. Adopted per unit standards for facilities, open space, capital improvements equipment and communiry services, and plans delineating the gE;ographic area served by the facility provide a good framework for fairly assessing exactions and impact fees. Be sure the fees reflect the true costs of mitigating impacts providing for the adopted standards and level of service. Also be sure that fees do not project costs based on operations that do not meet these standards or level of service. b. Fixed fees not based on calculated impacts of the spe;cific development or based on an unrelated factor such as value of the development covld be construed as a tax and challenged under TABOR, (Amendment 1). 3) Be sure the fee passes the test of being reasonably proportional to the actual impacts of the development. Exactions must be fair and justifiable and provide general benefit to the development. 4) Establish a clear nexus (or direct link) between the impact and the proposed development. 5) Follow proper accounting procedures that keep funds for particular impacts separate from funds collected for other purposes. All funds collected should be designated for mitigating impacts specifically related to the development. Most cities and counties levy open space or school site dedic:ation requirements or impact f.ees for subdivisions. These range from 5% to 25 % of the land -or a cash equivalent in lieu of land. Some open space requirements are as high as 60 % for condc?miniums. Cash-in lieu amounts vary greatly and their basis can be an equivalent to the value; of the required land dedication or fixed amounts per dwelling unit. Subdivisions of 35 acres and larger lots often elude thesf; fees since they are not required to be processed through the county. However attaching such fees to building permits on parcels which have not paid such a fee a.t the time of subdivision coulci be one way to capture those fees. 34 e > Jurisdictions in Colorado use subdivision regulations to address on-site improvements such as streets and basic infrastructure requirements.19 Often cash is accepted in lieu of off site improvements such as park facilities or expansion of roadways. Fees may be collected when building permits are issued. This process can cause a lag between the time when the impacts of new growth occurs and the time. the facilities ate constructed. Communities sometimes find that although they have accounted for inflation, the impact fees collected do not cover the full cost of improvements. 'I'he most appropriate land for facilities may not be available or the price is higher than anticipated. Although impact fees may be collected for other jurisdictions, such as school, library, and recreation districts, communities can not always ensure that these jurisdictions will provide adequate facilities at the time the growth impacts occur. APFO's can help prevent these problems by requiring good planning on the community's part and facilities to be in place at the time the impacts occur. Under Colorado Statues it may be possible for inter-governmental agreements to be created that allow impact fees for affordable housings and other impacts and tac revenues to be transferred between governmental jurisdictions to more fairly address the inter jurisdictional impacts of new development. fl5e Interim c~ontiroIl I~easures Interim control ordinances are based on zoning authority. 'I'hey put in place a new set of regulations and/or procedures that are in effect for a set period of time while the community is planning, doing a study, or developing new regulations. . Interim regulations are usually imposed while the community is preparing new more permanent regulations, plans or solutions. Interim controls are usually easier for communities to adopt than moratoria on all development. They can be used for several purposes. For example: a) When planning is being done in reaction to rapid growth or when an onslaught of applications is anticipated in advance of new regulations, interim controls can slow the rate of processing development proposals or stop them altogether. b) They preserve the status quo, prevent the vesting of property rights and protect the planning process by preventing approval of new uses that would not conform to the new plans. c) They allow adequate time for public consideration and input on proposed new regulations or plans rather than rushing to complete them. d) They relieve the pressure of trying to develop a plan while projects that may effect the plans being developed are in the review process . ` Interim zoning regulations can apply to a specific area or to the entire community depending on the area that is effected by the pending changes. They may establish special review procedures for all or specific rypes of uses proposed in the effected area, specify the type of development that will be approved and the conditions of that approval as well as prevent projects from being approved which would be detrimental to the effectiveness of the new plan or new regulations. 19 Archuletta County, C0. has adopted a requirement that all subdivision improvements must be in place prior to the final plat for a subdivision being filed. 35 . I Communities may nroperlv refuse a building permit for a laiid use that does not conform to a pending and later enacted zoninp- ordinance even though annllied for when the intendeci use conforms to existing regulations. However, interim ordinanGes must respect existing vested rights. The development process can be slowed by a variety of interim techniques. a) The number of units or square footage of non-resider.itial uses that will be approved over a defined time period can be set. b) A point system can be used assigning a specific number of points to developments by size and type and processing a fixed number of point; in sequence of application during the interim period. . c) The planning commission could set specific meeting t.imes and continue cases rather than extending meeting times to late in the evening or eariy the next morning. 16. Temporary Moratoria • Moratoria is a legislative measure enacted under the poGc:e power of the jurisdiction for the preservation of health and safety or protection of t6e enviironment. It prevents further development even when the owner's rights are vested.. A moratorium can prohibit new development, zoning approvals, demolition, permitting or extension of public services for a specified period of time or until the anticipated time when a specific remedy to the situation creating the need for the moratoria is implemented. Extensions up to a maximum time limit are usually included in the adop-tion of a moratoria. • In spite of temporary "takings" issues, the power to establish moratorium is alive and well provided it is reasonable in terms of purpose and duration and based on due process and official findings that further status quo activity is a threat to public health, safety or the environment. A moratorium or interim controls should not be used simply to create a pause in development without serious progress to address the reason for adopting trie moratorium. Moratoria and interim controls have been used to put develoX?ment on hold while preparing new regulations or reconsidering or reforming existing regulations such as: comprehensive plans, area . plans or zoning codes, development standards, establishing a means of preserving open space, developing growth management plans, assuring provision of <idequate public facilities to serve new development, resolving infrastructure capacity problems, etc. Moratoria and Interim controls should always incorporate a variance and appeal provision to provide an avenue for hardship cases and specific parcels. Variances should not be used in cases which are inconsistent with the spirit and intent of the proposed new regulation or plan. 36 ° Cr~~~~~ ~ Growth Coordination StrategY S1~~ping the Fan~uire The elements typically used in creating a growth management system include: 1. Coinrnunity and group processes 2. Applied research 3. Alternatide plan dedeloprnent and evaluation 4. Desired plan developrnent g. Itnplerrientation strategies and tools 6. Monitoring/guidance systein " CommunIlty and Group Pi°ocess The process used to develop a growth management strategy needs to include the perspectives of all effected stakeholders and a broad base of the communiry stakeholders. Reflecting core community values is essential to building community support and successful enactment of an appropriate growth management strategy. Growth management policies can have significant impacts on the plans and policies of different jurisdictions and typically requires inter- jurisdictional coordination. Successful implementation depends upon: a) Identifying the stakeholders and the appropriate scale of the area to be involved in managing growth. Growth management plans affect and are affected by policies of many jurisdictions. They typically have external impacts which effect nearby communities. The area and jurisdictions included in the planning process must be appropriate to address the anticipated impacts. b) Obtaining the inter-jurisdictional cooperation necessary to create and implement the strategy. Cooperation may require that jurisdictions trade some of their autonomy for the benefits of coordinating policies. Clearly identifying these benefits can help motivate jurisdictions to coordinate policies. . However it is done, using a task force or forum of representatives, public workshops; etc., it is important that each affected jurisdiction participate in the creation of the growth management - strategy. They will be partners in implementing and coordinating the management strategy and should be involved from the start of the process. The managemenf strategy created must be theirs. The short falls of most growth management plans usually occur as a result of unilateral actions and a lack of coordination or inconsistencies in the policies of affected jurisdictions. 37 The process of gaining support for and creating the growth management plan should focus on: a) identifying mutually desired end results b) the benefits to each jurisdiction, and c) how they could work together to make those benefits a reality • The focus should not be on identifying problems. When defining desired end results, it is critical to take the time to identify and address root issues and causes and to avoid solutions that only address symptoms. A broad enough approach should be taken so that related issues can be understood andl addressed simultaneously. Possible unwanted side effects of existing and proposed policies need to be evaluated and solutions to these effects integrated into the growth management suategy. Applied Research To the degree that facts can be acquired, arguments are macie more carefully and negotiations are more fruitful. Hard data can both help focus the planning effort and provide.critical objective evidence necessary to evaluate proposed plans. Data and projections need to be presented in a format that makes their meaning, implications and interrelationships easily and quickly understood. A lack of accurate and easily explaineci data and an inability to answer questions causes the related issues to persist. The amount of data considered in the decision to use a grovrth management system is a local phenomena. But, having the facts, even if they only play a small role in.the decision, is essential to support the plan in case of legal challenges and to prevent immediate defeat of the concepts. The burden of gathering and analyzing the required data ma.y be lessened by combining the resources of various local jurisdictions, utility companies, st:ate and federal agencies. Their involvement in data base creation and analysis also involves them in the planning team. They may become a part of a data analysis task force. BJsing Alternative Growth Management Scenari.os Evaluating what the community would be like in 20 yeazs ii' different alternative growth management policies are followed can help the community E.nvision different futures. It can help solicit the positive involvement of special interest groups and help the community understand the trade offs inherent in each management alternative. Numerous techniques have been used to explore the effects of different growth management strategie:s. They range from mapping resulting development patterns to sophisticated computer modeling. An example of a planning process that used five different growth management scenarios and typical criteria used in evaluating al.ternatives are provided on the following pages. 38 e ~ The 1990 Tu~~kee 1~~adows - Washoe Coungy, Ne~~~~ ~~~~g Pirocess The planning process modeled evhat the future might be like for fve different urban form alternatives. These included: 1) ConginuagIlon off Cua~~~ Trends; using the status quo of planning and land use policies and decision making processes of jurisdictions in ehe effected area. ~n Pr~erving Crit~~~ ~nvironmeng; ARaximizing the preservation of important vvildlife habitat, open space and agricultural resources. 3) CapflgaIl Da°~~~n Deveflopment9 RRaking the most efficient use of all capital improvements. Using land capacity analysis and similar studies. 4) Tfleire¢D Gurowth Patteuns9 Identifying various tiers that could be managed with various policies to achieve the desired end results in each tier. QuaYity off IL°nife, consea-vatioan ~nd environmenta Developing with the least environmental impacts, maximizing use of mass transit, using higher density development, conserving important habitat and agricultural land, protecting view corridors and open space. The population expected in 20 years was projected and distributed based on the various policies and the key features of each alternative. Results were shown on maps which were reviewed and commented upon by the public. 'I'his exercise allowed the communities in the region to envision and evaluate the effects of the various growth management policies helping them build consensus and make an informed decision on the most desired future. Each alternative was also evaluated against criteria similar to those on the following page. Another example is provided by states that have used computer models, typically developed by state universities, to evaluate the effectiveness of different growth management strategies to create desired end results. These models analyze build out in terms of trerids -(what would happen if current policies persisted) and plan -(what would happen with alternative management strategies). The results were compared to desired future results and analyzed using criteria . similar to those on the following page. Vdhile it is very important that accurate projections and analysis be made prior to adopting a growth management strategy, expensive sophisticated models like those developed for statewide planning by the universities may not be necessary to determine the appropriateness of alternative strategies for a smaller community and sunounding area or for a drainage basin area consisting of a portion of a county and several communities. Various cooperating jurisdictions can comb,ine there particular expertise in a task force to evaluate the positive and negative impacts of "trend" and "plan" for the scenarios created by various alternative growth management svategies. In analyzing these scenarios and their impacts, studying other areas that have developed with similar growth patterns is often very useful. The exercise of generating realistic but different scenarios can often have surprising results. 0 Commonly held assumptions were found to have no basis in fact. o Costs and savings of alternatives were much different than expected. 0 Often common ground on issues and support for common solutions exceeded what was believed possible once the initial apprehensions were addressed and people were exposed to alternative solutions. 39 Evaluating and comparing alternatiae strategies: • The following criteria can be used to evaluate and compare alternative scenarios: Economics - • The costs to provide and maintain public facilities a.nd services; • The ability of the local governments to fund and m;iintain public services and facilities based on projected revenues and service costs; • Additional taxes required; . • Preservation of desirable economic sectors and activities; • Opportunities to provide added value to products 0 Extent of diversification of the economic base and income levels; • I.evel of reliance on new growth for sustainable economy Environanental - 0 Protection of environmentally frail or sensitive areas; • Maintenance or improvement of wildlife habitat; • Water and air qualiry; . • Creation and sustainability of desired ecosystem; • Impacts on hillsides, flood plains, strearims and wetlands, open space and natural resources; • Conservation of energy and natural resources • Acres of rangeland conserved • Acres of open space • Diversity of habitat preserved Infrastructure - • Required capital investment in infrastructure includi:ng roads, mass transit, water and - waste water collection and distribution systems, and other utilities. • Operation and maintenance if infrastructure; . • Replacement costs of infrastructure; Quality of life - 0 Effect on the character of the community; • Maintenance of sense of community; • Availability and diversity of housing including affordable housing; • Amount of open space and agricultural land conserved; • Lifestyle - time spent commutmg, need for / availability of day care and other support services, time and funds available for cultural resoiirces. • Basic cost of living; • Vehicle miles traveled per capita • Average commuting time to and from work on transit, paths, verses automobile Social - • Projected need for social services, • Likely economic segregation, • Sense of community created, • Opportunity/time available for community actives. Creation of neighborhoods Inter-governmental - • Level of inter jurisdictional coordination required for implementation; • Impact on independent decision making • Number of jurisdictions required to participate in implementation • Ease of implementation 40 , n Sefl~~ting ghe gnrefferred managemernt p?an The final management plan should combine the results of group process and applied research, ' discussion of altematives and defined desired end results. It takes into account community input and values, data analysis and pertinent information about the physical, social and environmental conditions created by the alternative strategies. From these, the community selects or pieces together the desired strategy. The strategy should always be the means to defined ends based on community values and informed decisions. The process of identifying a desired future, data analysis related to issues and the