Loading...
HomeMy WebLinkAbout1996-12-10 Support Documentation Town Council Work Session VAIL TOVVN COUNCIL WORK SESSION 1'UESDAY, DECEMBER 10, 1996 12:00 P.M. AT EVERGREEN LODGE PR1VA YE/DINlNG ROOfiH IN CAFE COl.ORADO AGENDA RlOTE: Times of items a`°e approximate, subject to change, and cannot be refied upon to determine at what time Councit will consider an item. 1. PEC/DRB Report. (15 mins.) 2. Brief overview by staff on our research into timesharing. (15 mins.) George Ruther ACTION REQUESTED OF COUNCIL: No action is necessary. BACKGROUND RATIONALE: On December 17, 1996, the Council will be reviewing Ordinance No. 22, Series of 1996, an orciinance amending the Town of Vail Municipal Code to allow timeshare estafe units, timeshare license units, and frac~ional fee units as conditional uses in the Public Accommodation zone distriet. Staff believed it would be helpful to provide background information on timesharing to the Council prior to the review of Ordinance No. 22, Series of 1996. STAFF RECOMMENDATION: As this is a work session, staff wiil not be providing a recommendation at this time. 3. Information Update. (10 mins.) 4. Council Reports. (10 mins.) 5. Other, (10 mins.) 6. Community Collaboration FoUow-Up ta Support TOV Critical Goals with 9:00 P.M. Kezziah Watkins. (4 hrs.) IElIOVE TO ARIZONA ROOM 7. Execu±ive Session (3 hrs.) . 5:00 P.M. 8. Adjournment - 8:00 p.m. IdOTE UPCOMIRlG MFETiNG STAfd T'ftMES $ELO~,T&: (P,LL TIMES ARE APPROXIMRTE AND SUBJECT TO CHANGE) TN~ ~FXTVA~L'l dWN COUNCII. .SPUCpA.P, W0RIK SLSSCOH F UALL BE ON Tu~~~AY, ~~~1171%, ~~gL,,~L4cN~ ~aj:~je~~ c~~ I-c~V COt~c~CeL cWAm~~as. - THE rOLLGOIVGNG VA1L T(,~WN GOUNCIL REGL?P-Af~ ~~GRK SESSGON VILL K~~:~t~~i GN ro'~_W- GKAW`~ T"L NE}L`r Vi'A1L Y'OViOfV COUNCRL. REGEIU,R tiVV_f+iAWG MEE°li'1N.'`a WRP __.SF 0N ~d,~F~nA~('1'.8/97/~E;i ~ /`~IFF4~AFIf° A91 ~ ",r, ev ha e•,~,.~v ~ 6 ~ki .>.nan,ryr 6wN P" , . . . . I. I..~ ~ ~ Sign language interpretation available upon request with 24 hnur iic;+ificaiion. Pieqse call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.WS Agenda last revised 12/10/96 9am PLANNING AND ENVIRONMENTAL COMMISSION Monday, December 9, 1996 FINAL AGENDA Project Orientation / Lunch - Community Development Department 12:30 pm MEMBERS PRESENT MEMBERS ABSENT Greg Moffet Greg Amsden Greg Amsden (4:15pm - 5:15pm) Henry Pratt Galen Aasland Gene Uselton Diane Golden John Schofield Site Visits 1:15 pm 1. Flaum - 1521 and 1631 Buffehr Creek Road. 2. Austria Haus - 242 East Meadow Drive. > a~. ~ ~MJ~d4',1 ~~:ei' ..:s n Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30p.m. Public Hearina - Town Council Chambers 2:00 p.m. 1. A request for a worksession to discuss an amendment to Section 16.20.020, and to add Section 16.04.065 to the Sign Code to allow for and define electronic signs as Public Information Signs. Applicant: Vail Associates, Inc. represented by Joe Macy. Planner: Dirk Mason MOTION: Gene Uselton SECOND: Henry Pratt VOTE: 7-0 TABLED UNTIL JANUARY 13,1997 2. A request for a worksession to discuss establishing a new Special Development District, located at 1521 and 1631 Buffehr Creek Road/Lots 3& 4, The Valley, Phase V. Applicant: Jim and Ronna Flaum Planner: Dominic Mauriello WORKSESSION - NO VOTE Agenda last revised 12/10l96 9am 3. A request for a worksession to discuss establishing a Special Development District overlay to the Austria Haus, located at 242 East Meadow Drive/ on part of Tract C, Vail Village First Filing. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther WORKSESSION - NO VOTE 4. A request for a major subdivision of Lot P-2, located on Lot P-2, Vail Village First Filing. Applicant: P-2 Association, represented by Art Abplanalp Planner: George Ruther MOTION: Gene Uselton SECOND: Henry Pratt VOTE: 7-0 APPROVED WITH NO CONDITIONS 5. A request to amend Sections 18.27.030, 18.29.030, and 18.30.030 of the Zoning Code to allow van storage/transportation related businesses in the Commercial Core 3, Arterial Business, and Heavy Service Zone Districts as a conditional use and add Sections 18.04.415 and 18.04.385 providing definitions for vehicle storage yard and iransportation business. Applicant: Town of Vail Planner: Dominic Mauriello TABLED UNTIL DECEMBER 16,1996 6. A request to amend the Gerald R. Ford Park Master Plan and adopt the Gerald R. Ford Park Management Plan. Applicant: Town of Vail, represented by Larry Grafel, Pam Brandmeyer, Todd Oppenheimer, George Ruther. TABLED UNTIL DECEMBER 16,1996 7. A request for a conditional use permit utilizing the 250 Ordinance, to allow for a Type II EHU, located at 186 Forest Road/Lot 9, Block 7, Vail Village 1 st Filing. Applicant: Mike Flannery Planner: Dirk Mason TABLED UNTIL JANUARY 13, 1997 7. tnformation Update: 8. Approval of November 11, 1996 PEC minutes and November 25, 1996 PEC minutes. TABLED UNTIL DECEMBER 16,1996 The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office Iocated at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Agcncia last reviscd 12/3/96 am PLANNING AND ENVIRONMENTA4 COMMISSION Monday, December 9, 1996 • AGENDA Project Orientation / Lunch - Community Development Department 12:30 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits 1:15 pm 1. Ftaum - 1521 and 1631 Buffehr Creek Road. 2. Austria Haus - 242 East Meadow Drive. Driver: George . •.Y:r!S.Ki:i:, id,-~i~b:'-.' NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30p.m. 1. A request for a worksession to discuss an amendment to Section 16.20.020, and to add Section 16.04.065 to the Sign Code to allow for and define electronic signs as Public {nformation Signs. Applicant: Vail Associates, Inc. represented by Joe Macy. Planner: Dirk Mason 2. A request for a worksession to discuss establishing a new Special Development District, located at 1521 and 1631 Buffehr Creek Road/Lots 3& 4, The Valley, Phase V. Applicant: Jim and Ronna Flaum Planner: Dominic Mauriello 3. A request for a worksession to discuss estabfishing a Special Development District overlay to the Austria Haus, located at 242 East Meadow Drive/ on part of Tract C, Vail Vilfage First Fiiing. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther 4. A request for a major subdivision of Lot P-2, located on Lot P-2, Vail Village First Filing. Applicant: P-2 Association, represented by Art Abplanalp Planner: George Ruther Agcnda last revised 123/96 am 5. A request for a conditional use permit utilizing the 250 Ordinance, to allow for a Type II EHU, located at 186 Forest Road/Lot 9, Block 7, Vail Village 1 st Filing. Applicant: Mike Flannery Planner: Dirk Mason TABLED UNTIL JANUARY 13,1997 6. A request to amend Sections 18.27.030, 18.29.030, and 18.30.030 of the Zoning Code to allow van storage/transportation related businesses in the Commercial Core 3, Arterial Business, and Heavy Service Zone Districts as a conditional use and add Sections 18.04.415 and 18.04.385 providing definitions for vehicle storage yard and transportation business. Applicant: Town of Vail Planner: Dominic Mauriello TABLED UNTIL DECEMBER 16, 1996 7. A request to amend ihe Gerald R. Ford Park Master Plan and adopt the Gerald R. Ford Park Management Plan. Appticant: Town of Vail, represented by Larry Grafel, Pam Brandmeyer, Todd Oppenheimer, George Ruther. TABLED UNTlL DECEMBER 16,1996 7. Information Update: 8. Approval of November 25, 1996 minutes The applications and information about the proposals are available for public inspection during regu(ar office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign ianguage interpretation available upon requesi with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published December 6, 1996 in the Vail Trail. Agenda last revised 12/3l96 9am DESIGN REVIEW BOARD AGENDA Wednesday, December 4, 1996 3:00 P.M. PROJECT ORIENTATION / NO LUNCH - Community Development Department 1:30 MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Ted Hingst Brent Alm Greg Amsden Mike Arnett SITE VISITS - 2:15 1. Mayer - 796 Potato Patch Drive Driver: Dominic PUBLIC HEARING - TOWN COUNC[G CHAMBERS 3:00 1. Simba Run - Rcvicw of proposed skylights Dominic 1 100 N. Frontagc Road/SDD #5, Simba Bun Applicant: Simba Run Condominium Assoc., rcprescntcd by Lynn Fritzlcn MOTION: Brcnt Alm SECOND: Clark Brittain VOTE: 3-0 TABLED to December 18, 1996 2. Mayer - New primary/secondary residence Tammie 796 Potato Patch Drive/Lot 9, Block l, Vail Potato Patch Applicant: Ray Mayer, represented by Steve Riden MOTION: Brent Alm SECOND: Clark Brittain VOTE: 3-0 APPROVED with one condition - roof material shall be west tile Beaver Creek blend. 3. The Vail Village Club - Changes to approved colors, windows and landscape irrigation. Dominic 298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1 st Filing Applicant: The Vail Village Club, represented by Glenn Heelan MOTION: Brent Alm SECOND: Clark Brittain VOTE: 3-0 CONSENT APPROVED 1 4. Red Sandstone - Thc establishment of a Special Development District to allow for Andy the devclopmcnt of 17 EHU's, located on an unplatted parcel on a portion of Parcel A and part of Block D, Lionsridge Filing # 1. Applicants: Eagle River Water and Sanitation District, the U.S. Forest Service and thc Town of Vail MOT10N: Brcnt Alm SECOND: Clark Brittain VOTE: 3-0 TABLED 5. Conceptual Review of the Roundabout International Flag Layout. Applicant: Vail Valley Foundation, represented by Jim Morter Planncr: Georgc Ruther MOTION: SECOND: VOTE: NO ACTION 6. Gensler - Four new triplcx structures locatcd at 1894 Lionsridge Loop, Lot 27, Block 2, Lionsridge 3 rd. Applicant: Stevc Gcnslcr Planncr: Gcorge Ruther MOTION: Clark Brittain SECOND: Brent Alm VOTE: 3-0 APPROVED with 2 conditions - 1. If dumpster is proposed, it must be enclosed and covered. 2. Landscape material behind Units 1, 2 and 3 be increased in size. All evergreens must be 12' tall and all aspens must be 2-1/2" to 3" caliper. Staff Approvals The applications and infortnation about the proposals ace available for public inspection during regular officc hours in the project planner's off ce, located at the Town of Vail Community Devclopment Depaitment, 75 South Frontage Road. Sigm language inte?pretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for in foi-ination. 2 ~ MEMORANDUM TO: Vail Town Council FROM: Community Development Deparlment DATE: December 10, 1996 SUBJECT: Proposed time-sharing amendment background and overview (For Information Only/ No Action Required) " - 1. BACKGROUND On September 23, 1996, Gordon Pierce, representing the Sonnenalp Properties, Inc., submitted an application to amend the Town of Vail Municipal Code. The applicant proposes to amend Section 18.22.030, Conditional Uses, to allow "time-share estate units, fractional fee units and time-share license units" as conditional uses in the Public Accommodation Zone District. A time- share estate unit, fractional fee unit or time-share license unit would be allowed subject to the issuance of a conditional use permit, pursuant to the provisions of Chapter 18.60 of the Municipal Code. On November 25, 1996, the Planning and Environmental Commission voted (6-0) to recommend approval of the applicant's request to amend Section 18.22.030 of the Municipal Code. A more detailed summary of the Planning and Environmental Commission's actions will be provided at the Council worksession scheduled for December 17, 1996. The purpose of today's discussion is to provide the Council with a brief overview of the time-share industry prior to the review of Ordinance #22, Series of 1996, on December 17, 1996. The materials attached are intended to provide the Council with a basic understanding of the many issues the staff has wrestled with over the past several months. II AN OVERVIEW What is Time-sharing? Time-sharing is the multiple ownership and use of real propcrty. Thc time-sharing concept enables consumers to purchase, either on a fee simplc basis or under a right-to-use contract, the amount of time they desire in a resort community, generally in wcekly increments for a period of years. Fee simnle time-sharing resembles traditional real estate ownership with the additional division of ownership. Right-to-use time-shar•inQ is generally associated with vacation leases or club membcrship in a particular property and lacks the fragmenting of the title to the property. Whn purchases a time-share? Research completed in 1995 by Ragatz Associates (Timeshare purchasers: Who thev are, Whv thev buv) indicates major changes in the time-sharing industry since its inception in the early 4 ~ 1970's. The 1995 Report, based on almost 2,400 randomly sampied tiine-share owner's responses, provides the following information: * The average household income of a time-share owner is $63,000. * The average age of a time-share owner is 51. * 86.5% of all time-share owners are couples. * Compared to all households in the United States, time-share owners have higher incomes, are older and have a higher level of formal education. How i.s Time-sharing regulated in Yail? 1n the 1980's, in response to the emergence of time-sharing in the Vail Valley and lack of State legislation, the Vail Town Council adopted four ordinances intended to regulate time-share projects in Vail. A summary of each of the ordinances is included in Section III, of the memorandum to the Planning and Environmental Commission dated November 11, 1996. Do other mountain resort communities regulate time-sharing? Yes, other mountain resort communities regulate time-sharing. Recent discussions with the City Attorney and Special Projects Planner from Park City, Utah revealed that Park City, for example, regulates many aspects of time-share project. 7he issue of time-sharing in Park City arose most recently when developers proposed the construction of the Deer Valley Club (vacation ownership club) and Marriot's Summit Watch Resort (time-share estate). A copy of Park City's regulation governing time-share is attached. Staff is also aware of new time-share projects currently under construction and nearing completion in Telluride and Steamboat Springs. Staff is awaiting copies of zoning regulations from Telluride and Stcamboat Springs to better understand how time-share projects are regulated in each of these communities. Copies of the regulations will be forwarded to the Council. Why has time-sharing beeome popular again? One reason might be due to the cost of development in resort communities. In a period of rising land costs and lenders requiring greater financial participation from developers before providing permanent financing, time-sharing is considered an effective vehicle for funding hotel-type development. Time-sharing is not to be considered a perfect solution to financial difficulties, but it does provide a new range of options for developers in resort communities. A second reason for an increase in the popularity of time-sharing might be due to the attractiveness of the product to consumers. Research indicates that one reason consumers avoid purchasing vacation property is due to the high real estate costs associated with resort markets. A time-share interest allows an individual to purchase vacation property at a fraction of the cost of fee-simple ownership. lIl SUMMARY Again, the purpose of today's discussion is to provide the Council with some background information on the time-sharing issue prior to the review of Ordinance #22 on December 17, 1996. . . MEMORANDUM F17 ~_Ad v "0 d r TO: Planning and Environmental Commission - FROM: Department of Community Development DATE: October 28, 1996 SUBJECT: A worksession to discuss a request to amend Section 18.26.040, Conditional Uses, of the Vail Municipal Code to add "time-share estate units, fractional fee units and time-share license units" as a conditional use the Commercial Core 2 Zone District. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The applicant, Sonnenalp Properties, Inc., represented by Gordon Pierce, is requesting a worksession to discuss amending the Town of Vail Municipal Code. The applicant is proposing that Section 18.26.040 of the Municipal Code be amended to allow time-share estate units, fractional fee units and time-share license units as conditional uses in the Commercial Core 2 Zone District. In general, the areas of Town most affected by the proposed amendment include Lionshead and the Village Center Building, as each of these areas is zoned Commercial Core 2. The time-share estate units, fractional fee units and time-share license units would be allowed subject to the issuance of a conditional use permit, pursuant to the provisions of Chapter 18.60 of the Municipal Code. II. BACKGROUND The applicanYs request relates to a future proposal to redevelop the Austria Haus property. The Austria Haus is located at 242 East Meadow Drive. The Austria Haus was originally constructed in the mid-1960's as an inn to accommodate destination skiers. In 1979, the Austria Haus was purchased by the Faessler family who planned to redevelop the property into the Sonnenalp Hotel. In 1984, Ordinance #8 was approved by the Vail Town Council establishing Special Development District #12. Special Development District #12 adopted an approved development plan for the redevelopment of the Austria Haus. The approved development plan was never implemented, and instead, the Austria Haus underwent a remodel. Since the completion of the remodel, the Austria Haus has served as an annex to the Sonnenalp Bavaria Haus located at 20 Vail Road. The Austria Haus has 37 hotel rooms (accommodation units) with approximately "75 pillows" and is operated approximately eight months each year by the Sonnenalp Hotel. There is a small restaurant and bar in the Austria Haus that serves its guests and a retail outlet on the east end of the building. The hotel rooms are marginal in size ( 300 sq. ft. average) and lack certain amenities, by today's accommodation standards. 1 4 The current proposal to redevelop the property intends to provide considerably more "pillows" over a finrelve month period, as well as create approximately 10,000 square feet of new commercial space. The applicant has proposed that a percentage of the project be offered as timeshare interval ownership units. The applicant has also proposed to accommodate a portion of the required parking and loading/delivery in an underground parking structure. According to the Official Zoning Map of the Town of Vail, the applicanYs property is currently zoned Public Accommodation. The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi- public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may be locate.d in the same district. The Public Accommodation District is intended to provide sites for lodging units to densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District does not permit time-share interval units. Interval ownership is currently allowed only in the High Density Multi-Family Zone District pursuant to Ordinance #8, Series of 1981. There is no vacant property in the High Density Multi- Family Zone District. All properties currently zoned High Density Multi-Family are developed. In order for a time-sharing project to be constructed in the High Density Multi-Family Zone District, a developer would either have to convert an existing condominium or hotel project, or undergo an . entire redevelopment of the property. A third possibls alternative for the construction of a time- sharing project in the Town of Vail, would be to rezone an existing parcel of property from its current zoning to High Density Multi-Family Chapter 18.04 of the municipal code provides definitions of time-share estate units, fractional fee units and time-share license units. According to Sections 18.04.420, 18.04.430 and 18.04.440, time-share estate units, fractional fee units and time-share license units are defined as follows: Time-share estate units: Means either an interval estate or a timespan estate. A timespan estate is a combination of an undivided interest in a present estate in fee simple in a unit, the magnitude of the interest having been established by the time of the creation of the timespan estate either by the project instruments or by the deed conveying the timespan estate; and an exclusive right to possession and occupancy of the unit during an annually recurring period of time defined and established by a recorded schedule set forth or referred to in the deed conveying the timespan estate. Additionally, an interval estate is an estate for four years terminating on a date certain, during which years titled to a timeshare unit circulates among the interval owners in accordance with a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus established recurring annually until the arrival of the date certain. Fractional fee units: Is defined as a tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded allowing for the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if said agreement continues to be in any way binding or affective upon any co-tenant for the sate of any interest in the property. 2 ~ Time-share license units: Shall be defined as a contractual right to exclusive occupancy of - specified premises.. Provided that the occupancy of the premise is divided into five or more separate time periods extending over a term of more than two years. The premises may consist of one parcel, unit or dwelling, or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of interval estate, timeshare or timespan estate. III. HISTORY OF TIME-SHARING IN VAIL The State of Colorado has adopted regulations regulating the sale of time-shares. For the most part, the regulations adopted by the State of Colorado are concerned with financial disclosures, regulation of sales practices and disclosures, regulation of sales practices and classification of time-sharing as a subdivision of property. The regulations adopted by the State of Colorado are intended more to protect the consumer, than as regulations designed to have impacts on the community level. The State has granted the authority for local governments to adopt ordinances intended to protect the health, safety, and general welfare of the community, which includes time- share projects. On July 15, 1980, the Vail Town Council adopted five ordinances to regulate time-sharing projects in the Town of Vail. A summary of each of the ordinances is listed below: • Ordinance # 25, Series of 1980, an ordinance amending Chapter 17 (Subdivision Regulations) of the Town of Vail Municipal Code, providing a new definition for the term subdivision; and setting forth prohibited and unlawful acts and remedies for violations of this ordinance, and amending the procedure for appealing a decision of the Planning and Environmental Commission to the Town Council. In the opinion of the then Vail Town Council, the present subdivision regulations were not sufficient to deal with the problem presented by time-sharing projects and therefore, the procedure for subdividing property associated with time-sharing projects should be amended. Ordinance #25 further went on to require that time-sharing projects go through the subdivision review process. Prior to the adoption of Ordinance #25, Series of 1980, the Town of Vail did not have any regulations requiring that time-sharing projects be reviewed through the subdivision process. • Ordinance # 26,,Series of 1980, providing for the addition of new conditional uses in certain zone districts. Ordinance #26 was established to protect the balance between accommodations for visitors to the Town, Vail residents and seasonal employees from the unregulated development of time-sharing projects. It was the opinion of the then Vail Town Council that the zoning regulations in place in 1980 did not sufficiently address the problems presented by time-sharing. The ordinance amended Title 18 of the Municipal Code allowing time-share estate units, fractional fee units and time-share license units in the High Density Multi-Family, Public Accommodation, Commercial Core 1 and Commercial Core 2 Zone Districts, subject to the issuance of a conditional use permit. • Ordinance # 27, Series of 1980, an ordinance providing for certain disclosure requirements for time-sharing projects; providing for public offering statements and setting forth requirements for such offering statements: for the escrowing of deposits or reservations of a time-share unit; and setting forth remedies for violations of said ordinance. According to the minutes of the July 15, 1980 Vail Town Council meeting, the 3 Council had determined that the health, safety and welfare of the inhabitants of the Town of Vail would best be served by requiring the disclosure of certain facts and information relating to time-sharing projects, and to the perspective purchasers of time-share units. The amendment established disclosure requirements when offering time-share project sales and established a minimum amount of information that the developer must disciose in a public offering statement. ' • Ordinance # 28, Series of 1980, an ordinance providing for registration of time-share projects with the Department of Community Development of the Town of Vail; the requirements for applications for registration of said units; remedies for violation of this . ordinance and standards for the revocation of such registration. The Vail Town Council adopted Ordinance # 28 resolving that the Council had determined that the existing ordinances and regulations of the Town were insufficient to cope with the problems presented by time-sharing and that the registration of time-sharing units is necessary to protect and preserve the public health, safety and welfare of the inhabitants of the community. • Ordinance # 29, Series of 1980, an ordinance defining time-share broker and time-share salesman: providing that any person, firm, partnership, association or corporation that engages in the business or capacity of time-share broker or time-share salesman, must obtain a license from the Town Clerk; setting forth the requirements for the application for such license; providing for the display of such license, license fees and setting forth standards and procedures for the suspension or revocation of such license. Similar to the other ordinances relating to time-sharing projects in the Town of Vail, the then Town Council found that these additional regulations were deemed necessary to protect and preserve the health, safety and welfare of the inhabitants of the Town of Vail and that time-share brokers and time-share salesman be licensed by the Town of Vail. • On February 3, 1981, the Vail Town Council adopted Ordinance #8, Series of 1981, amending Ordinance #26, Series of 1980, providing for the removal of time-sharing from the conditional use section of the Public Accommodation, Commercial Core 1 and Commercial Core 2 Zone Districts. It was the then Vail Town Council's opinion that permitting the conversion and development of time-sharing projects in said zone districts would upset the balance between accommodations for visitors, Vail residents and seasonal employees and that the amendment was necessary to protect the health, safety and welfare of the inhabitants of the community. IV. CONFORMITY WRH THE TOWN'S RELEVANT PLANNING DOCUMENTS In considering the proposed text amendment to the Zoning Code, to allow time-share in Commercial Core 2 as a conditiona( use, staff reviewed several relevant planning documents. Specifically, staff reviewed the Municipal Code, the Goals and Objectives stated in the Vail Land Use Plan and the Vail Village Master Plan. VAIL MUNICIPAL CODE Section 18.26.010 of the Vail Municipal Code, identifies the purpose of the Commercial Core 2 Zone District. According to the purpose statement, "The Commercial Core 2 Zone District is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations is intended to insure 4 adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards. (Ordinance 21(1980) (2) (Part).)„ VAIL LAND USE PLAN Chapter II of the Vail Land Use Plan identifies goals and policies for tand use within the Town of Vail. The goals articulated by the Vail Land Use Plan reflect the desires of the citizenry. The goals are to be used as adopted policy guidelines in the review process for new development proposals. Staff has identified the following goals (listed below), as being relevant to the applicant's proposal: 1. General Growth / Development 1_1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1_4 The original theme of the old Village core should be carried into new development in the Village core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier / Tourist Concerns 2_1 The community should emphasize its role as a destination resort while accommodating day skiers. 2_2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2_4 The community should improve summer recreational and cuttural opportunities to encourage summer tourism. 3. Commercial 3_1 The hotel bedbase should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of destination skiers. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5 4. Village Core / Lionshead 4_2 Increased density in the core areas is acceptabie so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Viltage Master Plan. 5. Residential 5. Quality iime-share units shou/d be accommodated to help keep occupancy rates up. 6. Additional goals related to other elements of the comprehensive plan. Economic Development The Town of Vail should consider developing some type of inechanism to control tenant mix, so that a balance between tourist and convenient type of commercial uses is maintained. VAIL VILLAGE MASTER PLAN: On January 16, 1990, the Vail Town Council adopted the Vail Village Master Plan. The plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in the Vail Village area and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, the Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. For the citizens and guests of Vail, the Master Plan provides a ctearly defined set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan it underscores the importance of the relationship between the built environment and public spaces. The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outlines specific steps that can be taken towards achieving each stated goal. Policy statements have been developed to guide the Town's decision making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 6 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The Zoning Code and development review criteria shall be consistent with the overa!l goals and objectives of the Vail Village Master Plan. ' 2.3 Objective: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 Policy: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. V. PROPOSED TEXT CHANGES As stated previously, the applicant is proposing to add "time-share estate units, fractional fee units and time-share license units" as conditional uses to Section 18.26.040, Conditional Uses- Generally. These uses would be subject to the issuance of a conditional use permit. The proposed changes are shown as SW4160 below: Chapter 18.26 Commercial Core 2 18.26.040 Conditional uses-Generally The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Ski lifts and tows; B. Public utility and public service uses; C. Public buildings, grounds, and facilities; D. Public park and recreation facilities; E. Theaters, meeting rooms and convention faciiities; F. Coin-operated laundries; 7 _ _ G. Commercial storage-as long as it is at basement level and does not have any exterior frontage on any public way, street, walkway or mall area; H. Bed and breakfast as further regulated by Section 18.58.310. 