potential of issue resolution can ease some fears of entering into a growth management planning process. But, as the ~'inal adoption of implementation strategies are approached, the process has typically become fairly turbulent. Good preparation, accurate data and building support throughout the planning process is essential. Vahen all is said and done, it is a political decision whether or not to use a growth management strategy and to what extent. Different communities and areas require different approaches. They may be willing to accept different levels of regulation or elected officials may or may not be willing to give up some independent decision making in the name of achieving inter-jurisdictional goals. However, it is worth noting that even strong property rights states like VVashington and Vermont have had success at developing and implementing growth management strategies. Texas is also considering regional planning. While there may be disagreement on the ideal future or what is possible, people livircg in states impacted by growth seem to have reached a consensus that uraplanned urban sprawl is rcot a an acceptable or affordable erui result. cC~~on Rssaues Issues raised, both pro and con about growth management and planning have been so similar throughout the nation that they could be anticipated. and prepared for. They include: . a) Questions of the degree of regulation and degree of protection of environmentally sensitive land, wildlife habitat, agricultural land and open space; b) Questions of property rights versus the right of government to regulate the use of land; c) Pro growth and no growth sentiments often emerge; d) Fears that controls will drive growth to other areas, drive up housing costs or wreck the local economy; e) Questions of who bears the direct and indirect, short and long term costs of growth and its impacts and to what extent; and how much weight will be placed on long term community benefits and costs versus short term individual benefits and profits; f) How will community values be balanced with individual property owner's preferences; g) Questions of whether current or proposed policies will create a community that is a better 41 place to live for future generations. ' Many communities have policies in place that address the issues raised by the questions listed above. Some answer them in a piece meal fashion with their decisions to approve or not approve a development. From the perspective of managing growth, policies addressing these issues should be reviewed for a a) comprehensive approach b) a long term view c) the likely cumulative effects of the decisions the polic;ies guide, and d) representation of current public sentiment. Implementing a Growth Management Strategy Growth Management strategies are typically implemented bw using tools like those described in this report in various combinations. They are usually used various combinations and supported by traditional land use tools. Together they create a comprehensive growth management system custom designed to met the needs of a particular area. They typically rely on inter-jurisdictional cooperation to coordinate growth. The table on following page provides an idea of how variou.s tool might be combined to address particular issues. The ways these tools can be combined; mcxlified and used is almost unlimited. 42 , o . Tools are combIlned to impflement growgh management strategies STRATEGRES > Adopted IPlans, Goals, Objectives arid Policies 1Land Use Regulation Growith Managerrient TECHNIQUES > Zoning Subdivision Performance Quota Systems Infrastructure Boundary Integrated Regulations Standards Systems Systems Systems ISSUES Type of Land Use (D p Location / Compatibility 0 0 Development Quality o 0 ~ Environmental Protection o 0 ~ Character • 40 40 p Quality of Li(e o 0 0 0 p Public Services O 0 0 0 0 0 0 Government Fiscal Stress o 0 0 Urban Form o o O O Timing o o ~ ~ ~ • Rate of Growth o 0 0 O 0 Urban Systems o 0 0 o 0 0 Environmental Degradation o • • • • • Sustainability ~ • ~ ~ ~ • ~ o Very Applicable to Issue o Related to Issue 43 Some Methods of I)etermining Development L:imits. ~ Land Capability Analysis - Determines the relative ease or difficulty of development for all parcels within a large defined area. This analysis incluides natural and physical features, environmental and physical characteristics, existing infrastructure and development costs. The results are used as input into implementation tools like comprehensive plans and capital improvements plans to encourage or discourage development in various areas or to predict the likely growth pattern that would result under a set of paranneters. Land Capability Analysis is most useful on a large scale and when areas being addresse:d have a diversity of characteristics. The University of Berkeley has developed a GIS model tha.t does this type of analysis and shows development patterns when criteria is varied. Land Suitability -(sometimes called "Environmental Systems Analysis" or the "University of Pennsylvania Technique") This method identifies areas that are deemed not suitable for building upon for various reasons and therefore should be inade a priority for preservation. Typically the criteria used for determining the degree of suitability or unsuitability for development include: Environmentally sensitive areas (important wildlife hahitat, wetlands, migration routes, etc.) Important visual resources (View sheds, Ridge lines, Community entry ways, etc.) Geologically hazardous areas (erosive or exparLsive soils, avalanche shoots, rock or land slide, wildfire danger, flood plain, steep slopes, etc.) Areas of historic, archaeologic or scientific value; Prime or unique resource areas (develope(i agricultural land, land with unique geologic features, river corridors, lands well suited to meet recreational needs, important open space areas). Each criteria is typically given a rating of importance and the various ratings are totaled ibr each parcel (This was usually accomplished with a series of over'lay maps but now is more easily accomplished with computer graphics and GIS systems) With the availability of satellite photography and computer analysis, data collection and inte;rpretation this method is becoming more economica1.20 Land suitability analysis has the advantage of identifying an:d preserving whole systems, (economic and ecological). It can be applied in both commiunity level planning and for regulating individual developments. As with some other analysis systems used in land use planning; this system relies upon a certain degree of judgement. Some criteria can he subjective and reflect community values. For exampie, development o*n steep slopes is certainly possible from an engineering stand point but the resulting scarification and visual intrusion created may not be acceptable in one community but may be considered acceptable in another. The relative importance placed on different aspects such as view shed is also subjective. When communities use HB 1041 regulations to restrict development in certain areas they are applying this technique. 20Summit County, C0. has used satellite phntography with this technique to identify important wildlife habitat ecosystems. Developments which encroach into these areas may be denied approval. Identifying and managing whole systems i.s a much more effective conservation technique than reguliiting individual critical az-eas in a piece meal manner. The State Division of Wildlife has satellite generated habitat data for many areas in the state. 44 ~ fCarryIlng (CapacIlty - 'I'he term carrying capacity has been used and misused to describe a variety of inethods of determining the limits of population densities and the intensity of land uses. As originally conceived, carrying capacity is a biological concept that implies the ability to determine absolute upper limit to the human population density that can be placed in a defined area of land. This limit is based on the tolerance of natural systems to absorb human impacts and remain healthy. The application of carrying capacity as defined above has been difficult to use and questioned as a primary tool for land use planning for several reasons. Predicting the tolerance of natural systems to various population densities and different types of development is too imprecise to set specific densities. There are often too many variables on both the human and the environmental side of the equation. In addition, the carrying capacity limit in an area Ynay change over time. Typically when the impacts of human activities reach an environmental carrying capacity limit, humans modify their activities or use technological solutions to reduce their impacts on that particular limit allowing population to continue to increase until the next environmental limit is reached. Also, when stricter environmental limits are adopted, the carrying capacity may have to be reduced requiring down zoning of undeveloped land or use of technologicai solutions. While it may not provide the maximum density to plan for, building our communities with reasonable environmental limits in mind while maximizing the health of the natural environment is likely to yield better results than ignoring the carrying capacity concept until we bump into environmental limits and allow them to become a moratorium or lower our standards. ~arrynng Capacigy Applied ~o Infrastructure The term carrying capacity has a long history of use in application to man made systems like roadways, water and sewer lines and treatment facilities. These systems have generaliy accepted methods to determine their service limits. This concept was traditionally used to ensure the provision of adequate public utilities in areas where growth is e~; nerallv desired and density limits have been established in comprehensive plans. Carrying capacity analysis of infrastructure does not address whether or not the uses creating the demand are appropriate. Carrying capacity analysis can be used effectively in conjunction with a Capital Improvements Programming to successfully regulate the intensity and timing of growth. The capital improvements program should place the decision of when capital improvements will be expanded or capacity increased in an area clearly in the control of the community. Using the carrying capacity of infrastructure alone to control growth in areas where it is not desired is often only a temporary deterrent to development. This could have the effect of making the decision of whether or not an area should be developed one of economics and engineering rather than appropriate land use planning, community vision and values and comprehensive analysis. If an area is difficult to serve with utilities, instead of being a deterrent to development, the difficulty of providing services can act as a catalyst driving the intensity of development higher to pay for more expensive improvements necessary to overcome the difficulties of providing services. The resulting project, or the technical solutions to overcome difficulties in providing services, may far exceed the appropriate intensity of land use in an area. Not providing urban level sewer and water services to farmland areas has not protected them from large lot subdivisions with wells and septic systems. Zoning and other methods have proven to be much more effective than carrying capacity to manage growth. 45 Holding Capacity ` When growth boundaries are used in growth management, holding capacity helps determine the amount of land area to include within the boundary. Holding capacity is the amount of development that an area of land can accommodate at various intensities of development. It can be set for each planned land use and for various intensities of development. By knowing the holding capacity at the desired intensity(s) of development, the rate of growth and the time period the boundary will be in effect, the appropriate land ,atea needed to accommodate growth can be determined and the growth boundary set. Holding c;apacity also helps in planning appropriate infrastructure and community facilities. Trends in Plannnng Approaches Many traditional planning techniques start with the needs of the community and the preferences of the individual residents and business owners. Then these are constrained by economic, environmental, physical or other limitations that are addres;sed using various techniques such as impact mitigation strategies or performance standards. The:se techniques concentrate on protecting the health, safety and welfare of the residents from hazardous areas and on minimizing the impacts of growth on critical environmental areas. Examples include regulations that limit development in geologically hazardous areas, stee:p slopes, critical wildlife habitat and flood plains. Other less frequently used planning approaches start with the needs of the local ecosystem. Rather than just identifying "critical areas" a greater emphasis is placed on the health of the whole ecologic system. Development is modified in scale ;and location based on sustaining the environmental systems while meeting the economic and soc:ial needs of the community. As people react to environmental degradation, reduced qua;lity of life and decline in economic activity, community values and legislation are slowly moviing away from unlimited modification of the environment to meet the needs of new growth. Community planning and economic development are in a transition, reflecting greater concern 15or the environment in their planning processes. Unfortunately, all to often it takes a reaction to unwanted effects before many communities act to seriously and effectively manage growth. Concepts like "sustainable development" which seeks a balance of economic, environrnental and social issues and a longer term view of the effects of decisions, are beginning to be t3lcen more seriously, (if only a.s concepts, so far). tVew technology is making needed environmental information more aftordable and available so communities can make more informed decisions about tfie interrelationship c,f communities and their ecosystem. Communities are measuring "progress" with indexes which track quality of life concerns as well as economics. The more well known indexes are those adopted by Jackson, Florida, Seattle, Washington, and Poirtland, Oregon. 46 D Append'LX Otfl~~~ ~~d use ttoo?~ ~d iregulations that are used to support growth marna~~~~~~ ~tirategIleso A. Comprehensive Plan B. Community Character Plan D. Corridor Plans E. Transportation Corridor Plan F. Itiver Corridor Plan • G. Drainage Corridor Plan H. Drainage Basin Plan 1. Controlling use of Mining Claims as individual home sites J. Criteria for project approval K. Overlay I)istrict L. ' Character design standards M. Design Standards N. Itidge line I3evelopment Controls 0. Hillside Density Controls P. Green Belt Q. Conservation Easements R. Conventional Zoning S. Zoning Districts T. Special Use Permit U. Conditional Use Permit V. Minimum density zoning requirements W. Exclusive Resource Related Zoning X. Exclusive agricultural or forestry zoning Y. Impact Zoning Z. Performance Zoning , AA. Transportation Utility Fees BB. Senate Bill 35 CC. 1Vlinimum lot size DD. Exclusive Agricultural Zoning EE. Access permits FF. Temporary Use Permit for construction of private roads GG. Subdivision Regulations HH. Amortization II. Obsolete subdivisions JJ. Sunset Clause on Subdivisions and Zoning KK. Service District Boundaries LL. Green Line Limits MM. Blue Line Limits RIN. Special Service Districts 00. Strict water supply requirements pP. Mineral Extraction QQ. Federalland 47 . A. Comprehensive Ptan - Adopting a comprehensive plan }ielps ensure that the cammunity is planned as a whole rather piece meal, development by development. Although Colorado State Statues do not require communities or counties to adopt comprehensive plans, thPy do empower them to do so. The statutes indicate that a cornprehensive plan should address areas of land use, transportation, open space, housing, utilities, public facilities, hazardous areas. However, communities have also included other elements such as environmental character,~ economic balance, river and highway corridor guidelines, wildlife conservatiori areas, overlay districts, and growth management strategies. The plan should be based on analysis of the physical emrironment, projections of future trends and needs and citizen input. It could paint a picbure of what the community might become using maps and illustrations or simply be a listitig of goals and policies. In some States all zoning must be in compliance with the comprehensive plan. When zoning is requested that does not conform with the plan, the request must be preceded by a request and public hearing to modify the comprehensive plan. l:n Colorado, State Statues statf; the plan should be used as a"guideline" for new developme-nt. Communities do approve zoning that deviates from the comprehensive plan and typically only modify or update their plan every five to ten years. However, communities that approve developments that are nat in . general compliance with the adopted comprehensive plan become vulnerable to new proposals which also do not follow the plan since it can be demonstrate that the comprehensive plan is not always followed and eventually could be shown to be obsolete. There is some risk of being sued by those who acted on the basis of the plan if the plan is not followed by the community. B. Community Character Plan - typically one element of a comprehensive plan that focuses on the environmental, architectural and ciesign character of development in different areas of a community. This plan can be used to help ensure compatibility of new development with existing development or can guide new development in -an undeveloped area towards a predetermined character deemed appropriate for that area. C. Area Plams - Communities may develop plans for areas smaller than the entire commiinity, for example downtown areas, etc. Area plans can addri-Iss the same elements as the comprehensive plan but typically go into more detail than a comprehensive plan. Area plans may include specific improvements, development charac;ter, landscape or street scape plans, etc. (these details are sometimes included in compreheiisive plans) D. Cora-idor Plans - Corridor plans typica]]y follow a facility such as a major road or utility. They may be addressed similar to tiers with specific pol,icies. They are often used to determine impact fees by defining the area served by the facility and each developments pro rated share or in the formation of capital improvements districts. . E. Tramsportation Corridor Plan - A uansit corridor is a defined geographic area served by a major transpartation facility like a major sueet, light rail or mass transit line. Transportation corridor plans addresses the transit faciliry and often provides a frame work for the surrounding land uses and other improvements. For example polices for controlling access points, (or regulating curb-cuts) and establishing a permit process. Transportation corridor plans can define the areas which benefit from the transportation facility and be used in forming Capital Improvement Districts or to determine appropxiate impact fees on developments which benefit form the trzLnsportation facilities. 48 O F. fltueer cCorHdor P8an - A corridor along a river defined by vegetation or soil type, or a fixed distance from the river bank which is managed together as a major linear element in the communiry and/or as an ecosystem. Since river corridors are more environmentally sensitive, plans typically go beyond land use, character and development standards and address resource management, construction practices, storm drainage, erosion control, use of pesticides and fertilizers, flood plain, wetlands, wildlife and fish habitat, vegetation, cattle grazing, hunting, fishing and other recreational uses, public and private access along and within the river, etc. e. G. Drainage Coi°u°fla~oir PIlan - I)esignating and establishing improvement plans for corridors which will carry drainage from developed or developing areas to retention areas and natural drainage ways and help control the qualiry of urban run-off. Drainage corridor plans typically serve additional functions such as open space and trails. They are sometimes used in conjunction with improvement districts or impact fees to implement drainage and park improvements. H. Da-ainage BasnHn Pflan -'Takes a-basin-wide management approach of water resources to coordinate the efforts of water users, waste treatment operators, drainage districts and communities. Helps overcome inefficiencies of attempting to address water quality and quantity issues in a piece meal manner. It can help coordinate and address effects of actions or inactions of different jurisdictions in the same drainage basin for their mutual benefit. 1e Controuing use off Mnnanng C~aim.s as nndevidual houne sites -Various strategies have been used in attempts to control the use of mining claims. Examples include: Combining contiguous parcels into one lot to minimize the number of existing lots (used by Summit, County and others); Limiting the use of remote parcels to uses related to the resource; Controlling impacts of development by limiting the size dwellings to small size (600 - 800 sf.) Allowing only one dwelling per lot or establishing minimum lot sizes per dwelling unit; limiting or prohibiting disruptive activities such as plowing snow and the extension of utilities; (Pitkin County and Eagle County use regulations addressing this issue). S. Cuitea-fla for project approvafl - Criteria for approving a project typically range from the, personal values of local officials themselves (not advised) to precise standards quantified in point systems or formulas. What ever the methodology, it should match the communities staffing level and expertise to handle quantitative and qualitative negotiations with developers. Communities concerned about quality design should adopt good development standards and hire well qualified staff who are skilled at design to implement the standards and work with developers in the review process. The clearer the community is about the quality and type of development it wants the clearer it will be to determine whether a project is acceptable. Communities do not have to state specific reasons for denying a project implying automatic approval of a project if those conditions are met. Communities need clear, precise criteria that is easy to understand and to explain which can be used to assure thorough, rational, fair and consistent decisions. Such criteria can be useful to less experienced staff on a day to day basis and to communicate the community's intent to developers. This saves a lot of time, frustration and money on both the part of the community and developers. Small communities which can not afford to hire permanent staff, or to pay high enough salaries to hire highly qualified and experienced personnel, should adopt fee schedules which allow them to pass actual review costs onto developers to cover 49 the cost of hiring qualified staff to review their proposals. , K. Overlay Districts - A set of development guidelines, re,gulations or a comprehensive plan element designed to address specific issues rypically within more than one zoning district or land use category. Overlay districts are used for a variety of purposes including but not limited to protection of environmentally sensitive areas such as riparian areas, wildlife habitat, and migration routes or to increase or modify de:velopment standards to accomplish urban design goals. For example: a conservation overla;y district which establishes policies, regulations and development guidelines for lands within 200 feet of a river or stream bank. The guidelines standards or policies of the overlay district supersede any conflicting regulations or standards in the underlaying zoning or geiieral plan land use designation. Proposed plans must comply with the requirements of the overlay district where it applies. Often, overlay districts provide mitigation measures. Ttiese may take the form of development standards that address the particular issues; or may attempt to reduce the impacts of the overlay district on the property, for exam.ple, allowing density to be . transferred from within a building setback established b), the overlay district to other parts of the site or to another site. L. Character design staadards - Adoption of specific desi;gn guidelines with the purpose of ensuring that new development is compatible with existing development or with the vision deemed appropriate for a particular area. These guideli:nes typically address Architecture, - Historic character, site planning, landscaping, signage, fencing. or screening, ete. M. Design Standards -a set of standards which determine the design parameters of a project for specified uses or within specific geographic areas or zoriing district. Design standards differ from performance standards in that they specify how a use may be built but do not determine what use will be allowed. Implementation of sophisticated standards may require establishing a Architectural Guidelines, and may be administered b!? the planning commission, tn;: board, a design review board or a historic architectural review board. , N. Ridgeline Development Controls - Typically ridge line development controls establish a building setback from designated ridge lines or height l.imits for structures within a set distance from a Ridgeline to preserve the natural silhouette of the ridgeline, its aesthetics and character and to preserve the integrity of a view shed. 0. Hillside Density ControLs - Typically used to establish low density uses on slopes exc;eeding a certain grade. Often these regulations include design standards and/or performance criteria related to the aesthetics and preservation of the characte:r of the hillside. These might include limits on and treatment of cut and fill areas for road and building constructior?; Selection of building materiais and exterior colors which would have the minimum visual impacts on the view shed. P. Green Belt - a designated open space area typically linear in nature used as a link or non- motorized corridor and for recreation or to establish and buffer the limits of a town fi-om melding with adjacent development or another town, preserving the physical senses of identity of the town. The City of Boulder has adopted a goal of establishing a green belt around the future city limits as a conservation area and buffer. Q. Conservation Easements - Deed restrictions that run with the land conserving it as open space or for agricultural use. Typically reduces the val.ue of the land and associated taxes. 50 0 Dedication of conservation easements can be use to gain tax deductions. This is particularly useful to avoid inheritance taxes. R. Conventnona? Zoning - Regulates the use, size, bulk, height, lot coverage, and setback , establishes general limits on operations and minimum development standards. Separates land uses into districts which contain uses which are believe to be compatible with each other. Districts Granting or denying zoning requests should be based on a rationai such as the comprehensive plan and should not be arbitrary or capricious. I.ocal governments are not required to give conditians under which approval may be gained if a project is denied thereby granting automatic approval if those conditions are met. S. Zoning g?isttracts - designated areas in which specified uses are permitted which are assumed to be compatible with each other during conditions of normal use. Uses Group within a . zoning district should have a functional or economic synergy between them. T. SpecaaIl Use Permn4 - Specific uses may be permitted within a zoning district after a determination of appropriateness of location and meeting other general concerns. Determination can be somewhat subjective. Typically requires a public hearing. U. Cmnclitamna? Nse Permat - specific uses are permitted within the zoning district if they meet certain conditions. V. Manamaam densflgy zoning requarements - Establishing a minimum number of dwelling units per acre or minimum square footage per commercial building to encourage higher density or intensity of development. W. IExclaesive Itesonnrce ReIlated Zoning - Designating areas for exclusive resource related activities such as mining or agricultural use. X. IExc?u.snve agracan9taaa-a? or ffore.sta-y zoning - Designating areas exclusively for agricultural or forestry uses and uses directly related to these resources. A conditional or special use permit may be required for uses that are not resource related such as single family homes. Used to prevent infiltration of non-resource related uses which may be incompatible with normal agricultural activities. Y. I[mpact Zoning - an approval criteria by which developments are judged based on their impacts typically on natural systems and how well they mitigate those impacts. Typically a non-map-based system using land capability, land suitability, and/or other forms of analysis to determine protection levels for various resources. How well impacts are addressed or mitigated determine the land uses permitted rather than a zoning map. Performance standards are sometimes combined with zoning districts to increase the quality of design, to determine site density, or allowed uses on a specific site within a range of uses specified in the zoning district. Z. l~erfoumance Zoning - An impact zoning system which also has standards relating to impacts on man made environments as well as the natural environment. Performance zoning standards are most effective when addressing small scale development. Performance standards can be combined with traditional zoning standards or used in combination with impact zoning. 51 AA. Transportation Utility Fees - fees that may be used ito recover operations and maintenance . costs from existing and new development. This essentially treats transportation as a utility. Fees do not have to be tied to direct benefits received by using roadways within the local jurisdiction. BB. Semate Bill 35 - State legislation requiring the adoption of subdivision regulations t?ut exempting the regulation of subdivisions which create lots of 35 acres or larger. The following techniques may discourage the subdivision of land into 35 acre parcels served by inadequate substandard roads and utilities for single family residential homes. CC. Minimum lot size - A zoning regulation establishing the minimum size of a lot for particular uses permitted within a zoning district. For example requiring a minimum lot size of 80, 120, 160 or more acres for a single family dwelling unit in an agricultural disaict. DD. Exclusive Agricultural Zoning - Not designating a siingle family home as a permitted use by. right, and/or requiring a special use permit or conditional use for any buildings not directly related to agricultural use can be used to prevent infiltration of incompatible uses into an agricultural district. For example Sauache Coiinty uses conditional use permits and public hearing process for approval of non agricultural uses on agricultural lands. Uses are only allowed under conditions approved with the specific use, basically creating PUD zoning for each special use. EE. Access permits - Control of access onto public right-of-ways and the standard of roads that will be attached to public right-of-ways can be controlled to a certain extent by requiring an access permit. This policy protects the carrying capacity of county roads by reducing the number of driveways and turning movements and helps avoid the creation of hazardous traffic patterns do to poorly planned access. This policy may limit legal access points to one for each existing parcel when such access is the only access to a site and places the burden of planining access to newly subdivided parcels on those creating subdivisions or coming to thf; County for an access permit. This may be most effective when accompanied by non-access easements adjacent to all caunty roads which are recorded at the County Court house. FF. Temporary Use Permit for construction of private i-oads- Designation of Road Constructiori as a temporary use under the zoning code and requiring a temporary use permit is one means of convolling the proliferation of roadways to serve 35 acre subdivisions. Road Gonstruction must meet adopted standards to obtain a use permit to build the road. CRS 35-72-101 empowers counties to require control of blowing dust and soil erosion. GG. Subdivision Regulatioas - criteria, design and development standards for the provision of capital improvements, public facilities, street and lot l;ayout which must be met befoxe a legal plat subdividing ownership interest in property c,3n be filed and subdivided parc,els sold. HH. Amortization - A method of requiring non-conforming uses to comply with regulat:ions by determining the value of the use and setting a time period in which that value will be amortized. Thereafter the use must cease. (CRS 30-28-121) 52 ~ U. Obso?ege subdlavisuons - Setting a time period after which the subdivision will become void unless an extension is granted or development has occuned. SJo Sunset Cpause on Sub¢UvLsions and Zoning - Setting time limits on all zoning approvals of one, two, or five years after which if no building permits have been submitted and construction has not been started the zoning lapses to the prior zoning or to an alternative use approved at the time of approval of the zoning. KK, Service Disgract Bonandaeies - the area in which utilities or other services will be provided sometimes associated with a special district which collects taxes for services provided. Service district boundaries can be a tool for establishing urban growth boundaries. These boundaries should be carefully considered. When service district boundaries are not the same as town or city limits, communities must use other tools to conuol the timing of development such as tiers, phasing of capital improvements, zoning, etc. LL. Ga~een g,nBae I[.flannnts - establishing a boundary designating areas as agricultural, rural or open space and limiting to the extension of utilities and development into those areas essentially establishing a boundary to urban development. I~M. Bflue IL'naae ILimnts - establishing the limits of water service areas. Can be used direct where urban development can occur: , NN0 Specga9 Servnce Dign°ucts - districts formed to provide services to areas and help them develop. Can be used to generate development when and where it is desirable. The proliferation of special service districts often results in inefficiencies and loss of some elements of control over development. 00. Sgruct water suppfly reqaairemengs - establishing a 300 year water supply requirement for new development. This can in some cases limit subdivisions except to those areas where the community desires growth and extends urban level infrastructure. (El Paso County has adopted a 300 year water supply requirement) PP, Minea-al Extractaon - Although local governments can not adopt regulations that prohibit the extraction of minerals, they can required that extraction be accomplished within the local regulations. Recently La Platta County adopted standards for controlling the impacts of drilling of gas wells. Their regulations were upheld in state court. o Federa? laandl - Local building permit requirements are applicable on federal land except in application to structures conveying water through the area. 53 a ' ` ~graphy American Planning Association (1986), Regional Planning 'g'oday. 7he Practice of State arid Regioyal Pdanning. American Plmning Association, 1776 Massachusetts Avenue, Washigigton, DC 20036 American Planning Association (1986), Techniques for implementing Regional Plans. The Practfce of 5~~e and Rcgioracal Pdanning. American Planning Association, 1776 Massachusett.s Avenue, Washingt.on, DC 20036 American Planning Association (1986), Managing Regional Planning Organizations. 