1. Television stations-as long as the production room/studio is visible from the street or pedestrian mall and that the television station be "cable-casY' only, requiring no additional antennas. '~'tine-st~are.gs~tes ur~~4 ~~~l ~~e .ur~fis.~r~l A~~~ Mi.: (Ord.23(1990) § 1: Ord. 31(1989) § 9: Ord. 21(1983) § 1: Ord. 8(1981) § 2(part): Ord. 50(1978) § 8: Ord. 8(1973) § 9.400.) VI. DISCU SION ISSUES As this a worksession to discuss the applicant's proposal, staff will not evaluate the proposaf at this time. Staff has, however, identified issues which we would like to discuss with the Planning and Environmental Commission and the applicant. Each of the issues is described below. 1. PROPERTY MAINTENANCE ISSUES. The cost of maintenance may be higher on a time-sharing project than on wholly-owned units in . a condominium building. It has been reported that furniture, carpeting, appliances and other furnishings must be replaced more often in time-sharing units. This is especially applicable to time-share units which are sold on shorter intervals. The implication is that a higher level of maintenance and management services must be available on an on-going basis for time-sharing projects to insure a high level of quality. In addition to the additional needs for maintenance on time-sharing projects, ihere is also a need to reserve adequate time when maintenance can occur. Problems potentially occur, when time- share intervals are sold on a one week basis. By selling fifty-two (52), one week intervals during the year, there is little or no time for the proper maintenance of a time-share project. Staff would like to discuss with the Planning and Environmental Commission and the applicant, how time-shares in the Town of Vail could be regulated to insure adequate and proper maintenance of the project. 2. AVAILABILITY OF LOCK-OFF UNITS IN A MANAGED RENTAL PROGRAM, Time-share units can be designed to accommodate lock-off units. Staff would recommend that lock-off units be required as a part of every individual time-share unit. Additionally, staff recommends that each lock-off unit be managed through a rental program when not in use. Staff feels that by providing lock-off units, and managing the availability of the lock-off units in a rental program when not in use, can significantly increase the availability of accommodation units in the Town of Vail. While lock-off units provide the community benefit of additional "pillows," they also provide an additional return on an investment opportunity for time-share owners. If a time-share owner purchases an interest in a multiple bedroom unit, and does not desire to utilize all the bedrooms, they can then have the opportunity of returning the unused bedrooms (lock-offs) to a rental program. 8 3. MINIMUM NUMBER OF BEDROOMS AND SOUARE FOOTAGE REOUIREMENTS FOR ALL LOCK-OFF UNITS ASSOCIATED WITH TIME-SHARE UNITS. In discussing the development of time-share units, staff thought it was important that any time- share unit proposed in the Town of Vail be a multiple bedroom unit with a minimum square footage requirement. Staff's desire to see multiple bedroom time-share units with a minimum square footage requirement increases the availability of lock-off accommodation-type units, thus increasing the Town's bed base. 4. RATIO OF TIME-SHARE UNITS TO ACCOMMODATION UNITS / LOCK-OFFS. The availability of accommodation units has always been a goal of the community. The Commercial Core 2 Zone District encourages either, by right, or subject to the issuance of a conditional use permit, the construction of accommodation units. Accommodation units are allowed uses on all floor levels in the Commercial Core 2 Zone District, with the exception of the garden level. Staff would like to discuss with the Planning and Environmental Commission the merits of requiring a ratio of accommodation units/lodc-off units 12 time-share units. Specifically, staff is recommending that there be a ratio of accommodation units/lodc-off units IQ time-share units established. This would insure that accommodation-type units would remain available to visitors of the Town of Vail and not become only time-share units. 5. REQUIREMENT THAT ALL TIME-SHARE UNITS BE OFFERED THROUGH A RENTAL PROGRAM WHEN NOT IN USE. Like unused lock-off units, staff believes that unused time-share units should be offered and made available through a rental program. Specifically, staff would like to discuss the merits of requiring that all time-share units, when not in use, be made available to the general public. Again, this requirement helps attain the goal of maintaining a strong bed base whenever . possible. A true community benefit can be realized through the additional availability of units, and again, the developer or managing agent of a time-share project realizes additional profits through the rental of time-share units as overnight accommodations. 6. THE CONVERSION OF THE 37 EXISTING ACCOMMODATION UNITS AT THE AUSTRIA HAUS TO 20 TIME-SHARE UNITS / LOCK-OFF UNITS AND 23 ACCOMMODATION UNITS. There are currently 37 accommodation units within the AuStria Haus. At this time, the developer is proposing to redevelop the Austria Haus to possibly include 20 time-share units sold on an interval basis, with 20 attached one-bedroom lock-off units and an additional 23 hotel-type accommodation units. Staff would like to discuss the impacts associated with the reduction in accommodation units currently existing on the Austria Haus property. While it is possible that 43 of the units in the new Austria Haus could be utilized as accommodation units (includes lock-off units), it is very unlikely that all 20 lock-off units would be made available. The staff is concerned as to whether this results in a negative impact that should be mitigated by the developer of the time-share project. 9 7. THE CONVERSION OF EXISTING WHOLLY-OWNED CONDOMINIUMS TO TIMESHARE OWNERSHIP. Other resort communities in the country have experienced the conversion of wholly-owned condominium projects to time-share ownership. For example, in the state of Hawaii, numerous wholly-owned condominium projects have been converted into interval ownership. In Hawaii, as a result of the conversion of wholly-owned condominium projects into time-share ownership, local ordinances have been adopted requiring 100% of the condominium owners approve of the proposed conversion to time-share units. This does two things. First, it insures that 100% of the condominium ownership agrees to the conversion of any or all of the condominium units to time- share units. Numerous examples of conflicts arising between wholly-owned and time-share interval ownership have been documented. Specifically, the more intensive vacationing-type of use of time-share ownership may conflict with the more residential condominium uses. Conflicts arise out of complaints concerning long hours of "partying, noise and disregard for the quality of the premises. Secondly, conflicts have arisen over the management and maintenance of the property. While time-share owners have a sense of ownership and pride in the property they purchased, they may not be as heavily tied to their investment as a condominium owner. Therefore, conflicts resulting from management and quality upkeep of property result. 8. INTEGRATION OF TIMESHARE OWNERSHIP WITH WHOLLY-OWNED CONDOMINIIJMS. As discussed above, the integration of time-share ownership with wholly-owned condominiums can result in conflicts of use. As mentioned earlier, the type of use associated with time-share combined in close proximity with less intensively used, wholly-owned condominiums, may not be desirable and could possibly pose problems. Again, time-sharing is a vacation-type of use, whereas condominiums are usually a residential use, or at least, less intensive vacation-type of use. Again, staff would like to discuss with the Planning and Environmental Commission and the applicant, the potential negative impacts associated with the integration of time-share ownership and wholly-owned condominiums. 9. MANAGEMENT OF TIMESHARE PROJECTS. The management of a quality time-share project is closely related to the high level of maintenance required for time share. It is in the best interest of the community to insure that time-share projects are maintained at a high level and in a professional manner. In staff's opinion, this is most easily accomplished through quality, long-term management of the entire project: A high quality management program is necessary as the large number of interval owners involved in a single, time-share project can be extensive. Without proper management, the overwhelming number of owners of the property could result in future conflicts. Discussions with a branch broker of a local time-share project, indicate that the most common form of management of interval ownership projects is a form of Board of Directors. The Board of Directors functions very similar to a Homeowner's Association or Condominium Association. The Board, in most instances, is aided by a management company to help in the maintenance and management of day-to-day operations. As with any association governed by a Board of Directors, the Directors are efected or appointed by the ownership and represent and are responsible to the ownership as a whole. The Board of Directors would be responsible for the overall maintenance and management decisions of the time-share project. 10 Staff recommends that in the case of the Austria Haus specifically, the applicant discuss their proposed management scheme for the project. In the case of a project like the proposed Austria Haus, there would be a mixture of accommodation units and time-share uniis. A Board of Directors or management agency needs to be responsible for the management of both the accommodation units and the time-share units. Staff believes that conflicts arise when the management of the time-share units differ from the management of the accommodation units. 11. POSSIBLE POSITIVE AND NEGATIVE IMPACTS OF TIME SHARE OWNERSHIP IN THE TOWN OF VAIL. Positive Impacts of Time-Sharing: • Activity during the "shoulder seasons" tends to increase due to an increase in year-round occupancy. • The attraction of revenue-generating tourists. • Efficient utilization of resources. This is the "warrn beds" concept. • More pride of ownership with timeshare units than with accommodation units. • Increased levels of occupancy. • Increased resort exposure due to the extensive number of intervai owners. Negative Impacts of Time-Sharing: • Some resort areas have experienced poor, distasteful sales practices of sales agents trying to sell time-share weeks. Because of the number of buyers needed to sell out a project, an intensive and costly sales program must be developed. The problems associated with sales generally comes in the area of solicitation of saies on streets, at the ski base areas, shopping malls, and the use of high-pressure sales tactics. • Possible conflicts between wholly-owned condominium owners and time-share interval owners. • Possible loss of true accommodation units. • Possible difficulty in collection of property taxes due to the extensive number of owners. Sources Report: Results of Research on Time-Sharing Re ulations, P. Patten, Comm. Dev. Dept., 1980 The 1995 Worldwide Resort Time-Share Industry Time-Share Ownership Benefits: Resu/ts from a Nationwide Survey of Time-Share Owners, 1995 VII. STAFF RECOMMENDATION Since this is a worksession to discuss the proposed text amendments to Section 18.26.040 of the Municipal Code, and not a request for a formal recommendation from the Planning Commission to the Town Council, staff will not be providing a recommendation at this time. Staff will, however, provide a recommendation on the applicant's proposal at the time of final review. Currently, the applicant is scheduled to reappear before the Planning and Environmental Commission for final review on Monday, November 11, 1996. 11 ~ APPENDIX A - The information in Appendix A is derived from timeshare industry materials submitted by the applicant to the Community Development Department. The information is intended to provide a basic understanding of the socio-economic impacts of the timeshare industry as reported by the American Resort Development Association (ARDA). Complete copies of the source materials have been attached for reference. • A recent study which examined industry performance from 1980-1994 revealed that sales in 1994 reflected an increase of 870% over the $490 million in world-wide sales reported in 1980. In addition, the 560,000 vacation intervals sold in 1994, reflected a jump of 460% over the interval sales reported in 1980, which were approximately 100,000. At year end 1994, roughly 4.9 million vacation intervals had been purchased since 1980, resulting in sales volume of over $36 billion during the 15-year period. • The U.S. is the leader in the worldwide vacation ownership resort market, with 1,546, or 37.3%, of the resorts, 1,538,000 or 48.9%, of the "owners owning in the area," and 1,648,000, or 52.4% of the owners of the "owners residing in the area." • A recent study revealed that 75.3% of the U.S. vacation owners are satisfied with their vacation purchases, with 76.6% of study participants responding that their expectations at the time of purchase have been "matched or exceeded," and 75.4% reporting that they recommend vacation ownership to others. Of the more than 2,000 owners surveyed, 67.5% responded that vacation ownership has had a positive impact on their lives. • Most important among the motivation factors sited by the owners surveyed in their decision to purchase vacations were the high standards of the resorts at which they own and exchange, followed by the flexibility offered through vacation exchange opportunities, and the value of vacation ownership. Of those surveyed, 83.1 % responded that the "certainty of qualiry accommodations" was a"very importanY' factor in their vacation ownership purchase. Other motivational factors included good value, location of the resort, company credibility and savings of dollars on vacation costs. • According to a February, 1995 telephone survey of 1,000 U.S. households not owning recreational property, 60.3% of the Americans believed they have a chance of purchasing recreational property of some type during the next 10 years. The survey results revealed that over 1/3 of Americans rate their chance of purchasing during the next 10 years as "about 50/50 or better," compared to 15.5% in 1990 and 25.5% in 1993. • Americans interested in purchasing recreational property prefer the standard 2-bedroom unit, sleeping 6, over any other single unit size, by more than a 2:1 margin (45.7%). • The average vacation owner has purchased 1.7 weeks of vacation ownership. Although nearly 2/3 (58.8%) of vacation owners own a single week of time-share, the number of weeks owned increases the longer the average respondent is involved with vacation ownership. • The vast majority of vacation owners (73.9%) initiaNy purchase just one interva{. However, more than 1/4 (26.1%) of those who first purchase between 1992 and 1994, now own more than one time-share interval, indicating that many first time purchasers are purchasing more than one interval at the time of initial purchase. f:\everyone\pec\memos\cc2exta.o28 12 • While in the local resort area, the average time-share visitor party spends considerably - more than the traditional traveler, averaging expenditures of $1,130.00 during the course of the entire stay. • According to more than 2,000 U.S. vacation owners surveyed in 1995, the largest single category of expenditure while in the resort area is for food and drink consumed in restaurants, bars and other hospitality establishments. • Vacation owners surveyed in 1995 average 6.9 nights in the resort area during their most recent time-share vacation. • Vacation owners often extend their stay in the local resort area, by spending additional nights in another form of accommodation. Of those surveyed in 1995, the average owner spends an additional 4.7 nights in the iocal resort area during his/her most recent time- share vacation by staying in a hotel, with friends or relatives, or elsewhere. • U.S. owners surveyed in 1994 reported that they anticipate returning to the resort where their time-share interval is located an average of 6.4 times during the next 10 years. By contrast, those same owners responded that, had they not purchased a time-share in the resort area, they would have returned to the resort area an average of only 3.2 times. • Compared to all households in the United States, vacation owners have higher incomes, are older, and have higher levels of formal education than those of the average American consumer. As an aggregate profile, the typical vacation owner is an upper middle- income, middle-age, well educated couple. • A recent study revealed that the average household income of vacation owners is over $63,000, having risen dramatically from 1978 when the average income was $23,000. Over 1/2 of all vacation owners have household incomes between $15,000 and $100,000. • 86.5% of all vacation owners are couples, and 13.5% are single individuals. . • As of December 31, 1994, 1,648,000 U.S. households owned a vacation. The top three states in terms of total number of vacation owners are California, New York and Florida. Sources: The 1995 Worldwide Resort Time-Share Indusiry Time-Share Purchasers: Who They Are. Why Thev Buy, 1995 Edition. Time-Share Ownership Benefits: Results from a Nationwide Survev of Time-Share Owners, 1995 The American Recreationa/ Property Survey: 1995 f:\everyone\pec\memos\cc2exta.028 13 TIMESHARE INFORMATION SHEET Existing Timeshare Pro- jects in Vail 1. Apollo Park 2. The Wren 3. Vail Run Existing Timeshare Projects in Eagle Countv 1. St. James Place 2. Post Montane 3. Park Plaza 4. Christie Lodge (Avon) 5. Streamside at Vail ExistingPrQjects Zoned HDMF 1. Evergreen Lodge 11. Riverhouse 2. Marriot Vail Mountain Resort 12. Edelweiss 3. Lodge at Lionshead 13. Riva Ridge North & South 4. Vail Spa 14. All Seasons 5. Solar Vail Condominiums 15. Booth Creek Townhomes 6. Vail Intemational 16. The Wren 7. Skaal House 17. Apollo Park 8. Scorpio 18. (Any SDD w/HDMF Zoning) 9. Alphorn 10. Meadow Vail Place Exisitng Projects Zoned CC2 1. Enzian/L'Ostello 8. Vantage Point 2. Antler's 9. Lion's Pride 3. Lion's Square Lodge 10. Lifthouse Lodge 4. Lion's Square North 11. Vai121 5. Montaneros 12. Lionshead Center 6. Landmark Lodge 13. Treetops Condominiums 7. West Winds Condominiums 14. Village Center Condominiums MEMORANDUM ~ - TO: PIanning and Environmental Commission FROM: Department of Community Development DATE: November 11, 1996 SUBJECT: A worksession to discuss a request to amend Section 18.22.030, Conditional Uses, of the Vail Municipal Code to add "time-share estate units, fractional fee units and time-share license units" as a conditional use in the Public Accommodation Zone District. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The applicant, Sonnenalp Properties, Inc., represented by Gordon Pierce, is requesting a . worksession to discuss amending the Town of Vail Municipal Code. The applicant is proposing that Section 18.22.030 of the Municipal Code be amended to allow time-share estate units, fractional fee units and time-share license units as conditional uses in the Public Accommodation Zone District. The time-share estate units, fractional fee units and time-share license units would be allowed subject to the issuance of a conditional use permit, pursuant to the provisions of Chapter 18.60 of the Municipal Code. The areas of Town most affected by the proposed amendment are illustrated on Attachment 1. II. BACKGROUND The applicanYs request relates to a future proposal to redevelop the Austria Haus properry. The Austria Haus is located at 242 East Meadow Drive. The Austria Haus was originally constructed in the mid-1960's as an inn to accommodate destination skiers. In 1979, the Austria Haus was purchased by the Faessler family who planned to redevelop the property into the Sonnenalp Hotel. In 1984, Ordinance #8 was approved by the Vail Town Council establishing Special Development District #12. Special Development District #12 adopted an approved development plan for the redevelopment of the Austria Haus. The approved development plan was never implemented, and has since expired, but instead, the Austria Haus underwent a remodel. Since the completion of the remodel, the Austria Haus has served as an annex to the Sonnenalp Bavaria Haus located at 20 Vail Road. The Austria Haus has 37 hotel rooms (accommodation units) with approximately "75 pillows" and is operated approximately eight months each year by the Sonnenalp Hotel. There is a small restaurant and bar in the Austria Haus that serves its guests and a retail outlet on the east end of the building. The hotel rooms are marginal in size (300 sq. ft. average) and lack certain amenities, by today's accommodation standards. 1 The current proposal to redevelop the property intends to provide considerably more "pillows" over a twelve month period, as wetl as create approximately 10,000 square feet of new commercial space. The applicant has proposed that a percentage of the project be offered as time=share interval ownership units. The appiicant has also proposed to accommodate a portion of the required parking and loading/delivery in an underground parking structure. . According to the Official Zoning Map of the Town of Vail, the applicanYs property is currently zoned Public Accommodation. The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi- public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may be located in the same district. The Public Accommodation District is intended to provide sites for lodging units to densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District does not permit time-share interval units. Interval ownership is currently allowed only in the High Density Multi-Family Zone District pursuant to Ordinance #8, Series of 1981. There is no vacant property in the High Density Mult+- Family Zone District. All properties currently zoned High Density Multi-Famiiy are developed. !n order for a time-share project to be constructed in the High Density Multi-Family Zone District, a developer would either have to convert an existing condominium or hotel project, or undergo an entire redevelopment of the property. A third possible alternative for the construction of a time- share project in the Town of Vail, would be to rezone an existing parcel of property from its current zoning to High Density Multi-Family. Chapter 18.04 of the municipal code provides definitions of time-share estate units, fractional fee units and time-share license units. According to Sections 18.04.420, 18.04.430 and 18.04.440, time-share estate units, fractional fee units and time-share license units are defined as follows: Time-share estate units: Means either an interval estate or a timespan estate. A timespan estate is a combination of an undivided interest in a present estate in fee simple in a unit, the magnitude ot the interest having been established by the time of the creation of the timespan estate either by the project instruments or by the deed conveying the timespan estate; and an exclusive right to possession and occupancy of the unit during an annually recurring period of time defined and established by a recorded schedufe set forth or referred to in the deed conveying the timespan estate. Additiona((y, an interval estate is an estate for four years terminating on a date certain, during which years titled to a timeshare unit circulates among the interval owners in accordance wiih a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus established recurring annually uniil the arrival of the date certain. Fractional fee units: Is defined as a tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded allowing for the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if said agreement continues to be in any way binding or affective upon any co-tenant for the sale of any interest in the property. 2 Time-share license units: Shall be defined as a contractual right to exclusive occupancy of specified premises. Provided that the occupancy of the premise is divided into five or more separate time periods extending over a term of more than two years. The premises may consist of one parcel, unit or dwelling, or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of interval estate, timeshare or timespan estate. 111. HISTORY OF TIME-SHARING IN VAIL The State of Colorado has adopted regulations regulating the sale of time-shares. For the most part, the regulations adopted by the State of Colorado are concerned with financial disclosures, regulation of sales practices and disclosures, regulation of sales practices and classification of time-sharing as a subdivision of property. The regulations adopted by the State of Colorado are intended more to protect the consumer, than as regulations designed to have impacts on the community level. The State has granted the authority for local governments to adopt ordinances intended to protect the health, safety, and general welfare of the community, which includes time- share projects. On July 15, 1980, the Vail Town Council adopted five ordinances to regulate time-sharing projects in the Town of Vail. A summary of each of the ordinances is listed below: • Ordinance # 25, Series of 1980, an ordinance amending Chapter 17 (Subdivision Regulations) of the Town of Vail Municipal Code, providing a new definition for the term subdivision; and setting forth prohibited and unlawful acts and remedies for violations of this ordinance, and amending the procedure for appealing a decision of the Planning and Environmental Commission to the Town Council. In the opinion of the then Vail Town Council, the present subdivision regulations were not sufficient to deal with the problem presented by time-sharing projects and therefore, the procedure for subdividing property associated with time-sharing projects should be amended. Ordinance #25 further went on to require that tirne-sharing projects go through the subdivision review process. Prior to the adoption of Ordinance #25, Series of 1980, the Town of Vail did not have any regulations requiring that time-sharing projects be reviewed through the subdivision process. • Ordinance # 26, Series of 1980, providing for the addition of new conditional uses in certain zone districts. Ordinance #26 was established to protect the balance between accommodations for visitors to the Town, Vail residents and seasonal employees from the unregulated development of time-sharing projects. It was the opinion of the then Vail Town Council that the zoning regulations in place in 1980 did not sufficiently address the problems presented by time-sharing. The ordinance amended Title 18 of the Municipal Code allowing time-share estate units, fractional fee units and time-share license units in the High Density Multi-Family, Public Accommodation, Commercial Core 1 and Commercial Core 2 Zone Districts, subject to the issuance of a conditional use permit. • Ordinance # 27, Series of 1980, an ordinance providing for certain disclosure requirements for time-sharing projects; providing for public offering statements and setting forth requirements for such offering statements: for the escrowing of deposits or reservations of a time-share unit; and setting forth remedies for violations of said 3 ordinance. According to the minutes of the July 15, 1980 Vail Town Council meeting, the Council had determined that the health, safety and welfare of the inhabitants of the Town of Vail would best be served by requiring the disclosure of certain facts and information relating to time-sharing projects, and to the perspective purchasers of time-share units. The amendment established disclosure requirements when offering time-share project sales and established a minimum amount of information ihat the developer must disctose in a public offering statement. • Ordinance # 28, Series of 1980, an ordinance providing for registration of time-share , projects with the Department of Community Development of the Town of Vail; the requirements for applications for registration of said units; remedies for violation of this ordinance and standards for the revocation of such registration. The Vail Town Council adopted Ordinance # 28 resolving that the Council had determined that the existing ordinances and regulations of the Town were insufficient to cope with the problems presented by time-sharing and that the registration of time-sharing units is necessary to protect and preserve the public health, safety and welfare of the inhabitanis of the community. • Ordinance # 29, Series of 1980, an ordinance defining time-share broker and time-share salesman: providing that any person, firm, partnership, association or corporation that engages in the business or capacity of time-share broker or time-share salesman, must obta+n a license from the Town Clerk; setting forth the requirements for the application for such license; providing for the display of such license, license fees and setting forth standards and procedures for the suspension or revocation of such license. Similar to the other ordinances relating to time-sharing projects in the Town of Vail, the then Town Council found that these additionai regulations were deemed necessary to protect and preserve the health, safety and welfare of the inhabitants of the Town of Vail and that time-share brokers and time-share salesman be licensed by the Town of Vail. • On February 3, 1981, the Vail Town Council adopted Ordinance #8, Series of 1981, amending Ordinance #26, Series of 1980, providing for the removal of time-sharing from the conditional use section of the Public Aecommodation, Commercial Core 1 and Commercial Core 2 Zone Districts. It was the then Vail Town Council's opinion that permitting the conversion and development of time-sharing projects in said zone districts woufd upset the balance between accommodations for visitors, Vail residents and seasonal employees and that the amendment was necessary to protect the health, safety and welfare of the inhabitants of the community. IV. CONFORMITY WITH THE TOWN'S RELEVANT PLANNING DOCUMENTS In considering the proposed text amendment to the Zoning Code, to allow time-share in the Public Accommodation Zone District as a conditional use, staff reviewed several relevant planning documents. Specifically, staff reviewed the Municipal Code, the Goals and Objectives stated in the Vail Land Use Plan and the Vail Village Master Plan. VAIL MUNtCIPAL CODE ~ Section 18.22.010 of the Vail Municipal Code, identifies the purpose of the Public Accommodation Zone District. According to the purpose statement, " The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor-oriented uses as may appropriately located in the same district. 