7he Practice of State and Regiorad Pdararcing. Americu? Planning Association, 1776 Massachusetts Avenue, Washington, DC 20036 American Planning Association (1990), Creating Our Future• Stevs to a More Livable Region Technical ItM . American Planning Association, 1313 East 60th Street, Chicago, IL 60637 American Planning Association (1991), ReEional Urban Cprowth Goals and Objectives. American Planning Association, 1313 East 60th Strett, Chicago, II, 60637 Beville, MiYchel J., ee al. (1994), Planning Diserices in South Dakota. An Assessment of Economic Change and Development. Pdsblac Affairs, Mcay,1984. Governmental Research Bureau, The LTniversity of South I)akota, Vermillion, SD 57069 Boulder County, Article 21; Planned LTnit Developments. Boulder County Land LTse I)epartment, PO Boz 471, Boulder, CO 80306 Cage Cod Commission (1989, 1990), Cape Cod Commission Act, Including Chapter 716 of the Acts of 1989 and Chapter 2 of ehe Acts of 1990. County of Barnstable, 3225 Main Street, PO Bon 226, Barnstable, MA 02630 Coletti, I..ouis J. (1984), Reshaping County Government's Role. New .lersey Mwticapaditaes, Apfil 1984. Conners, Donald b.., Esq. AICP, ct al. (1989), State and Regional Planning: an Emerging 'g'rend. Choate, Hall & Stevvart, Exchange Place, 53 3tate Street, Boston, AA 02109 Fernandez, John Rh[., et al. (edieors) (1993), Growi g Better. Protecting Colorado's Qualitv of_ I.ife in the 1990's and Beyond. A Summary of Presentations made at a one-day conference, July 16, 1993, organia.ed by the Colorado Chapter of the American Planning Association, LTniversity of Denver, College of Law. Freilichy LelYAeYy Carlisle & 3hortlidge (1990), Ancatysis andd Options: ilrban F'orm, Area Pdaaaraarag, and Regaoraad Service Provision. Freilich, Leitner, Carlisle & Shortlidge, 1000 P1ua West, 4600 Madisan, Kansas City, MO 64112-3012 , Freilich, Robert H. et al. (1986), Planning and Zoning for Gommunity Land Use Ivlanagement, College of Engineering, University of Wisconsin - M:adison. ~ Hall, David (1991), Regional Strategies - Groping for Guidance. Town & Country Planning, May, 1991. Knox, Jerry (1992), Worldng Together: M[ulti-Community Collaboration in Iowa Communities. Jerry Knox, Associate Professor of Community and Regional Planning, College of Design, Iowa State University, Ames, IA 50011 I.eague of Women Voters of West Virginia, Inc. (1972), Cotinty Gobernment in West vrginia. American Planning Association, 1313 Fast 60th Stree:'t, Chicago, IL 60037 Lincoln Institute of Land Policy (1993), Growth Management in the Northern Front Range Resource 1Vlanual. I.incoln Institute of Land Policy, 113 Brattle Street, Cambridge, MA 02138-3400 Nletropolitan Council of the T~vin Cities Area (1990), .Igtrg2olitan Council Guidelines for Reviewing I.ocal Comprehensive Plan Amendments. Metropolitan Council of the Twin Cities Area, Mears Pazk Centre, 230 East Sth Street, St. Paul, NiN 55101 Metropolitan Washington Council of Governments (1991), A I.egacx, of Ezcellence for the Washington ReEion, Task Force Revort on Growth ~and Transnortadon. Metropolitan Washington Council of Governments, 777 Idorth Capitol Street, NE, #300, Washington, DC 20002-4201 Monterey County (1994), Ordinance Number 03747 Agricultural Land Protection, Right to Farm. Ochab, Kenneth, AICP (1994), Special Area Management Plan in the New Jersey Meadowlands. Envirorunent & Development, lanuary, 1994. Ame:rican Planning Association, 1776 Massachusetts Avenue, Washington, DC 20036 Porter, Douglas R. (editor) (1986), Growth 1Vlanagement: KExuin og n Target? ULI-the Urban Land Institute, 1090 Vermont Avenue, NW, Washington, DC 20005 Simonds, John O. (1978), Earthscape. a Yvianual of Environmental Planning and Design. Van Nostrand Reinhold Company, Inc., 115 Fifth Avenue;, New York, NY 10003 State of Georgia (1992), The ABCs of RIRs. Georgia Plauzer, January, 1992. Newslettex of Georgia Planning Association,,a Chapter of the Ame:rican Planning Association. The Global Cities Project (1993), Building Sustainable Com;munities. an Environmental Guide for I.ocal Government, Land Use: Stewardship and the Planning Process. The Glc?bal Cities Project, 2962 Fillmore Street, San Francisco, CA 94123 The Rocky Mountain Land Use Institute (1994), Third Annuad Land Use Conference Materials, March 10-11, 1994. College of Law, University of :Denver. Williams, Kristine M., AICP (1991), Managing Developments of Regional Impact. Planning & Zoning News, October, 1991. . / ~ A Itr 4 yA f ~1 y~~.~~ 4~J' Y `~sh~'.& r:. v S + q~ '1 s` t q3¢. t S F ~ e ~~c-~~ > ~ *p s V ~ ~V~,~~.•.. 1 M~ • ~..z T~4 k~ ' t~° ~Rak k"w µ s . . )a . ~ . , ~ d~ ! r:dl ~ u~ - „ F Oft Um nETWEEN RUNS Nancy Davis, at left above, hos4 04 4he Race to a•' Erase iwS, tries to pick up some newr dance ~ ° moves from rapper Hammer at a VVestern par- i~ '~j • ty fund-raiser Friday night. Model Yasmeen Ghauri, at right, got behind the camera 4o pho- tograph friends at 4he base of Golden Peak in , Vail yesterday. STORVo 3C ~ The Denver Post / Karl Gehring r.~ . . . . r • . . ' . r...+....,......mnwww>v'.1.b{G~ar.~'Y-h'Mw-.iaw'.•u~... . ' c p 0 p cti ~O a~i s.~. ~ O~p~ c~. • p~ . . L N N y ~ .a G. y 'q cC ~ Ci C y G~i y'~ ,0 V y G~ c. ^G X~ T bN~ V ~ L- o y,~j m U o. 'u o~ c YC, ~ -c ~ a) ca E cw y Yu ? c. vi q x ~ C ~ cv 1-1 ~ ~ o q Rs 'z ti ".c ~n - • b ,o o um i a = 3 ? ~ 'D C.) c, ~ C. ~i, .'T'. ca C ~ 07 ~ ca c~a .c ~ ~ ~ ~ Q ~ N ~ ~ ~ oo 4n~' w' x 27 ozV Y c v[~~ aocv -a~° c v~ O V „ _5 ~ fn ~C o ~ a cc" 3 c°a ~ coC7~° ~ y > ~ ~ . H~ lII y cd c. a ,3, ~ v! 47 at N N o' cc a> U a~'i av~i ~E ~1" O Cl ,0 3 ( Q o ~ y , o O~-vi Ei Q) wyY p 7~Da N~--~,an[ "rn`°`dcnou~z~° w c~t ro~.~ cC 3~ C. C. Vl ' ? O~-' ow-~ ~ G t~.. O ~ d N N' 0-ti4/ UcoD q, ~ ow ~ o a o ~n ~>o,' A m o " m `a ~3a ~ ~ ~ v, v, v, b ~ ti c~ d v, ~a P4 ~o a, a, : x~•.. ~ ~ a;C7~°~ c~a~y=~-0 o,o bfs'F~ ~v~ ~C>,f~c~ ~ cC ~ A w ~ vF~i c3 ~ n'~ ~C+'' a O G O~ r G V~~ w' b ~ f ~ ~ ~Y V,y ,~Qf~'~,b ~ N d~ ~~iU ti ~ C w 3~'t7 ~'i ~ = Q . 0 Q) ~/1 0 V u V y W [/1 y ~ {'.r ~ ~ M cz N ~ lt~ o o ca y ca Q ~ N c°'. '3 Z ^ ~ - y c ~ 05 ~ v, T y ~ c. z f~ m a), a' u ° W (3) co ~ > c .n a ia ° a o . y ~ 0 ca< cy.. tuo p' ~ro ° 'ca ~ (3) ~ P~a m d a~~'~v y ao w ~ caE• o rn ? anv~ q oGq o> v)V,c. y on' ~F., °r.. ~ tin yy~ ~ c° u ° L ~ .o u y -ca ~ N ~ n - c~w ~ Q `l ~ C° • o~ co LL. c ~ ~ c y ~ o~,.~y. 'd g° o°o`" ~ o~ i. ~a° a°b•`" :L~v, c.~' ~,c,G~ o~ p~ y oCa"a U o F co o p, ~s ,°'q an V c`t.~ ca = c~a vi E. v, o ~ 'c,~--~~' ~ ~ ~ ~ ~ cv ~ o F y ~G+ a~ ~ o r o ~ A d b p m x... ti. _U., ew ~e . > ca a au S P ~ • _ : • _ ' f~i . . . . , ' . : . RECORD OF PROCEEDINGS Mnnutes of the Itegular Meeting of the Board of Directoa-s VAgIL VA]LILIEY CON~OLIDATED VVATE$8 DISTRgCT Decerriber 22, Il9941 The Regular Meeting of the Board of Directors of the Vail Valley Consolidated Water District, Eagle County, Colorado, was held December 22, 1994, at 2:00 p.m., in the John V. Amato Room of the Upper Eagle Valley Consolidated Sanitation District administrative offices. 846 Forest Road, Vail, Colorado, in accordance with the applicable statutes of the State of Colorado. ATTENDAN~E The following Directors were present and acting: Byron Brown Patrick Dauphinais T. Charles Ogilby Frederick P. Sackbauer IV Paul Testwuide Also in attendance were: Leslie Allen, Adminis[ration Manaeer, Upper Eagle Valley Consolidated Sanitation District Becky Bultemeier, Finance Manager, Upper Eagle Valley Consolidated Sanitation District Lanny Car.lson, Interim Water Operations Manager, Upper Eagle Valley Consolidated Sanitation District Dan Cepeda, Photoerapher, Vail Daily James P. Collins, Esq., Legal Counsel for the District Dennis Gelvin, General Manager, Upper Eagle Valley Consolidated Sanitation District Gayle Grider, Project Manager, Upper Eagle Valley Consolidated Sanitation District RECOItD OF PROCEEDINGS Vail Vallev Consolida[ed Wacer Districc Minutes of December 22, 1994 Page 2 Roger Hanman, The Hartman Company Tom Huston, Operations Manager, Upper Eagle Valley Consolidated Sanitation District Gail Lucas, Water Operations Manager, Upper Eagle Valley Consolidated Sanitation District Jeff Roth, Physica] Access to Wilderness, ( P.A. W.) Bob Weaver, Projec[ Manager, Hydrosphere Itesource Consultants Emily Woodruff, Adminis[rative Secretary, Upper Eagle Valley Consolidated Sanitation District Diane Yates, Senior Landscape Architect, DeLeuw-Cather and Company DISCLOSURES The Board noted it had received more than seventy-two.hours prior OF POTENTIAL to the meeting certain disclosures of potential Conflicts of Interest CONFLICTS OF Statements for the following Directors :indicating the following conflicts: INTEREST Paul Testwuide is a Vice President of Vail Associates, Inc., which has significan[ land ownership and busines;s interests within the District. Frederick P. Sackbauer IV is an employee of Vail Associates, Inc., which has sienificanc land ownership and business interests within the District. Byron Brown is a Broker employed by Slifer, Smith, and Frampton/ Vail Associa[es Real Estate, which has significant business interests within the District. APPROVAL The Board considered the Minutes of the Regular Meeting of OF MINLITES November 22, 1994.The Directors citeci the following corrections: On page 7, under the headine entitled "Meeting with the Town of Vail Staft", the reference ro the date for the meeting should be changed from November 27, 1994 to November 30, 1994." On page 9, under the headine entitled "Director Reports," [here were two rypographical errors. RESOLVED the Minutes of the Regular Meeting of November 22, 1994 be and herelby are approved as amended. RECORD OF PROCEEDINGS Vail Valley Consolida[ed Water Districc Minutes of December 22, 1994 Page 3 The Board then considered the Minutes of the Special Meeting of November 30, 1994. Following discussion and upon motion duly made and seconded, it was unanimously 113~~OLVED the Minutes of the Special Meeting of November 30, 1994 be and hereby are approved. R]EP~RT BY Ivlr. Collins reported on the status of legal matters pending. LEGA1[, ~OUNSElL Gypsum Airport Contract Changes - Mr. CoIIins stated there was no need to change annexation portions of the Intergovernmental Agreement with the Town of Gypsum. Mr: Gelvin reported he had received a]etter from the Town of Gypsum claiming the District failed to inform a customer, who paid an airport tap fee, he has obligations to notify the Town of Gypsum. He added it would be a positive effort to improve District notification procedures. The Board concurred to invite the members of the Gypsum Town Council to a luncheon meeting in February. Staff was directed to make arrangements for the meeting. Explanation of Term ]Limits ]Law - Mr. Collins interpreted Amendment 17 to the Board, explaining Directors may only serve two consecutive terms in office with a four year break between consecutive terms after the date the Amendment became official. Director Testwuide entered the meeting at 2:30 p.m.. OPeratflons Agreeaanent - Mr. Collins presented the Operations Agreements between Upper Eagle Valley Consolidated Sanitation District and Vail Valley Consolidated Water District, copies of which are attached hereto as lEachYbat A, and incorporated herein by this reference, stressing the changes , requested by the District had been included, and the term of the Agreement would be six months. RECORD OF PROCEEDINGS Vail Valley Consolida[ed Wa[er District Minutes of December 22. 1994 Page 4 Following discussion and upon motiori duly made and seconded, it was unanimously RESOLVED the Operations Agreement between Vail Valley Consolidated Water District and Upper Eagle Valley Consolidated Sanitation District be and hereb:y is approved. EXECUTIVE The Directors concurred to enter into Executive Session to discuss Eagle SESSION Park Reservoir. Following discussion„ and upon motion duly made ,and seconded, it was unanimously RESOLVED to enter into Executive Session for the purpose of discussing the Eagle Park Reservoir, and negotiations pertain.ing thereto. The Board stayed in Executive Session approximately 15 minutes. FINANCIAL Ms. Bultemeier presented the Financial Report and Proposed REPORT Disbursements, including a list of hand checks, copies of which are attached hereto as Exhibit B, and incorporated herein by this reference. Followin(y discussion and upon motion duly made and seconded, it was unanimously RESOLVED that the Financial :Eteport and Proposed Disbursements, including hand checks, be and hereby are approved. 1995 BUDGET Ms. Bultemeier summarized the changes requested by the Directors at the October Public Meeting for the purpose of reviewing the draft Budget for 1995. A copy of the amended budget is attached hereto as Exhibit C, and incorporated herein by this reference. She reminded the Board it vuas critical to adopt a budget and certify rnill levies. She then distributed copies of the Schedule of Assessed Valuation Mill Levy and Property Ta:Kes Assessment for the 1995 Budget, a copy of which is attached hereto as Exhibit D, and incorporated herein by this reference. RIE~ORD OF PR~~~EDINGS Vail Vallev Consolidated Water District Minu[es of December 22, 1994 Page 5 BLACK ILAKES Chairman Sackbauer introduced Mr. Roth, representing "P.A.W." (Physical Fg3HING PgER Access to Wilderness). Mr. Roth presented a check in the amount of $4,500, P.A.W.'s contribution to an effort shared by Vail Valle.y . Consolidated Water District, Vail Associates, the US Forest Service, and P.A.W. to promote wilderness access for physically challenged people. Chairman Sackbauer accepted the contribution on behalf of the Board and provided Mr. Roth with copies of recent press releases regarding the donation, which had been arranged by Peter Webb Public Relations on behalf of the District, copies of which are attached hereto as Exhibit E, and incorporated herein by this reference. A photographer from the local press was present to record the event. A copy of the photograph which appeared in the paper is attached hereto as Exhibit lF, and incorporated herein by this reference. ~~~RATIONS Ms.. Grider reported on the current status of Construction Projects and AND Capital Projects. She began her report by reviewing recent conespondence MA][NTENANC1E from Mr. Weaver, a copy of which is attached hereto as Exhibit G, and RElPOit7['S incorporated herein by this reference, and introducing Mr. Weaver and Ms. Yates to the Board. B9ack lLakes Wetlands Mitigation - Mr. Weaver, representing Hydrosphere Resource Consultants, presented an historical perspective of the Black Lakes Wetlands Mitigation project. He reported the work completed to date has achieved 70% - 80% of the District's mitigation obligation, but the Army Corps of Engineers had identified some deficiencies which should be addressed within the next year. He estimated the overall cost of completing the work would be $35,000. Chairman Sackbauer proposed scheduling a meeting with the Town of Vail to discuss the proposed irrigation system along with other capital projects. Mr. Weaver was instructed to research the resolution that approved Wetlands Mitigation actiyities at Katsos Ranch to determine if there is reference to the proposed irrigation system, befoie meeting with the Town of Vail. The Board also instructed Mr. Weaver to negotiate with AWC regarding credit before contracting with them again to correct the deficiencies identified by the Army Corps of Engineers. RECORD OF I'ROCEEDINGS Vail Vallev Consolidated Water Dis[rict Minutes of December 22, 1994 Page 6 Mr. Weaver proposed the following sequence to proceed with the project: (1) Response to Army Corps of Engineers, (2) Work with Town of Vail.on design concept, (3) Complete survey vvork, (4) Preparation for Surrvner implementation. The Board expressed an interest in bein.g involved in discussions with the Town of Vail. 1994 Baseline Data for Black Lakes ltelease - Mr. Carlson reported he is looking for flow data regarding how r.nuch water has been released since December 10, 1993. The Directors asked Mr. Carlson to chart the data and provide a report at the January, 1995 meeting. CAPITAL PROJECTS REPORTS Dowd Junction Interconnect - Ms. Grider presented the Alpine Engineering "Dowd Junction Interconnect Project Summary", a copy of which is attached hereto as Exhibit H, and incorporated herein by this reference. The summary included t:he negotiated contract price of $1,459,657.00 for the installation of the potable water line through Dowd Junction, the intent of which was to hydraulically connect the Vail Valley to "Down-Valley" communifies. The project was completed at a savings of $58,336.07, or a total contract payment of $1,401,320.93. Director Testwuide commended staff for superlative work on the project, expressing special thanks to Ms. Grider and to Mr. Carlson. Gore Valley Treatment Plant Retrofit - Ms Grider then presenteci a Deductive Change Order for the Gore Valley Treatment Plant Retro;Fit, Change Order #4, a copy of which is attached hereto as Exhibit I, a.nd incorporated herein by this reference. She asked the Board to approve and sign the Change Order at the meeting. Following discussion, and upon motion duly made and seconded, it was unanimously RESOLVED the Gore Valley 'I'reatment Plant Retrofit Change Order #4, in the amount of $1,631.00 be and hereby is approved. The Directors executed the Change Ordf;r at the meeting. RIE~~RD OF PROCEEDdNGS Vail Vallev Consolidated Water Dis[rict Minutes of December 22, 1994 Page 7 Mr. Carlson reported the system is working well, and will be back on line January 1, 1995. He added it is unnecessary to run the system full time at present, and cheaper to pump water from wells, which should amount to approximately $1,500 in savings to the District. He reported all pumps are in line and ready for testing and sampling with polymers. Meter lPa-ncing - Staff provided the Meter Price Comparison, a copy of which is attached hereto as Exhibat J, and incorporated herein by this reference. The Board concluded District prices are reasonable, and would be a service to the public to carry the meters for sale. We19 R-2 - Ms. Grider asked the Board to ratify Well R-2 Change Order No_ 2, for additional well development time at the request of the Engineer (10.77 hours at $150.00 per hour). A copy of the Change Order is attached hereto as Eachibit K, and incorporated herein by this reference. Following discussion, and upon motion duly made and seconded, it was unanimously lE~~OLVED the ratification of the Shelton Drilling Well R2 Change Order No. 2, in an amount not to exceed $1,615.00, in addition to the existing contract be and hereby is approved. Gore Creek Demolitioan Estimates - Director Dauphinais asked the Board to postpone the consideration of bids from Continental West and B& B Construction for demolition until the January meeting. Capeta? lProject.s Pflanning wath the Towei of Vail - Mr. Gelvin presented correspondence received from Fire Chief Duran and Fire Marshal McGee, of the Vail Fire Department, in response to the November 30, 1994, Capital Projects Planning Meeting, copies of which are attached hereto as Exnibat lL, and incorporated herein by this reference. The Fire Department prioritized future District Capital Projects as follows: #1) Gore Valley Water. Treatment Plant li2) Tanks 2&3 Restoration (Merrick Item #3) #3) Cortina Lane (Merrick Item #8) f#4) Gore Valley Tank Land Acquisition, Design, & Construction (Merrick Item #4) #5) Well Improvements (Merrick Item #3 #6) Merrick Items #{7, 8, 9 #7) Bald Mountain Road Check Valve (Merrick Item #6) #S) Meadow Drive Water Main Line Improvements (Merrick Item fi5) RECORD OF PROCEE]E?INGS Vail Vallev Consolidated Water District Minuies of December 22, 1994 Page 8 The Directors tabled further discussion until the January meeting. Hartman Contract - The Directors :referred to the Roger Hartman Contract Administration for 1995,, a copy of which is attached hereto as Exhibit M, and incorporated herein by this reference. Following discussion, and upon motion duly made and seconded, it was unanimously RESOLVED the Roger Hartman Contract Administration for 1995 in the amount not to exceed $15, 400 be and hereby is approvecl. The Directors executed the contract at ttie meeting. IIPPER EA T,F, RF,GinNAL WATElt AUTHORITY ISSUES Hydraulic Analysis - Ms. Grider provided an update on the Hydrau:lic Analysis, including the need for a watel• tank and plant expansion. Odd/Even Watering Days Chairmart Sackbauer asked the Board to consider deferring decisions regarding odd/even watering days schedules for 1995 to the Upper Eagle Regional W'ater Authority Board. Revised Interconnect Agreement - Ms. Grider reported the Interconnect Operating Policies Agreement had been re;vised to include District changes, and had been signed by the Upper Eagle ]EZegional Water Authority Board. A copy of the Agreement is attached hereto as Exhibit N, and incorporated herein by this reference. The Directors executed the document at the meeting. Mr. Carlson reported the pump is in and water in West Vail is coming fram down-valley, using only one pump. Water Comparisons - Mr. Gelvin presented charts demonstrating the District experienced the same increase iii demand for water as the Upper Eagle Regional Water Authority. DIRECTOR Tract C, Vail Village 7th Filing - Director Sackbauer stated the sale of the REPORTS lot was a top priority for the District. ~ ll! 1G `1.. O1L6 1LY OF 1C RO'l. JLU lIi Dll NGS ' Vail Vallev Consolidated Water Dis[rict Minutes of December 22. 