4 The Public Accommodation District is intended to insure adequate light, air, open space and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional non-residential uses are permitted as conditionat uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted, are intended to function. compatibly with the high density lodging character of the district. The Public Accommodation Zone District is intended to provide sites for lodging units at densities not to exceed 25 dwelling units per acre." . According to Section 18.22.020, of the Town of Vail Municipal Code, the following uses shall be permitted in the Public Accommodation Zone District: a) Lodges, including accessory eating, drinking, recreational or retail establishments located within the principal use and not occupying more than 10% of the total Gross Residential Floor Area of the main structure or structures on the site; b) Additional accessory dining areas may be located on an outdoor deck, porch or terrace. VAIL LAND USE PLAN Chapter II of the Vail Land Use Plan identifies goals and poticies for land use within the Town of Vail. The goals articulated by the Vail Land Use Plan reflect the desires of the citizenry. The goals are to be used as adopted policy guidelines in the review process for new development proposals. Staff has identified the following goals (listed below), as being relevant to the applicanYs proposal: 1. General Growth / Development 1_1 Vail should continue to grow in a contro!!ed environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village core should be carried into new development in the Village core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier / Tourist Concerns 2_1 The community should emphasize its role as a destination resort while accommodating day skiers. 2_2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 5 2_4 The community should improve summer recreational and culturai opportunities tQ encourage summer tourism. 3. Commercial 3.1 The hotel bedbase should be preserved and used more efficiently. 322 The Village and Lionshead areas are the best location for hotels to serve the future needs of destination skiers. 3_4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core / Lionshead 4. .2 Increased density in the core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Pian. 5. Residential 5`2 Quatity time-share units should be accommodated to he/p keep occupancy rates up. 6. Additional goals related to other elements of the comprehensive plan. Economic Development The Town of Vail should consider developing some type of inechanism to controi tenant mix, so that a balance between tourist and convenient type of commercial uses is maintained. VAIL VILLAGE MASTER PtAN• On January 16, 1990, the Vail Town Council adopted the Vail Village Master Plan. The plan is intended to guide the Town in devetoping land use laws and policies for coordinating development by the public and private sectors in the Vail Vi{lage area and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, the Master Pfan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in iegislating effective ordinances to deal with such development. For the citizens and guests of Vail, the Master Plan provides a clearly deiined set of goals and objectives outlining how the Village will grow in the future. The Vail Vipage Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan it underscores ihe importance of the relationship between the built environment and public spaces. The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. 6 Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outlines specific steps that can be taken towards achieving each stated goal. Policy statements have been developed to guide the Town's decision making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective:_ Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The Zoning Code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Objective: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 Policy: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight . rental. 2.4 Objective: Encourage ihe development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 7 I 2.4.2 Policy: Activity that provides nightlife and evening - entertainment for both the guest and the community shall be encouraged. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Goai #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, iighting and seating areas), along adjacent pedestrian ways. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policy: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Viflage. 3.3 Objective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks aiong streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. 8 Goal #4 To preserve existing green space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policy: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.), shall be encouraged to reinforce their roles as attractive - people places. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policy: Redevelopment projects shatl be strongly encouraged to provide underground or visually concealed parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. Sub-Area #1-8 Sonnenalp(Austria Haus)/Slifer Square Commercial infill along East Meadow Drive, to provide stronger edge to street and commercial activity generators to reinforce the pedestrian loop throughout the Village. Focus of infill is to provide improvements to pedestrian circulation with a separated walkway, including buffer, along East Meadow Drive. Accommodating on-site parking and maintaining the bus route along Meadow Drive, are finro significant constraints that must be addressed. One additional floor of residential/lodging may also be accommodated on this site. 9 ~ V. PROPOSED TEXT CHANGES _ As stated previously, the applicant is proposing to add "time-share estate units, fractional fee uniis and time-share license units" as conditional uses to Section 18.26.040, Conditional Uses- Generally. These uses would be subject to the issuance of a conditional use permit. The proposed changes are shown as shaded below: Chapter 18.22 Public Accommodation 18.22.030 Conditionat uses The following conditional uses shall be permitted in the Public Accommodation Zone District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Professional and business offices; B. Hospitals, medical and dental clinics, and medical centers; C. Private clubs and civic, cultural and fraternal organizations; D. Ski lifts and tows; E. Theaters, meeting rooms, and convention facilities; F. Public or commercial parking facilities or structures; G. Public transportation terminals; H. Public utility and public service uses; 1. Public buildings, grounds and facilities; J. Public or private schools; K. Public parks and recreational facilities; L. Churches; M. Eating, drinking, recreational, or retail establishments not occupying more than 10% of the total Gross Residential Floor Area of a main structure or structures located on the site in a non-conforming multi-family dwelling; N, Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area; 0. Bed and Breakfast as further regulated by Section 18.58.310; P. Type III EHU as defined in Section 18.57.060; Type IV EHU as defined in Section 18.57.70; R. Tirr~e-sh~e es~tes ~n~~ractio nal fee ~nits and tim~ shafe i,er~se: t"r~#~, VI. SUMMARY of DISCUSSIO ISSUES At the October 28, 1996 Pianning and Environmental Commission meeting, a worksession was held to discuss the applicanYs proposal to amend the Zoning Code to allow "timeshare" as a conditional use in the Commercia! Core 2 Zone District. As the discussion was a worksession, staff did not evaluate the proposal, nor provide a formal recommendation. Staff did, however, identify issues which were discussed with the Planning and Environmental Commission and the applicant. Each of the issues is described below and a summary of the discussion has been provided. 1. PROPERTY MAINT IUANCE ISSUES ISSUE: The cost of maintenance may be higher on a time-share project than on wholly-owned units in a 10 condominium building. It has been reported that furniture, carpeting, appliances and other furnishings must be replaced more often in time-share units. This is especially applicable to time-share units which are sold on shorter intervals. The implication is that a higher level of maintenance and management services must be available on an on-going basis for time-share projects to insure a high level of quality. In addition to the additional needs for maintenance on time-share projects, there is also a need to reserve adequate time when maintenance can occur. Problems potentially occur, when time- share intervals are sold on a one week basis. By selling fifty-two (52), one week intervals during the year, there is little or no time for the proper maintenance of a time-share project. STAFF CONCERN: Staff has questioned, how time-shares in the Town of Vail could be regulated to insure adequate and proper maintenance of the project. Staff would not support a proposed time-share project which utilizes a 52-week interval approach. SUMMARY: The State of Colorado has passed legislation which, in part, regulates the maintenance and upkeep of time-share projects. The regulations were passed to protect consumers from extremely high maintenance costs of time-share projects. The state regulations require that a developer of a time-share project establish an escrow account providing a cash reserve for maintenance and upkeep of the time-share project. 2. AVAILABILITY OF LOCK-OFF UNITS IN A MANAGED RENTAL PROGRAM. ISSUE: Time-share units can be designed to accommodate lock-off units. Lock-off units provide the community benefit of additional "pillows," and they also provide an additional return on an investment opportunity for time-share owners. If a time-share owner purchases an interest in a multiple bedroom unit, and does not desire to utilize all the bedrooms, they can then have the opportunity of returning the unused bedrooms (lock-offs) to a rental program. STAFF CONCERN: Staff would recommend that lock-off units be required as a part of every individual time-share unit. Additionally, staff recommends that each lock-off unit be managed through a rental program when not in use. Staff feels that by providing lock-off units, and managing the availability of the lock-off units in a rental program when not in use, a time-share project can significantly increase the availability of accommodation units in the Town of Vail. SUMMARY: Staff continues to recommend that lock-off units be required as a part of every individual time- share unit. Some of the Planning and Environmental Commission members felt that it is important to maintain a quality "bed base" in the Town to accommodate guests and visitors. Concerns were expressed by certain members that such a requirement may impede a developer's ability to construct a time-share project as each development site is different and requires different mixtures of uses to make a project successful. No consensus was reached. 3. MINIMUM NUMBER OF BEDROOMS AND SQUARE FOOTAGE REQUIREMENTS FOR ALL LOCK-OFF UNITS ASSOCIATED WITH TIME-SHARE UNITS. ISSUE: In discussing the development of time-share units, staff believes it is important that any time- share unit proposed in the Town of Vail be a multiple bedroom unit with a minimum square footage requirement. 11 STAFF CONCERN: Staff's desire to see multipie bedroom time-share units with a minimum square footage requirement should increase the availability of lock-off accommodation-type units, thus increasing the Town's bed base. SUMMARY: Staff continues to believe it is important that any new time-share unit in the Town of Vail be a multiple bedroom unit with a minimum square footage and/or bedroom requirement for lock-off units. The applicant has stated that one reason the existing Austria Haus is not as successful as it could be is because the accommodation units are under-sized and outdated. The applicant has indicated that according to industry standards, an accommodation unit must be at least 375 - 450 square feet in s+ze. Several Planning and Environmental Commission members felt that it was important for all time-share units to be multiple bedroom units with lock-off type units attached. These members believed that such units improve the quality of the accommodations and provide possible incentives for owners to make unused lock-off units available as overnight accommodations, thus increasing the potential "bed base". 4. RATIO OF TIME-SHARE UN(TS TO ACCOMMODATION UNITS ISSUE: The availability of accommodation units has always been a goal of the community. The Public Accommodation Zone District encourages the construction of accommodation units. Accommodation units are allowed uses. At this time, the Zoning Code does not restrict the maximum number of time-share units allowed on a property. Since time-share units are considered dwelling units, a project with all time-share units could be a possibility. STAFF CONCERN: Staff would like to discuss with the Planning and Environmental Commission the merits of requiring a ratio ot accommodation units IQ time-share units. Specifically, staff is recommending that there be a ratio ot accommodation units I2 time-share units established. This would insure that accommodation-type units would remain available to visitors of the Town of Vail and not become only time-share units. Staff believes that it is possible to draft review criteria which address the need for a mix of accommodation units and time-share units on a broad basis. SUMMi4RY: The Planning and Environmental Commission discussed the issue as to whether a ratio of time- share units to accommodation units should be established. After a lengthy discussion on the issue, the members felt that such a requirement is not necessary, and in fact, impedes developers from constructing the best project possible for any given site. The Commission members further felt that such a ratio would be difficult to establish and would be best determined when reviewed on a case-by case basis. The members felt that any standard created must be flexible to accommodate changing trends and needs. 5. REOUIREMENTTHAT ALL T(ME-SHARE UNfTS BE OFFERED THROUGH A RENTAL PROGRAM WHEN NOT IN USE lSSUE: Like unused lock-off units, a community benefit can be realized through the availability of time- share units when they are not occupied by the awner. The developer or managing agent of a time-share project and the time-share unit owner, can realize additional profits through the rental of time-share units as overnight accommodations. 12 STAFF CONCERN: - Staff believes that unused time-share units should be offered and made available through a rental program. Specifically, staff would like to discuss the merits of requiring that all time-share units, when not in use, be made available to the general public. Again, this requirement helps attain the goal of maintaining a strong bed base whenever possible. SUMMARY: Staff continues to believe that a rental program should be established to offer time-share units to the general public, when not in use. Several Planning and Environmental Commission members expressed their desire to see the same. It was determined that in order for a rental program to be successful, the time-share building must include facilities to support the program. For instance, a front desk, reservation services and other amenities generally associated with hotel- type accommodations. 6. INTEGRATION OF TIMESHARE OWNERSHfP WITH WHOLLY-OWNED CONDOMINIUMS THE CONVERSION OF EXISTING WHOLLY-OWNED CONDOMINIUMS TO TIMESHARE OWNERSHIP. ISSUE: As discussed above, the integration of time-share ownership with wholly-owned condominiums can result in conflicts of use. As mentioned earlier, the type of use associated with time-share units combined in close proximity with less intensively used, wholly-owned condominiums, may not be desirable and could possibly pose problems. Again, time-sharing is a vacation-type of use, whereas condominiums are usually a residential use, or at least, less intensive vacation- type of use. Other resort communities in the country have experienced the conversion of wholly-owned condominium projects to time-share ownership. For example, in the State of Hawaii, numerous wholly-owned condominium projects have been converted into interval ownership. In Hawaii, as a result of the conversion of wholly-owned condominium projects into time-share ownership, local ordinances have been adopted requiring 100% of the condominium owners to approve of the proposed conversion to time-share units. This does two things. First, it insures that 100% of the condominium ownership agrees to the conversion of any or all of the condominium units to time-share units. Numerous examples of conflicts arising between wholly-owned and time-share interval ownership have been documented. Specifically, the more intensive vacationing-type of use of time-share ownership may conflict with the more residential condominium uses. Conflicts arise out of complaints concerning long hours of "partying, noise and disregard for the quality of the premises." Secondly, conflicts have arisen over the management and maintenance of the property. Whiie time-share owners have a sense of ownership and pride in the property they purchased, they may not be as heavily tied to their investment as a condominium owner. Therefore, conflicts resulting from management and quality upkeep of property result. STAFF CONCERN: Staff would like to discuss with the Planning and Environmental Commission and the applicant, the potential negative impacts associated with the integration of time-share ownership and wholly-owned condominiums. SUMMARY: The applicant is not proposing to integrate time-share units with wholly-owned condominiums. Staff's concern is related more to other possible projects developed in Town. The Planning and Environmental Commission felt that under certain circumstances, time-share units and condominiums could be integrated. The members believed that integration could occur if a buffer between uses were proposed. In general, integration of residential uses was not considered to be desirable by the Commission. 13 7. MANAGEMENT OF TIMESHARE PROJECTS. ISSUE: The management of a quality iime-share project is closely related to the high level of maintenance required for time share. It is in the best interest of the community to insure that time-share projects are maintained at a high level and in a professional manner. In staff's . opinion, this is most easily accomplished through quality, long-term management of the entire project. A high quality management program is necessary as the large number of interval owners involved in a single, time-share project can be extensive. Without proper management, the overwhelming number of owners of the property could result in future conflicts. Discussions with a branch broker of a local time-share project, indicate that the most common form of management of interval ownership projects is a form of Board of Directors. The Board of Directors functions very similar to a Homeowner's Association or Condominium Association. The Board, in most instances, is aided by a management company to help in the maintenance and management of day-to-day operations. As with any association governed by a Board of Directors, the Directors are elected or appointed by the ownership and represent and are . responsible to the ownership as a whole. The Board of Directors would be responsible for the overall maintenance and management decisions of the time-share project. STAFF CONCERN Staff recommends that in the case of the Austria Haus specifically, the applicant discuss their proposed management scheme for the project, as the developers are proposing that there would be a mixture of accommodation units and time-share units. A Board of Directors or management agency needs to be responsible for the management of both the accommodation units and the time-share units. Staff believes that conflicts arise when the management of the time-share units differ from the management of the accommodation units. SUMMARY: Sonnenalp Properties, Inc. will be the manager of ihe commercial and hotel accommodation units at the Austria Haus. It is the applicanYs desire to manage the time-share element as wei1. The owners association will be set up initially by the developers, to be managed by Sonnenalp Properties, Inc. The owners association reserves the right to ultimately determine who manages the time-share element. The Planning and Environmental Commission fe(t that it was important thai any project be maintained and operated at a high level and in a pro#essional manner. The Commission also felt it is equally important that whomever manages the time-share element must also manage the accommodation units. This is especially important to ensure that unused time-share units and/or lock-off units are made available to the general public when not in use. 8. THE CONVERSION OF THE 37 EXISTING ACCOMMODATION UNITS AT THE AUSTRIA HAU TO 20 TIME-SHARE UNITS / LOCK-OFF UNITS AND 23 ACCOMMODATION UNITS. ISSUE There are currently 37 accommodation units within the Austria Haus. At this time, the developer is proposing to redevelop the Austria Haus to include 20 time-share units sold on a five-week interval basis, with 20 attached one-bedroom lock-off units and an additional 23 hotel-type accommodation units. STAFF CONCERN: Staff would like to discuss the impacts associated with the reduction in accommodation units currently existing on the Austria Haus property. Whiie it is possibie that 43 of the units in the new 14 Austria Haus could be utilized as accommodation units (includes lock-off units), it is very unlikely that all 20 lock-off units would be made available. The staff is concerned as to whether this results in a negative impact that should be mitigated by the developer of the time-share project. SUMMARY: This issue was not discussed at great lengths. The Planning and Environmental Commission members agreed that accommodation units are an important component with regard to Vail's economic future. The Commission members reserved specific comment on this issue until a more thorough review of the proposed redevelopment project takes place. 9. POSSIBLE POSITIVE AND NEGATIVE IMPACTS OF TIME SHARE OWNERSHIP IN THE TOWN OF VAIL. . Positive Impacts of Time-Sharing: • Activity during the "shoulder seasons" tends to increase due to an increase in year-round occupancy. • The attraction of revenue-generating tourists. • Efficient utilization of resources. This is the "warm beds" concept. • More pride of ownership with time-share units than with accommodation units. ' • Increased levels of occupancy. • Increased resort exposure due to the extensive number of interval owners. Negative Impacts of Time-Sharing: • Some resort areas have experienced poor, distastefut sales practices of sales agents trying to sell time-share weeks. Because of the number of buyers needed to sell out a project, an intensive and costly sales program must be developed. The problems associated with sales generally comes in the area of solicitation of sales on streets, at the ski base areas, shopping malls, and the use of high-pressure sales tactics. • Possible conflicts between whol(y-owned condominium owners and time-share interval owners. • Possible loss of true accommodation units. • Possible difficulty in collection of property taxes due to the extensive number of owners. Sources: Report: Results of Research on Time-Sharing Regulations, P. Patten, Comm. Dev. Dept., 1980 y The 1995 Worldwide Resort Time-Share Industr Time-Share Ownership Benefits: Resu/ts from a Nationwide Sumy of Time-Share Owners, 1995 15 ~ VII. DISCUSSION ISSUES As a resuit of the worksession meeting with the Planning and Environmental Commission held on Monday, October 28, 1996, the staff has identified additional issues which we would like to discuss with the Planning and Environmental Commission and the applicant. As this is a worksession to discuss the applicanYs proposal to amended the conditional use section of the Public Accommodation Zone District, rather than the Commercial Core 2 Zone District, staff wiil not be providing a formal recommendation at this time. Each of the new(y identified '+ssues of the applicanYs amended proposal are identified below: 1. Additional Conditional Use Factors fSSUE: Staff has considered establishing additional conditional use factors to be used in the consideration of a proposed conditional use permit request for time-share projects in the Public Accommodation Zone District. According to discussions with the applicant and Planning and Environmental Commission, it was felt that time-share projects cou(d be compatible with the permitted, conditional and accessory uses allowed in the Public Accommodation Zone District given that certain factors are met. This approach is currently used in the Commercial Core 1 Zone District. STAFF CONCERN: Staff has evaluated the idea and would propose the following: 18.22.035 Conditional Uses - Factors applicable. . In considering, in accordance with Chapter 18.60, an application for a conditional use permit for a time-share estate unit, fractional fee unit, and/or a time-share license unit in the Public Accommodation Zone District, the following development factors shall be applicable: loillowC A. CFffects ffects of the proposal on the hotel bed base in the core areas; of the proposal on the4mtm needs of the community as a year- round resort; r4ccovvw~~c&1s. C. Effects of the proposal of noise, traffic, maintenance, etc, upon adjacent properties; The enhancement of the proposal on the nature of Vail as a winter and summer recreation and vacation community. pmeu; h•E.y. aw •"D -.-k f~~ 2. I I i n of Lock-off Units in term~-s o~'f ~ensi and Gros Residential Floor Area ISSUE: The Town of Vail Municipal Code defines a"dwelling unit", "any room or group of rooms in a two-family or multipie-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit (lock-off) no larger than one-third (113) of the total floor area of the dwelling. According to this definition, the staff has interpreted that a time-share estate unit, fractional fee unit and/or time-share license unit, which includes kitchen facilities, shall be classified as a dwelling unit. Staff's interpretation is based upon the fact that, in the case of the Austria Haus proposal, each interval unit will be designed with kitchen facilities for use as an independent housekeeping unit. According to this interpretation, each time-share unit wouid be entitled to one 16 lock-off unit. 92S90heC ? =F HOW ~O y0%--; y~ 4UBwl L The Town of Vail Municipal Code also provides a definition of an accommodat~nvunit. According to the definition section of the code, an "accommodation uniY" is defined as, "Any room or group of rooms without kitchen facilities designed for or adapted to • occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwel/ing unit. Each accommodation unit shall be counted as one-half (112) of a dwelling unit for purposes of calculating "al/owable units per acre". STAFF CONCERN: Staff would like to discuss with the Planning and Environmental Commission and the applicant the merits of applying the existing definitions to a time-share project. Staff feels that the existing definitions and interpretations provide the necessary controls on density and square footage for . development in the Public Accommodation Zone District. Staff further believes that the existing language provides density incentives for developers to incorporate lock-off units into time-share projects without impacting a developer's ability to design a project that is sensitive to the site and is flexible to the demands of each particular development. The existing definitions also allow for developers and the Town to maintain and enhance the hotel bed base within the community (a goal identified in numerous planning documents adopted by the Town of Vail). 3. Subdivision Review Process and Registration Reauirements for Time-share Proiects ISSUE: At the October 28, worksession meeting, a question was raised as to the procedure for establishing a time-share project in accordance with the Town's adopted regulations. Chapter 17.22 of the Town of Vail Municipal Code outlines the procedure for subdividing a time- share project. A time-share project is subdivided according to the Condominium and Townhouse Plat procedure. A condominium and townhouse plat is approved by the Zoning Administrator following the review by the Public Works Department. The plat shall be reviewed under two general criteria: A. The Zoning Administrator will check to make sure the buildings and other improvements were built as per plans approved by the Design Review Board; B. The Town Engineer will review the survey data for compliance with requirements found in Section 17.16.130C (final plat requirements/procedures). Chapters 5.01 and 5.02 of the Town of Vail Municipal Code provide regulations applicable to time-share estate units, fractional fee units and time-share license units. Chapter 5.01 establishes disclosure requirements for the public offering of time-share projects. The requirements are intended to protect the consumer from inaccurate or fraudulent representations of time-share developers. Chapter 5.02 of the Municipal Code establishes the procedures for registering a time-share project with the Town of Vail Department of Community Development. Pursuant to Ordinance # 28, Series of 1980, all time-share projects constructed and operated in the Town of Vail must be registered. The intended purpose of the registration requirement is to insure that any time-share project offered for sate in the Town of Vail is in compliance with the Town's adopted codes and policies. 17 M 4. Apqroximate Number of Units in the Town of Vail Directly Im ac~ ted by the Pro o} sed Amendment. iSSUE: At the October 28, worksession meeting a question was raised as to how many units in the Town of Vail would be directly impacted by the proposed amendment. Staff reviewed all the properties in the Town currently zoned Public Accommodation, or was a Special Development District with Public Accommodation as the underlying zoning. According to our research, approximately 736 units could be impacted in 15 buildings. It is important to note that it is not entirely likely that all 736 would be approved to be converted to time-share. V(il. STAFF RECOMMENDQTION " . Since this is a worksession to discuss the proposed text amendments to Section 18.22.030 of the Municipal Code, and not a request for a formal recommendation from the Planning and Environmental Commission to the Town Council, staff will not be providing a recommendation at this time. Staff will, however, provide a recommendation on the applicanYs proposal at the time of final review. Currently, the applicant is scheduled to reappear before the Planning and Environmental Commission for final review on Monday, November 25, 1996. f:\everyone\pec\memos\cc2exta.o28 18 APPENDIX A The information in Appendix A is derived from timeshare industry materials submitted by the applicant to the Community Development Department. The information is intended to provide a basic understanding of the socio-economic impacts of the timeshare industry as reported by the American Resort Development Association (ARDA). Complete copies of the source materials have been attached for reference. • A recent study which examined industry performance from 1980-1994 revealed that sales in 1994 reflected an increase of 870% over the $490 million in world-wide sales reported in 1980. In addition, the 560,000 vacation intervals sold in 1994, reflected a jump of 460% over the interval sales reported in 1980, which were approximately 100,000. At year end 1994, roughly 4.9 million vacation intervals had been purchased since 1980, resulting in sales volume of over $36 billion during the 15-year period. • The U.S. is the leader in the worldwide vacation ownership resort market, with 1,546, or 37.3%, of the resorts, 1,538,000 or 48.9%, of the "owners owning in the area," and 1,648,000, or 52.4% of the owners of the "owners residing in the area." • A recent study revealed that 75.3% of the U.S. vacation owners are satisfied with their vacation purchases, with 76.6% of study participants responding that their expectations at the time of purchase have been "matched or exceeded," and 75.4% reporting that they recommend vacation ownership to others. Of the more than 2,000 owners surveyed, 67.5% responded that vacation ownership has had a positive impact on their lives. • Most important among the motivation factors sited by the owners surveyed in their decision to purchase vacations were the high standards of the resorts at which they own and exchange, followed by the flexibility offered through vacation exchange opportunities, and the value of vacation ownership. Of those surveyed, 83.1 % responded that the "certainty of quality accommodations" was a"very importanY' factor in their vacation ownership purchase. Other motivational factors included good value, location of the resort, company credibility and savings of dollars on vacation costs. • Qccording to a February, 1995 telephone survey of 1,000 U.S. households not owning recreational property, 60.3% of the Americans believed they have a chance of purchasing recreational property of some type during the next 10 years. The survey results revealed that over 1/3 of Americans rate their chance of purchasing during the next 10 years as "about 50/50 or better," compared to 15.5% in 1990 and 25.5% in 1993. • Americans interested in purchasing recreational property prefer the standard 2-bedroom ?nit, sleeping 6, over any other single unit size, by more than a 2:1 margin (45.7%). , • The average vacation owner has purchased 1.7 weeks of vacation ownership. Although nearly 2/3 (58.8%) of vacation owners own a single week of time-share, the number of weeks owned increases the longer the average respondent is involved with vacation ownership. • The vast majority of vacation owners (73.9%) initially purchase just one interval. However, more than 1/4 (26.1 of those who first purchase between 1992 and 1994, now own more than one time-share interval, indicating that many first time purchasers are purchasing more than one interval at the time of initial purchase. f:\everyone\pec\memos\cc2exta.o28 19 • While in the locai resort area, the average time-share visitor-party spends considerably - more than the traditional traveler, averaging expenditures of $1,130.00 during the course of the entire stay. • According to more than 2,000 U.S. vacation owners surveyed in 1995, the largest single category of expenditure while in the resort area is for food and drink consumed in restaurants, bars and other hospitality establishments. • Vacation owners surveyed in 1995 average 6.9 nights in the resort area during their most . recent time-share vacation. • Vacation owners often extend their stay in the local resort area, by spending additional nights in another form of accommodation. Of those surveyed in 1995, the average owner spends an additional 4.7 nights in the local resort area during his/her most recent time- share vacation by staying in a hotel, with friends or relatives, or elsewhere. • U.S. owners surveyed in 1994 reported that they anticipate returning to the resort where their time-share interval is located an average of 6.4 times during the next 10 years. By contrast, those same owners responded that, had they not purchased a time-share in the resort area, they would have returned to the resort area an average of only 3.2 times. • Compared to all households in the United States, vacation owners have higher incomes, are older, and have higher levels of formal education than those of the average American consumer. As an aggregate profile, the typical vacation owner is an upper middle- income, rniddle-age, well educated couple. • A recent study revealed that the average household income of vacation owners +s over $63,000, having risen dramatically from 1978 when the average income was $23,000. Over 1/2 of all vacation owners have household incomes beiween $15,000 and $100,000. • 86.5% of all vacation owners are couples, and 13.5% are single individuals. • As of December 31, 1994, 1,648,000 U.S. households owned a vacation. The top three states in terms of total number of vacation owners are California, New York and Florida. o r : The 1995 Wor/dwide Resort Time-Share /ndustrv Time-Share- Purchasers: Who They Are. Whv ThgLBuy, 1995 Edition. Time-Share Ownership Benefits: Resu/ts fiom a Nationwide SurvPy of Time-Share Qwners, 1995 The Amerrcan Recreational Property Survey: 1995 f:\everyone\pec\memoslcc2exta.o2$ 20 . ~ MEMORANDUM FILE COPY TO: Planning and Environmentai Commission FROM: Department of Community Development DATE: November 25, 1996 SUBJECT: A request to amend Section 18.22.030, Conditional Uses, of the Vail Municipal Code to add "time-share estate units, fractional fee units and time-share license units" as a conditional use in the Public Accommodation Zone District and " establishing additional conditional use factors for time-share estate units, fractional fee units and/or time-share license units in the Public Accommodation Zone District. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther 1. DESCRIPTION OF THE REGIUEST The applicant, Sonnenalp Properties, Inc., represented by Gordon Pierce, is requesting to amend the Town of Vail Municipal Code. The applicant is proposing that Section 18.22.030 of the Municipal Code be amended to allow time-share estate units, fractional fee units and time- share license units as conditional uses in the Public Accommodation Zone District and to create Section 18.22.035, Conditional Uses - Factors applicable. The time-share estate units, fractional fee units and time-share license units would be allowed subject to the issuance of a conditional use permit, pursuant to the provisions of Chapter 18.60 of the Municipal Code. II. BACKGROUND The applicanYs request relates to a future proposal to redevelop the Austria Haus property. The Austria Haus is located at 242 East Meadow Drive. The Austria Haus was originally constructed in the fiid-1960's as an inn to accommodate destination skiers. In 1979, the Austria Haus was purchased by the Faess(er famify who planned to redevelop the property into the Sonnenalp Hotel. In 1984, Ordinance #8 was approved by the Vail Town Council establishing Special Development District #12. Special Development District #12 adopted an approved development plan for the redevelopment of the Austria Haus. The approved development plan was never implemented, and has since expired, but instead, the Austria Haus underwent a remodel. Since the completion of the remodef, the Austria Haus has served as an annex to the Sonnenalp Bavaria Haus located at 20 Vail Road. The Austria Haus has 37 hotel rooms (accommodation units) with approximately "75 pillows" and is operated approximately eight months each year by the Sonnenalp Hotel. There is a small restaurant and bar in the Austria Haus that serves its guests and a retail outlet on the east end of 1 the building. The hotel rooms are marginal in size (300 sq. ft. average) and lack certain amenities, by today's accommodation standards. The current proposal to redevelop the property intends to provide considerably more "pillows" over a twelve month period, as well as create approximately 10,000 square feet of new commercial space. The applicant has proposed that a percentage of the project be offered as time-share interval ownership units. The applicant has also proposed to accommodate a portion of the required parking and loading/delivery in an underground parking structure. According to the Official Zoning Map of the Town of Vail, the applicanYs property is currently zoned Public Accommodation. The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi- public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may be located in the same district. The Public Accommodation District is intended to provide sites for lodging units to densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District does not permit time-share interval units. Interval ownership is currently allowed only in the High Density Multi-Family Zone District pursuant to Ordinance #8, Series of 1981. There is no vacant property in the High Density Multi- Family Zone District. All properties currently zoned High Density Multi-Family are developed. In order for a time-share project to be constructed in the High Density Multi-Family Zone District, a developer would either have to convert an existing condominium or hotel project, or undergo an entire redevelopment of the properry. A third possible alternative for the construction of a time- share project in the Town of Vail, would be to rezone an existing parcel of property from its current zoning to High Density Multi-Family. Chapter 18.04 of the municipal code provides definitions of time-share estate units, fractional fee units and time-share license units. According to Sections 18.04.420, 18.04.430 and 18.04.440, time-share estate units, fractional fee units and time-share license units are defined as follows: Time-share estate units: Means either an interval estate or a timespan estate. A timespan estate is a combination of an undivided interest in a present estate in fee simple in a unit, the magnitude of the interest having been established by the time of the creation of the timespan estate either by the project instruments or by the deed conveying the timespan estate; and an exclusive right to possession and occupancy of the unit during an annually recurring period of time defined and established by a recorded schedule set forth or referred to in the deed conveying the timespan estate. Additionally, an interval estate is an estate for four years terminating on a date certain, during which years titled to a timeshare unit circulates among the interval owners in accordance with a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus established recurring annually until the arrival of the date certain. Fractional fee units: Is defined as a tenancy in common interest in improved real properry, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded allowing for the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if said agreement 2 continues to be in any way binding or affective upon any co-tenant for the sale of any interest in the property. Time-share license units: Shall be defined as a contractual right to exclusive occupancy of specified premises. Provided that the occupancy of the premise is divided into five or more separate time periods extending over a term of more than two years. The premises may consist of one parcel, unit or dwelling, or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of intervai estate, timeshare or timespan estate. III. rONFORMITY WITH THE TOWN'S RELEVANT PLANNING DOCUMENTS In considering the proposed text amendment to the Zoning Code, to allow time-share in the Public Accommodation Zone District as a conditional use, staff reviewed several relevant planning documents. Specifically, staff reviewed the Municipal Code, the Goals and Objectives stated in the Vail Land Use Plan and the Vail Village Master Plan. VAIL MUNICIPAL CODE Section 18.22.010 of the Vail Municipal Code, identifies the purpose of the Public Accommodation Zone District. According to the purpose statement, " The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor-oriented uses as may appropriately located in the same district. The Public Accommodation District is intended to insure adequate light, air, open space and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional non-residential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted, are intended to function compatibly with the high density lodging character of the district. The Public Accommodation Zone District is intended to provide sites for lodging units at densities not to exceed 25 dwelling units per acre." According to Section 18.22.020, of the Town of Vail Municipal Code, the following uses shall be permitted in the Public Accommodation Zone District: a) Lodges, including accessory eating, drinking, recreational or retail establishments located within the principal use and not occupying more than 10% of the total Gross Residential Floor Area of the main structure or structures on the site; b) Additional accessory dining areas may be located on an outdoor deck, porch or terrace. 3 Chapter 18.60 of the Town of Vail Municipal Code provides a framework for making decisions on - requests for conditional use permits within the Town of Vail. Section 18.60.010 identifies the purpose and limitations of a conditional use permit. According to the Purpose Statement, "In order to provide the flexibility necessary to achieve the objectives of the Zoning Code, specified uses are permitted in certain zone districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of the Zoning Code and with respect to their effects on surrounding properties. The review process prescribed in Chapter 18.60 is intended to assure compatibility and harmonious development befinreen conditional uses and surrounding properties and the Town of Vail at large. Uses listed as conditional uses in the various zone districts may be permitted subject to such conditions and limitations as the Town of Vail may prescribe to insure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be devised." Section 18.60.060, Criteria-Findings, identifies the Criteria and Findings which the Planning Commission shall consider with respect to the proposed use before acting upon a conditional use permit application. A. The following Criteria-Findings shall be considered by the Planning and Environmental Commission when acting upon a request for a conditional use permit: 1. Relationship and impact of the use on development objectives of the Town; 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs; 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas; 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and butk of the proposed use in relation to surrounding uses; 5. Such other factors and criteria as the Commission deems applicable to the proposed use; 6. The Environmental Impact Report concerning the proposed use, if an Environmental Impact Report is required by Chapter 18.56; 7. Prior to the approval of a conditional use permit for a time-share estate, fractiona{ fee or time-share license proposal, the applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from 100% of the owners of existing units indicating their approval, without condition, 4 of the proposed time-share, fractional fee, or time-share license. No written approval shall be valid if it is signed by the owner more than 60 days prior to the date of filing the appiication for a conditional use. All buildings which presently contain time-share units, would be exempt from this provision. B. The Planning Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use in accordance with the purposes of this Ordinance and the purposes of the zone district in which the site is located; 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; 3. That the proposed use would comply with each of the applicable provisions of this title. VAIL LAND USE PLAN Chapter II of the Vail Land Use Plan identifies goals and policies for land use within the Town of Vail. The goals articulated by the Vail Land Use Plan reftect the desires of the citizenry. The goals are to be used as adopted policy guidelines in ihe review process for new development proposals. Staff has identified the following goals (listed below), as being relevant to the applicant's proposal: 1. General Growth / Development 1_1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1_3 The quality of development should be maintained and upgraded whenever possible. 1_4 The original theme of the old Village core should be carried into new development in the Village core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier / Tourist Concerns 2_1 The community should emphasize its role as a destination resort while accommodating day skiers. 5 2.2 The ski area owner, the business community and the Town leaders shouid work together closely to make existing facilities and the Town function more efficiently. 2_4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3. Commercial 3.1 The hotel bedbase should be preserved and used more efficiently. 3_2 The Village and Lionshead areas are the best location for hotels to serve the future needs of destination skiers. 3_4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core / Lionshead 4_2 Increased density in the core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5_2 Quality time-share units should be accommodated to he/p keep occupancy rates up. 6. Additional goals related to other eiements of the comprehensive p1an. Economic Development The Town of Vail should consider developing some type of inechanism to control tenant mix, so that a balance between tourist and convenient type of commercial uses is maintained. VAIL VILLAGE MASTER PLAN: On January 16, 1990, the Vail Town Council adopted the Vail Village Master Plan. The plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in the Vail Village area and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, the Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. For the citizens and guests of Vail, the Master Plan provides a clearly defined set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan it underscores the importance of the relationship between the built environment and public spaces. The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. 6 Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outlines specific steps that can be taken towards achieving each stated goal. Policy statements have been developed to guide the Town's decision making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective:. Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Goal #2 To foster a strong tourist industry and promote year-round economic . health and viability for the Viliage and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The Zoning Code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Objective: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 Policy: The development of short-term accommodation - units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activiry generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian nefinrork throughout the Village. 7- 2.4.2 Policy: Activity that provides nightlife and evening entertainment for both the guest and the community shall be encouraged. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee housing units may be required as part of any new or redeveloped project requesting density over that allawed by existing zoning. 2.6.2 Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policy: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Objective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. 8- Goal #4 To preserve existing green space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policy: The development of new public plazas, and . improvements to existing plazas (public art, streetscape features, seating areas, etc.), shall be encouraged to reinforce their roles as attractive people places. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circuiation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. Sub-Area #178 Sonnenalp(Austria Haus)/Slifer Square Commercial infill along East Meadow Drive, to provide stronger edge to street and commercial activity generators to reinforce the pedestrian loop throughout the Village. Focus of infill is to provide improvements to pedestrian circulation with a separated walkway, including buffer, along East Meadow Drive. Accommodating on-site parking and maintaining the bus route along Meadow Drive, are two significant constraints that must be addressed. One additional floor of residential/lodging may also be accommodated on this site. 9 IV. PROPOSED TEXT CHANGES As stated previously, the applicant is proposing to add "time-share estate units, fractional fee units and time-share license units" as conditional uses to Section 18.22.030, Conditional Uses and staff is proposing to create Section 18.22.035, establishing additional conditional use factors to consider when reviewing a request for a conditional use permit for a time-share estate, fractional fee and/or time-share license unit in the Public Accommodation Zone District. The proposed changes to Section 18.22.030 are shown as shaded below: Chapter 18.22 Public Accommodation 18.22.030 Conditional uses The following conditional uses shall be permitted in the Public Accommodation Zone District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Professional and business offices; B. Hospitals, medical and dental clinics, and medical centers; C. Private clubs and civic, cultural and fraternal organizations; D. Ski lifts and tows; E. Theaters, meeting rooms, and convention facilities; " F. Public or commercial parking facilities or structures; G. Public transportation terminals; H. Public utility and public service uses; 1. Public buildings, grounds and facilities; J. Public or private schools; K. Public parks and recreational facilities; L. Churches; M. Eating, drinking, recreational, or retail establishrnents not occupying more than 10% of the total Gross Residential Floor Area of a main structure or structures located on the site in a non-conforming multi-family dwelling; N, Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area; 0. Bed and Breakfast as further regulated by Section 18.58.310; P. Type III EHU as defined in Section 18.57.060; 0. Type IV EHU as defined in Section 18.57.70; R. Time-share estates units, fractional fee units and tiine-shar.e Iicense.uniis as further regulated by.Sec#ion:y8.2~.t335. ADDITIONAL CONDITIONAL USE FACTORS Staff is proposing to establish additional conditional use factors to be used in the consideration of a conditional use permit request for time-share projects in the Public Accommodation Zone District. According to discussions with the applicant and Planning and Environmental Commission, staff believes that time-share projects could be compatible with the existing permitted, conditional and accessory uses allowed in the Public Accommodation Zone District given that certain factors are met. A similar approach is currently used in the Commercial Core 1 Zone District to address conditional uses. 10 Staff proposes that the following additional conditional use factors be established through the creation of a new section in Chapter 18.22. The proposal is as follows: 18.22.035 Conditional Uses - Factors applicable. In addition to the criteria found in Chapter 18.60, an application for a conditional use permit for a time-share estate unit, fractional fee unit, and/or a time-share license unit in the Public Accommodation Zone District shall be evaluated subject to the following review criteria: A. A proposed time-share project shall have no adverse effects upon the hotel bed base (i.e., overnight accommodations) in the Town of Vail. In determining the effects of a time-share project on the hotel bed base, consideration shall be given to the proposed on-site relationship and ratio of time-share units to accommodation units, the availability of iock-offs units and the short-term rental opportunities of time-share units when not in use by the owner(s). The cumulative effects of the proposed time-share project and other existing time-share projects shall also be considered. B. A proposed time-share project shall have no adverse effects upon the gross square footage of existing accommodation units in the Town of Vail. Consideration shall be given to allowing for the inclusion of the proposed lock-off square footage as accommodation unit square footage. C. A proposed time-share project shall have no adverse impacts upon adjacent properties. Adverse impacts to consider may include, but are not limited to, impacts to traffic, parking, noise, the character of the area, loading/delivery and trash facilities. D. A proposed time-share project shall have no adverse effects upon the • nature of Vail as a world-class resort offering winter and summer recreation and vacation opportunities. The cumulative effects of the proposed time-share project and other existing time-share projects shall also be considered. E. The proposed time-share project's ability to provide accommodation and recreation amenities to its guests and the Town of Vail. Amenities to consider include, but are not limited to, proximity of the project to public transportation, availability of conference/meeting room space, availability of hotei-type services, proximity of the praject to retail shops and eating/drinking establishments, on-site recreation facilities and proximity to community recreation facilities. F. The applicanYs ability to guarantee the future adequacy, stability and continuity of a high-ievel of management and maintenance of the time- share project. G. Whether an office of the managing agent is located locally, or on the site of the time-share project. H. Whether a front desk operation, operating 24 hours a day and seven days a week, with reservation/registration capabilities, exists within the proposed time-share project. 11 I. The effects of a proposed time-share project,upon the goals, objectives and policies prescribed in the adopted Town of Vail Comprehensive Plan Elements and the proposal's compliance with the Municipal Code. J. A proposed time-share project shall have no adverse effects upon the present and future supply of Town services, including, but not limited to, loss of tax revenue and increased demand on municipal facilities. The cumulative effect of the proposed time-share project and other existing time-share projects shall also be considered. K. The proposed duration of time-share intervals. L. Whether the developer of the time-share project plans to offer resale assistance and/or exchange program affiliation to time-share interval purchasers. M. Prior to the approval of a conditional use permit for a time-share estate, fraction fee or time-share license unit proposal, the applicant shall submit to the Town a tist of all owners of existing units within the project or building; and written statements from 100% of the owners of existing units indicating their approval, without condition, of the proposed time-share, fractional fee, and/or time-share license. No written approval shall be valid if it is signed by the owner more than 60 days prior to the date of filing the application for a conditional use. All buildings which presently contain time-share interval units, are exempt from this provision. V. STAFF RECOMMENDATION The Community Development Department staff recommends that the Planning and Environmental Commission recommend approval to the Town Council of the applicanYs request to amend Section 18.22.030, Public Accommodation, Conditional Uses, of ihe Town of Vail Municipal Code. Staff recommends that the PEC make the finding that adding this conditional use, with the additional review criteria to those uses listed in the Public Accommodation (PA) Zone District, will continue to ensure compatibility with other uses in the PA Zone District. The staff's recommendation of approval is conditioned upon the approval of the proposed Additional Conditional Use factors listed in Section IV of this memorandum. f:\everyone\pec\memos\sonnenalp.n25 12 hauseholds who do not own recreational property) The customer base for timesharing is expanding indicates that more than half of those households to inelude new segments of the population. believe that they can acquire such properry for somewhere between $25,000 and $100,000. Thc median amount they expect to spend is $48,000. M any Americans dream of their own single- Skyrocketing construction costs and actuat recre- family, beach vacation homes or scenic ational real estate prices suggest that most of them mountain retreats. And with a decline in will need to adjust their expectaaons. For many, mortgage interest rates, the end of the timesharing will be the answer. recession, and the maturing of an afflu- Timesharing began in 1964 in Europe and found ent generation of baby boomers, more than 60 per- iu way to the United States in the 1970s. By 1980, cent of Americans think their dreams may come true. 155,000 households throughout the world owned a What they may not be aware of is the cost of timeshare interval in about 500 resorts. Today, 4,145 such ownership. The 1995 American Recreational vacation ownership resoru in 81 countries clairn Property Survey (a telephone survey of 1,000 U.S. 3,144,000 owner households in 174 counuies. With T 0 m imeshanng P~zce zvith the Kfoing F RICHARD L. RAGATZ ANO CAROL A. MCINNIS ~+fy'. yr ts-iJ;~.~ r 5`: . ~ ~ Y•t'-y6> ~ - . YP „-1 rt,A ~ ~I t. ¦ . . ¦ ~ ~ ,u.. , a , r~rrr,, " r- .t- 1 ~I ~ ~ 4, _ r ~ e?;~"' X/„~~..