1994 Page 9 Ivis. Allen reported Mr. Jones, from Enpro Consultants, would work with Director Dauphinais and 1VIr. Carlson to perform the Phase IV Environmental Audit. Director Dauphinais presented a letter from Holy Cross Electric, a copy of which is attached hereto as Exhibit 0, and incorporated herein by this reference, regarding overhead primary electric feeder lines for Vail Village, Filing 8 and the area it serves. He then asked the Board to provide additional funds for the environmental audit of both sites. Following discussion, and upon motion duly made and seconded, it was unanimously R]ESOILVED the additional allotment of funds not to exceed $1,000 for an environmental assessment of both sites be and hereby is approved. ]H[iring of Water Operations Managea- - 1VIr. Gelvin introduced IVIr. Gail Lucas, the new Water Operations Ivlanager for the Upper Eagle Valley Consolidated Sanitation District, to the Board. Coraaenunity Relations - The Board reviewed the Peter Webb Public Relations contract for services to be shared by the Upper Eagle Valley Consolidated Sanitation District, the Upper Eagle Regional Water Authoriry, and the Vail Valley Consolidated Water District in 1995, a copy of which is attached hereto as ]Exhgbit P, and incorporated herein by this reference. Following discussion, and upon motion duly made and seconded, it was unanimously R]ESOILVED the contract to engage Peter Webb Public Relations for an annual fee in an amount not to exceed $12,000 for 1995 be and hereby is approved. Chairman Sackbauer executed the contract on behalf of the Board. The Board instructed Staff to arrange a joint meeting with Peter Webb Public Relations and all members of the Consortium sharing their services in 1995 prior to the January Regular Meeting of the Board of Directors. RECORD OF PROCEEDINGS Vail Valley Consolidated Water District Minu[es of December 22, 1994 Page 10 Eagle River Assembly - Director Ogilby reported there was a great deal of interest in the Williamsen document: presented to the Assembly. He asked the Board to authorize the Assernbly to use the data in the above mentioned report. Following discussion, and upon motion duly made and seconded, it was unanimously RESOLVEI) the disbursement of the Tom Willimasen document for the use of the Eagle River Assembly be and hereby is approved. Appointment of Representative to the Colorado River Water Conservation District - Director Ogilby reported he has written to the Colorado River Water Conservation I)istrict, introducing hirriself as a candidate and attempting to address concern expressed by Jack Lewis that Director Ogilby does not reside in Eagle County, and may, therefore, be ineligible to serve on the committee.. He reported there are seven candidates for the seat and Eagle Couiity. Commissioners will make the appointment. 1995 The Directors considered the proposed 1995 Meeting Schedule, a copy of MEETING which is attached hereto as Exhibit Q, -and incorporated herein by this SCHEDULE reference. Following discussion, and upon motion duly made and seconded, it was unanimously RESOLVED the 1995 Meeting Schedule be and hereby is approved. NOVEMBER Mr. Gelvin summarized the November N'Vater Production Analysis Report, WATER a copy of which is attached hereto as Exhibit 1Z, and incorporated PRODUCTION herein by this reference. TAP FEE The Board reviewed the September Tap Fee Schedule, a copy of which is SCHEDLJI.E attached hereto as Exhibit S, and incorporated herein by this reference. 0 d . 1L6 E. CORL.Y OJC` PA4 OC1G EDll N`1II S Vail Valley Consolidated Water Discrict Minutcs ot December 22, 1994 Page 11 AD.~OURNMENT There being no further business to come before the Board, the meeting adjourned at 6:06 p.m.. Respectfully submitted, Secretary to the Meeting :YlI!!'l.l dES AJC 1C RO9' NiDy 1L` OIRlo'YAL `LALLy t'L1VD 1VOllll'1.-JL' O%` LVHEd'illllNG YQ'AHV'1C.1LY: Byron Brown Patrick Dauphinais T. Charles Ogilby Frederick P. Sackbauer IV Paul Testwuide . } V ~ I~I': COIZD 011' I'IZOCI';I';I)INCS MIANTES OF THE REGULAR AREETING OF THE BOARD OF DIRECTORS UPPER EAGLE VALLEY CONSOLIDATED SANITATIOAT DISTRICT December 21, 1994 A Regular Meeting of the Board of Directors of the Upper Eagle Valley Consolidated Sanitation District, Eagle County, Colorado, was held Wednesday, December 21, 1994, at 1:00 p.m., in the John V. Amato Room of the Upper Eagle Valley Consolidated Sanitation District administrative offices, located at 846 Forest Road, in Vail, Colorado, in accordance with the applicable statutes of the State of Colorado. ATTEATDANCE The following Directors were present and acting: Andrew Armstrong Jerry Bender Walter Kirch, Chairman , Kent Rose The following Director was absent: Darell Wegert, whose absence was excused P,lso in attendance were: Leslie Allen, Administration Manager, Upper Eagle Valley Consolidated Sanitation District Erwin Bachrach, Resident of the District Becky Bultemeier, Finance Manager, Upper Eagle Valley Consolidated Sanitation District James P. Collins, Esq., Counsel for the District admin\b-uev-94\ev94-12r.min R I1; C 0 Iz 1) 0 11' I' Iz 0 C I,; I,: I) I N G S Dennis Gelvin, General Manager, Upper Eagle Valley Consolidated Sanication District • Gayle Grider, Project Engineer, Upper Eagle Valley Consolidated Sanitation District Fred Haslee, Regulations Administrator, Upper Eagle Valley Consolidated Sanitation District Tom Huston, Operations Manager, Upper Eagle Valley Consolidated Sanitation District Gail Lucas, water Operations Manager, Upper Eagle Valley Consolidated Sanitation District - Mike Poeckes, wastewater Operations Manager, Upper Eagle Valley Consolidated Sanitation District Bruce Petrik, Project Manager, Montgomery Watson Consulting Engineers Jim Ris, Project Engineer, Montgomery Watson Consulting Engineers Bobbi Salzman, Resident of the District William L. Williams, Eagle 2 Developers Emily Woodruff, Administrative Secretary, Upper Eagle Valley Consolidated Sanitation District POTENTIAL The Board noted it had received more than 72 hours CONFLICT prior to the meeting certa:Ln disclosure of OF INTEREST potential conflict of interest statements for the STATEMENTS following Directors indicat=ing the following conflicts: Andrew W. Armstrong is a certifi.ed public accountant with clientele within the District arid Eagle County, Colorado. The District may engage in busiriess relationships with sc>me of his clientele. Gerald W. BerLder is employed by Gamba and Associates, which has significarit business interests within admin\b-uev-94\ev94-12r.min n - ~ RC;CORI) 01,' I'I~OCI,,L: I)INCS Upper Eagle Va11ey Consolidated Sanitation District Minutes of the Regular Meeting December 21, 1994 Page 3 the District. The District and/or its managed Districts may have contracts or may contract with Gamba and Associates for engineering services. Darell wegert is employed by Scully's Art, Office and Drafting Supplies. The District has and mav continue to purchase office supplies from that company. Kent Rose is employed by Vail Associates Real Estate Group as the Director of Construction. Vail Associates has significant land ownership and business interests within the District. APPROVAL The Board considered the Minutes of the Regular OF Meeting.of November 21, 1994. The Directors MINUTES requested the following additions and/or changes: On page 4, regarding the Coet Recovery issue, the vote was 2 in favor, and 3 opposed. Directors Bender, Wegert, and Rose opposed. Following discussion and upon motion duly made and seconded, it was unanimously RESOLVED the Minutes of the Regular Meeting of November 21, 1994, be and hereby are approved as amended. BACHRP.CH/ Chairman Kirch introduced Mr. Bachrach and Ms. SALZMP,AT Salzman, and referred to documents reviewing the APPEAL history of the case, which are attached hereto as Exhibit A, and incorporated herein by this , reference. Mr. Bachrach described a brief history of the complications related to the location of the sewer line for Lot 38, Block 3, Filing 4, Berry Creek Subdivision. Mr. Bachrach asked the District to help with costs incurred locating the sewer line on his property, which totaled $3,500. He contended the District failed to accurately admin\b-uev-94\ev94-12r.min a R I!: C 0 R 1) 0 1' P 1? 01 1 1) 1 N G S Upper Eagle Valley Consolidated Sanitatic:: Discrict Minutes of the Regular Meeting December 21, 1994 ?age 4 locate the sewer line on his property, resulting in additional personal expense and inconvenience. Mr. Gelvin reviewed recent hearing findings, which determined District employESes had performed properly, utilizing all information available. Following discussion, and lzpon motion duly made and seconded, it was RESOLVED the Bachrach/Salzman request for damages in the amount of $3,500 for sewer line location costs iricurred for Lot 38, Block 3, Filing 4, Bex•ry Creek Subdivision be and hereby is denied. The motion carried with 3.votes in favor and 1 vote in opposition. Director Armstrong abstained from the vote. Chairman Kirch explained the District relies on inf.ormation provided by developers, and suggested Mr. Bachrach's and Ms. Salzman's claim might be with the developer. ATAD Mr. Petrik and Mr. Ris, rep:resenting Montgomery PROJECT Watson, presented "Wastewatf=_r Treatment Plant REPORT Improvements, Volume 2: Draivings", a copy of which is attached hereto as Exhib:it B, and incorporated herein by this reference. 'Che document contains mechanical drawings of the ATAD process and an overview of the ATAD structtire. Messrs. Petrik ~ and Ris described the object:ives were to reduce construction costs without sacrificing the facility. They stressed the> ATAD design is a admin\b-uev-94\ev94-12r.min a d izEJcoR i) oP 11 izocr,r_;i) iNcs Upper Eaale Valley Consolidated Sanitation District Minutes of the Regular Meeting December 21, 1994 Page 5 collaborative effort between Montgomery Watson and , District Staff, adding the current design provides operators with the.flexibility to determine how to operate the system, rather than having the system dictate operational procedure. Discussion related to the design of the ATAD tanks followed. Mr. williams, former Upper Eagle Regional Water Authority Director, who studied the FUCHS system in Germany, presented Montgomery Watson representatives with several questions related to odor control and round tanks versus rectangular tank designs. Messrs. Ris and Petrik responded round tanks are more efficient, when designing an entirely new system, but this project design was based on utilizing existing rectangular tanks. They emphasized greater circulation was expected to eliminate build-up of debris in tank corners, and odor problems were not anticipated. Mr. Williams asked Montgomery Watson to explain the choice of this ATAD design over the FUCHS system. Messrs. Ris and Petrik explained this design provides a system only slightly different than FUCHS to accommodate District needs for greater flexibility. Mr. Peockes echoed his preference for the flexibility provided by this ATAD design, and added the odor scrubbers included in the design, which are part of all other similar systems currently in use, were expected to eliminate any potential odor problems. Mr. Ris then presented the "Preliminary admin\b-uev-94\ev94-12r.min ' . RE COR1) Or I'R OC[;[;UINCS Uoper Eaale Valley Consolidated Sanitation District Minutes of the Regular Meeting December 21, 1994 Page 6 Construction Cost Estimate'", a copy of which is attached hereto as Exhibit C, and incorporated herein by this reference. WASTEWATER Mr. Poeckes presented the "Wastewater Operation.s OPERATIONS Report", a copy of which is attached hereto as REPORT Exhibit D, and incorporated herein by this reference. He added staff is up to full strength, and several employees are currently training. LEGAL Mr. Collins reported on the status of legal REPORT matters pending. Cost Recovery Issues - Mr. Collins recommended approval of Riverwalk, Liori's Ridge Filing No. _3, and Edwards Plaza Cost Recc>very. Following discussion, and upon motiori duly made and seconded, it was unanimousl.y RESOLVED the Eagle II Developers Riverwalk project cost recovery in the amount of $28,722.75 be and here:by is approved; and BE IT FURTHER RESOLVED, t,he Dauphinais-Mosley Construction, Inc. Lion's Ridge Filing No. 3 pre-construction Line Extension and Cost Recovery Agreement be and hereby is approved; and BE IT FURTHER RESOLVED the Fritz Schmidt Edwards Plaza Cost Recovery in the amount of $23,242.76 be and hereby is approved. admin\b-uev-94\ev94-12r.min n 6 R11: C 0 R 1) 011' I'R OCT,I,,DINCS Upper Eagle Valley Consolidated Sanitation District Minutes of the Regular Meetina December 21, 1994 Page 7 EXECUTIVE Mr. Collins then requested the Board enter an SESSIOAT Executive Session to further discuss Cost Recovery issues. Following discussion, and upon motion duly made and seconded, it was unanimously RESOLVED to enter Executive Session to discuss Cost Recovery issues at 3:30 p.m.. The Board returned frocri Executive Session at 3:50 p.m.. The Directors agreed to notify individual current Cost Recovery contracts, including official statements clarifying District cost recovery policies. Eagle-Vail Aietropolitan District Request for Reimbursement- Lots 70 & 71 - Mr. Collins reviewed the Eagle-Vail Request for reimbursement of stubout fees pursuant to a"Joint Resolution and Notice of Encumbrance," which were not collected on Lot 70 &.71 water stubouts within Eagle Vail, and referred to correspondence sent to Mr. Gelvin, copies of which are attached hereto as Exhibit E, and incorporated herein by this reference. Eagle- Vail would like the District to pay $2,709.62, which was not collected. According to Mr. Collins, many years ago, the District staff missed the opportunity to collect the stubout fees when tap fees were paid. Following discussion, and upon motion duly made admin\b-uev-94\ev94-12r.min 1 , IZl;C0R U 0F I'IZOCI?I-;l)INCS Upper Eagle Valley Consolidated Sanication District Minutes or the Regular Meeting December 21, 1994 Paae 8 and seconded, it was RESOLVED the offer of $1,354.81, half of tYie amount requested by Ezigle-Vail Metropolitari District, be and hereby is approved, with t:he inclusion of a statement which absolves the District from any future liability in this matter. The motion passed with 4 votes in favor and 1 vote opposed. Chairman Kirch opposed the motion. Gerry Flynn Request for Rei.mbursement - Mr. Flyr.in requested $2,012.35 in reimbursement for extra costs incurred as a result of what he believes was misdirection from District Staff. His request has been denied at the prelimin.ary staff level. Chairman Kirch emphasized the District was not responsible: The Board con.curred. Following discussion, and upon motion duly made and seconded, it was unanimously. RESOLVED the reimbursement for the cost of Pr. Flynn's second water system be and hereby is denied. Lone Pine Trailer Court Contract Buyout - Mr. Collins reported he has been contacted by the owner's attorney, and expects and offer to be forthcoming. Water Service to 2039 Chamo:nix Lane, Unit 1- Mr. Gelvin presented a memo to the Board regarding a claim for $5,000 for reimbursement overpayments for water and sewer service, plus interest, from admin\b-uev-94\ev94-12'r.min ~ a izrcoizi) or P R 0 c11,1-11' 1~1 N cs Upper Eagle Valley Consolidated Sanitation District Minuces of the Regular Meeting December 21, 1944 Page 9 1981, due to the zaulty location of a water meter resulting in Unit 1 payi.ng for an additional units service charges. A copy of this memo is attached hereto as Exhibit F, and incorporated herein by this reference. Mr. Collins recommended this may be a Vail Valley Consolidated Water District issue. Employee Claim - Mr. Collins reviewed an unemployment claim made by a former District employee,.which was based on charges of gender discrimination. Peter Rudy represented the District in a telephone hearing. The Labor Department ruled against the employee. FIATANCIAL Ms. Bultemeier presented the Financial Report and REPORT Proposed Disbursements, including a list of hand checks, copies of which are attached hereto as Exhibit G, and incorporated herein by this reference. Following discussion and upon motion duly made and seconded, it was unanimously RESOLVED the Financial Report and Proposed Disbursements including hand checks be and ' hereby are approved. On behalf of the Board, Chairman Kirch instructed Ms. Bultemeier to present each District employee, including the late Mr. Rascon, with a Christmas bonus check in the amount of $100. admin\b-uev-94\ev94-12r.min ~ ~ IZL: COIZI) 0F' I'R 0 CI~,I~1 UIN CS Upper Eagle Va':iey Consolidated Sanitation District Minutes of the 2egular Meeting December 21, 1594 . Page 10 Following discussion, and lzpon motion duly made and seconded, it was unanirnously RESOLVED the distribut=ion of a Christmas bonus in the amount oj= $100 to every Distr.ict employee, including ttle late Daniel Rascon, be and hereby is approved. WOLCOTT Mr. Gelvin reminded the Board Alpine Engineering REGIONAL will be present at the January, 1995, meeting to PLAN present the final report ori the Wolcott feasibility study. He addE:d, developers will proceed and use septic syst:ems until volume:, reaches 3,000 gallons per day, when a septic treatment system will be re:quired. CONIlriUNITY Staff presented the Peter Webb Public Relations RELATIONS Contract, a copy of which is attached hereto as Exhibit H, and incorporated. herein by this reference, for signature. The public relations programs will be shared by the District, Vail Valley Consolidated Water District, and Upper Eagle Regional Water Authority. The Directors executed the contract at the meeting. STATUS OF East Vail Sewer Replaeement - Ms. Grider reported CONSTRUCTION the original $110,000 contract was $42,000 under PROJECTS budget. She added the process of identifying and prioritizing areas for lining is the next step. State of the art.technology has included before and after videos of bursting in place, short segment fiberglass repairs, and manhole to manhole admin\b-uev-94\ev94-12r.min J R r;coR i) oif' P izocit;F,UINGS Uoper Eagle Valley Consolidated Sanitation Distzict Minutes of the Regular Meeting Decemller 21, 1994 Page 11 linings. She predicts more and more trenchless technology in the future. Interceptor Replacement Phase III - Ms. Grider presented the Alpine Engineering "Dowd Junction Interceptor-Sewer Main Replacement - Phases I, II, III Project Summary", a copy of which is attached hereto as Exhibit I, and incorporated herein by this reference. She reported Phase III is complete, and emphasized Western Slope has been very generous in cost savings to the District. Ms.. Grider distributed copies of a recent Engineering News Review article reporting on the trenchless pipebursting technology used by the Upper Eagle Valley Consolidated Sanitation District, a copy of which is attached hereto as Exhibit J, and incorporated herein by this reference. The Board congratulated Ms..Grider and added their commendations to the contractors. OPERATIOATS Mr. Collins presented the Final Operations AGREEMEATT Agreement between Upper Eagle Valley Consolidated Sanitation District and Vail Valley Consolidated Water District, a copy of which is attached hereto as Exhibit K, and incorporated herein by this reference. Mr. Gelvin reported changes were accepted by Vail Valley Consolidated Water District and Mr. admin\b-uev-94\ev94-12r.min , } IZI1,C0 1? I) 011' I'IZOCI,: Iil UINCS Upper Eagle Valley Consolidated Sanitation Discrict Minutes of the Regular Meeting D=cember 21, 1994 Page 12 Hartman. He stressed the term of this Agreement was 6 months. The goal of the half year term was to allow Mr. Gelvin to make necessary . modifications for the second half of the year and to allow for more accurate cost accounting. He stated Vail Valley Consolidated Water District desires a higher level of ,service, and the District must be able to slsbstantiate the costs to . provide this higher level of service. Mr. Gelvin recommended the Board sign the Agreement. Following discussion, and upon motion duly made and seconded, it was unanirnously RESOLVED the Operatioris Agreement between Upper Eagle Valley Corisolidated Sanitation . District and Vail Val7_ey Consolidated Water_ District be and hereby is approved as amended. Staff then presented Operat.ions Agreements for t:he Town of Minturn, Edwards Me:tropolitan District, Upper Eagle Regional Water Authority, Squaw Creek Metropolitan District, and Lake Creek Water District for execution by the Board. Copies of these Agreements are attached hereto as Exhibit L, M, N, O, and P, respectively, and incorporated herein by this reference. Following discussion, and upon motion duly made and seconded, it was RESOLVED the Operations Agreements for the Town of Minturn, Edwards Metropolitan District, Upper Eagle :Regional Water Authority, Squaw Creek Metropolitan District, and Lake Creek Water D:istrict, be and hereby are approved as presenl=ed. admin\b-uev-94\ev94-12r.min d a IZI~;COIZI) 01I'I~0 CI,;I1;1)INCS Uoper Eagle Valley Consolidated Sanitation Dis:r_ct p Minutes of th_ Regular Mee[ing DecemD=r 21, 1994 Paae i? 1995 ' Chairman Kirch encouraged the Directors to AqEETIATG examine the 111995 Meeting Schedule", a copy of SCHEDULE which is attached hereto as Exhibit Q, and incorporated herein by this reference. The Directors changed the Regular Meeting of February 22, 1995 to February 21, 1995. TAP FEE The Directors reviewed the November Tap Fee SCHEDULE Schedule, a cozy of which is attached hereto as Exhibit R, and incorporated herein by this reference. No action was.required. EMPLOYEE Ms. Allen addressed the Board to inform them of ISSUES the recent death of District employee, Daniel Rascon. The husband and father of 3 young children, had only been a full time District Employee for a short time, but the District was able to offer his survivors substantial benefits. Ms. Allen empnasized this is the first time the District has had a claim against its life insurance and survivor income benefits. She personally thanked the Directors for the benefits on behalf of all District employees. ADJOURIVMENT There beir.g no further business to come before the Board, the meeting adjourned at 7:08 p.m. Respectfully submitted, Secretary to the Meeting admin\b-uev-94\ev94-12r.min ' . . . _ . tt - • d . _ . . . ' v_ ' " . +,a: . _ . xe. ; uary.27,-~ 995 : . _ ~ - VOiCe 0f 1~ ROC~Cy MOI~~1tCd1I1 E~'lp ll°e ~ ~ - e S ~ a.L-t ~ R el-J R~ wells ~ ~'~lllillilg GOv~ ~er^~ ~ Q~~ ~ Homer warns ~e s so~ or& ~ CJov~or pushes for olv availanie for all users. and he ~C,p~ asked for backing in getting that ide3 ~el ~ wat&'OOli cy chanQes , t~~ m~ ~W. p He said he's willine to suaoort P^ D By Jennifer Gavin more water storaqe - such as dams oenvw Post cap;ca eureau - and oasn for combinations oi ~ tYORTHGL,ENN - Too many wells groundvrater and surface water use ~.aq mean all is Dot well in some areas of that offset each other during drou¢bcs Doog}as Coanty, Gov. Roy Romer and rainier cears. toid the CoIorado Water Congress Whefl ROmer asked for a show oi Yesterda~'• hands regarding the policy change, Romer said 4ao much housing de- noting tbat EI Paso Conntr laid doarn velopment is pegged on depleting such a law when its groundwater use groundwater that could run out or be- was runaing much higher than pro- come too e$penside to keep pumping. jections, most of the audience seemed ~ "Who the hell's buying these hous- to regard it as a good idea. B es. and do thev lrnow what thev're do- Then Romer demanded: "Have cou 3 ing'" Romer asked aboui 200 water . got [he guts in this room to do it? o~i ~D officials at the meeting. •`tiow loak. :1t age 66, in my last "Ri e don't let peoole build their cerm. I don't have time to use poiite houses on radon sand. Do we need to ?anguage. I'm not trying to be oifea- ri p~ !iave a kind of warning - a plaque on sive here. hut cou know vou can't eet the front door oi every• one oi those ;his aane in chis state unless vou oush houses? We've got to warn peopie it hard." ~ ~ r:ght now. If they're going to build. Rome* disolaced maps showing check into this." acquisition of water rights in the ao[- Romer urzed a c5anee in state iv Qeveioping area. Thev included ;rouadwater poiicy, to cut :he ai- poinu oi -aeid hieh depietion in :'r.e :o~red use rate b'v about t~~ro-tnuds. ~ wuica could 'ae?p 'teeo the wate* suo- =Ieas2 sze 1RlATER :n Rorller ~es c~ian eS- 1 ~ n water polikOj !RlATER from Page iB Partially eshaus4ed in the aqmfers, preparing for a two-day summit on metro-area Laramie / Fog Hills and coald eventatllp bec met~ costiy ~w~eek nd ~ g about~te Land Arapahoe aqaifers, which indicate for some homeowners to slaoalder. Board problems with a plan to ez- that water leeels. are dropping gaster And 4he pype af deve2opment he's coa- . fract wa4er ;trom onder the Lowry than the 1 percent a'yeaP;assumed . cerned.aboat ineolees ho~es fairl under cnnent state law. far.awap; . . ~ . `~~:~8e-.: f--:.:- froin'edch'other:'Asa re- ~ ~6e ~rater.~zpeits to ap- Romer said El Paso`C`o i ~ e ~ . - ~ ~ anty shift~ .salt;~fat~e efforts.~3a.' ili P~F~ several days iis "100-gear depletaon sstan er_'dard, ` deliv~face ~iate .r;;~roac~a:. $be:t~ ez{ F....-:.-- eas `fog :solaing such whic~ is 4he state sfandard, ~40 orie be eer9 co~ly ~as ~1,~'Romei said:_~-- grv~~ probleiris. ~ that wontd cat maximmn depietaon Qo. 1'hongh he'd bad sbme inkling of "I'm not trying to be a bomb- oae-third of that leeel. fhe prabtem 'lb recent aionth4, giomer thrower. I'm not," Romer said. "But He. said eaen if gge;wag~is on1Y he~ @eqm@ 1ocused it wW7e I'm worried a6oat it right now.^ 1! ~ i Page 6/February, 1995 Us ¦ WdTER S NErmr~S . Editorial Dear U.S. Water IVews: The U.S. Department of Interior is vation practices by filling with silt, substantially increase net water violating national environmental concentrating salts, and upsetting available for use in the reeions natu- laws by ignoring superior headwater the. natural flow. Misguided federal ral and human environments. storage alternatives for protecting programs for recovery of endangered Dave.Mi]]er endangered species and the human fish are worsening this serious im- Palmer Lake, CO environment. balance between managed environ- Western hydrologists have long mental flows from headwaier stor,age known that high-altitude storage vs. less-efficient low-altiiude reser- during heavy snowmelt years could voirs on rivers. maximize the environmental and Colorado is losing more than 1 economic benefits for entire river million acre-feet of its undeveloped systems during the damaging Colorado River Compact entitle- drought cycles. ments. This snowmelt water shoiild li nfortunately, most Western be stored in off-river sites for low- water quickly flows away each cost gravity use and reuse by both spring to hot desert reservoirs, slopes during critical drought cycles. where evaporation losses are ex- Other Upper and Lower Basin stai;es tremely high. Low-altitude dams on could also join in a cooperative head- rivers also conflict with good conser- water storage program that would Saturday,lanuary, 21, 1995 ~ Page 5 r~F~ '';N~ k~ ,u~''"~r;~;:a~„ N -it, , . ,~....-~c " ; , ~ ~3• - VV `,~,r,TM.~ 4.o,..r?y.y:>. Y;. . . . . „:.Y.'f ,i 3; . ~ . 'W~~d~di' L.YR!.,. 1~ ' 1 aw . . F~ ,tl: .~k~.~ . . . . s Ap, re ~ ~!SitGl'j 3"y, •~i ~ ~ ~ ! ~ `C ' ' l 44:'•', e•':~ 'q~' ~ ~ i~C~± .P'~~I,~" fw~ti~t~;;,. A 'r, ~ ~`5i . ~ ~A~ . i k~~5~'~ . . ~ib%yk,ii'V'? . ~v~r.'_r n.eA.' , ~ ,y_s.r4~F3i i ..'~";,~'t~'',;T 'Yd~'~? mr~i ~ F,r'`'~~.:;1,~~'CKI.. '~"3 • d y '.>1~,J~q~`NAS+?1w•K ¢~5't .i,+•. .rr, M'Ioller 1 Jf-bct Webb, comnct r r Dear ARayor Webb ancl coun- Icrsses nre tragicnlly growing wet year runoff in a nalnral of1- Giinnisim h;?sin needs. •17ie safe- dent on what is paliHemliy fmsh- cilmembers: and becoming pzrmanent, river Gunnison reservoir site yirld rosl uf llnicrn I'ark for iunable ae the fecieral and sPate Your initiative to anake the because of: calleel Union Park. "Iliese con- Fnon( Range cilies would be Ievels. South Platte "run like a river 1)1'he wasteful fecierAl pro- scrved flocxi waters will Uicn be atwul hal(that of thr vetced Colorado and al! Western again ' is an excellent environ- grams for recovery of endan- available on che Continental '1'wo Forks alternative. environments would have a:` anentml projecQ for all Colorado gered fish; Divide for managed release via Western water resource engi- win-win situation w6th it aealis- cetiaens. "I"his farsighted objec- 2) Colorado's long-term West gravity rnnduits to the S?ulh nee•rs have IonF; lcnoH,n that con- tic headwater storage prograege. tive 1s easily attainablc- if Col- Slopc shlft from irrigatccl farrn- 1'laltc, Arlcansas, Gunnison and ,crvalion o( snciwinell in liigh_ '12? slimulatc open discuesiOn, , orado would stop g8ving its eng to tourism; Colorado River basins during attitude slor,ige is re(juirecl to sorne coneerned Colorada a!atee entitled water to the feds and 3) Colorado's shortsighted long droughts - when storecl maximize thc cnvironmental exp2rts have developed eigh8 . downriver sfates. actions against headwater stor- water becomes liquid gold. and economic benefits of avail- fundarnental questions thaat ate' ; AbouQ one-third of Col- . age projeets. 7he largely unusecl Gunnison able waler fcir etitirc river sys- being widely published for Got+ orado's legal share of the Col- Regrettably, Colorado's branch of the Colorado Rivcr is leins in a gruwing region with Roy Romer'B studied resppnse, orado Itieer is now being lost to appointed water advisors are by far Colorado's weitest waler lang wet anci dry cyclcs. Th'se Answers ffrom fedeaas nattea'a9 California, eAaizona aexi Nevada opposing the state's only viable source. ln fact, extensive federal expxrts are now very concerned r+PSOUrce officials would aIso be growtla areas ciuring the heavy storage proposal to augrnent the studies indicaM surplus Uppcr wilh the Ex?Enilar notion thaQ welcorrw and inteeest6ng, snowmelt years. 7'his average SvuQh Platte Rfver system due- Cunnison flood flows could conslrurtion of headwater stor- Best negar+ds ared good lu¢6c yearly Boss of about 1 million ing the critical two- to five-year double Colorado's existing age is iio longcr paliticaliy with your Sauth Plafee RiveP acre feeQ as enough to supply drought cycles. This innovative transmountain water supplies acceptable. Un(ortunately they Project, unetro Denver for four years. Arapahoe County project will (about 450,000 acm feet) without are nc?t frer to speak out, as their ~ave Milger Coloeado's renewable waQer save same of Colorado's wasted adversely impactinR futunr businesses are Ileavily depen- Palmer Lalce A ' • W WWl.(i~~-/,},_/. K ~V 4.l- • ~u/~/L~ ~i. RECENL~ 1~0 159cz STATE OF COLORADO x ~ EXECUTIVE CHAMBERS 4tq oF•cot 136 State Capitol ~y¢ % = ~90 Denver, Colorado 80203-1792 Phone (303) 866-2471 a a 1876 Roy Romer Governor February 3, 1995 The Honorable Margaret A. Osterfoss Mayor Towr o f Va i 1 75 S. Frontage Road Vail, CO 81657 Dear Mayor Osterfoss: Governor Romer has asked me to respond to your letter and thank you for your recommendation of Dr. Tom Steinberg for appointment to the Water Quality Control Commission. Several people have applied for membership on this important commission and the Governor's final decision will be difficult. Thank you for taking the time to let him know of you support for Dro Steinberg. Thank you for your support. Sincerely, ~ / . a1xz1114 Karen Rokala, Director. Boards and Commissions TOWN OF VAIL 75 South Frontage Road Office nf the Toivn Alanager Vail, Colorado 81657 303-479-21051 FAX 479-2157 February 13, 1995 Mr. Kit Williams 605 N. Frontage Road Vail, CO 81657 Dear Kit: Please find the enclosed letter for Bob IVloston, Regional Engineer for the Colorado Department of Transportation. As indicated, the Degartment is willing to make some minor modifications to this facility, they are unwilling to relocate it as requested. I will be contacting Guillermo Vidal, Director of the Colorado Department of Transportation, to discuss this matter at a higher level in CDOT. I will keep you advised as we proceed on this matter. Please feel free to call me at 479-2105 if you have question or wish discuss this matter further. Sincerely, TOWN OF VAIL Robert W. McLaurin Town Manager RW1VI/aw xc: Ken Hughey, Police Chief Larry Grafel, Public Works Director Vail Town Council ' JAN-31-'95 12:40 ID:GJT DISTRICT 3 TEL N0:303-248-7254 #601 P01 STATE V1.~ COLOR1DO DEPARTMENT OF TRANSPORTATION a.sie., 9 - Zr 222 South Slxth Strpt, Rm. 317 Grand Junctlon, Cfllwado 81601 •2780 (sos) 24e7208 Fmc (309) 24a1254 Januacy 31, 1995 Mr. Robert W. McLaurin, TOW4 MA[18gCt Town of Vail 75 South Frontage Road Vail, CO $1657 Re: Vail PaSS Chain-up Area bear Bob: Thank you for your lettear datsd January 6, 1995 wbich discusses complaints from Vail citizens regarding the operatioa of tbe chain-up area on east-bound I-70 and requested that CDOrT Consider changing the location of this facility. This chain-up area consists oi' a widened shoulder (14 feet additional width) for a length of 1200 feet. As you are aware, CDOT has installad new signing designating this.as a"no parking" area, for chain installazion only, with a 30-manute maximum time: We bave requested the assistance of the Coiorado Seate Patrot and the 'U'aiI Police Department (through my +rarlier phone cqnversation te+ith ynii) in PnfnrrpmPnt nf thP. cignage. f"Tl(_1T mAinten2nce personnel, alchough 'not kaving eaforcamoat powers, ara requesting compliance with the signaga. Observations iby our supervisory maintenance personnel indicate that the situation has significandy improved sinCe; the newest signs were installed. A concrete barrier similar to those used in highway medians wi:il be installed along the shoutder of this widened area as soon as weathcr permits in order to reduce sight and noise pollution. CDOT considered the placement of a porta-potty at rhis location, but concluded from experience that this . would encaurage parking, and wouid be in effect an attractive nuisance. A chain-up area is necessary for the safe operation of east-bounil traffic on Vail Pass. It provicles an area fnr mntnrictc ta gex cafrly AwAy fmm thn ctrram of traffic and chain-up just before encountering the steep grades aad snow coaditions of the pass, itself. Truclcs which attempt the steCp grades without chains under adverse snow conditions and subsequeniUy spin out are the major cause of highway closures. Truckers and ather motorists will not instalt chains any consideirable distance in advance of the nood. Undor typiwl bAd wcuthcr cond:tions tho uccd fvr chAins ia not evideuc until tlio ewcy gtaalw of the pass itself are encountered; therefore the Edwards Rest Area or any location west of Vail would not be functional as is the current locadon. CIDOT is willing to undertalce reasonable measures to mitigate the iropacts of the existing chain-up location, and requests the eooperation of the Town of Vail iu problEUn sofving in order to maintaiaa a necessary safety facitity for the highway users. I, too, would be happy to meet and discuss this matter in further detail. RPM: r.ah very truiy youts, c: Reisbeck Smith Nal1 R. P. Moston file Director, Transportaxion Region 3 ' ~rt The Um11Ym1- Feb:ucTy 10, 1995 ( . I i . . ~ ' _ I . i : .i:>: •:::::::;:::r ' : :`r::_ :i::. . ; . . . . _ ~ e ' votbrs siie, dwt's cret On YMdLh - Of11er matterS T10TIIT - It should come as no surprise to anyone that Vail's voters turned down the town s proposal to build a cemetery at Donovan ~ Park. The notion has been withering for some . : . : . _ : . , ~ ~ . . . = time, and it was only appropriate to get a , . . . . - . . ~ - . . . = . ~ final say from the public. Although we would like to have seen a scaled-down version of the plan built, we're OK with the decision. ~ We're also very comfortable with the vot- ~ ers' decision to uphold the council's assault _ weapons ban. While we still wonder how. much of a difference the ban will make, perhaps it is a first start towazd a new aware- ~ ness in our community. ~ . Naturally, there are rumblings about re- visiting the gun ban, but we urge people to accept the vote and allow the town to focus on more important matters. . One of the major criticisms of the