`, "'.rtry I . . . • . SpeCial Section Aug•ust 1996 • Urban Land 43 Changing I'iEeslytes are promp6ng tfie devel- day opportuniues that catapulted the timeshare in- • . opment ot timeshare resotts that teature dustry into the forefront of the tourism marketplace. adventure vacations and ecotourism. - Clearly, the dmeshare resort industry has come of age and shows no signs of declining. Based on current market trends and today's timeshare procl- uct, at least 10 percent of all U.S. households with incomes of more than $50,000 could own timeshares within the next five to ten years, adding 1.83 mil- lion new owners. The introduction of new producu ~ targeted toward specialized markets can expand dra- marically the base of potenrial timeshare purchasers. Today's tr'end is to grow bigger by tarbedng smaller. The extraordinary growth of timesharing in the ~ United States has been complemented by a boom in the market elsewhere in the world, especially in Europe, Mexico, and South America. Recent studies record a relauvely consistent worldwide growth pattern during the past eight years, averaging 15.8 percent annually, " which indicates a stable and maturing industry. ~ I ~ Today's Timeshare Buyer Who are these timeshare owners, and what do they have in cc>mmon with other consumers around die - ' world? RC! Ncaspective Q:inuary/February 1995), the timcsharc indusdy magazine, sums ufi thcir divcrsity: "Taday's timeshare cvstomer is a dual-income marricd couplc with two chilclrcn. It's a rctired cc>uplc who 384,000 new owners purchasinb 560,000 vacation bring along their three grandchildren. It'.ti a diirty- intervals anci worldwide bross sales of $4.76 bi{lion something married couple witliout any children. Mcl in 1994, timcsharing is the fastcst-browing scbment it could be a singlc woman who pre(ers to tr:ivel alone." of the travel and tourism industry. Increasingly flexi- Although the timeshare consumer may seciu to clefy ble ownership productti, multiple exchange opportu- description, research helps in compiling a profi{e. nities, and an improvin6 public image (resulting A 1995 Ragatz Associatcs Report, Timcsbrrre Ytn- from [he industry's parrnership with government to chascrs: Who Thcy Are, Wby Tbcy Brry, indicates that legislate consumer protection standards) make time- major changes have occurred since the first survey of share a viable, relatively affordable option for those resort timeshare owners in the United Scates 17 years who drea?n of recreational property ownership. ago. The 1995 study, based on almost 2,400 responses In the United States, where 37.3 percent of all from a random sample of timeshare owners through- timeshare resorts are located and 52.4 percent of own- out the United States, provides the following data: ers reside, timesharing has come a long way since the • In 1978, the average household income of time- early 1970s. In those days, the industry was largely share owners was about $23,000. Taday, it is more unregulated, consisting primarily of "opportunistic, than $63,000. small regional developers who worked mosdy with • The average age of timeshare owners is S 1. How- failed condominiums, using marketing techniques of ever, it is only 46 for persons who purchased in 1993 sometimes questionable ethics and taste," according or 1994. Some 45.9 percent of these recent buyers to vice president of RCI Consulting, Resort Condo- are between 40 and 54 years of age. miniums International, John Sweency in his 1995 • Some 86.5 percent of all timeshare owners are "Treatise on the History of Timesharing." couples. The percentage of singles has increased Not so today. With a 1994 sales volume of $1.8 from on(y 7.4 percent in 1978 to 13.5 percent today. billion and 1.6 million awner households, timeshar- • Only 44.2 percent of owners have children younger , ing in the United States has attracted top hospitality than 18. names such as Hilton, Marriott, Hyatt, Four Seasons, • Timeshare owners are highly educated. Some 55.7 , Westin, and Embassy Suites and offers a wide range percent have at least a bachelor's Jegree, and 26.8 of properries to appeal to buyers. However, the time- percent have a graduate debree. share industry likely would not have taken offwith- • Compared to all houseliolds in the United States, out the exchange component. The flexibility of the dmeshare owners have higher inco?nes (69.5 percent exchange service, allowing customers to sample oth- have incomes of more than $50,000, compared to er timeshare resortti, opened up a new world of holi- 31.1 percent of the general population); are older 44 UrGatl Ln,rd 0 Auguct 1996 SpECle) SECtiolt , IOMONNW' At Embassy Vaca- tion Resort at Grand 50 '~'e 77w~4 ' _s . Beach, Orlando, -Y~'tiy '~.3 4 t ,~'l'.I µw 'l t'MY . _ , - . • Fiorida, developer . ArgosyJKOAR, the .a... _ . ,a;+,~,. _ tastest-growing timeshare developer _ • in Nortli America, is licensing the name , 3 = - of Embassy Suites, , ~ ; ~ ; ' ~ , x, • _ - a major U.S. hotel A r . . • ~ i ' , . j. ~ ~ ~ s' Cf121f1. .r ' (67.5 percent are at least 45 years of age, compared The industry is still battling image problems fos- to 51.3 percent); and have higher levels of formal tered by sales and marketing abuses of the 1970s. educaaon (55.7 percent have at least a bachelor's But the picture is changing. degree, compared to 23.7 percent). Information obtained by Ragatz Associates in • Eighry-two percent cite the exchange opportunity 1992 from 16 focus groups held with timeshare buy- as an important motivation for purchasing a time- ers and nonbuyers suggests that the image of resort share, fallowecl by ability to save money on future timesharing has improved dramatically during the vacation costs (61 percent), and by simply liking the past ten years. Few focus group participants ex- timeshare resort and its amenities (54.4 percent). pressed negarive concerns abovt the concept itself, This year, Simmons Market Research Bureau sur- and even fewer questioned the quality of the time- veyecl 2,000 of dhe 1 million subscribers to Endless Ut- share resorts with which they wece acquainted. artiou magazine and discovered similar demographics. Those pardcipants who had negative impressions The Sinunons sttiJy fixes the average age of Endless of timesharin6 mosdy cited two kinds of sales and kaurtiou reaclers (aU of whom are timeshare owners) at marketing abuscs: hard-close sales tactics and irra- 50.1 (t{ie inetfian was 49.9) and the averabe total house- tional, last-minute drops in sales prices, with state- (iold inco?sie at $73,920 (I'he me(Sian was $63,486). mencs from die salesperson dhat "this discount ap- plies only to you" and "only if you buy today." Product Expectations Intcrestingly, in this study and in another one in I-Iow clo these owners feel about the product? As in 1995, participants who haJ attendtd a sales presen- past stirveys, the 1995 Ragatc Atisociates study on tation had more positive impressions than those who timeshare purchasers indicates a high level of saus- had received mail or telephone solicitations but had (actio?i. The vast majority (77.5 percent) say their not attended a presentadon. These findings suggest tiineshare purchase has "matched or exceeded their that exposure to the actual product in an atmosphere original expectations." Almast two-thirds believe that widiout pressure helps contradict negative stereo- ownership has saved them money on vacations. In types. And the fact that the majority of nonbuyers fact, current owners have been so satisfied, the study remained interested after having attended a presen- shows, that 41.2 percent of them have purchased more tation challenges the industry to develop so-called than one interval, and 24.2 percent own timeshares "be-back" programs co follow up. at more than one resort. Among the benefits listed by well more than half of the owners surveyed are The Hotelfrimeshare Allianee • An increase in their "looking forward to vacation;" Another recent development in the timeshare industry • The opportunity to stay in higher-quality resorts; and strengthens its credibility and illustrates the respect • A wider range of vacation eacperiences and more it has earned from other major players in the hospi- vacation desrinations. tality industiy. Although milcing uses at resort prop- erties is not a new concept, the entry into the time- Improved Image share industry of hotel and entertainment companies Despite the timeshare's steady growth and high ap- has added a new twist to the idea of combined usages. proval radng among those who do buy, owners consti- Hilton Hotels, for example, operating as Hilton tute only 1.72 percent of all U.S. households (the Grand Vacation Club, is expanding its resort net- percentage increases with higher levels of income). work. Currendy, Hilton Grand Vacation Club has Speciat Secfion Augusr 1996 • Urban Land 45 resorts in Las Vegas, Orlando, and GROWTH is pursuing this younger, less af- . on the west coast of Florida with Bouft pyMR Saw$ yolnm fluent group. Many of its resorts plans to develop in Hawaii and 1980 506 155,000 $490 mlion emphasize homey atmospheres other U.S. locations. Hilton's new 1990 2,357 1.8 miNion $3.24 biOion and quality service at affordable president and CEO, Steve Bollen- 1994 4,145 3.1 milti~on $4.78 blion prices and in locations such as bach, is working to unite Hilton Smm: Tmmtem Who 1* ~ ift 7W Daytona and the Wisconsin DeIls, U.S. and Hilton International, B„y Regatz qssociatm 1995, where their buyers have tradition- taking brand-name timesharing ally vacationed and felt at home. into the European market. Families with children are the Four-year-old ArgosyJKOAR, the fastest-growing bread and butter for The Village at Smugglers' Notch timeshare developer in North America, is licensing resort in rural Vermont. Positioning itself as Ameri- the name of Embasry Suites, another major U.S. hotel ca's family resort, Smugglers' Notch does massive chain. The company is expanding the concept of an direct-mail targeting of families with incomes of Embassy-branded, vacation-ownership product- $75,000 or more and two children under the age of Embasgy Vacation Resorts. Argosy/KOAR now has 12. The resort guarantees a good time for each fam- nine reson propertaes in Hawaii, Orlando, Hilton Head, ily member and backs up its promise with a refund St. Maarten, Lake Tahoe, and southern California. program for those few customers it fails to please. This new hotel/timeshare alliance is a noteworthy Fairfield Communities, Inc., with the largest development in light of the distrust and disdain with timeshare owner base in the world (132,500 as com- which many hoteliers viewed timesharing even a few pared to Marriott's 71,W0) has responded to the need years ago. Widi their occupancies and profits dimin- for flexibility with an innovauve multisite club sys- ishing, and consumer respect for ameshare browing, tem called FairShare Plus, which allows owners to 17otcliers took a second look. To their surprise, diey purchase points to be exchangecl for vacauon ume. cliscavered that timesharing can provide a number of Odicr dmeshare offerinbs include short-term, right- benefitti for hotel operations: to-use products for pcople who are reluctant ta buy • A horel dmeshare component can help amorti•r.e dic longer-term, more expcnsive procliicts, :?nd urban lancl and infrastnicturc costs, cspccially whcn markct tiiiie`fiarc opportunitics such as Ncw York City's ncw, clcmancl does not jnstify atlding hotel rooms, comcn- upscalc Manhattan Club (scc "Sharing Timc in dic tion or group space, or recreational fxilities. Clty," p1ge 51). • Timcsharing hclps a hote) achicvc the itna6c of a Changinb lifcstylcs arc also promptinb the dc- fiill-scrvice resort, which is a cornpcutivc advantagc. velopment of timesharc resort5 that fcanire golfing, • A timeshare component's flexible accommodations, giininb, adventtire vacations, ancl ecotourism. such as one- and two-bedroom villas, enhance a ho- In ~~~ition to the products thcroselves, some in- tel'.s offerings and buifd revenue for operations by dustry players offer travel services, rental and resale attracting a wider clientele. assistance, and discounts on dining, car rentals, cruises, • In mixed hoteVumeshare projecu, managers can and other vacation-related items. blend marketing and promotional dollars. A prpmlSlDg EIlt01"B • Tinieshare mailings and solicitations are much more fre.quent than those for hotels. Featuring the A11 of this bodes well for the future of timesharing. hotel in the timeshare marketing materials gets the In a recent speech to RCI's European Conference in hotel more publicity than it would ordinarily receive. Madeira, Spain, Steve Miller, president of RCI North • Maintenance fees paid by timeshare owners and a America, assessed the industry as follows: "All the in- more balanced demand for housekeeping staff a11ow dicators point to a promising future. The business hotels with a timeshare component to maintain their and social climates are favorable for continued growth. support staff year-round, avoiding seasonal layoffs. The customer base is expanding to include new seg- • Studies of dmesharing in Mexico and Canada con- ments of the population. Customer satisfaction has firm that in those countries occupancy rates for hoteV never been higher. All in all, this is a great time to be timeshare resorts are significandy higher than for in the timesharing business in North America." hotel-only operations. If it is a great time to be in the timesharing busi- ness, it may aSso be a great time for the consumer. Diversifieation Those who dream of the beach cottage or the moun- tain The diversifcation of the timeshare product already retreat have the opportunity to realize the dream has begun.l~larkedng efforts are now appealing, in- and to expand it: from the ownership of a vacation tentionally, to singles, seniors, and even lower- to home to the more inclusive ownership of a total va- middle-incoine Ainericans with their own dreams of cadon experience. ? vacation-property ownership. Richard L. Ragatz is vite presidntt of XCI Ca:srrlting, Xaon Resort Development International, a Florida- Condaininiunu Intenrutioual. Carol A. Mctnnis is a journa!- based development company headed by Randy Keim, isr u,:d ediror of RCI Perspective iuogazine. 46 Urbun Lund • Augtu-t 1996 SpECial SaCtiOIt . sights. hicmbcrs placed a high prioriry on Q: Is there an emerging trend wiffi _ quaiiry and wcre willing to pay for it. As a premier high-end timesharing? 4 result, the Owncrs Club offers a scandard, •.<.,E three-bedroom unit fqr all of its anucipatcd . ~i~un L1JUufs coveragc of resort time- projects, which are expected to be built in Uharing last monch prompced reader • 2S locadons. Cottage unit and clubhousc ~nterest in high-cnd umesharing. It interiors and architectural farades will adupt appears that a ne", opulent markct has Uepm a local design. Members are allotted 27 u.~ bud within a traditionally middle-income floating days a year and lodging on a space- industry, pardy as a result of dic new vaca- available basis. Opened in April, the Hiltun uon owncrship imagc and pardy as a result Head Owners Club, South Carolina, has of changing psychugraphic interests. A thin already sold approximately 130 units. In a margin of the upper econoniic brackec is : - similar vein, The Owners Club has begun beginning to purchase vacatiun ownership - preselling memberships for the Homestcad memberships instead of sccond homes. This Owners Club, 1 Iomestead, Vir6?inia. market niche prefers a product that offers The fact that so many respeeted memben luxury service and amenities widi increased of the resort community are interested in Aexibility, allowing it to shed the hassles and ~ the ulva high-end var.ition ownership prud- ` irc- liabilities involved in owning a second home. uct is indicativc of its PotcndaL Whilc { "Wc arc on the vcrgc of sceing a ncw ' micr hibh-cnd vac:ation owncrship pro(lucts product and a ncw consumcr in the vac:iuon will ncvcr bccon?c the (ocus of the umcsh:irc owncrship induscry," says Richard Ragatz, markct, thcy could transForm how the uppcr presidcnt uf Rag:uz Associatcs, a markct cconc>inic br:ukct vicws vacations-and rescarch firm involvccl in the vac:uion own- timcsharing. J. Christophcr Chatlin crship industry. "Currcntly, thcrc :irc twu or thrcc cxamplcs of cxtrcinc high-cnil varation ,7. C6r7,yophcr L'huffiu ir•a resrurch assistruu owncrship. In the ncxt ycar or two, thcrc in ULIs edttuuioir, resrrrrch, u?,d prrGlicurions will bc 15 to 20 proJucts on ihc uiarkct. 'l'hc Franz Klanuncr Lodgc, in "Iclluridc, rlivisiae. Thesc products arc going to h:rvc a major C:olorado, wiU opcn this inonth as a prcmicr impact on wholly owncd secon(l housing." vacation product catcring to an extrcmcly Referenee/Sourees The Dccr V:illcy Club, in Dccr Vallcy, afFlucnt markct. 1~1cmbcrship priccs vary from Utah, is one of the fcw high-end timeshares $143>000 to $179,000 dcpcndingon the bcd- today. Memberships sc.il at priccs r:uiging from room sizc. Mecnbcrs will be able to reserve °Resart Profile," RCI Aerspec0ire, SeptembedOctober $125,000 to $150,000 for a 1/6.5 undivided two wceks in the wintcr and avo wccks in 1995, p. 20-21. interest (UDn in a unit. Unit size varies from the swnmer, usc a Eloaung wcek, and stay Dennis Nillier two bedrooms to four bedrooms, and quality on a space-available basis. 'I ransportation is Hillier & Wanless, PA is comparable to chat of a luxury rnndomini- offered free of charge to both airports in the 4800 Nortt? Federal Highway um. A ciining faciliry, swim?ning pool, Jacuzzi, area. Other services include a concierge, long- Suibe 300 B exercise room, storage lockers, and transpor- term storage with temporary individual lock- Boca Raton, Florida 33431 tation service are shared by 190 members. ers, grocery delivery service, and sl:i valet. 407-361-0430 "Service is cridcal,° says Jim Whitteron, In response to the cost and liabilities in- EdvAn H. McMullen president oE I-Iighland Resorrs, which devel- volved in owning second homes, the Owners Grand Vacations Limited oped the Deer Vallcy Club. "Personalization Club has created a product that would sell 6355 Mehowest Boulevard, Sude 180 is part of the appeal, where you have a staff for $250,000 to $350,000 as a second home, 0dando, Florida 32635 that knows the namcs and needs of the mem- but that sells as a fractional for $42,500. The 407_521-3100 bers. We are trying to provide the feel of a Owners Club, a joint venture of RBC Enter- fine country club." Whitteron considers ser- prises, Ine., the Club Corporation of Ameriea RkMrd Ragatz vice the primary reason members are buying (CCA), and the Melrose Company, designed Raptr Asociatm (nL mecnberships instead of second homes. Cur- the product in response to a survey of CCA 787 Wllamette Street rendy, Highland Resores is ahead of schedule members. According to a"Resort Profile" in Oregon • in membership sales at the almost completed RCI Pe•rspective, the survey indicated that CCA 531-686"9335 ' Sun Valley Club, Utah. Two other projects, members desired the opaon of having a muple Jim NAdteron the Chrisde Club, Steamboat Springs, Col- of long vacadons and a series of shorter, more Highland Resorts, P.O. Bmc 88'1356 orado, and the Nocth Club, outside Scotts- frequent varations to a variety of places, giv- pwk Ck, Utah gqpgg dale, Arizona, are also under construcaon. ing them the alternadve of seeing different 801-649-2225 ~ 72 Urban Land • September 1996 ~ Thet.. 64ti egu ts4yi aaS . ~ Department for review and action. Until the revised plans have received approval by the Department, the developer sha11 be required to offer security for the performance of the site ~ improvement work as shown on the last set of plans to have received Department approval. Upon acceptance of revised plans by the Department, the City shall release any cash, credit or other security held, which is in excess of 125% of the ~ completion cost (estimated) of work shown on the most recently revised plan. If the modification of the plans xncreases the cost of required site improvements, additional 5ecurity must ~ be-provided by the developer to cover the increased costs. (i) . Any interest accruing on escrowed funds Ki shall, unless expended for completion of site improvements required, inure to the benefit of the developer upon release . and not to the City, and the City shall not be required to pay interest to the developer on a.ny funds escrowed for this ~ purpose. ~ (j) DP±-a?led Site Plans. A detailed site plan shall be presented, ~ showing the location and nature of drainage works, grade ~ changes, retaining walls, and landscaping, together with any trails, paths, or walkways that may be included or required under other provisions of the Land Management Code. ~ ~ (k) SinaLP-Family xomes. This provision shall apply to all ~ construction in Park City, including single-family homes, ~ provided, however, that the amount of security required for ~ single-family homes shall be the reasonably estimated cost to complete construction of any retainage and drainage works on ~ a labor and materials basis, and the estimated cost -to complete landscaping (to the extent necessary to hold the soil ' in place) on the basis of materials only. 1 ~ (1) Phased Projects. Site improvements applicable to each phase af a phased project or development shall be completed or security for completion provided as each phase is constructed and ~ either platted or occupied. Site improvements on other phases of the project shall be completed or security offered as those ` phases are completed. 8.22. TTMT'SILARF CONVERSION CONDITIONAL USE REOUESTS - (a) TimeGhare Conversion. Developers of timeshare conversions ~ shall file with the Community Development Department the following information as part of a conditional use permit application: ~ 1. The proposed duration of timeshare intervals, which shall D not be less than seven days. ~ ~ 8-19 - - ~ 2. Identification of the timeshare interval as a timeshare estate or timeshare use. 3. Any restrictions on the use, occupancy, alteration or alienation of timeshare intervals. ` 4. A copy of the proposed timeshare instruments whereby the ' timeshare project is established, which may include, without limitation, the following: Timeshare Declaration; Condominium Declaration; Covenants, Conditions and Restrictions; Declaration of Trust; Cooperative Articles _ of Incorporation; Bylaws and Proprietary Lease; Vacation ' Club Master Agreement and Membership Agreement; Vacation License Contract; Articles of Incorporation of Owners' Association; Bylaws of Owners' Association; Rules and ~ Regulations; and Management or Agency Agreement for the maintenance and operation of the timeshare project and/or ' timeshare units. t 5. The name, address and phone number of the managing agent of the project having authority to act on behalf of the developer and/or the Owners' Association in emergency ~ situations. Any change in name, address or phone number of the managing agent shall be filed with the Cominunity ~ Development Department and the Park City Business ~ Licensing Division. ~ 6. The name, address and phone number of the central contact ~ person for the developer and/or the timeshare project for business license, tax and utility service payments who will be responsible for making such payments on behalf-of ~ the developer as provided by the timeshare instrument. Any change in name, address or phone number of the central contact person shall be filed with the Community f , . Development Department and the Park City Business [ Licerasing Division. 7. A list of all owners of the property being converted, or ~ if the property has previously been divided into separately owned units, dwelling units or lots, a list of ~ all owners of such units, dwelling units or lots. This list shall be prepared by a title company or licensed abstractor. 8. A plan showing in reasonable detail the means by which ~ the timeshare conversion will comply with the Park City parking requirements for timeshare projects, including t the purchase of any necessary additional property. ~ 9. Evidence of a review and approval by the appropriate sewer district and the Park City Water Department ~ - - - 8-20 j ~ ~ ~ ~ . ~ regarding anticipated increases i.n sewer flows and water use resulting from the change in use. ~ 10. For the conversion of any units in any condominium project or dwelling units in any planned unit development project, the written statements from not less than 65$ of the owners of all existing units or dwelling units in the ~ project indicating their unconditional approval of the timeshare conversion signed by such owners not more than 90 days prior to the date of the application for a ~ conditional use permit. 11. Any other information that.the developer or Community ~ Development Department deems reasonably necessary to the consideration of the project. (b) c'onditions for Conversion AMro_v_al. In determining whether, ~ and under what conditions, to issue a conditional use permit for timeshare conversions, the City shall review the following conditions and considerations and approve the project if: ~ 1. Timeshare conversion will have no serious adverse effect on present and future City services, including loss of ~ sales tax revenue due to time share uses being exempt fram sales tax. The cumulative effect of the subject project and other timeshare projects may be considered. ~ 2. Timeshare conversion will have no serious adverse effect on traffic circulation and parking. ~ 3. The applicant's ability to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the timeshare conversion. ~ 4. Whether an office of the managing agent or agency is located locally or within the timeshare conversion and ~ the impact that may cause. ~ Timeshare conversion will have no serious adverse effect on meeting space, convention business and nightly rentals ~ within the City. The cumulative effect on the proposed conversion and other existing projects may be considered. ~ 6. Compliance with this Code, parking requirements, Park City Planning Commission policies, the City's Comprehensive Plan, and other applicable City ordinances and guidelines in force at the time of application. ~ 7. Compliance with the Park City Uniform Building Code and other Park City Building Department regulations in force ~ at the time of application. ~ ~ B. Any other factors that the applicant or Planning , Commission deems reasonably necessary to the consideration of the timeshare conversion. ~ 9. For the conversion of any units in any condominium ~ _ project or dwelling units in any planned unit development project, the written statements of not l.ess than owners ~ of 65% of all existing units or dwelling units in the project indicating their unconditional approval of the timeshare conversion signed by such owners not more than ~ " 90 days prior to the date of the application for a conditional use permit. 10. The structure proposed for conversion is in substantial ~ compliance with the building codes and fire codes adopted by Park City. (c) Denial or ADproval. The City may approve or deny the request ~ for timeshare conversion of a project on the basis of its findings on the above-listed matters. Any action to approve or ~ deny by either the Community Development Department (subject to ratification by the Planning Commission) or the City Council shall give written findings on the matter, and state specifically the reasons for the denial. ~ (d) nff-premises Timeshare Contactina Locations Permitted SLbiect to a Condit?onal Use Permit. In determining whether, and under ~ what conditions to issue a conditional use permit for an off- premises timeshare contacting location, the Community Development Department may consider: ~ 1. The impact the off-premises contacting location may have on pedestrian and vehicular traffic circulation in the area. ~ 2. The proximity of the off-premise contacting location to other off-premises contacting locations servicing the ~ same timeshare project. 3. Whether the off-premise contacting can be confined ta a ~ completely enclosed building. 4. Compliance with this Code and Park City Planning Comanission policies, the City's Comprehensive Plan and ~ other applicable City ordinances and guidelines in force at the time of application, and compliance with the business licensing provisions af Park City. ~ 5. Any other factors that the applicant or Planning Commission deems reasonably necessary to the consideration of the off-premises contacting location. ~ ~ This provision shall not apply to licensed solicitors~ . „ ` 8-22 - - - ~ ~ ~ soliciting on behalf of timeshare companies in the fully enclosed premises of another persan with the consent of that person. No conditional use permit is required under ~ these circumstances. (e) Timeshare Conversions. Existing projects, properties or units, including, without limitation, those presently owned and ~ operated as condominiums, planned unit developments, hotels and motels, shall not be converted to timeshare projects as defined in Chapter 2 without first obtaining a conditional use ~ permit as required by this Chapter. A conditional use permit must be obtained for the conversion of each separate project or property being converted. 8.23. TT .SIiARE PROJECTS. ~ (a) Tnfor+aGion to be Filed with Timeshare Project ADslicat?ons. The developer of any timeshare project other than a timeshare conversion shall file with the Planning Department the . following information as part of a building permit ~ application: 1. The proposed duration of timeshare intervals, which shall ~ not be less than seven days. 2. Identification of the timeshare interval as a timeshare ~ estate or timeshare use. 3. Any restrictions on the use, occupancy, alteration or alienation of timeshare intervals. ~ 4. A copy of the proposed timeshare instruments whereby the timeshare project is established, which may include, ~ without limitation, the following: Timeshare Declaration; Condominium Declaration; Covenants; Conditions and Restrictions; Declaration of Trust; Cooperative Articles of Incorporation; Bylaws and Proprietary Lease; Vacation ~ Club Master Agreement and Membership Agreement; Vacation License Contract; Articles of Incorporation of Owners' Association; Bylaws of Owners' Association; Rules and ~ Regulations; and Management or Agency Agreement for the maintenance of the timeshare project and/or units. ~ 5. The name, address, and phone number of the managing agent of the project having authority to act on behalf of the developer and/or the Owners' Association in emergency situations. Any change in name, address or phone number ~ of the managing agent shall be filed with the Community Development Department and the Park City Business Licensing Division. ~ 8-23 ~ ~ 6. The name, address and phone number of the central contact ~ person for the developer and/or the ti.meshare project for business license, tax and utility service payments who will be responsible for making such payments on behalf of ~ the developer as provided by the Cimeshare instrument•. Any change in name, address or phone number of the central contact person shall be filed with the Community ~ Development Department and the Park City Business Licensing Division. 7. Whether the developer plans to offer resale assistance ~ andJor exchange program affiliation to timeshare interval purchasers. 8. A description of the methods to guarantee the future ~ adequacy, stability and continuity of a satisfactory level of management and maintenance of the timeshare ~ proj ect . . 9. Any other information that the developer or Community ~ Development Department deems reasonably necessary to the consideration of the project. (b) DPnial of New Timeshare Proiects. The creation of new ~ timeshare projects is a conditional use. The Planning Commission and other City departments sha.ll review the project according to the standards of review set forth in Section ~ 8.21., except that the consent of the unit owners is required only in the case of a conversion of an existing structure. Unless the applicant has established that there is no ~ seriously adverse effect on City services, or City finanees through the loss of sales tax revenue, or adverse affect on the use of convention and meeting space, the project's conditional use permit will be denied. ~ (c) FXis* ' agP=Qi=c~* s - Ef f ect of Timeshare Amenciments to Ordinances. Any timeshare project established by a timeshare ~ instrument wherein timeshare intervals were sold or offered for sale on or before July 16, 1981, and the rights and obligations of all parties interested in any such existing timeshare project shall, to the extent that the timeshare ~ instrument concerning such existing timeshare project is inconsistent with this and other ordinances relating to timeshare projects, be governed and controlled by the ~ ordinances of the City as they existed prior to the adoption of the timeshare regulation ordinance and by the terms of such existing timeshare project's timeshare instrument to the ~ extent that the terms of such timeshare instrument are consistent with applicable City ordinances other than these amendments; provided, that any expansion of an existing timeshare project or the creation of any additional timeshare ~ intervals therein must fully comply with these amendments. 