council's was that the council should ~ weapons proposal ~ - have been sPending more time on Vail's ev- ~ . - . , . : . - ` ° er e ce issu ` eryday matt s. With th metery e,, - ~ . . . . : . - ~ - - . ~ ~ ~ - ~ , , dead, so to speak, and the assault weapons ban upheld, the council may indeed have . more energy to solve Vail's woes. On another note, we'd like to welcome the Race ta r o Erase entourage to Vail. We'e c nfi ; ' - dent you'll meet your $2 million fundraising'`- . goal this weekend. Although we have mixed ~ ; feelings about the possibility of Vail becom- ing a haven for glitterati (the British tabloids ~ ~ ha e bn calling us on a regular basis esth e,;;;. : . _ ; . . , v ee . . _ j - : . ~ . . : ' ~ . ~ : . . . , . ~ . : L'' . . daYs), well concede that our modest town . . . ~ . . : . . - probably can handle these soirees a couple . times a year with no visible changes to its'~'`. : psyche. - . And if you promise to bring snow, come ori , . back every week. -TF . n G • t.6u~r,c~, . • . ~ ~ ~ The Resource Cenrer TRC of EPost Office Box 3414 Vail, Colorado 81658 HONORARY BOARD 303/476-7384 Dr. Jack Eck Betty Ford' ' Renie Gorsuch Sheika Gramshammer . ChnSt111e AIlC~eTSOri Mrs. Cortlandt Hill TOWIl Of Vall David Kanally 75 S. Frontage Rd. ` Dottie Lamm Vail, CO 81657 Richard Lamm Gail Wahrlich-Lowenthal Dorlene Deer Trucnses 7 FebI'llaTy 1995 Dear Christine: - Please pass on The Resource Center's sincere thanks to the Council for Vail's very generous contribution for 1995. Your donation will be earmarked for service to Vail residents and guests in need of crisis intervention services. On behalf of the 1100 individuals and families served annually by The Resource Center, our deepest gratitude. Sincerely yours, Cheryl L:;~Paller (Cherie) - Directcfr Peace on Earth Begins at Home,.. X c • . c t f 6 `'M1 , ~ ~ STt~~~ ~F C LORADO DEPARTMENT OF TRAIVSPORTATIOIV Region 3 oT 222 South Sixth Street, Rm. 317 Grand Junction, Colorado 81501-2769 (303) 248-7208 Fax (303) 248-7254 February 6, 1995 Mr. Kit Williams 2925 Booth Creek Drive Vail, CO 81657 Dear IvYr. Williams: I wish to acknowledge receipt of your letter of January 25, 1995 regarding your objections to the chain-up azea on east-bound I-70 at Vail. The Colorado Department of Transportation (CDOT) constructed and signed the widened area in question as a safety feature; to provide a place for motorists to install chains a safe distance from the flow of traffic. Such a safety area can reasonably function only in a location in close proximity to the steep grades of the pass where snow and ice conditions typically exist. CDOT has modified the signing at this location to indicate to motorists that the widened azea is for chain installation only, with a maximum 30 minutes allowable. We have requested and been assured of cooperation in enforcement of these regulatory signs by both the Colorado State Patrol and the Vail Police Department. CDOT will continue to mbnitor the effectiveness of the signing and make whatever changes are deemed necessary to achieve compliance with the purpose of this facility. CDOT maintenance personnel will install a temporary concrete barrier along the outer edge of the widened area as soon as weather permits; this will serve to partially reduce the visual and noise impacts of the facility. This barrier will be moved to the normal shoulder line at the close of the snow season, and advance signing will be removed, thus restricting the use of the facility to only that season when it is necessary for the intended purpose. Your expression of concern is appreciated. CDOT intends to continue operation of this facility, but is dedicated to cooperating with the Town of Vail and its citizens to make the facility work with the least possible inconvenience to nearby residents. I have rzviewed this situation with Region Traftic Engineer Jim Nall, to whom you also wrote. This reply represents our Region's decision and dedication to improve the operation of the chain-up area. Very truly yours, R. P. Moston Director, Transportation Region 3 RPM:cdh c: Smith . Nal l Hopkins Rb"be""`~rR1VTcLaucin', Vail Town Mgr. ~ file f ~ healt-h departmen-t . enters t,ru'c.k stopbattle., . . ~ of appetite:' ' By Allison Anderson..' The town will use the information it has received from Daiiy scaff wMer - the health department in its negotiations with the highway East Vail residents fighting the state highway dePart- department; said Environmental Planner Russell Forrest. The Town of Vail has not yet decided what steps it will ment over ~oxious truck exhaust are being backed up by take next, Forrest said. the state health department, which says diesel fumes can Council member Jan Svauch suggested Tuesday that cause health problems. ' the. chaining area should be torn up and rebuilt near the Coughing, headaches, nausea and burning eyes aie golf course. WilIiams also said a location further west, some of the symptoms area residents say they have noticed since a new truck pull-off was built onInterstate neat the golf course, would help keep exhaust fumes away . . 70 near the East Vail exit. The Colorado Department of fiom homes. _ Transportation widened the.lane last surnmer for truck dri- So far,` the Colorado Department of Transportation has : : : : : . , . . ' vers to put chains on their tires before climbing Vail Pass. installed signs that identify.the widened area of I-70 for "'The pollut}on is killing us," said Kit Williams, who chaining-up only.. Motorists are advised to move on after . . . . . . - ' - • lives near the east end of the Vail Golf Course. "During a maximum of 30 minutes. . the first big snowstomi, I.got physically ill." . But the si;ns don't work, according to Williams. Dur- Williams has been leading a battle by neighbors ing Wednesday's snowstorm, Williams clocked truckers . against the Colorado Department of Transportation. They who left their trucks idling up to 1 1/2 hours. One drivec. have been working.with the Town of Vail Community apparently intended to spend the night, Williams said, Development Department, which recently received con- until a Vail police officer drove by and honked his car firmation that residents' concerns are legitimate. The evi- horn. The trucker then left the area. dence came from another sector of state government - ""Their sign is a Band-aid," said Williams. "It was right the Colorado Department of Public Health and Environ- back to truck-stop city:" ment. The state plans to instal] a temporary concrete barrier The Air Pollution Control Division sent documents along the outer edge of the widened area of I-70 when which confirm that short-term exposure to high levels of weather pernuts. The wall will serve to partially reduce diesel exhaust may include "mucous membrane and eye che visual and noise impacts, according to a letter sent to imtation, headache, light-headedness, nausea, vomiting, Williams by regional transportation director R.P. Moston. heartburn, weakness, numbness and tingling in extremi- But Williams said the barrier won't hold back the fumes ties, chest tightness and wheezing. that have been enveloping nearby residents. "The odors associated with diesel exhaust emissions "The concrete bamer is CDOT's attempt to uiet the i ~ ~a.~9i f ~1 ~1;1 y.. . e t ` ~N;IC~'.l.•, 9S i > i~~ , t.'Plea~,e,,~eJrr,ifcks Pg~e,~t~s 3/~ <~F,~ • also cause some effects, such as nausea, headac h ~.an P t , + ,.11 11.1...eyI.._.r.......... 4-l~ia1~. ahe~'+iY~s te1_•'e~"IF~~~141:J p9-( I • qS U. . . t. . it Trucks - ~r . ' ri FPpm Pa9g ~ portation department, because there can be stretches of issue," Williams said. "I don't view it as a solution to any- bare pav ment can tear p both the chainuand the hi hs ~ thing." way. The only solution, in Williams' mind, is to move 'the S ch a safety area can reasonably function only in a loca- chain-up area. He has suggested that tnickers be directed tion in close proximity to the Edwards rest area, a spot on I-70 near Avon, or to to the steep grades of the pass I-70 alongside the Vail Golf Course. where snow and ice conditions typically exist,"•; says - Moston's letter. tages Williams over the said the current Ed site. wards option offers several advan- Williams said he plans to continue keeping a log of the truckers' activities and any ill effects he experiences. He ' "They'd be chained up going through Dowd Junction, said he plans to write a letter to his neighbors, ?7 which is one of the most dangerous sections of interstate asiang them highway," he said: to contribute any information they have. He said any res- idents who have comments on the truck chin-up azea That solution would not work, according to the trans- may contact him. a ~ ~ ° • eg TONN OF VAIL ~ ?S South Froniage Road Office of tbe Town Manager Vail, Colorado 81657 303-479-21051FA X 303-479-2157 February 8, 1995 Norman and Susanne Robinson 1153 Hornsilver Circle Vail, CO 81657 Dear Mr. & Pdrs. Robinson, I would like to respond to your Letter to the Editor, published recently in the Vail Dailv, regarding Golfcourse bus service and the Roundabout project. The bus frequency on the Golfcourse route was reduced due to low ridership numbers. Our staff analyzed ridership patterns over.the last eight years, which showed that 64,000 of the total annual ridership of 74, 000 was carried during two hours in the morning and two hours in the afternoon. This translated into a cost of 29 cents per ride at peak and $5.03 per ride at non-peak. Based on this information, service hours and frequency were adjusted and the operating funds were shifted elsewhere. Neighborhood residents predicted that buses would be leaving people at stops and the Village parking structure would be filling more frequently with people driving in from the Golfcourse. To date, we have not experienced any of the above situations. With regards to the Roundabout project, the Town Council and staff are optimistic of the success of the project and the improvement it will bring to the traffic congestion issue that continues to surface in surveys year after year. A great deal of effort has gone into researching cost effective alternatives to correct this problem. We believe the roundabout is that solution. We are confident that once experienced, our residents and guests will quickly learn to use it effectively and efficiently. If you have any questions, or desire additional inforination, please call me directly at 479-2105. Sin erely, ~ Robert M. McLaurin Town Manager cc: Vail Town Council Larry Grafel, Director, Public Works/Transportation Dept. - . n v • ~G'U~C.~... n Z'OWN OF VAIL Yu,C WA+tw , Input/Inquiry Response Rezord 0~ 0? The attached comments were recently received by the Town of Vail. VVe encourage Vail residents and guests to give us such input and we s4rive for timely responses. PLEASE ADDRESS THESE COIVCERIVS WITHIlV FIVE WORKIIiTG DAYS AIVD RETLTRN THIS . COMPLETED FORM TO PAM BRANDNIEYEIZ. DEPARTIffiN'I' TO HANDLE IIVQUIlZY ' (D Fl IlVDNIDUAL TO HANDLE INQUIIZY (gLtL VW44 . DATE TOV RECENID INPUT/INQUIlZY d• d' k 5 V411. 041 I Gt,~ ~ ~ , . TYPE OF IINPUT / INOUIIZY: PHONE CALL (indicate date) LETTER (attached) ? ~~,~.c, X C~~~~J~-~ U1( Y'"-P RESPONSE CARD attache ( a) ~ TYI'E OF RESPONSE (check one): LETTER (attach copy) PHONE CALL (indicate date) BRIEF SUMNIARY OF RESPOIVSE OR ANSWM TO TNOUIRY: . . . DATE OF RESPONSE FORM RFTURNID ByDEI'ARTNEEN!' T'0 pAM BR1NpNM"YM. , . . - A rnpy of this inquiry and focm will remain on file at the ?OV Community RelaGons office, As soon as this form is returned to Pam Brandmeyer, this inquiry will be mnsidered dosed THANK YOU FOR YOUR TIIAaY HANDLING OF'IfIIS 5SL1E IF YOU HAVE ANy QTJES-iIONS. pLFASE F£EI, FRg'1'p COM'ACT PAM BRANDMEYFR AT 479-2113. • - ,a TTERS" - { TOV needs to improve bus : service to go~f course area To the Editor: ; (This letter was addressed to Mr. Robert McLaurin, Vail '1Cown Manager.) ~ As homeowners in the Vail golf course area, we are writinig you about our i dissatisfaction with the bus service to the golf couise. In the last year the peak y service interval to the lifts has not only increased from 20 to 30 minutes, but ~ also, now the peak service period is much shorter in that the;re are only two extra buses in the morning and in the evening. ~ Prior to purchasing our home, over eighteen months ago, ione of our main j , concerns was the tr-ansportation frr,=r, the golf course to and frc~m the ski areas. ' Not wanting to add to the automobile congestion in the villa€;e, we k-new the ~ bus transportation to and from the ski area would be an important factor in our , decision to buy out of the village. We checked out the bus scheA3ules, even rode - the buses several times, and at that dme we felt they would work out just fine. ' Not so now! i In riding the buses during the last few weeks, we find they are not only very crowded but too infrequent during peak hours. Our neighbors and other visit- ing skiing wests also have been expressing their disappointment with the bus service's lack of frequency during the peak hours. It is affecting our rentai t clients too. We don't want to.resort to driving to the lifts because of the lack , of parking there, and it is not practical to walk the slopes as we used to when , l we owned and stayed in the Gold Peak ama : We have heard about the difficulry of hiring enough driven,. Although that ' may appear to be a legirimate excuse to some, it is still just an e:xcuse. Perhaps . those responsible for the town transporta[ion have to be a little more imagina- , tive and/or creative in attracting more drivers; better pay; incentives with VA for fringe benefits such as ski passes, bonuses, etc whatever it takes to get the job done. If money is part of the probiem, as it is in many cases chese days, perhaps, instead of spending several million dollars on the conoroversial roundabout at the main crossroad - that may cost even more than that to rennove when it is found that it dcesn't work - some of that money should be spe.nt on more bus drivers. And, as for the roundabout itself, my personal experience is that the human traffic directors used during peak hours over the last c,ouple of years have done a fine job; certainly better than a traffic light, and I believe do a rriuch -better job of dealing with the peak hour aaffic than a roundabout New Jecsey gave up on their many "aaffic circles" because of the congestion caused at peak use period. They also were unable to educate the drivers tiow the system . ~ was supposed to work and who had the right-of-way, etc., and I doubt that ~ TOV, even with the best signage, will be able to educate the many foreign and out of town driwer_;,:,w the roundabout at Vail should work We sincerely hope that something can be done about the bus station before ' spring break in March, such as adding at least two more bases to the peak nour - schedule. If the 4:15 bus at Golden Peak was jammed in January, I shudder to : think what it will be like in March! Certainly, people w6o live un homes on the = golf course deserve better service. Sincerely yours> qt ~ ~6~4 Norman P. Robinson W ~~•C~,Ut : Susanne S. Robinson • t l~-~~-' ~~'~'L ~ b~• vail ?[53 f!b_y!kbiIUU" Ctt'tC.c.~ . Post=lt`"_brand fax tr.ansmittal memo 7671 ~of pages ? To -i ; From ~ _ Co. Co. i Dept. ~Phone a r ~ ?t- t Fax k - Fax l! ~ United States Forest 6ahite River Alational Forest r "T25 Tdl. ' Sth"~St. - Department of Servica Eagle Ranger District P.O. Box 720 A Agriculture Eagle, CO 81631 (303) 328-6388 XC~ dob ~ , Reply To: 1950/2720 jg~, ~ Date: February 8, 1995. . W(,dt,uElt~ Dear Reviewer: The Forest Service is in the process of analyzing a four season resort proposal for the Adam's Rib Recreation Area (ARRA). Public involvement is a very important process with all proposals to utilize National Forest System lands. With this newsletter, the Forest 5ervice is beginning the formal scoping process to inform and involve people who have an interest with the ARRA proposal. The mailing list now exceeds four hundred. With this first mailing, please accept our apologies for any mistakes to your names or addresses. We have combined all known lists and would appreciate hearing from you if: 1. Corrections need to be made to your name or address. 2. If you do not want to be on the mailing list. 3. If your address or name has changed. Having a current and accurate mailing list is important to the success of having an informed and involved public during the evaluation process of the ARR.A proposal. Please feel free to give John Borton, Forest Service Project Coordinator a call with your corrections or questions at 303-328-6388. Sincerely, 4~1 WILLIAM A. WOOD District Ranger enclosure e . Februery 8, 1893 - laaue pt E11aLE RAAIaER 0(S7R1C'T " 123 West 5th SVeet r°p~ x BU~~ LETTER BU~~ ~ S~~ E oi8 ~o 303 3284`188 ~?rwormet,at~ John BoROn, Project Coordinator ADAMS3 C .ATI TN' ARE • ~ • A I~11" CT PIZOPOS ' FOREST~ C.trrhy loi the Lrnd rtnd Strnmy People Greetings. This newsletter is firse in a series dealing The second pair of ineetings will focus on specific with the proposal for a four season rasort by Adam's . issues. Issue topics will be discussed in detail wfth Rib Recreation Area Issue #1 will focus on the process adequate time for questions and answers. and analysis that the federal agencies are going through, and more importantly, how the public will be involved PRQJECT PRoPOSAL DESCFiIPTiON with this process. The Adam's Rib Recreation Area (ARRA) resort proposal Future issues will explain additional aspects of this is located in Eagte County, Colorado. Briefly, the proposai. Please feel free to give John Borton, ForesY development proposal calls for the construccion of a Service Project Coordinator, a call wfth your thoughts. four season resort on approximately 3,500 acres ofi Our goal is to explain a rather complex ptanning and Pmate land and 3,000 acres of public lands, in addition analysis process. to associaced devetopment of about 1,475 acres of land next to the Town of Eagle. Sixteen miles south of PUBLlC RNEETiNGS ANNOUNCED Eagfe would be the ski area wfth the resorY componenYs of a base village, wirrter skiing and summer activities in The Eagle Ranger District of the White River Nafional East Brush Creek, Adam PAourttain and Mourtt Eve. Forest has scheduled public scoping meetings on 4he ThQ resore gotf course/hoteVresideritial area would be Adam's Rib Recreaiion Area ResorY Proposal. Four ~out seven miles south of the Town of Eagte 'sn Bnash meetings are planned for the Eagle County and Denver Creek. Lands next to the Town of Eagle are also par¢ areas during March. _ of the overall proposal. In Eagte County, mee4ings dv111 be a4 4he Eagle 1faltey ARRA has been under a Foresi Service Special Use High School In Gypsum on RNaech 9 and 22. In 4tie Permit since 1983 authorizing the consiruction and Denver area, meetings will be a4 4he Fores4 Senrlce development of a ski area on Adam and Eve MourtYains Reglonal Ot~tce loca4ed a4 7~0 Slmms S4ree4, Lake- °n National Forest System tands located in Eas4 Brush wood on M arch 2 and 23. All mee4(ngs vvlll be In 4he Creek. After completing the 1982 Adam's Rib RecreaYion Area Final Environmental Impact State^ient and Record evening starting at 7:00 anci ending by 9:30. A, map of Decision (ROD), this special use permit was issued Is Included showing 4he mee4ing locattons. by the Forest Service in recognftion that the permit was only "one sfep in a comDlex process o( review The agenda for the first pair of ineetings will have Yhree throuqh which the proponent m2st pr22eed° (ARRA-ROD, objectives. First, a presentation on U.S. Forest Service page 2). The review processes outlined in the ROD, and U.S Army Corps of Engineers (Corps) roles and page 4, inctudes, in priorrty: 1) Issuance of a Sec4ion responsibilities, along wfth how the proponenY's proposal 404 permit by the U.S. Army Corps of Engineers (Corps), is being analyzed. Second, the proponent will preserR (in progress); 2) Approval of a water augmentation the current status of the resort development proposal, plan in Water Court, (completed); 3) Acceptability of with questions and answers from the public to follow. off-site effects by Eagle Counry, defined as counYy And third, after a short break, the participants wi11 be approval of the proponents request for rezoning og assigned to smaller graups to identify and comment on private land, (in progress); 4) Certfication of assees their ideas, concerns and issues wfth the proposal. (25°6) and presentation of sufficient information of HBE's 1 ~ capability to develop and. operate a major ski area, the Clean Water Act of 1972 and the Nat3onal Forest (completec). An additional step was to complete a Management Act of 1976. Agencies are encouraged to detailed mouritain master developmertt plan, of which, work cooperatively to minimize dme and the sxpense a conceptual plan was submitted by ARRA in December of preparing the required documents. With ts;e ARRA of 1993. project proposal, the Corps is acting as the IEad agency. In 1987 the Corps received a permit application irom NEPA requires tha federal agencies to; (a) use a ARRA to fill wetlands. The permit is necessary pursuartt systematic interdisciplinary approach in planriing and to Section 404 of the Clean Water Act. The Corps decisionmaking; (b) consider the ernironmental impact deteRnined that the proposal would have significant of proposed actions; (c) ideritify adverse environmerttal impacts on the quality of the human environmertt and, effects whicti cannot be avoided should the proposal therefore, an Environmental Impact Statement (EIS) be. implemeinted; (d) consider altematives to the was required in accordance with the National Environ- proposed ac:tion; (e) consider the relationship between mentat Poiicy Act (NEPA), tocal short-telrm uses of the human ernironmeM and the maintenance and enhancemerrt of long-term The Corps developed and published a draft Environmen- productiviry; and (o identify any iReversible arid irretriev- ta! Impact Siatement (dE1S) in October of 1989 for the able commitunenis of resources which would be involved Section 404 permit for the filling of approximately 70 in the proposed action should it be implemented. acres of wetlands predominantly in the base village (private lands) of the ski area The acreage of wetland . The Forest ;iervice, under the National Forest Manage- fill or disturbance was later reduced to approximately ment Act has completed and is implemerrting the Land 46 acres. In accordance with the Section 404 (b)(1) and Resourc:e Management Plan for the Whif.e River Guidelines, the Corps issued a decision in 1993 thai National Forest. Part of the Forest Plan is an irnerttory ARRA had not yet met the wetiand minimization of sites on the forest that are suitabte for sk:i area presumption within the total project area. developmen,t, The Adam Mourttain area is a ciesignated ski. area site within the Forest Plan and is part of the ARRA has since modified their base village proposal proponent's proposal area for the ski area to fill approximately 25 acres of wettands, and to avoid, minimize or mitigate impacts to wetlands. The sdElS vrill tier off of the findings within ttie draft The Corps dstermined that a supplemental draft Environmental Impact Statement prepared by the Corps Environmental Impact Statement (sdE1S) was necessary dated October of 1989, and the Final Ernironmerrtal to anatyze the modified plan and a Notice of Intent to Impact StatE:ment and Record of Decision prepared by prepare one was issued and published in the Federal the Forest Service dated Juty of 1982. Register on Juiy 17, 1993. The sdE(S wil( determine if the proposal is in compliance with the Section 404 PROPOSE[) ACTIONS TO BE ANALI2ED (b) (1) guidelines and not contrary to the public interesL If sa, the Corps can issue a Section 404 permit. Proposed a,ctions to be analyzed within ihe sdEIS are located on both private and National Forest System Because of this modfied plan to fill wetlands submitted lands. They are: an application for aSection 404 permit by ARRA and ARRA's continuing efforts in accomplishing to place fill material in wetlands, site specific dESVelopment the items required in the 1982 Record of Decision, of a ski area, a land exchange, and installation of a along with the need for the Forest Service to anatyze in power trans.mission line. detaif the proponent's proposal for the ski area master development plan, a propased land exchange, installa- The need for Eagle County planning and zonirig approval tion of a powerline and wetlands issues on National through the PUD process was recognized as one of Forest System lands, the Forest Service has committed the four key, items to be completed before ttie Forest to work cooperatively with the Corps on the preparation Service would allow developmerrt of the ski area, as of the sdEIS. The Forest Service issued a Notice of outlined above. Eagle County is considering ttie proposal Intent on October 31, 1994 to participate with the Corps in a separal:e process. and analyze the above actions proposed on National Forest System lands. PUBLIC INIJOLVEMEIdT AND THE NEPA PROCESS FEDERAL ADMINISTRATIVE RESPONSIBILITES Public involvement is an importartt step in the decision making process. tnput from the public and other The Forest Service and Corps are required by federal governmenC agencies is vital and assists the Corps law to evaluate proposals for utilization of public lands, and Forest Service in identifying ali of the irriportant and with ihe Corps, private lands. The main laws are issues requiring indepth analysis, thus disc)osure of all the National Environmental Policy Act of 1969 (NEPA), known positive and negative effects are ideritified. 2 o in addi4lon to the public meeYings alreac9y scheduled, During ehis commeri4 periocl, the Corps and Fores4 rti the Forest Seevice ancl Corps will te taking commen4s Seevice will hold aB leasg tdvo public meetings, one in from the public and other govemmene agencies throu9h- Eagle County anci anoqher in the Denver area. The out the planning process. Formal meetings will be heid purpose oq Yhese meetings will be to receive public during key phases oY the NEPA process. IrtFormal comments on the corTtertt and accuracy of the sdE?S. commems vvill be accep4ed a8 any 4ime during the mis commerrt period will be sixry days. planning process. A public information meeting was hetd aY the Eagie The Corps and the Forest Senrice witi then address ali County High School on December 20, 1994. About 75 the comrrtertts ln the preparation of the Final Environmen- people hearci preserrtations from different govemment Yal ImPacc StaYement. 'fhe final EIS is expected to be agencies aboue 4heir involvement wkh the ARRA projec4 COmPleted by March, 1996. proposal. About hafP the meeting was cievotecl to quesYions ancl answers from those aYCending, Each agency wiii rencier a formal decision in a documen4 caliec9 a Record of DecWon. These decision documents The process Yo complete the sdEiS, incorporaie ali will display the rationale the decision makers utilize in pubiic commen4s, analyze all the issues, develop a PPeparing the decision. range of aftemaYives, and disclose the efifecYs of Yhese aftematnres on the human environmertt relating to the FOR FuRTHER INFORAAATION projecY proposal should be compleYed by AugusY 1, 1995. Please contacY John Borton, Project Coordinator aY the Eagle Ranger District for further information. The address UVi4h the public release of the sdEIS, ano4her very and telephone number are located on page one of the importane period of public irniolvement will take place. newsletter. AREA MAPS TO: Eaqle Vallev H(ah Schocl Forest SePVIce = Denver Reglonal Otfice 740 Slmms, Lakewood EaGC~ ~ -~O ~ ~0 ~ ~n i~ ~ a~~. WYG ~ ~ EV i1S 3 . ,owN of wu Vicinity Nfap . Adar.n's Rib Recreational Area a.nd Associated Projects 0 i- ~ , I ~ J ~ § 1 C a < , i o n ~ c a ' I . I I I I I I r coratuo+cE ro .oaor+ua 230 ACFPEs I z3 w•s i ~ \ \ \ \ w,w's Me I ~ \ exVLLAZE.rncs ~ \ \ I \ rei~u uh ~ ~ l 1 AIILE r~ ~ WMi [H nv,w wce Ot/31/94 , 02/14/95 TUE 13:03 FA% 202 544 1465 LIZ ROBBINS ASSOCIATES ~j001 ~ L1iZ ROBB.C1Nb7 A7SOCIATEo~ Washington Itepresentatives 522 Sth Sta°eet, S.E. Washington, DC 20003 te?e 202/544-6093 faxo 202/544-n465 FAX T'RA1VS=AL COVER SHEE'T C017E: Pages: ~ . xo : ~EGGY osTERFosS/ TOWN coUrnrCEL 303-479-2157 FROM_ LIz Ro~BINS AssOczATES DA'Y'E : FEBRUARY 14, 1995 RE _ ~OPO4ED RfEX'd' S7T-PS TO SECURE FJRII)ING FOIZ VAEL BTJSES As you Dnmvv, ffithe past vvhea vve have dvogked for Vail and gained aa appxopaiations carmark fop bim fuaid'mg, Coaxgressaanal enactmeBat and Presideneial signaeure of the appropaiations bill corqaple$ed mur wesrk. 'g'he genaiaiing applicatian process by the Tovwn did not geqiaire any extra "Pusb.". WbiJ.e rt is $he case ahat each year, DO'B' reguLarly smds up lists o£pxojects (eartnarked projects, unoblagated fiaaiding fmr projects, or both) it wisbcs Congress tm rescind in erther a s?applen=tal with recassiosas or the nexi yeai's appropriations bnll,, dae Appropriatious Cammittee tradiftiowally ignorcd ghe gequest, having already stated ies vvill. Tliis year is different. Caaagress, and partic,-ulsrly t~e House, is preparing to enact large and painfial cuts in discrctaonary prvgrams_ T'hese ccutts may well be prosecuted in the form of a large °'reconciiiataon" bill whic?i combines authorization changes, appropriations cuts, and tau: changes in one huge bill. Ahexnatively, the cuts in direct appeopri,ated spen.ding may be done in apprepriations recissimns bills. T7he Appropriations Conmittee is novv woaking on recissious in some paogsun.c, but furcher appgopriawons euts anay yet be inchaded in a Reconciliaeion fneasure. A$ thas paint, $he exace legislaBive pracess that will be folloeved is aot fiualized.. BasicaUgr, the threat to youa fianding consises of finding either your prQject by name, or ehe f=ding.CoLyour UQiect iuneliaded in absc of available funding fos cuxs. Such a list could be generated by DOT, by the Budget ComAOittee, by the Appropriatevns Commit$ee, or by the authorizing committee. To date, DO'e' lxas identificd for Congress $30 milfidn in available finding in the Sectioll 3 bus category (from EY94 and FY 93 fundmg) vvathout specifying projec.-ts, and has offered $400 milian in highway projects far reci,si.on, wzth the recguest that Congress allovv Sccretary Pena to adengify t-he projects to be defunded. In. addition9 the Yupestor General mf tthe p9epartment o1f'ffi~aon9pop¢ation h$s naflentifed for Caengrtss FY 95 Seeaon 3 ffaandang as aanuobfigated aan~ avan9ab9etfov rescnssaon. Yonr praject is in FY 95 Section 3. 02/14/95 TLiE 13:03 FAg 202 544 1465 LIZ ROBBINS ASSOCIATES- C¢]002 , 1 r While DOT has not yet sent up an " bfficial hst" of Section 3 fimd'mg from FY 95 tLat is available for dcobligaxion, it will do so if requested by Congress. Budget Committee Chairman Kasich is overseeing the development oftbe FY 96 budget and will inciude: significant reductions fiom FY 95 appropriated fimding. The object is to avaid h.aving yvur. fiamdlimg included in the budget, in a reconciliation bill, or xn appropriations rescission biIL Even if yuur projeet is not included by name, you are not home free. If some amouut of bus fuading is it3entified and rescinded, you must then fight to ensure that your project is not cut to meet the iteduced amount of fimding available. There is a fmal eanglicating factor_ Technically, a recission request for Section 3 bns fureding shauld be handled by the authorizing committee. It would take five paxagraphs to explaan why (although we would be happy to brief you on it), and it is a techn icality that never mattered in our previous wor.k, simae we rzeed aaly go to appropriafions for the aotual earmark It becomes si~ificant now, however, since we are trying to avoid a recission, and it means that we must make our case to the authorizing committee as welL Next Steps For LRA Because there are multiple places where your fimding could be tbxestened, we will need to work all ofthem to protect your funding. . The Budget Committee is a threat m the House. While w•e will need to explain the innuvative (and "Republican") nafiue vfthe project; mQre; important wiil be to gain the finoa. sappo.rt, throughL the Taos connection, of Senator Domenici, Chairmau of the Scnate Budget Committee. We will have to explain the project to the Public Works committee Chairinan and Ranldng Member. Fortunately, in the House we have already completely briefed the Ranlang Member (and former Chainnan), Rep. Norm NY'meta, on the project when we were attempting to gam fiuiding fvr asimilxr sharing arrangment for Avon. Wmeta, in fact, seni: a letter of support to the Deparhnent_ Shuster and Mineta work well togetb.er., and we will try to reenergize Mineta pn the project's behalf. Tn thie Senate, wh.il.e we mn711iacewise work with the staff of the comunittee aud the Raukiug Member, Senator Moynlmi, we will rely more on Senator pommici In both the House and the Senate, there is no member from either Colorado or New Mexico un the autliorizing committee. We will, clearly h.ave to wu.dergo a similar pxocess wiRh the .Appropriations Committee. WhUe the new Ch.ainroaiz,.Kep. Frank Wol~ is familiar wi1R the project due to his.fon•mer position. as the 1Ranlaiug 1Vlember on the Appropziations Subcommittee, we did not work with him directty. The subcommittee sta who have not changed, are agso not supportive of the project (because of the politics of having the Repre,sentative from Vail request the funding and then vote against the bill. The staff consider themse2ves the "eaforcers" in these sitLiations. ) Finally, and unh-ke in yeazs past, it will be nccessary to work wrth the DOT career stafE Tliey can play an fairfy significant role in protecting aproject. Wlzen requested to provide 02/14/95 TUE 13,:04 FAX 202 544 1465 LIZ ROBBINS ASSOCIATES F6004 ~ a Iis¢ of tmmbfligated projects, they generaIly have some ability to ciehcr hold a projcct froffi tbo list, or psovnde yome guadmce, an wh'ch prmjecls are a,nubligated buL a9. the very fmal ' stagc and about $o be sagned, and whach are mur.h fiuutYher alosig_ As artale, they wiIl select those projecgs vdhich aae futhest frorn beiung finalized before a project vvhach is almvst tv t2e fmal appgmwal stagc. ncreforc, at will be uuportaat to briefthe career st4 $ry $o g~in their siappart, ayad keep theaffi inEbamed in an effort to keep the funding far tus projcct fronrbeang identified as avaiIable for Congress. lFor this; as I told you, we propose to work with aa?other consultant who typicaIly works at tlae I)OT staff level (paid frommi our fec by us, not as n septaMe s:hxrge by you) to try do wiu uvr,s aurl gam aIlie; m Lhe career sQaff As wvc dm typically, we wozk di.rec,-tiy with the, elec,-tcxi members of CUngms, aad thcir sQ4 to gain their active sapport. Vau? Rien~ Steps As should be cl.car, Rep. Richasdsmn and g?offienici remaia.absolutely key to this process. While Scnator Bgovm mxy be a.o. .cn.o.re favor vvith aRepubfican Appropriations Commiteee, we cannot be sure of how activc his seappoit vdill ultim$e.ly pr.ove to be. Therefore, rt is it~tpmataait far Vailto cmn¢aaaue to vdork as closely as posslle with Taos, an.d the business agaci political leadersbip in that commmity, to contact Rachardson aiud DouienSci and reqiaest thdr support_ 3ecand, we v+M draft and have Vail offieiaLs send lctters descaibing the project and "zts p.rmgress $o the appropriate uffi6ah, leaers ewhich we eball fullow up ou person;&y aud wlaich shou1d iu soiue , cases (wbLicla we wii7 adentify) be followed by a phone call from the Mayor or apprapriate Council txaember, ".us should be done 5aoner rather than later_ Third, the absolaate most iffiporeant thing that Vail officiaLs can dm, and one ghat mtast be consexemtiously aiLended lo, is to move as rapidty as possible to complete aud stabBm6t the grant application. 7Ctie Iaftlaer along the project is vvhcn Longress begin.s loofdng for money, the safer ahe project is. Thgs catmot be stressed enough. A very iffiportant part of. tb.,is proccss (and we ase pIeased eo laeaa that two aaaeetings have been held already) is "wooing" Ylie gegioial DOT officaal.s. Most o.f. tb.e tixr.ee, grojec.-t appfication delays are caused by DOT bureaucracy, not by delays on the part ofthe applicant. Groodwii] and willingnm to he)p an the paxt ofRegional I~OT slair can be very iffipogtant. 7Cn~gn~ Prameo We nccd to begini immediatety and to praceed wiehh this plan over the nexi severai anonths. Tae 13udget Committee as an the process of its budget hearings, and actioai will specd up on the Congessioul budget process next month. ne Senate vrnll follow the Hoiase. The neastthree weeks should result an oiar contactmg the Congressional leaders }isced above, letders 1`ram Va andl DO'I' staff contacts in Washkgton. V4Te veil] need to be kept closely informed of the status of the appIica4ion, and any probleffis (due to DOT regialation.s or otherwise) that arise. Aga" submission mfthe application in as short a time as possible, and rts submission to Washington by DOT, should be a priorii9.yy. We will theu bave to follow iap ag the budget/recission process unfoflds to make sure ttiat fiuther transgortation fund'mg is not'targeted or ifit is, that Vail's 02/14/95 TUE 13:04 FA% 202 544 1465 LIZ ROBBINS ASSOCIATES Z003 . , ~ fwlding is not included. We cannot predict when the "safe zone" - completion ofthe FY 96 bu.dget and FY 95 recissians will come, but we anticipate no more than a few months of work to be in a position ta step down our efforts. <