8-24 ~ ~ ~ 8.24. SALE OF TIMESHARE UNITS (a) PrP.ale of Timeshare Intervalc, prior to the time that: (1) a ~ building permit has been obtained for a timeshare project other than a timeshare conversion or (2) a conditional use permit has been obtained for a timeshare conversion, a ~ timeshare developer may offer reservations to purchase timeshare intervals subject to the following requirements: 1. A reservation to purchase a timeshare interval shall be ~ binding upon the timeshare developer but shall provide that the reservation may be cancelled by the prospective purchaser at any time prior to the date that (1) a ~ building permit has been obtained for the timeshare project if the project of which the timeshare interval is a part is a timeshare project other than a timeshare ~ conversion, or (2) a conditional use permit has been obtained for the timeshare project if the project of which the timeshare interval is part is a timeshare conversion. ~ 2. The form of reservation agreement used by the timeshare developer must call for execution of a final contract of ~ purchase before the prospective purchaser is legally bound to purchase the timeshare interval, and execution of such final contract of purchase may not take place ~ prior to the date that (a) a building permit has been obtained for the timeshare project if the project is a timeshare project other than a timeshare conversion, or (b) a conditional use permit has been obtained for a ~ timeshare project if the project is a timeshare conversion. ~ 3. Any presale activity by a timeshare developer, its agents, employees or subcontractors must meet all requi.rements governing the offering or sale of timeshare ~ intervals other than the requirement for project approval pursuant to a permitted use or conditional use application. ~ (b) Violations of Recruirements. Any timeshare developer who violates the requirements of this section in the reservation of timeshare intervals shall be guilty of a Class B misdemeanor and upon conviction thereof may be punished by a fine and/or imprisonment as described in the current Park City Criminal Code. Each sale or other violation shall be a separate offense. In addition to criminal penalties for ~ violations of the provision of this Code relating to sales of timeshare intervals, the City Council may, upon hearing at which the timeshare developer is permitted to state his ~ position, rescind the conditional use approval, and vacate the J 8-25 - - ~ t platting of timeshare intervals or timeshare estates as to those units which are not sold as of the date of recision. 8.25. RF' ,Tn,ATTON OF THE PLACEMENT OF SATELLITE RECEIVING ANTFNNAG, (a) purnose. To ensure that satellite receiving stations do noti have an adverse impact on aesthetic values and public safety in residential, commercial and industrial areas, and the Historic District, installation of these devises is.governed,. by the following regulations. The intent of these requirements is to locate such antennae and equipment where they are least visible from public streets and public areas and, to the extent possible, provide screening from adjacent property owners. (b) permit Reauired. The installation of satellite receiving stations, unless otherwise provided in this ordinance, shall , be deemed a permitted use. It shall be unlawful to install any satellite receiving station without first having obtained + a building permit from the City. Plans of such satellite ~ receiving station shall be submitted with each application for , a building permit, which shall include a site plan indicating ~ the height, color, location, setbacks, foundation detail, ~ ` landscaping, and screening and such plan shall be subject to approval by the Community Deuelopment Department. (c) Installation Standards. The following standards apply to the ~ - installation of a satellite receiving station: 1. SeiQht. Ground-mounted receiving stations shalZ-be ~ limited to a maximum height of ten (10) feet above grade. Height of the receiving station shall be measured from the highest point of the apparatus to the finished grade j beneath the apparatus, with the apparatus set in its ~ operating position. Finished grade may not be raised to fonn mounds or berms to accommodate increased heights for ~ receiving stations. 2. Setbacks. Satellite receiving stations installed on the ~ ground must maintain aIl normal building setbacks applicable to the zone in which the station is located. If setbacks are not specified for the development, setbacks for the underlying zone must be met. The ~ Community Development Director may vary setback requirements if the most effective screening can be achieved by placing the station within one of the ~ required setbacks. ~ 3. Location. Al1 ground based receiving stations shall be located behind the front facade of the main building on ~ ~ - - - 8-26 ~ ~ ~ DEER VALLEY CLUB . RESALE HISTORY ` MEMBERSHIP ORIGINAL ORIGINAL LISTING SOLD CLOSED SIZE PUR. DATE PUR. PRICE PRICE PRICE DATE ROI CLUB #CT-4 04/14/93 68,000 89,900 87,900 02/15/95 29% CLUB #CT-15 09/23/94 82,000 85,000 85,000 06/21/96 4% GRAND #38 08/04/94 114,300 144,900 140,000 03/28/96 22% GRAND #27 12/23/93 110,000 157,000 144,000 09/18/96 31% CORP. GRAND #24 02/08/94 124,800 186,500 179,900 06/13/95 44% CORP. GRAND #11 03/15/93 94,000 189,900 186,500 03/29196 98% ROYAL #25 03131/95 179,900 189,900 175,000 03i28/96 -3% ROYAL #26 11/02/95 179,900 187,000 185,000 05/15/96 3% ROYAL #24 04/24/95 179,900 190,000 190,000 09/20196 6% CORP. ROYAL #1 08/15/93 142,800 221,900 210,000 03/17/95 47% CORP. ROYAL #3 06/08/93 142.800 225,000 225.000 05/01/96 580/o TOTALS: 1,418,400 1,808,300 27% file name: reslhist revised 9/16/96 Siiverlake Realty, on behaif of itself, its agents and employees hereby gives notice that it daes not warrant or guarantee the appreciation in value of any membership interest in the Deer Valley Club. The resale history contained herein is for informational purposes only and is not made or given as a promise or representation that any membership interest will increase in value over any given period of time. • ~ T he two fastest growing con- ing and cepts making an impact on Timeshar t industry today the resor are timesharing and condomini- "Condotelss"~ um hotel investments (condotel). ~ Timesharing is the concept by Valuable Additions Under which an individual purchases accommodations for one or more weeks for a number of years for a the Right Conditions one-time purchase price. He then pays only a small annual mainte- nance fee to use the accommoda- tion. There are a variety of Williarn Q. Dowling and Richard F. Marr condotel formats, but this article focuses solely on the concept under which an investor pur- sharing on one end appealing In order to have a basis of chases a hotel room which has primarily to the consumer and comparison, a mythical 200-rcwm been registered with the Se- condotels at the other end ap- hotel property has been created. curiLies and Exchange Commis- pealing primarily to the investor. Utilizing industry-wide averages sion (SEC) as a security, with a for operating performance, Fig- mandatory agency agreement al- Both concepts share three crit- ure 1 depicts the current year pro lowing the hotel management ical ingredients: forma for the property. On total company to rent the unit to • They generate "instant equity" income of $7.6 million, the prop- transient guests, with the investor through sales. erty managed to generate before- being able to use the unit only 14 tax earnings of approximatelv days per year. • They provide pmtection against $1,1 million. This was based on Interestin I, these conce ts downside operating risk an average daily rate of $75 with g Y P have not been fostered by the through annual purchaser sub- annual occupancy of 73 percent. sidies. traditional leaders in the industry. Rather, both have been pushed • They generate substantial fmnt- Timeshat'ing a Po2'tioII primarily by entrepreneurs in end profits. real estate development who have It is important to understand For the sake of this example, it had a very limited interest in the how both of these products have is assumed that 50 of ttte 200 hospitality field. But traditional- d I'°°ms are converted to timeshar= ists in the resort industry are now an impact on the operating an ing. These roorns are all convert- realizing that both timesharing financiai equation at a resort ed into one-bedroom suites with and condotels can be ef'fective property. 'Ib this end, the follow- new furnishings and fixtures. For pzrts of their development pro- ing compares a traditional resort conservative estimatioti P~' ~ c~r ses. hotet pro forma with the same grams. the $75 dai(y room rate is uulized property as it would look with a as the basis for determining the Financin as Common 25 percent sell-out on << timeshar- g ing basis and as it would look price of each timesharing unit. Denominator The one-bedroom suite (two with a 25 percent sell-out on a rooms) would then rent for $150 The underlying reason for the condotel basis. Inevitably, any per day, or $1,050 per week. explosion in both pmducts lies in such comparison suffers from Using a multiple of seven in the area of finance. In a period certain oversimplifications. All setting the timeshare price (a of high interest rates and lenders operating nunibers are based on minimum industry standard), requiring equity parucipation in industry averages as reported by each timeshare sale should aver- order to provide permanent fi- , Pannel, Kerr, Forster & Company, Qge $7,350 per week. The actual nancing, umesharing and con- and obviously no such property price would be seasan:illy ad- doteis are effective vehicles for exists. I'lie analysis ignores lax justed according to the seaso?i for funding development programs implications since tax treatment is H,hich a week's use was pur- that otherwise would have re- idiosyncratic, yet taxes'are a vital chased. mained on the shelf: Wliite iiei- p.u•t of <uiy develupment pro- ther timesharing nor condotels gram. Nonetheless, the purFxose The revenue resutts of the can solve all the financial prob- of the analysis is lo clarify how conversion are ciepicted in Figure lems of a resort, they represent a these pmgrams liave an impact 2. If it is assumed that 45 weeks range of uptions any property c>n resort operations as well as the are sold in each unii, there wouid owner shoulct consider, with time- sli<rrt-term cash Iluw. be gross revenue of $8.2 milliun. 12 March 83 / ~ ~ I It is cemsiderably more reascmable Figure 1 to :?.sume ihis level of sales rathcr than a lou prrceni Sel?-out. Timesharing and Condotel Comparisons Mal'keUllg COS[S are stipulllled Current lnitial Year In'itial Yar :Il 1i1C lt'\'Cl l)f 30 p(',1'C(:Ill l)f g1'Oti5 Hael OpeMioas Wilh Timesharin6 With Condael sales. lndusiry averages are run- ~°m° jS,SMNi07!i0 s2,WJ7.~:+ s3.9s.750 ning 42 percent, but this is FMA 2.224,678 2.171.347, 1,224.678 ritnaril~• for stand-alone ects. BeNe'ag~ 736.493 736,495 7~,445 ~m~ Telephone 107.398 107.998 107,398 Given the feeder traffic of this Other Operated Depanments 352.880 352.880 352.880 existing resort and based on the Renuls and Other Income 259.154 478,154^ 259.154 7'oul income S7.671.905 k.843,787 s7.671.305 experience of certain resorts in nq,rtme„tai c,om „oa F-xpen,~, che business, the 30 percent level Rooms s1.158.367 , s1.158.367 s1.158,3e7 I'ood and Beverages 2.378,105 2.521.096 2.378.105 can be achieved. TeiePno„e 168,769 168,769 168,769 Other Operated-'ilepanmrnu 260.824 260.824 260.829 The conversion costs 1SSUITIe 7ou1 Operaied Depanments Expenses f3.966.065 53.`•M/9A56 $3,966,065 that no strucwral work is re- T~l Operated Deputmenu 1~ f3.705,240 f2,934.791 $3,705,240 quired and that the bathrooms °°d""'b""d °p"'a°6 E"~°"' Administntan artd (;eneral $575,348 $513,284 $575.948 are in good cn•der. The primary Afanagemrnt Fees 161.097 143.720 208.8811 addition is a verattractive fur- Marketing rr~.isi 258.133 ~r.1ai y (:uest Entenainmmt 15.393 15.949 15.948 nishings package wich high quali- rrope«r operatwn5 ana Maintenance 429.593 429,599 429.593 t floor and wall treatments. E"°r~' 291.510 291,510 291.510 y Total Undistributed Expenses f1.772,072 $1,651.583 1.819,856 Income Before Fi:ed Charyes f 1;193.I68 $1,283,148 f 1.8li5.889 The other cost component is p„p" lkxh,oa Io,,,.,,,n debt retirement on this Nortion of Prupeny 7axes and Oiher Municipal ~ie Since the ori 1 Charges S191,783 $191,783 =191,789 I }?1'O{~ertti. g1Tl'3 Insurance on Building and ('wmtents 38,957 38.457 38 957 model assumed $2.5 million in Total Propeny Taxes and Inaurance f290,140 f280.190 f29u,j40 debt ou~standing, this analysis j~`~ °~~°ib" F'=`d ~"E" s1.703,028 s1.053,008 t1,655.244 rM assumes that 25 percent of this lnterest Expensr f9'.k1.500 f337.125 $337,125 must be retired. Z'he results are ~preciatWO" 171,424 137.143° 187,148 1'avmenu io Owners -0- 347•883 $4.6 II71II10? 111 pl'OCeedS. Tbcal Othu Fixed Charges $620,929 $474,268 $817,151 Iocome Before Gain From Sale of Property $1,082,099 $578,740 f838,093 7he operating statement and Gain or Lou on Sale of Properry -0. f4.664.125 =3,400,000 comparison for the property con- '°`°m` B`roK iMome Ta:h i1.082.099 f5,291,865 f4,288,093 tained in Figure 1 displays the ""'°°a'°"' typical hotel oPerating fgures a Fixcd debt asxumeJ ai 12•5 milliun with a NW0INNI oprrning liur ol crtrlit. Insc- et pnme plus twu wints. b. Auume a 36 millwm Insis. and compares them with the c. Based un the 15 suWes m45 weeks wnh dhrce Nersrnts per iuiie wii6 v Cill prrt<nt of MMd fund milicatiun rue. d. Annwl mainirnance mimmeJ m S100 per unit wxek. same property having 25 percent e. «lY 80 a.«nt arpny,Kal ,,um araBaWe Mrikprtcutim. of the inventorv of rooms de- ~based on 5 percrni o( gnxis plus 10 percem of nei c.wu:.t iernix. voted to timesharing. Looking solely at operations, room reve- nue is necessarily down because u~ v 50 rooms have been removed Figure 2 from inventory. Food income is Timeshare Sales Revenue down marginally because of the chan Convert 50 hoiel rooms into 25 one-bedtvom timeshare suiies. ge ITl OCCllp3i]CYpSIIeTI1S. Average rate for suite of $150 x 7 days f1A50 BC'Yerage, telephone, and other Multiple fur timnhare costing $~,351 operated deoartmental income ~%mt Per srgment remains constane. Rentals and Assume sell 45 weeks per unit. other income is increased by the annual maintenance fees paid by the timesharing owners. All ex- Timeshare Net Revenue penses are adjusted accordir.gly. Gmu Sales Revenue $8,268,750 l.ess: Markaing ('wxu @ 30% 2,480.625 The pattern displayed is typical Cost u(Gonversion @V V 0.0001 rtMim 5100)0 for timesharing operations. Op- s5.2KK,ijS Net Salrs 1'nxeeds eraeing income drops significantly Less: Uebt Reiircment 625,UW alchough the relacive exposure is ~I'otai Pnxeeas s4,663,125 reduced. I`et operating profit after all expenses and fixed charges drops to $578,740. The HEM ~ / March 83 13 major impact of timesharing, however, is the gain reatized on Figure 3 the sale of the intervals. Overall profits for the year of sale are Condotel Financial Model five times what they otherwise acuvanry 'q~' Avrrage Daily Ram S15 would have been. Room Rrve„ut ccma? s~"•""="a Haet Openting Expenses Condotel For a Portion Rnoms Depanment i5.791.84 'I'elephone (De6cit) $IHi.Rf. The motivation of the condotel Administntion and Genenl 1•4`-~8•78 unit purchaser is considerably Ma ~ g r( , , :a; different fmm his timesharing Pmperty Operation and Maintenance 1.119.09 ;:,~~.sr counterpart. In the condotel, the ~ 191.79 tax shelter considerations com- - ToW expenws s12.208.26 bined with a desire to realize the benefits of property appreciation T3etOpendngProEit S%•~%~~~K are the driving concerns. Inte'es' $I tqlzKs Property Taxes Fi ure 3 dis la s the financiai Total Propeny C:osts g p y OtherThan Mortgage Pcincipk S12.305.31 model that would be presented to Na ProFit (loss) BeEore Depsec'sacion (4s29.83) a condotel unit purchaser at the Net~Q~Pro~~7O (~~.tlKq.~~tj) fit (k~s) mythical property. It would show Net fMofit (kus) 8efore Depmciaiion (4•829.83) him that at current o eratin Mortgage Principal 1++.4~~ p. g Cuh Flwv 8efore Tazes (Defcit) (4.fi74.29) conditions he can reauze a 16.4 'i'ax $avings at 50Sb Bracket 7•792•0= percent yield on his $19,000 Cuh Flow Afler Taxes 3•117.80 downpayment. While he has a Yield On 20% Downpayment 16.4% negative cash flow during the initial year, he will hope to re- - verse this as mom rates go up. . For tax purposes, however, his Figure 4 position will continue to reflect a cax toss. Condotel Sales Revenue The resort's revenue position Sak oC 50 Rooms @ f95,0oo/xooin $4'4~~.~0~00 with the conversion is reflecced in 1<ss: Markning Cosu @ 10% =~o ~ Cou of Conversion @ 55.000/Rvom Figure 4. Assuming that each Condotel Net Revenue j{,025,01(1 room is sold for only $95,000, Less Debt Retircment 6230N1 and many prices for a studio are Toial Proceeds s3•400•iM already considerably higher than that, $4.75 million in gross sales are generated. units. The operating position of It could allow a property to F-- ,m this sum must be de- the hotel with condotel units does expand with new rooms or reftrr- ducted marketing costs at 10 not change materially. The rooms bish old ones. It can retire out- percent of sales which includes must still be marketed and standing debt or make major the costs of both SEC and state cleaned. Standard profits sharing improvements to common areas registrations. Additionally, there provisions can increase the man- and facilities. These are all desir- is $5,000 per room allowance for agement fees. Further, there are able things that the timesharing improvements as well as the debt payments to owners f'rom the and condotel concepts can do. reduction provision similar to that operacing profits. Together these However, there are also some provided for the timesharing op- items would reduce the operating things that these concepts cannot tion. This results in a$3.4-million profit of the hotel by roughly do. net pmfit on the conversion of $250,000. However, the risk was the 50 rooms. also reduced considerably. • They cannot save a bankrupt re- sort. Pro Forma Comparison Lessons of Experience •"1'hey cannvt lx>ost oxcupancv ill a resort destinauon that is not Figure 1 compares all three When one looks at these num- doing well. alternatives. It displays regular bers ic is easy to stari tliinking • They cannot provide custumers hotet results, timesharing opera- almut what $5 c?r $(i millic>n of 52 weeks a year. tions, and the impact of condotct new capiiaf cuulcl do fior a resort. •'I'hey are not selE=fundin};. 14 Mardh 83 / ~ ~ 1 '''lie tirneshare and condotel • llo look at a,ndotcis as a ncw • Do not let your resort's sales programs are very complex :und method of' financing your re- department try to market it fi>r c:in rasily br failures unless the sort. you. Me>sc hotel sales people are resort knows whal it is elc>ing, ge.u~ed tc~ "servicin~;" clieius, First, startin~ with the condotel ~O t1Ot look .it it as ~he not "selling" them. concept, some dos and don'ts: answer to occupany pivblems. Once you have sold out all • Do not be tempted to overprice • Do find a lawyer who has condo rooms you still have to your resort. Many resort opera- handled a condotel filing with market the hotel to guests. tors see the big numbers time- the SEC before. Otherwise you Condolets reyuire very special sharing generates and get will spend a fortune while your legal and marketing expertise. greedy. More resorts have failed counsei trys to educate himself. Done successfully, however, they because of overpricing than any • Do not try to market a condotel can finance resort gmwth. other reason. program yourself. There are • Do not try timesharing if you i•ery strict laws in each state As for timesharing: are under-financed. While time- affeccing condotel sales. ln sharing revenues are high, so many states they can only be • Do hire an experienced time- are marketing costs. They are sold by someone who has both sharing lawyer. Timesharing is running as high as 42 percent a securities broker/dealer li- not as complicated legally as in some places. Start-up costs cense and a real estate license. condotel, but most states now will be about $50,000 to N'iolations of these laws can have passed special legislation 100,000 even for a sma(I time- msult iu stiCf lines, or jail, or conu•olliug huw timeshanres can sharing program. both. be marketed and developed. • Do sign up with a timesharing exchauge network. There ar, two main ones in the industry: Reson Condominiums.Interna- tional (RCI) and Interval Inter- national (II). These organiza- tions provide the means by which a prepaid holiday at one ~ resort can be exchanged with someone else from another ce- sort. You cannot sell timeshar- ing to people uniess you can ~ of"ter tliem the opportuuity to ` exchange. 1'he only exception ' is if your property is part of it chain and you can oi'fer chaili- . wide discounts. ~t1 ~ ` + ' • Do be careful that the timeshar- ~r • • ing sales organitation you - - ' -r` • choose is honest and has the ? ~ ~ liighesl integrity. , "I'he timesharing and condotel - ~ concepts are nex right for every . - 4:w-~•".~6-y:.~.p~i-.~_ resort. The underlying principles, _ . ' : • _ _ - - - however, do have broad ap- "j:-~:' licabilitY 'uid will be p•u-t of the . ,-......_.w-~. Y....,. . - p resort industry in a number of' forms f'or many years to come. William Q. Dowling and Ricliard F. " - Marr are principals in the New Yurk- IVbased tnarketing tu•n?, llowm.u• Inler- _ national Ltd. Z'hry are currendy ' involved in tiineshare an(i condotel The Villas at Cupecoy, St. Maarten, Netherlands Antilles, provide timesharing and pr)jects in Colorado, Vermont, Flur- condocel opt;ons within the same property. ida, the Cxribbean, and Europe. E1 ~ / March 83 15 GLOSSARY OF TIMESHARE TERMS Club Membership - Typically, no real estate interest is conveyed. Buyer receives a single ownership interest that carries with it the right to an accommodation at all projects in the clubs system. Fee Simple - Ownership tied to a particular unit, which is owned in perpetuity or until sold by the owner. Owner receives a fee simple deed wtth title insurance. Close to 90% of U. S. timeshare resorts currently sell on a fee simple basis. Fixed Time - Purchaser owns the same timeshare week in the same unit year after year. Floating Time - Owners are assigned a particular unit or week. They reserve each years vacation time on a first come, first serve basis. Fractional - Provides owners with rights to intervals longer than a traditional timeshare unit week. Typically, one quarter (1/25) of a year share, one eighth (1 /8) of a year share or one tenth (1 / 10) of a year share. Leasehold Product - All ownership rights in the real property are assigned for a specified number of years. Right to Use - Confers no ownership on the underlying real estate. This forum gives buyers access to the property for a specified amount of time. Sales of Receivables - Receivables are sold to a lender for a discounted price. Lender services the receivables and receives legal title. Split Time - Allows owners to split their weeks, generally into four night weeks and three night weekends. F:\EV ERYONE\GEORGE\MEMOS\TIMESHAR.GLO DEC- 5-96 THU 18:06 TWEED KEZZIRH FAX N0. 7196337466 P,O1 KEZZMWAU9N,S, VAiL TQWN COUNCIL CQMMUNITY COLLABORATION SESS{ON l7ecember 10, 1996 AGENDA 1. Session overview : II. Definition and brief review of public participation principles ¦ Why "decide, announce, defend" doesn't work fll. Review and group discussion of respective roles of elected officia(s and staff members in the practice of public participation ¦ Can community collaboration and representative democracy co,exis#? ¦ Consensus decision-making vs, win-lose N. Discussion and debrief of current projects; assessment of strengths and weaknesses of recent public participation processes ¦ West Vail fnterchange ¦ Ford Park Management Plan ¦ GRFA ¦ Vail Tomorrow V. Review and discussion of community expectations of the Town of Vail when it comes to public decisiQn-making ¦ People are noticing the new approach ¦ Making the community fransition ¦ Lionshead as on example VI. Review and discussion of what people expect when it comes to honoring the process - ¦ What does "open, honest and fair" really mean? ¦ Is it possible to be responsive and responsible? ¦ How to handle "11 th hour syndrome" Vl[. Assessing the poiitical ramifications of community collaboration as a way of doing Town of Vail business ¦ New rules for ev on Vfll. Review and discussion of community reactions you mighf eacpect from the Vail Tomorrow process a Setting the standard of leadership in the Vail Valley 1415 Wvbt C;lieyrnne Mntinrain &,uleward, Colorado tipringti, Cc)loraclu HU9UG 719.633.10420r 71'),Gi3.7()RO FAX 719.G33.74G1i MEMORANDUM TO: Town Council FROM: Andy Knudtscn RE: Vail Commons Reserve List Lottery Update DATE: December 10, 1996 As you know, all 53 Vail Commons units were put undcr contract scveral months ago and several closings already have occurred. Quite a few people on the original c•eserve list }Zave, in fact, been able to move into contracts over the last several months. With only a few peoplc lcft on the original rescrve list, it is desirable to add additional ready, willing and able applicants to the reserve list at this time to be available to step in in case any of the contract purchasers is unable to proceed to close on the purchase. As a result of the most recent advertisement for applications, five applications have been reccivcd. Staff will coordinate with Mayor Armour to conduct a lottery for the five applications rcccived, as prcviously agrccd by Council. The devcloper would like to have a few more on the rescrve list, and scveral pcoplc have expressed intcrest but did not make the Deccmbcr 3 dcadlinc. Staff proposes, and seeks Council's agreement or moditication, to advertise an extension of thc dcadline for applications for thc rescrve list and to hold an additional lottcry for any additional submittals. Staff proposcs to work with Warncr Dcvclopmcnts on thc timing of thc subscqucst application dcadlinc and lottcry drawing, sccking to sct it for aftcr thc holidays, if fcasiblc. The additional lottcry would, in cffcct, bc a sccond ticr drawing likc thc scvcral ticrs of lottcrics in thc original Vail Commons lottcry last Spring. Please advise staff during the Information portion of the Council worksession if you wish to modify staff s suggested approach. c.c. Bob McLaurin Tom Moorhead Susan Connelly ~ ~ ~ GPand o enin of Vail ~ p 9 ~ ~ Commons a milestone ~ ~ Br RoB McCAt.LUINi ~ "ui'y 5ta«Wi-iti.t- "TIZZS pY0j2Ct ZS ZUhClt VA1L - The first group of Vail Commons home- owners gathered Tuesday evening for the grand open- JtP~t yjle 1Yl Y~lll. YOII ! ing of the Vaii Commons housing project. The event `~r' was attended by new and old council members, and need thinps like this to everyone agreed that despite the controversy sur- •i. D rounding the proJect it is a milestone in Vail's history. ~ ~ "This project's come a long way since it started," keep yoi-cr loeal zvorkers.'~ Vail Mayor Bob Armour said. "We've been talking about housing, homes and locats for a iong time. As a Jorge de /a Tnrre ~ community we've made great strides and would like to continue to do that." : • executive chefnt Mid-Vai( . In ali, 53 two- and ttvee-bedroom condominium and townhouse units will be constructed on the town- , owned 6.6 acre parcel in West Vail once the project has been completed. But thc grand opcning of the aflorci- City Market and aU the pcople who wocked to make thc ' able hou,ing tinits marks much more th;in the nearing pi•oject cume togethcr. complction of thc project. Armuur conimcndcd formcr mcmbers oF lhc Town ~ `.I want to tcll you how excitecl we arc; to bc here,.• Council for thcir pci:tiistence .und vision and thc dc:sign- s,tid J.R. Rulapawgh, hcact brcwm:istcr 1'or thc Huhcap ci:ti and dcvcl«pcrs for U?cic cr+tical thinking anc! prob- [3rewcry. "A{'ter 10 years, this was our last stab at a ~en,_solving skills. As for the finishcd product, Artuottr placc in Vail. was sonicwhat stu•prisecl. "Thc attcntion to dctail fur said. 1 "gWc rcw kunp inow a Colora dozedn o .i pcondplIc who wantcd ,urc to mbcoving hcrc, i,.nthco tiurpissed my cxpectationti. Thcsc arc homcs,,• hc said. this pt•oject that have becn here I'or ycars." And Cor Andy Ksiudtscn, thc lowii's senior housing Jan Strauch, who m.tny say lost his hid for rc-clcc- 1~~'licy plcuincr, thc light aU thc cnd of thc tunncl is def- _ tion to Town Council bccausc ol' his position on V:iil initcly arpro.iching. "I'm ju5t ccstatir that wc h,?ve ,1 Cc»mmons, abrccd witti Rulap:tuoh and said tu hiin, Product that wc can walh into aiid walk strouncl and sc:c ..Thc idc,i that this could havc bccn a last chancc for a Utc lights un and h.tive pcoplc i? affordah{e housing,,• - lol ol' pcoplc is critical." hc said. , Jorge de I;i Torre, executive chef at Mid-Vail, was "~~~~c major focus of tonight was to celebrat~ the another h~ippy nc~v homcowner with a similar opinion. ~~ecision of thc first 16 homeowners that have rcally "I think it's grcat;" hc said. "This projcct is what kept <<e<<ded to P«t down roots in Vail, invest in thc com- me in Vail bceause I could riot have afforded to live any niii?iity and stay here instead of movin.-I downvalley, other way. Anywhere else, I would have becn able to Thcse 16 homeowners decided to stay here and wc live in a nice place or apnrtment. You need thinos w1nt to celebrate that decision," he said. . like this ro keep your local workers." Although the occasion marked the ofFicial opening ' With a champagne toast,l spread of luncheon meats of the Commons, there are still some units left to coni=' 4 and cheeses and punch for the kids, everyone took a plete and they are scheduled to be finished by the fol-,' ~ moment ro thank Mark Donaldson of Victor Mark lowing dates: eight units on Dec. 31; nine units o0an:' Donaldson Architects, Bobby Warner of Warner 31; seven units on Feb. 28; nine units on March 31; and ' ~ Developments, John Caldwell and Tony Prinster of four units on April 3. % i'" • . tri, ::v i ~ Kevin Folev's Topics for Discussion l. Fines for parking in private parking places 2. Consider letter of support for the proposed bicycle trail from Canyon City to Dotsero for Arkansas Headwaters Recreation Authority for GOCO grant II - Iy TOWN OF VAIL 75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 970-479-2105/Faz 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager~-- DATE: December 5, 1996 SUBJECT: Animal Control For several years the Town of Vail has contracted with Eagle County for Animal Control Services. This service was provided through an Intergovernmental Agreement between the Town and Eagle County. The substance of this Agreement was that the Town of Vail would pay $23,187.48 in exchange for Animal Control Services. This IGA will expire December 31, 1996. It is our belief that it is in the Town's interest to continue this relationship for the coming year. We have prepared an Intergovernmental Agreement with Eagle County for Animal Control Services for the calendar year 1997. This Agreement is essentially the same as the one that was in effect this year. Essentially, the Agreement provides for "600 randomly scheduled patrols" throughout the year. As indicated in Section 6, the proposed compensation for these services is $1,975.30 per month. This is an incre.ase of $43.00 a month over our present agreement. It is our intention to execute this document. Please review it and let me know if you desire changes or modifications prior to execution. If you have questions or need additional information please feel free to contact either myself or Tom Moorhead. RWM/aw Attachment ~,5~ RECYCLEDPAPER INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL This Agreement made this day of , 1996, by and ` between the Town of Vail (the "Town") and the County of Eagle, State of Colorado (the "County"). WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18, Article XIV, of the Colorado Constitution; C.R.S. 29-1-201, et. seq. and C.R.S. 30- 15-101. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The #erritory covered by this Agreement is all of that certain property legally described as the Town of Vail SECTION 2. DEFINITIONS. Emerqency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 23798 Highway 24, in Minturn, Colorado, and any other shelter facility operated or designated by County. Unclaimed Dav is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Control Services within the Town of Vail. The County shall provide: A) 600 randomly-scheduled patrols, consisting of inspection tours looking for . violations or responding to complaints. B) Twenty-four hours per day Emergency On Call service through Colorado State Patrol Dispatch. C) Administration and enforcement of the current Title 6, Animals of the Municipal Code of the Town of Vail presently in effect and as may be subsequently amended as applied within the Town of Vail. D) The County shall provide the Town with quarterly reports and an annual report of services provided pursuant to this Agreement. Such, reports shall include the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued. E) Emergency On Call service will be provided during the period when an Eagle County Animal Control Officer is not on duty. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town of Vail will provide personnel to "secure" the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve said incident. F) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Vail and animals owned by persons dwelling, permanently or temporarily, in the Town of Vail. SECTION 4. OFFICIAL STATUS. For the purpose of pertorming the Animal Control Services and functions set forth in this agreement, Eagle County Animal Control shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Vail agrees to pay the County, monthly, the sum of $ 1975.30 based on estimated patrols and on estimated sheltering requirements of (on average) 145 dog Unclaimed Days and 150 cat Unclaimed Days. The Town of Vail agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous month plus any additional billing received for Response to On Call Emergencies. Responding to On Call Emergencies: $25.00/incident. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. The County shall administer the County's Dog Tag Program for the Town. Monies collected from residents of the Town shall be applied in a 60-40% relationship with the Town receiving 60% of those fees collected for pog Tags from residents of the Town of Vail. SECTION 7. PERSONNEL. The Eagle County Animal Control Officer shall have full cooperation from the Town of Vail, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Control Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Control Services for the Vail pursuant to this agreement, shall be County employees, exceqt for Town personnel used to "secure" the scene as described in Section 3, above, and except for employees of Animal Hospital of Vail Valley, Inc. or other operator of the Shelter. 3 SECTION 8. LIABILlTY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts, errors or omissions or that of it's agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liabili#y arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. 4 SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 1997, and shall end on the 31st day of December, 1997. Either party shall have the right to terminate this Agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all other duties and obligations under this Agreement. Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set.forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Attorney Town of Vail 75 S Frontage Rd Vail, Colorado 81657 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either Party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. . B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5- e • C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whofe agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the lega( abilify to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY: BY: Clerk to the Board of George A. Gates, Chairman County Commissioners ATTEST : TOWN OF VAIL BY: BY: Town Clerk Robert W. McLaurin, Manager 6 ~ FOR IMMEDIATE RELEASE December 4, 1996 ~ Contact: Maxine Miller, 476-8038 Coordinating Team Member TEAM TRAINING SET FOR DECEMBER 11 & 12 AS VAIL TOMORROW COLLABORATIVE FOCUSES ON SPECIFIC ACTIONS IN FOUR GOAL AREAS (Vail)--Team training on Dec. 11 and 12 is the next step in the Vail Tomorrow community collaborative. The training will provide an orientation for the four teams that have been formed to address Vail's top priorities for immediate action. The priorities-- natural and built environment, affordable housing, building community and regional cooperation--were selected from among 11 goal areas during a community conference in November. Teams will have until April to sift through dozens of action ideas brainstormed at the conference. The training on Dec. 11 and 12 will provide a framework for how that work will be accomplished. The schedule for team training is as follows: affordable housing, 3 to 6 p.m. Wednesday, Dec. 11; building community, 7 to 10 p.m. Wednesday, Dec. 11; regional cooperation, 3 to 6 p.m. Thursday, Dec. 12; and natural and built environment 7 to 10 p.m. Thursday, Dec. 12. All sessions will be held at the Evergreen Lodge in Vail, 250 South Frontage Road West. Free parking will be available on site. The team training will be led by Tweed Kezziah and Susan Watkins, facilitators for the Vail Tomorrow process. Anyone wanting to join a team is welcome to do so, said Maxine Miller, a volunteer who's helping to oversee logistics of the Vail Tomorrow visioning project. "More than 100 people have already signed up," she said. "No particular skill is needed other than (more) P.O. Box 1019 • Vail, Colorado 81698 • 970-479-2451 • http://vail.net/Vail-Tomorrow Vail Tomorrow Training/Add 1 a real commitment to working with others to heip make Vail a better place." Those interested in joining a team or attending the training are asked to contact the lead volunteer in each goal area of interest: affordable housing, Jon ftIker, 845-8080; _ building community, Gilda Kaplan, 476-9200; regional cooperation, J.W. Hermes, 949-5880; and natural & built environment, Elaine Waddell, 328-4433. Following the training, teams wil4 have the next four months to partner with corresponding agencies and organizations to sort through the suggestions. Then, their recommendations for actions will be reported back to the community at a"Create Vail Tomorrow" conference in April 1997. The Vail Tomorrow project is a 10-month-long community action planning process involving anyone who cares about Vail's future. It was launched in June by the Town of Vail-Vail Associates Community Task Force, which was formed to help implement the managed growth agreement between the two entities. Thus far, Vail Tomorrow has involved more than 1,000 residents, employees and second homeowners and has received the endorsement of 28 agencies and organizations throughout the area. For more information, call the Vail Tomorrow line at 479-2451. # # # c ~ *IL TOWN O75 South Frontage Road Yail,.Colorado 81657 , 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY , . December 4, 1996 Contact: Suzanne Siiverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 3 Work Session Briefs Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas --Site Visit and Discussion of Ordinance to Amend SDD #5 (Savoy Villas/Simba RunNail Run) In preparation for the evening meeting, the Council toured the site and reviewed the applicant's request to modify the previously approved development plan for the Savoy Villas development at 1230 Lions Ridge Loop. The ordinance was later defeated by a 4-3 vote. See evening meeting briefs for more details. --Discussion of Supplemental Appropriations Ordinance The Council reviewed an ordinance to add $1.2 million to the Town of Vail 1996 budget. Finance Director Steve Thompson said the supplemental appropriation is tied to unexpected expenditures ($310,956) for snow removal, Vail Tomorrow and a 911 tape backup; use of department savings ($10,300) to purchase new library materials and finish recodification of the TOV municipal code; pass-through reimbursements ($112,332) including the Gypsum/Eagle bus route and library grants; and a transfer from the general fund balance to the capital projects fund for 1997 projects ($750,000). Thompson said a portion of the $310,956 in unexpected expenditures will be offset by savings generated by benefit costs, police salaries and bus operations. The Council later approved the appropriations on first reading at the evening meeting. --Request for Removal of High Debris Flow Hazard Designation At the request of the applicant, the Council tabled to Dec. 17 its consideration of a motion to remove a high debris flow hazard designation from 2645 Bald Mountain Road. The applicant is awaiting a letter confirming geological analysis of the site. For more information, contact Russell Forrest in the Community Development Department at 479-2146. --Information Update There were two announcements from Town Manager Bob McLaurin: one regarding World Cup race credentials; the other a reminder about the TOV birthday party an Dec. 6. , (more) RECYCLED PAPER l ~ Add 1/TOV Council Highlights Paul Johnston asked for an update on the Pubiic Works housing project. Andy Knudtsen, senior housing policy planning, said a request for qualifications would be sent out soon to solicit a design team to look at the site and offer assistance. Knudtsen said the preliminary plan calls for between 12 to 35 units of 450 to 550 sq. ft. Specific densities will be set by the site planners and architects who will study tf~le site in further detail. --Council Reports Rob Ford encouraged fellow Council members to participate in the open door sessions at the Daily Grind on the first and third Tuesday mornings. Bob Armour reported on a ribbon cutting at the Cascade Club which has undergone a $2 million renovation. He also said he's received phone calls on the Village popcorn wagon issue. After a brief discussion, Armour agreed to route addition popcorn wagon calls to the town manager. --Other Sybill Navas shared complaints she's received from organizers of the Holiday Fair, which was held at the Marriott several weeks ago. Navas said organizers were critical of the way the Police Department handled parking issues and have threatened to move the event out of Vail in the future. Town Manager Bob McLaurin said he and the police chief are working to improve the difficulties associated with parking shortages and offered to contact the organizers to apologize. In a related parking discussion, Rob Ford complimented the police department for placing empty parking ticket envelopes on cars which had been illegally parked along the Frontage Road to help discourage others from adding to the problem during the weekend of Nov. 12. During a Council discussion last week, members reacted with concern after assuming the envelopes had contained tickets. Sybill Navas inquired if the A&E channel will be maintained by TCI Cablevision. Town Manager Bob McLaurin said he has received word from TCI that A&E will be retained. Paul Johnston asked for clarification of a letter from Public Works Director Larry Grafel to the contractor working on the Vail Village Club (formerly Seranno's) regarding the delivery of materials to the site. --Red Sandstone Housing Development After reviewing a letter from Jim Lamont, executive director of the East Village Homeowners Association, which expressed concern about various aspects of the Red Sandstone housing proposal and its review process, the Council agreed to postpone second reading of a pair of ordinances associated with the project. The rezoning and Special Development District ordinances, which had been scheduled for second reading last night, were pushed back to the Dec. 17 evening meeting. Lamont has indicated the homeowners association has a long standing concern with public policy issues associated with the project, preservation of open space and equal application of the law. Specifically, the homeowners have offered three points: 1) sale of units on the (more) i Add 2/TOV Council Highlights open market (no resale deed restrictions) should not be allowed; 2) units allocated for rent, lease or purchase by TOV or water district employees should be limited to critical emergency response life/safety personnel; and 3) all other units should be allocated for rent, lease or purchase through an open lottery similar to the Vail Commons project. During discussion, Town Attorney Tom Moorhead reviewed the content of Town Council meetings on March 19 and July 9 to recap creation of a 9-point agreement between the Town and the water district, which includes the possibility for the free market sale of up to 25% of the units to help make the remaining units more affordable. " - Several Council members, including Paul Johnston, said they wanted to nail down additional details on the free market issue before moving forward with the ordinances. The extra time will be used for additional discussion on: 1) how free market units would differentiate from deed restricted units; 2) what would trigger the need for a free market unit; 3) how the deed restricted units be distributed under a partnership between the Eagle River Water and Sanitation District and the Town of Vail; and 4) Forest Service reaction to the ordinances proposed. For additional information, contact Andy Knudtsen in the Community Development Department at 479-2440 --Vail Commons Open House Council members then attended an open house at Vail Commons to welcome the development's 16 newest residents. Former Council members Tom Steinberg, Jan Strauch and Merv Lapin joined with the current Council to celebrate with the first group of Vail Commons homeowners. Evening Session Brieis Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas --Citizen Participation There was no citizen participation. --Amendment to Special Development District # 5(Savoy Villas/Simba RunNail Run) The Council voted 4-3 (Foley, Armour and Jewett against) to deny an amendment to the Special Development District. The proposal would have added an additional story to building # 5 to accommodate one additional free-market unit for a total of two free- market units and two employee housing units within the project. In recommending approval of the amendment, the Planning and Environmental Commission had recommended expanding a 600 sq. ft. one-bedroom employee housing unit to a three- bedroom employee housing unit, which caused the need for another level on the building. The PEC had also recommended that two enclosed parking spaces be provided. During Council discussion, it was noted the amendment would add 1,308 sq. ft. of gross residential floor area (GRFA). Several Councilmembers said they saw no reason to add another level to get a larger employee housing unit and expressed concerns about increasing the size and height of the building. For more information, contact Dominic Mauriello in the Community Development Department at 479-2148. --Supplemental Appropriations The Council voted 7-0 on first reading to approve a supplemental appropriation in the (more) L Add 4/TOV Council Highlights December 17 Evening Meeting First Reading Ordinance #22, time shares Second Reading Ordinance #18, SDD #5 Amendment Savoy Villas Second Reading Ordinance #25, Supplemental Appropriations Appointment of Marketing Board positions ~ Campisi Appeal TOV 30th Birthday Reminder Please join Mayor Bob Armour and former and current members of the Vail Town Council on Friday, Dec. 6, in celebration of TOV's 30th year of incorporation (1966- 1996) and for the reopening of the newly-remodeled Vail Transportation Center Terminal. Open house is from 9 a.m. to 3 p.m. at the Transportation Center. A special ribbon cutting will take place at 1 p.m. And, all the birthday cake you can eat. # # # , Add 3/TOV Council Highlights amount of $1.2 million. Please see work session briefs for details. --1997 TOV Budget The Council voted 7-0 on second reading to approve the 1997 TOV budget. The budget includes an additional firefighter position for a net cost of $34,OQ0. During discussion, Town Manager Bob McLaurin said the town is still hoping to find funding partners to *construct roundabouts at the West Vail interchange next year. Kevin Foley asked about the possibility of separating the bike path on the south side of the proposed roundabouts to increase safety. McLaurin said the issue would be brought back to Council for additional review. --Red Sandstone Rezoning and Special Development District The ordinances were tabled to the Dec. 17 meeting. Please see work session briefs for more details. --Resolution Norwest Investment Services The Council voted 7-0 to approve a resolution authorizing employees of the Town of Vail to purchase, sell, resell, to Norwest Investment Services, Inc. --Presentation of Investment Report Next, Christine Anderson, finance and budget manager, presented and explained the town's investment policy. The presentation is presented annually to the Town Council as part of the town's investment policy. --Town Manager's Report Bob McLaurin reported planning for the 1999 World Alpine Ski Championships are beginning to gear up. As chairman of the Municipal Services Committee, McLaurin said he would be attending the 1997 World Alpine Championships in Italy early next year. --Announcements Downhill World Cup races on Friday; Super G on Saturday; TOV birthday party on Friday. UPCOMING DISCUSSION TOPICS December 10 Work Session PEC/DRB Review KezziahWatkins Community Collaboration Follow-up to Support TOV Critica( Goals Council Executive Session December 17 Work Session John Gulick 20 Year Anniversary PEC Review Interview Marketing Board Applicants Discuss Ford Park Management Plan Discussion of Ordinance #22, time shares Site Visit, Campisi (more) Town of Vail Employee Newsletter December Issue ALK OF THE TO For the December safety meeting I have GO EASY ON... invited Katie Mazzia from the Vail Valley * Nuts Medical Center to come and speak about * Chips Crackers nutrition and holiday eating. Here is some ~ Dips information that may be useful for you to * Olives make it through the holiday season. * Mayonnaise Weight maintenance reminders... * Butter/margarine HOLD THE 'STUFFING' * Candy, cakes, pies, cookies - Get enough rest * Sour cream -Get 30 minutes of brisk exercise to reduce stress * Cream Cheese and bum calories * High-calorie punches/juices -Don't skip meals, especially breakfast * Eggnog -Eat slowly; savor each bite before swallowing * Stuffing -Don't eat standing up Gravy ~Stop eating when you're full * Cheese -Sample foods you love; ignore the rest * Fariy deli/processed meats -Avoid or restrict alcohol; drink lots of no/low cala * Fruitcake rie liquids to keep your hands busy REMINDERS FOR THE -Drink a glass of water or nonfat milk before meals THOUGHTFUL HOST to take the edge off your apperite Never push FOOD. Your guests may have -Practice saying, "No more, thank you." various reasons for not wanting more food, or -Send guests home with doggie bags; give the food not wanting to eat a particular food (e.g., weight- presents you receive to charity watching, allergies, doctor's orders, vegetarian -As a host, concentrate on making a beautiful diet). presentation of healthier foods, rather than a copious presentation of belly-busting foods. If a guest says, "No thanks" --believe it. Allow guests to control their portion sizes Note: When you extend an invitation, ask about -Resist the urge to bake. For gifts make jellies, special dietary needs. jams, barbecue sauces, etc. Don't make a special dish and insist that a guest ' eat it "because I made it just for you". NEVER PUSH ALCOHOLIC DRINKS. ' People who are recovering from substance abuse, those who have certain medical conditions or who are taking medications, and/or those who have Department News Page 2 moral objections to alcohol should not be New Employees Page 3 harassed. Safety Message Page 3 Recognition letters Page 4 Provide attractive alcohol-free beverages at all Employee spotlight Page 5 get togethers. Special information Page 7 Source: The Hope Heart Institute, Seattle 1 ~ December Issue Town of Vail Employee Newsletter DEPARTMENT NEWS... Sit & Reach (inches) Police Department: 1. Audrey Gulick 24 In continuing the Police Department's Community 2• Dick Gericke 24 Oriented Policing efforts, the patrol section is 3. Mike Bulkeley 23-3/4 achvely contacting all the Town's retail businesses. 4. Claudia Dahl 23-1/4 These contacts are to advise the merchants that we 5. Kris Cureau 23 have divided the Town into sections and each 6. John Ferguson 23 section will have their own patrol officers to ~ research problems they may have, assist them with Sit - ups 1 min.) a variety of seminars, and generally improve the 1. Dick Gericke 60 police department's working relations with the 2 JeffLayman 53 community. These efforts have met with a very 3. Mike Warren 51 favorable response from the merchants. We are 4. Jim Applegate 51 attempting to complete as many of these contacts 5. Matt Lindvall 50 as possible before we get into the busy December 6. Steve Wright 50 weeks. The Vail Police Department recently completed their annual Physical Fitness Evaluation. This year's Leg Press (pounds) evaluation included "Cooper" test which included 1. Dick Gericke 570 a sit & reach flex test, sit-ups, leg press, bench press, 2 Rusty Jacobs 500 and a 1.5 mile run. SOG members had to do push- 3. A1 Brown 460 ups and pull-ups. The 3rd phase was the state-of- 4. Steve Wright 460 the-art fitness evaluation called Micro-Fit. The 5. Mike Takamoto 435 Micro-Fit evaluation took 3 0 minutes and the com- puter profile showed a person's body weight/body gench Press (pounds) fat/heart rate/blood pressure/flexibility/strength/ cardiovascular conditioning. Below is a list of l. Al Brown 304 employees who excelled in the "Cooper" test. 2, Rusty Jacobs 304 Sunerior Excellent 3. Mike Warren 288 1. Dick Gericke 1. Tom Sheely 4. John Ferguson 277 2. Matt Lindvall 2. Mike Warren 5. Steve Wright 272 3. Jim Applegate 3. Mary Palicki 6. Dick Gericke 272 4. JeffLayman 4. A1 Brown 5. Corey Schmidt 6. Mike Takamoto 1.5 mile run (minutes) Good 7. Kris Cureau 1. JeffLayman 8:43 1. J.R. Mondragon 2. Jim Applegate 9:15 3. Dick Gericke 9:42 "THE TOP 5" 4. Mike Takamoto 11:26 Overall % 5. John Ferguson 11:33 l. Dick Gericke 98.4 If vou see any of these "Studs" and "Studettes" 2. Matt Lindvall 96.4 congratulate them on a job well done. It's been a 3. Jim Applegate 95.6 ~AL long time since most of us have taken the 4. Jeff Layman 95.0 5. Corey Schmidt 92.6 "Presidential 7'esting" way back when! Good job gangilf 2 Town of Vail Employee Newsletter December Issue . NEW EMPLOYEES... How to lift safelv *Think before you lift Jeff Whitehead has just joined the Sales Tax and *Keep the load as close to your body as possibie Parking Team. He moved here with his wife from *Stand in a stable position with your feet pointing Farmington Hills, Michigan. He enjoys in the direction of movement snowboarding, swimming, flyfishing and *Don't twist and lift at the same time snowmobiling. With a11 of those hobbies, he should Safetv + Health fit in here just fine! Welcome aboard, Jeff. so March 1995 - 5 Industrial housekeeping tips Gordon Linke has just accepted a job in Public *get a good example. Pick up unused odd-and- Works as a Maintenance Worker II. He has lived ends or litter and dispose of them properly in Vail for 14 years. He is married and has two *Appeal to employees' pride. Demonstrate how boys. He is originally from "Down Under" and his attractive clean work areas are hobbies and sports include the Great Outdoors! *Explain specific employee housekeeping respon- Welcome to the team, Gordon. sibilities, why such assignments are necessary and how they can be executed Debi Anderson has just moved here from Denver *Develop a routine inspection precedure to accept a job as a Police Officer. She is single *Closely assess general working condirions. The and enjoys endurance racing with her Arabian first piece of clutter on a window sill or under a horses. She owns four horses with a baby horse bench invites others to add to it due in March. Enjoy Vafl, Debi and welcome pm. f'essional Safery, Februarv 1995 aboard. :~'S; SAFETY MESSAGE: Joh titt+~De a~~n~nt Wellness proLrams ` T~mrnie ~ll~on PI~ttni~r II1Gt~i~ De~' Experts say prepackaged wellness programs can ~6 A~ M,1g#~ W~~.~~. i~ , db range from $2 to $50 per employee... Wellness programs such as. gyms, aerobics classes or lunch- time lectures can operate on-site. Off-site programs can include walldng or jogging clubs or sports teams that meet after work or during lunch. The more TEI~.MTNA'~'If~NS' variety and flexibility, the more staff participation. ; Healthcare Supervisor Septernber 1995 Stress I1~~ry L~NweneeZ'rRa More than two out of three workers cite stress as I3eid~ their PrimaTY hea1th n ~ . ' . co cern and that their health- hCe:: related problems are a direct result of work-related MikZTa€Amdt6 F stress... As much as 80 percent of all disease and ~llness--from the common cold to cancer--are stress 6vczd b,~e ~ave ~v.~'~~''~pl~~~e,~. : related. ; ~r;al~ t?~:>:<:~,~`lic~ik.<::<:., World Health Organization study > 3 December Issue Town of Vail Employee Newsletter . Recognition letters... This letter was sent to the Yail Police Department Letter to the Editor, Officer Hoffiman, Kudos to the staff at the West Vail Lodge for help- Iwanted to thank you for all of you help in getting ing a stranger in need. It happened on November Sarah to a safe place so she could be returned. To 10 when an 85-year old Denver motorist became You it may only have been ano~her night on duty, disoriented and lost her way. Instead of driving but to her parents and us at Teen Challenge, it was across town to visit relatives in Denver, the woman very stressful. Thank you for your professional- ended up traveling west on I-70 to Vail. She was lsm and a job well done! - tired, confused and frightened. God Bless The West Vail Lodge immediately came to the Ken Hurley woman's assistance by providing a place for her to Teen Challenge of Wyoming stay. The next morning, she was given breakfast More letters on page 6 and employees of the lodge offered companionship The f~ia~ while relarives drove up to bring her home. The woman had been reluctant to give her , . daughter,s name and phone number because she felt aXd : ; her family would not allow her to drive any longer. ; The staffworked diligently with our Police Depart7ae $usc~t ment for over an hour before we were able to EJl Cisn~ros locate a relative. <rahn MdsQia :<Layona Daster We applaud the West Vail Lodge's generosity for Suian Muglas extending a comforting hand to a person in need. T4bn ~.tv~n ; ; < Lia~el Espu~:oz~ 2 : Sincerely, Chuck Felc~~t Officer Cinda Rau, Vail PD '>Heidi:FranZ DU iCen&& , ' Dal~ 11 This letter was sent to Miranda Steber in dispatch 'Walfier In~'atn Russ JohnsQn > Dear Miranda, Katietauben Sally :Lorton ' Thank you so much for all of your assistance. It is 7aeqt~e LcaVatD reallY a blessing to know so manY wonderful PeoPle He Lava.~ ° ' are out there to help. I really had a sense of secu ~1lwrt:Maes:. '3 ; : rity warking with you. I usually feel so helpless ;."'s~Ibe~# ~azk itaCz ` when I am this far away yet you helped me. Thank T~arra.mxc ~aitnello: you, and keep up the excellent job. r `s the,~ac~ cci!nt'~ai~:6 GodBless trttt~t<ttt~~~r:~rr~F~ ; _ <:; Ken Hurley V#Uchtid Teen Challenge of Wyoming t ~fft~: 4 . Town of Vail Employee Newsletter December lssue . EMPLOYEE SPOTLIGHT `EMPL°YFE ArrNIVERsaRIES: . £ - Jo hn ~'rul ck YearS Cre e- 19 Years 1V€ic I h!Ic . I~ . 18 Years ark BensQn ; 1.2 : ,ears: ~z Leo Vas u q ~ Y~~~:::: 6 . ~ . , Claudia: Dahl: `5years eJohn Power, "JP" for short, is the Director for the ~b.~rlcLaurm;;: . y ~ : . ; . DePartment of Human Resources. He has been , wi Town sin th . . th the ce e summer of 1995. JP says us~n:Dnu. g e role ofHuman Resources is to heIP emPloYees Q~inic:.N~aut~ th ellt~::::: and departments solve their various personnel or..~ &:MbrrisQr)L :ear.: <;<:;:.: ~ i ssues. His door is always open. ' JP was born in Indianapolis, Indiana and raised in California. He received his BA from Claremont MeKenna College in Los Angeles. After service in the Marine Corps, JP spent his first career in the private sector with assignments throughout the ~ country. JP lives in Singletree with his wife "Happy". He has two sons, William, 25 who is married and lives in Dallas, and Jonothan, 23 who lives in Aspen. JP likes to ski, hike, bike and golf. He and Happy like to travel, as she was formely in the travel $renda Chesrnan business. Their most recent trip was biking in Lax% ,Aker 4214 Ireland. laine Duran' , ~/C::: _ : - ~ce'~'xindle 12I~;:>; , : - . . . : . : PROMOTIC)11~5 AND AnaemQn 12f7 claudia:Dahl 4218;;: TRAN'?SFERS aut Reeves: _ Taznme Williamsoa GhuckFe~aa: K Ily M ria~ Can e acrae GirCulati€~nCI~erk t4 . . . . . Circulatic~nllnf~rni4tiCm:~e~:reiuil Clerk Ernie'C~Za.vc~~,. . . And ;Knudtsci : :2/:. <7.:>:: Dominic MmmeUo - 7im . emRollins. APFlepte t4 Sh . . . . : : Fotice Sergeant Jack Owen `12/22 avid;Rhoades > ; . sell Jacobs:::. 12t.~~.:< ; _ . n~~:z Tam . . . . :.121:::. . 5 December Issue Town of Vaii Employee Newsletter , ellX ~fccrae 2 Chief of Police IK Dear Chief, Manue111iI~din~ I just wanted to drop you a brief note commending IVlike WlIi~~ JRone of your officers for a job well done. Jack Owe~ I was involved in a traffic accident on Wednesday , ' th e 6th of November on Hi ghwa y 70 West right David: Rhvade~ 3 outside the main Vail exit. Officer Al Brown was on the scene in a matter of minutes and handled the situation not only in a very professional manner but Cprey ~chmidt in a friendly one as well. I haven't been involved in Tod~ ~~~an accident since 1979 and, while this collision was J6ln shhn 2 not a serious one compared to what your officers Byron;Stanicy 4` are use to seeing, it was nevertheless very disturbing and disorienting for me. O ff icer Brown 1v1~.nnX ~`~~ill~ ' ; ; made sure that I was not injured and then in a very T~e ! cahning and reassuring way made certain that I Tamm%~ WiIli~rnsori 2 ~~understood everything that was going on, what paperwork needed to be filled out and helped get ~x~e V~r~ght 2 ' me on my way. During the entire event he was very R-ET REDEEM polite and seemed very genuine in his concern for >HES~ BI' DE BER l 1 *me and the driver of the other vehicle. Recognition letters cont'd from page 4 I hope that you share this letter with OfficerBrown and make it a part of his personnel file. While I can Dear Susan: think of a lot of other ways that I would have During my many visits to your Community Devel- Preferred being introduced to the Vail Police opment offices the staffmembers have always been Department, my experience was very positive one pleasant and informative. 1VIy planning and zoning and Offcer Brown, your training staff and you are permit concerns have been addressed in a to be commended. reasonable timetable. All the building inspectors Sincerely, are professional, knowledgeable, and reasonable. Peter Charlie Davis deserves special recognition for his outstand'mg public relations. Your cordial office staff ~ also deserve recognition, especially Loretei FYI ~ Dona l dson. P lease keep up t he positive attitu de FA -1` D: and progress. m L~ AW AV ~f I-ECEl~~~l~. > SincerelY, > > . George Sisneros a~ ~,ibra br~n thZtrx,t~6. rv.. Project Manager M U~M$ no Gray-Stone Construction and Development, Inc. En 0. ct~. :;:s~~: Z ~::a,:,, ]::..Y ~ _ . ..::..a . : . ; ; . . : c~~l ~~.€rorn ~a~~ ~L~~S ~ 6 d Town of Vail Employee Newsletter December Issue . Parldng informarion: The parking (including underground parking) at the Marriott will be open to TOV emPloYees that evening for free or use the Vail Associates north parking lot (near the : /+h ~ ..:::::~i'ri:i:ii::. i:::::.':.<;:,:: ' :•L.yti, pedestrian overpass) which will also be available. . t~,....• . • :~`~~r>:>::::::<:>` If ou want to use the Mamott' s valet Parkin ~;4 Y g, the cost is $10 plus tip. . ik~~$: i^i~:•:~i 1+•;:? ' . Y. ,r ~ • . :v$... V',n•:tij•: •i?i¢n,~ ~S. t ,v„Y,•..~i. • • ~ ti nv}~:4ti ~wjr: •,ti~;}'j: ••~t•~~ •`~x ~~?'•:}~:,>..T~:tvA:4]6.; ~ .k'•Yn'iiti.... •~•ri:+~'~'?O 4 \•:fi:•:y++i'~' ' ~C.i ii~~;~ •.•.ti4 ~'~iti{v: i ~~v ~,•i{ti~, ~ti~;:} ~ + v ~ . ~`l: O ~ ? ~~f : rv . ~ • ~''"i f.''~,•~'v' S . . • ~ , . k . , 1. r,;• ?.~~}`ii+,`..•?.,•?".',~~:':~, "`44v4 u f'.... A,. 'h! i' i;:v, '$.;;i;•. ~:~i?:»:. ...j•. 'vi~~efJ?~.: +`C,•..,. • „:v~:~:.; .•.;.;.h;.:' i•r.lv; ,:.;.a., f. ~ . .h~ ~ i~ii 5: i . ~ ,~':~)`+,'S• <z<:?. ~%x,"~~p \ . Fr::i%i;~i 'h"::;~+.~.:... irj. :::\~,`~,~":~'v•:>,>. 1fr +'s:+• : ti.;:{ .4 , tp:Y • ~ `~~#c>:>•~ - ~ MARK YOUR CALENDARS FOR THE ANNUAL TOV CHRISTMAS PARTY! Bring a guest and join us for an evening of fun. This year's theme is "Denim 'NDiamonds" (This means you can wear anything from bluejeans and a nice shirt/ blouse to elegant evening wear! ) It will be heid at the Marriott's Mountain Resort in Uail on SATURDAY. DECEMBER 14TH FROM 6:OOPM TO 12: 00 MIDNIGHT. Cocktails begin at 6:00pm (there will be 2 free drink tickets handed out at the door for each employee, after that it will be a cash bar). Also, sodas and mineral water will be free. The Dinner Buffet starts at 7:00pm; dancing begins at 8:00pm; and the Eznployee/Team of the Year awards begin at 9:00pm. The music is being provided by "Airborn" (rock-n- roll and country music). So enjoy an evening of dining and dancing with your co-workers, fabulous food and lots of dancing! 7 ~ . ~ RECEIVED DEC 4 1996 x c ; r C. DAVID L. FDWARDS S'' tz-.1-4 , 643 Skysail Lane, Fort Collins, Colorado 80525 • 970-Z3-8343 C m R1402 Moraine Drive,Vail, Colorado 81657 • 970-476-3085 + I?ecember 2, 1996 Mayar Arntour and Council Members ` Town of Vail 75 South Frontage Rd. - 'Jail CO 81657 Re: GRFA and Affordable Housing Units Dear Mayor Armour and Council Members, I read with interest the Nwember 28th issue of The Vail Traff which reported the Council's evaluation of GRFA. John Schofield was kind enough to fax me a copy of the 11-27-96 media release highlighfiing the results of a Councfl work session. I applaud ifie Council's effort to reuiew GRFA as I befieve it is an example of a failed pubfic policy. We experienced GRFA in 1994 while building our family's second home in The Grand Traverse. I don't begin to understand it in detail but I know what it means to us. It means we heat spaces inside our house for which there is no fimctional or aesthefic purpose. It means we underbuilt the functional space our foundation could have otherRrise provided without chasiging the exterior. It means the affordable housing unit we wanted to provide has a bedroom that verges on dysfunction because the space over the garage and over a stairway could NOT be fuity used due to GRFA. It means we knovvingly thought about ways to more effectfvely use ow house in the future in spite of and in violation of GRFA. I believe and it is my experience that GRFA is NOT an effeciave tool to control mass and bulk, tliat the Town should NOT review interior space, and that GRFA's existence wastes people's productive time and energy. The footprint of our house was essentially predetern»ned by the size of the lot and allowable setbacks. I have never understood why we had to sacrifice functianal space within our foundation while trying to do our part to provide an affordable housing unit for the community. Yes, we derive benefits from the existence of that unit but so too does the community. I believe GRFA requirements are a disincentive to homeowners in our neighborhood to build affardable housing units. Of the 10 homes now built, only three have affordable housing units. GRFA robs homeowners of functional space that could othecwise benefit the community. Again, I commend the Council for having the courage to evaluate this area of public policy. Effective leadership means goring an occasional ox. From a non vaiing, second homeowner - Thank you all for your time. S' ly, Dave Edwar ~ u ' TOWN OF VAIL 75 South Frontage Road Office of the Town Anorney Yail, Colorado 81657 970-479-2107/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead, Town Attorney ~ DATE: December 5, 1996 1 RE: Special Board of Education/Eagle County Recreation Authority Meeting on December 4, 1996 I attended the Miller Ranch land use problem solving meeting which was also identified as a special meeting of the Eagle County Recreation Authority. Attached is the agenda; the Board of Education beliefs statements (4th draft); the Miller Ranch potential development sites plat; and the worksheet for clarifying interests. John Hefty identified the process that would be followed for the meeting which included a brief explanation by Tom Braun (land use planner) for the present status of the Miller Ranch land as well as other land holdings of the Board of Education, a review of the Board of Education's beliefs as they presently exist for the Miller Ranch land use and breaking into small groups to identify other various interests regarding the Miller Ranch land use. Tom Braun explained that the Board plans on placing two or three schools on the property which would be located in the areas of parcels one and two. The primary topic of discussion is the appropriate use for Parcel 5(also known as Parcel D), which is located south of the railroad and north of the river. It contains a total of 23.9 total acres with 17.5 acres as buildable. It is a long narrow piece of land with difficult access. The alternatives that are being explored are to preserve it as open space, a free market sale/trade to generate revenue, or a possible swap of Parcel D for some of the land held by the Eagle County Recreation Authority on the Berry Creek 5th Filing. John Hefty, Superintendent of Schools, then circulated the 13 point Board of Education beliefs statement. The School Board interest in employee housing is intense. They will not allow housing to drift away in exchange for maintaining open space. Bob Mcllveen on behalf of the Eagle County Recreation Authority stated that the Authority is not sure what it wants at this time but does see an opportunity to work with the Board of Education. He indicated the Authority's primary interest is in open space and recreation but realizes a part of the entity is interested in housing. RECYCLEDPAPER ~ , The meeting then moved into item four which involved breakirag into small groups to identify the various interests that exist regarding Miller Ranch Land Use. The Eagle County Recreation Authority constituted one small group. Its interests were identified as open space, recreation, a combined planning process for the Berry Creek 5th and Miller Ranch properties which wou{d ailow for shared structures or facilities and an interest in partnering ta achieve housing. During this discussion the Singletree representative to the Recreation Authority indicated that their neighborhood was most interested in keeping Parcels 4 and 5 as open space and putting a housing component in the northeast corner of the Berry Creek 5th property. The meeting then reconvened as a whole and the various interests that were identified from the small groups were discussed. There was also a short discussion concerning options available. The Board of Education purchased the property for $31,500 per acre. That would reflect approximately $756,000 for Parcel 5. They have received two unsolicited offers for an amount of money consistent with the values seen in Singletree. These have been rejected. The Board indicated it is not interested in selling the property at this time. The Board of Education indicated that it did not feel compelled to take any immediate action. There was a suggestion of applying for a Great Outdoor Colorado grant to preserve the parcel as open space. This grant has an annuai cycle which requires the submittals by February the 1 st. The Board indicated it may be interested in allowing the County to apply for such a grant but not in the February, 1997 cycle. It does not foresee making a decision within a time frame that would permit that to happen. The meeting ended with the agreement that some preliminary joint planning would take place with Tom Braun on behalf of the Board, Peter Jamar on behalf of the Recreation Authority, and Eagle County participating. It is anticipated that additional meetings will be scheduled to address a continuation of item 5 and item 6 on the agenda. If you have any questions, please feel free to direct them to me. Thanks. RTM/aw Attachments xc: Robert W. McLaurin Suzanne Silverthorn Susan Connelly ` AV- - EAGLE COUNTY SCHOOL DISTRICT RE 50J OFW - ~ -ss w. JOHN HEFiY P.O. BOX 740 • FAGLE, COLORADO 81631 •(970) 328-6321 • FAX (970) 328-1024 Superintendent AGENDA SPECIAL BOARD OF EDUCATION MEETING EAGLE COUNTY SCHOOL DISTRICT RE 50J WEDNESDAY, DECEMBER 4, 1996 • 6:30 P.M. - 8:30 P.M. @ BERRY CREEK MIDDLE SCHOOL (ROOM 201) Edwards, Colorado MILLER RANCH LAND USE PROBLEM SOLVING MEETING 1. What is the agenda or problem solving process that will be used? 2. What is the Miller Ranch property and what is planned at this time? (Tom Braun) 3. What Board of Education beliefs and interests exist concerning the Miller Ranch property? (BOE) 4. What are the various interests that exist regarding Miller Ranch land use? (small groups) 5. What aze options for Miller Ranch land use that will address Board of Education beliefs and interesu and other interests? (small groups) 6. How do the various options measure up against BOE beliefs and interests and other identified • interests? (lazge group) NOTES CONCERNING AGENDA: 1• The problem solving portion of the December 4, 1996, meeting will last from 6:30 P.M. until 8:30 P.M. It is understood that such a time period will likely be insufficient to address all of the items Gsted on the agenda. Additional meetings may be necessary. 2• The focus on interests in item 4 references moving from positions to interests. See worksheet for suggested process. (dd 12•2•%) I20496BD.SPEC BOE MTG (Milkr Ranc6 Land Uae) % ~ r ~ 1 100' S' . . \\i~`~ , Y~ , g.`+, j~;~'`" r~ti~s. v~ ~ ? , ~i 's,;, K \ ~ ~ ' . ~ , ~:<< \ • ~A~ ' , 1 • ~ ts ~~u ~ y~~ t ~ ` l. ~ . ~ I ~'':a ~ ` r~, ~ ~c~ ~ • r. t A ~ O ' .t ~ 3~~~~~~ j~' ri(l . , ~ . _ ; ,i I~ 'l i K•~,~ t:.` ` ~ ' _ _ - ' _ - ~°I`=." , . . 1 ; ' ' ( ~ ` ~ . " , - _ - _ } ~ ~ ~ , , - ~ - . . l , . . . . . ~ _ ~ .,....r ~ , , . ~ - ~'7 ( y ~I ~ 1 , . . • . , .at, iti 11ACCI'l t ~ l ~~~..3 ~..~~"y . 4.~,+~;~: ~il~~ ~ . , ~ ~ ~ ~ _ ~ ~ ~ 1 1~ 1 ~ ~ ts 1 :I l' t ~ i ~ 7'~.7.,' R` • ~ C' ~ .tbt"°: ~ ~ fy 1 ~ ~ . n ~.i ` 77\7 ~ t' ~ ` ' ~ 'l ~ 1 '7 ~ r" S - .L ~ r'~r~` . \ ~I ~ ' , • . 16~•i`I 3 _ \ R'''~ 1 tPael 10LUC4 ~ , ~ L ~6a ' .r.~,"S~ ~ C~: ~ ~ • 1 ? ~ ~ \ 1 , ~ \ i .1; 1 , ~\t'i {*l,;.~, , ~ • i S'~.~~`. ~ J ~ ~i 1 - J ;f.,,r " ~ . _ . . ~ ~ ~ : •-y} ~ '1 ~ ~ 1. ~ yl ~ 11 1 .L_.. l.:_d' ~c• i~ 1--•-J"' .t,-r+ ,r.' ~y~( /i . Ptlrccl $ t17.5 ac . _ \ , \ ` ` r ~ , . , . . - - ' . ~ n ~r'~ c ' ~ : ° ~ l. ~~11~, ~ ~ ' ~ ll : . ~ / ~ G i' 1 . . . , - , . _ - ~ ; . r , , . ':..i:. . .>.i._.... MILLCR RANCH 1'O'1'EN'1'IAL UEVCL01'MEN'I' SI'!'I~S ~ ~ MILLER RANCH LAND USE 4TH DRAFT (11/27/96) 1. Parcels 1 and 2 on the attached map are reserved for future school use and possibly support facilities. 2. Parcels 3 and 4 are under consideration for use for support facilities. 3. Parcel 5 is currently undesignated as to future use. Consideration to be given to sale, trade, ; open space, preservation, recreation. 4. We believe all decisions regarding land use should be made with the benefit to students as the primary purpose. 5. We believe to benefit students we need to attract and retain a quality staff and affordable housing located close to work is a key element in attracting and retaming a quality staff. 6. We believe the first priority for use of school district land should be to provide for educational facilities. 7. We believe the second pririty for the use of school district land should result in affordable housing for our employees and/or providing for support services. 8. We believe the third priority for the use of school district land should be to support community values and interests such as open space and recreational needs. Such support should not be allowed to negatively impact the district's capital needs. 9. We believe the school district should obtain fair market value for any land being used for other than a school district education related purposes. 10. We believe school district real estate should be used in ways that will support district beliefs, address district needs, and be sensitive to community interests. 11. We believe we should retain sufficient land for addressing our priority land use needs of building needed school facilities, building needed support facilities, and achieving affordable housing. 12. We believe we should achieve affordable housing without negatively impacting the primary district purpose of educating K-12 students. 13. We believe we should partner with other members of the public sector to address our needs and other public interests and needs prior to consideration of private interests and proposals. . MiLLEA RAIVCH LAND USE.NOT . WORKSHEET FOR CLARIFYING INTERESTS MILLER RANCH LAND USE PROBLEM SOLVING MEETING December 4, 1996 (Looking for the interests behind the positions) Positions: Something that has been decided on. . A solution to a problem or a concern. An answer. A demand. Positions are the concrete things you say you want. Interests: A desire, concern, goal, fear, or need. An interest is what caused you to take position. Interests are intangible motivations that lead you to take positions. First focus on my (our) interests. Ask the following questions: 1. What do I(we) care about? 2. What do I(we) want? 3. Why do I(we) want what I(we) want? 4. What wants, needs, concerns, hopes, and fears drive my (our) interests? 5. For each position ask, "Why?" 6. For each position ask, "For what putposes?" ~ TOWN OF VAIL . • Input/Inquiry Response Record • The attached comments were recently received by the Town of VaiI. We entoura$eVaiI ' residents and guests to give us such input and we strive for timely responses. PLEASE ADDRFSS THESE CONCERNS UfIT'HQV FIVE WORICIIVG DAYS AND R.ETLTRN THIS COMPLEIED FORM TO PAM BRANDMEYER ' DEI'AR ~LN TO HA1~IDLE IlVQUIlZY ' riVDIVIDUAL TO HA1vDLE INQUIlZY • DATE TOV RECENID IIVP'UT/INQ[JIlZY 1 TYPE OF INPUT/NOLTIRY: - PHOiVE CALL (indicate date) . LE'IZ~EtZ (attached) , Nvu~ ~n~ RESPONSE C.~RD (attached) L~- TYPE OF RFSPONSE fc eck onel: ' LETTFIZ (attach copy) ~ , PHONE CALL (indicate date) . BRTFF SU'NLti~IZY OF RESPOzv.SF OR ANSWER TO INOIJIlZY: . DATc OF ftESPOiVSE FOIZ:I~i RENRNED BY DII'AR 1E T TO PAM BRAI'VDINE!M • !l cvov o[ thii inquirv and form wiil remain on ftle at tI:e TOV Community RelaGons of6ee. As sooo aa this form is retuned bPsts . Bnndmeyer, this inqvirywiil be cansidered dosed • • i: rA,V <'fCU iL R YCL'R i T Y Hr\,vDC..'`C QFTf'.LS L5,5'u'E IF YOU HAVE ANY Q(J ES7ION5, .°LEASE F"'. F-Rv._"-. TO C0,1+i.,kC:' PANI BRA\DMEY`ZAT479-221.i. J ArA TOWN OF UAIL 75 South Frontage Road Department of Community Development Yail, Colorado 81657 970-479-21381479-2139 FAX 970-479-2452 Piet Peters Director Vail Recreation Dish-ict 292 Wcst Meadow Drive Vail, Colorado 81657 Dear Pict, 1 have received your letter regarding the possibility of the Vail Recreation District building additional sports fields next to the Red Sandstone Elementary School and in Donovan Park. As requcsted in your letter, I have looked into the review process for building the new sports fields. The area west of the school is zoncd Outdoor Recreation. The Outdoor Recreation Zone District is intended to preservc undevelopcd or open space lands from intensive development while peimitting outdoor recreation activities. The construction of a new sports field on this site would require the i5suance of a conditional use permit, as public parks are allowed suhject to the issuance of a conditional usc permit by the Planning and Environmental Commission. You also mentioned Donovan Park as another possible location for a new sports field. As I am sure you are aware, the Gerald R. Ford Park/Donovan Park Mastcr Plan governs devclopment in Donovan Park. According to the existing planrring document, sports ficlds have been conceptually considered in the park. The Towi1 wiil review plans for development within Donovan Park for conforrnance with the master plan and zoning code. According to the.zoning code, active outdoor recreation areas (sports fields) require thc issuance of a conditional use permit. The Town of Vail owns each location you are considering for the construction of the new sports ficlds. Any proposal for development on the5e sites requires the permission of the Vail Town Council to proceed through the planning process. The Council will considcr your request and either grant an approval, or denial, of your request to proceed through the planning process with the sports fields. The Council's decision will be made at a regularly scheduled meeting. Should the Council approve of your request to proceed through the planning process and an approval to build the new field is granted by the various review boards, you will need to enter into a lease agreement with the Town of Vail for use of the properiy prior to the start of construction. Should you decide to proceed forward with the construction of a sports field at either of the sites RECYCLED PAPER • you mentioned, I strongly encourage you to contact the Comrnunity Development Department to schedule a pre-application meeting to discuss your plans with a planner. The planner will be able to provide you with additional details on submittal material requirements, the development review process, etc. In your letter, you mention the feasibility of the Town to assist in the development of the new fields. When I brought this issue to the Council's attention, the only comment from any of the members was that the Recreation District should consider expanding the gymnastics program and consider the possibility of moving the program to a location other than the Old Town Shops. The Council did not mention a specific location. - I hope the information addressed in this letter is of help to you as you consider sites for the construction of new sports fields near the Red Sandstone Elementary School and in Donovan Park. Please do not hesitate in giving me a call should you have any questions or concems. You can reach me most easily at 479-2105. Sincerely, /)~I~ Robert W. McLaurin Town Manager xc: George Ruther, Town Planner Vail Town Council ~ . ~ ~ . RGCGI Y GD 2 Uail Recreation x G ' D I S T R I C T November 25, 1996 ~ 292 W. Meadow Drive Bob McLaurin Vail, CO 81657 Town Manager ~970-479-2279 Town of Vail FAX: 970-479-2197 75 S. Frontage Rd. Vail, CO 81657 VAIL GOLF CLUB 1778 Vai1 Valley Drive 479-2260 Dear Bob; GOLF & PARK MAINTENANCE 1278 Vail Valley Drive The Vail Recreation District is currently exploring possible additional sport 479-2262 field sites for our youth sport activities. We have briefly discussed the VAIL TErRVIS CENTER possibility of building a field next to the Red Sandstone Elementary School 700 S. Frontage Road vvith Russ Forrest who referred us to you. We would like to research the , 479-2294 Red Sandstone as well as the Donovan Park locations. With the growing JOHNA. DOBSON ARENA demand for additional fields through our extended youth activities, the two 321 L479 2 a c~le mentioned sites will be a perfect solution to our problem. vAU. YouTx sERVicES ,v,,,. 395 E. Liotfshead Circle I arri'lnoking for advice and ingut as to how-to proceed forward; in addition 479-2292 to the feasibility of the Town of Vail assisting in the development of these VAIL NATURE CENTER fields. Vail Valley Drive 479-2291 Thank you for considering this opportunity. MARKETING 292 W. Meadow Drive 479-2446 Sincerely, Piet Pieters Director Vail Recreation District R/pietlfldsites • • . • • • • • ~ ~ : Communication:: . . . . . . . ; Q VAIL VILLAGE ; : MERCHANT : ; ASStJCIATION ; . ~ . . • ~„i . Monthly Meetin : . g . Wednesday, December 77 ; : 5:30 AM : = Calarado Ski Museum = . . . . . : 14genda: : ; - Pedevelopnient of the Austria Ho-use ; ~ by jini Craves, et al ~ ~ - Festival of Lights ; : Bill Brice : . . : - Vail Valley Card & Merchant Participation ~ ; Bab Kunkle ; . . : - Tl l1 ! 96 - a recap : . . : - Art W allc ~ . . ; Steve Rasenthal's Cam.mittee Report ; . . : - Red Sandstane Project - an update on : = employee housing, an imminent decision ~ : . ; - Parking & Loading ; : One last effort to solve the probleni : . • ~ - Amplified Sound ~ ; Ceneral discussion ; • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ~ f 1 f ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ • .7 Town of Vall Sales Tax Esttmatlon Worksheet 12/4/96 7G Chsnpa X Chanye tsas eudgar trom nom Month Iaes iaes 1997 >aae im im iapi tsnz 1993 iava 1e96 eua9er Egrrr?bre wnonca 1095 eudger . . , :..:.::.:.:-.:...r.:,~».,:::•:;~:.::.~:.. . . . . /rl.. ...n...~... ~ . ..Y . . . wiri.Si:i~::.:ii'.~:::::::.ri::: ~.ri.. ..r x ~..r.x..~~....x.~... . . f. . . .ln.r.~. . . ~....n ...n.~~r / ...J r. . l..~../x r........... . ~ ..i/.:........ . .r... r ~ . .......l~r.. Jr...~ . ~.........r..l...N . . r ~ r 1.. J. . } . . ...r.. . . . ~ ..f.... . . ...x.. : ~ r . . . J. r. . .F'.~ . , r . . . . . . . . ............~.....r... . r...... , J.l.. . ~ . . . .r .r .~v . . ! ~ . J .n . .......~..r..... ..J...... . J.... . . ~ . ~ . / ~n.. . r..... .J.r . . f.v.r. . . r ...~.r ~;riti{.};:.•.:.v::•i•:.•.-: ~ . . J . . . ~ . r. . v Ji ~r .r . i. 1 . • f . . . .f ..........~..r • ...r.. ~ ..r. ...~...J.i . . ~ r. ~ r/. . . . . . . . . . . ..~.~l . ..~f.•. . r.........::: v: ::::n... ......r.. . ~ ....~1. . r..f.~..~. ..rF r.... ~ ~ r.r . . ! . . .r Ir...... . . . t . . •:~:.x xw::r...... ....~.~v.::: y:i•: :y:.i::.~:}.w::::: r......................x: J.~... . . .v.......f . ~ 1../.i... .~....r.r ~ . ...r r. v... .r. ......,Jl. ..l...... . n.......~.~i. r.r ......u.~..~. ........r .......r.r . s.. .r . .4 . r xr~n./. ......x.f . ~ . ...i ..~.~r' ~...r'... ..r ~/J.. . r ..r.v.. . . r.:~~.•.•:~~::u~ .r..J......... . ..1.......n..... . ~ { . . 1..r. . .I . ...l...~.... . v '.r.....n... ....r.. . . r . . . . ~ . . . v...: v n~•ii:::: v.y:. . . .v. ~.r. J~.. . ! ~ r . . . : w::.: :v • • ...f.~:: ~.~:r... . . . . ~ r .......r . ~.v. ~ . . . r . ....r.:: : ::'.v:: ::~••~y.w: w::: w: v::: •i.::. ....r. ~ J ...~.r..n...r~..~i........ . .l. . ~ ~ . ~ . ..~...r . ...........~.....r.r . . .r........... ! J..v.. .f. v. . . . . i,~i.. ...r.,~ . . . f~... . ,f....,. .,lf•.. ...t............... . .i.:...,.:.,..,f.... . . . . ~ .....:...~i . .....::,....,.r....,..... . /.S'... ..r f ~J. . . . ..l..,.~f........... . ry:~,. . . . n. . r...........v. .J. . . . .v. . . . . . ~ ~ . . ..1.. . . . s . ,:,r.:;•,•::•;:...::::x.; yc: . . f . , . . . . , n } . . . . . .......:::::::::•;s.~:~,~r::,..,. . : 1,~:. . ,f . . . . . . .r. . ~ . . . . ..r. . . . ..1~ . . . - . . ............o.., . ...~f,.....,......../.,....... .~,'f , l. n, t . ..r ..t., f...... ..i....,.....::.•::::::::••:.,1•::,'~:c•f:c•~:`.?:,.~::.;:;.;,;, . ....~`',....;..f..,~L..nf. . . Janua 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,891,738 1,934,979 43,241 2.13% 2.29% Fobrua 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,813,365 1,992,586 179,221 9.720!0 9.88qo March 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,985 1,988,090 2,250,656 2,139,298 2,136,070 2,240,059 103,989 4.71 % 4.87% A rll 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 789,890 965,864 175,974 22.09% 2228% Ma 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 324,179 318,101 6,078) -2.03% -1.87% June 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 589,783 594,088 4,305 0.58% ~ 0.73o/. ' Ju 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,536 892,830 893,483 892,126 962,713 70,587 7.75% 7.9104 Au ust 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 865,808 988,748 122,940 14.03% 14209'0 S tamber 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 645,195 630,351 14,844) -2.41% -2.30°l0 October 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 460,170 407,786 52,384) -11.69% -11.38% :.,f..,,;..,. : : .:::::....:t rN • r : ....x..~~..iJ•i:i~TrS::i+.•i:+i}:~Y:.~i•:.. :v"r i'i:Y•:py:•ii~SY~:ri~.i; .r.., }n :.:l:.Y n. ~ J.n . ..r.. n. . t ~ f..... ••i.; • . . . J..... . ..r. l...: ..4.~ r. . .~..ttl.. :r:~~iY~~l.. . rr.:.rvi..:r.... • . . . . . . .:::::::.ii:•:iiS{:yi:jiU.; . ~ . . . . . . . . r . / . . . ~ . ~v:...:.~ ...;r..r ; ~ . r v..rv nx.r~....... .f ...r..~... . . . .r~ . ~ . . ~1~~ ..x e . ry . . . ...3 . . .fi '-:'i~:i::ii , . . . . f ....t~...... . » . r. ~ . . l./.. ..$1r.. ~ . .iri..............~.. . . . . r . . . r..~. .i..r... . , ...........rv...~ .~a.. ~ A. r ..J. . , i r. ~ . . . 8. . . . . . r. a> . . . ~ ;r..... _ 4 ...r.::i::•::: :v: ~::::w:~: v... . ~ ~ . ~ . . . . ......r......i.x . . .~n.. . » . . ~ r /f.. . ~ Y / .i . ~ . . . .i,~..'/~ .~~r... . . r . . ...r.~.. . . {:Y:.~.+l.. .:~:};ih:.}'{.;:i::. ...~..f . . r ! r/!~ .s. ~r r... . l...3~r. .......~~.r... ~f...~~.1..J. lr..... . ~ r:h}' , . . . . Z . ~ ~ . ~ , r1 . r . . r ...:r.. . ~v. r.~~.r~.~. . ~+l. . . ..r.. n.~~...+/... ,fr. f ............v. . ....r. h . . . . n . J.' ~ .....~F.~....t:r. ~.;.r;n:.n;;.~...:r::~.::.. . 1in . .r~ ! r. . ~ . !i . . r!' ..r.. ..x... ~Y'.+..l....L~... 1......~ rr/. ..J t , 4. t~..~. . r..~.,.. ,.t,............._,......,,...,ri. . + ~i . . : . . , . . . .d. ~ . .l........... . . . . .......r..,-...~,:::,.. .i.. ~ . ~r... s.. . . . . . . .....::.:~:::::,:::.:::.~..:,~:::::f•,::::::::::::• . . -..,r.~„ . ,,.,•..f.. . . . 3. . . f . ,.,r. . ~ , . . : v... } •f•:.: .::s r' . , , ..f..... . . , . c...,. . . . , , . . .~..h . . , . . . .:••~::.:::::::.~r•::::::::.~::,• v.. . ~ ~r rr . ...Y . . ...r... ..rr ...l. ~~ns. . r ~ n s....... . ti . . . r . r'!/.v~ Y.+ l+y:.r . .v.r r.:.4'•:•J..ti3. ~ . a.. ~.n u ..r...~......~.. r 1! . . . .~..v r. . ..v.. . . . . . . :::~y:.vrv.iv.:::ii: :.l . ...J.:a: .Y'. ..l... r. J~.v.... . . . 2~ . .r.J ~.r.~/ .l.~.....~ ~ ..fv::y:•v.•.•~ l.r:?..... . r , . . . . . .~...t..... . . . , . . ~.,1+• r. . ~ , . , ~ ...f , . . .1 . . ....1. . • , . f . , ~ J , ~...::::.....,~f,....../,f....•:::,.....,,.~ ,..,.fil~ ,.,.....+.,.,.,.~.,..:•.?:•».,..~,•~r.: .r....~ :S. . . ~ ..f ,,..::.::o::::;c•::to•; ~ ,:~.x~ws;!•.::v:%~t~:v;::%~:•-,'•f•.`•:::;':;:?~:;•+,'•,:rj:;:.;•;;::•:j:::.;{:.~:~::.. n .f.. ~ . a... 3' ~ . • 'r TOTAL 5,346,570 5,794,864 6,313,282 6,822,389 8,265,646 8,700,946 9,154,425 9,259,517 9,667,484 10,419,667 10,424,761 10,408,324 11,035,275 626,951 5.86% 6.02% ..rh.... ! ry;r:., r.. : :'nv:: . '{hY.•iii: iY •rr . . r . . : w:.:::.v::.:~::- : • . s:x:~ ::::::::::.w:::: •:x: y.. ::r. v: •.x.~::.:r r:.i': ti+i:'r',iy ; • y:. . yiii:~..;:.ii:::.Yi• ; l+iiii:i::t{iviiY: v. . . . 1.. . .1.... r.. .n.... ! . . .....rn... v. i rv . . v :::::•ii::J.:•ii::i:i:l:iiiiii:v}+~ r.J:i+!ii+tiii{ii•::^.ii::~•:~ •....r . . . r. . ..s x..4 . . . . r•~•n..~.vv . n...3.~.....nr..n..r~.r. l.r..... . . f ..£..~~r.h.. /a..~...... r.. . . . r ........r... .~.r.~. . r....r.r. . ~ . . . . r .-0:! .r.... ~ . ~..r..: / v~:a :r: v: ~~:.^,.x . .r.. . . L . . . ...r l .r . . l....~...rr.. r. JJ . . . r ti. 1 ~ ..r.~. .f... .:J.•: r . ~ r { . $~l . . ~ .t. ....f. { . .....a...r.. . . . r , .,../ff.,.... ..t...,......... . . . . . .,..,1... ...k .c. . f . . . . + .t .r . , . ~ . . , r v r..... . . . . r......... , ..rrf....l.f . . . . . :•...:::~::::•+x.. • . ....r. .x... . ~ . » . . . . : . . , . . .r.. r...~ . ~ . r 1 . ..t .~s~. . ~ . . . ...a . ~ . l1., . . . ...............................t..... . . y ............,................~,..b.> f. . . . . .r................. . ..~t....f.....,:.::~:>:~.;fii 3~ . ..k.. . . . . . . . . ..r.,,,.r.. . ........,f . 4 . 1 t . l... . ..x•::::....xr . . . . . . . . . . ! . . . r . . .r.~ . ~ . J...........::.::~: f... ;..r::: v:::: :•:~:Y~.ti :.x::..:::::~:. . . . . . . .................'-'-'...l,..,,.. ~...~i...,. ...r.~s.. ..1.... . . . . . . ±.f / r^~J b' . . . . .........3.....~ ..f~. r 3. .N,... r ............,:.~:::•:+.•:•i:~:r:,.,. , . . . . . , . . . . . ..,f . . ~ . ..~....r;.:..:;?•:::::.::•: . . .o:... . ...~i~.... . . . r., . . . ~ . ~r'~. . . . . . , . . ...,f r . ~ .~r. . r...s..... . > .v a . . . . .{r..~....~.ti~.. . ....ti.....r...... . .J..r ....~.~r . ...L . J f . . . .1. . . . . . ~ r . v ...v... . . y:~~.: ~..r;:; . r:.+:8i. . ii.'•:•'•:: i:y;:$?y: : .Y I .4'..a +S r... . . . . . . . . . . . ..r. . ....{f . . . ..~..J.. . l. . . . . . .v. ~ .,...r.... .a . 'i ~ r}....3 ............s. . . ~..n... ........s. !r~ ......s. .........L. y~ . ~r r. r . . . .r.~ .....x.. .a~... {,x ...l.~..... t. r . . . ..n..r ..J .J . . . r . . . .5 . . . ......r. rr v. . ..r. .n...l....... . L..r. ~ 4 •J' •Y,•~ ..:::::....:::n5 .::v~.;...•:•vx:.~:v::.•::::::n:~:.~:.': q:frr._~..:'~/ : s: . .,..:,f..;....l..:::::,........,,...~~ . ..........1.....f~,.;..::,:,.:,:...~~....,,..~•:>:,.... ,.Y... _.~:•••s::•::•:: 1 .L,c. . . a.:•,.•t ,.'+..~/........:..;,.,...~..t..... „~.x'l.;..;.:.,..;..,-,...~......,,.:..,~, . ..,o ..y........ ..i...if•:":•:;•:;::-,':. Novamber 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 608,123 ~ Decamber 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 1,990,566 :<~~•:;r.::•:<v:~.:,:~.:~,:: • • :.f:.;:...;;;::._:•:;:.;:.:•::~,,,:: r»•::••;•:•::::;~::,:.:;; . , . . ••r• ;,.;:::•:;::.;:•::;;:::•::•,::••..r-;;;:::~ .;:•~•;~«:•:;:.;t::<r,>::;.;::•;;•::.: , . r . , . . :::..:.:».:r~ ~ . . . . . :.::.~:•::•rs>:•:::.;.:~. •.::.:::•:•::.x•::r:;:>:~•::;:•;•::•:;::~::•:~:::;:•: . . . . . . . . . . rY . . ....1.. . . . . . . .rr . . . ...J..r..- ..+.Y, v..vr .....r , r J. r . . ..I.l~........~. .J..:. :.,::::n.. ~..~.r.~... ~ : ,....n f, . . . . ..1.... ...t.........,....,. . r......, ~ . ,f ~i f,.,. . . . . . ....r.. t..... . . . , . . . . r . s ~ . n . v . . . r . . ~J. ...J . . . . .v... . ..~r::.:.~:: ~ ..v: . s s ...J u ~J .......Y l..... . . . . . . ~ ~ J ~ . . . . 1. . . . r ..J... . . a r r r { r . . ~t . ~ ~ . . . .~.r ~...rru. . .r . . ..r. r. . ~.r..~..r.J. . . . . . . . . . . ..l. .~1...........r. ....~.........v.... ..fnJ. ~ . ~ _ ..C. . . ? I v .2: . . . . . ...v / ? ..iJl.i.Ji . . r.. r......... ..n rr.... r./t r.. . s .....J:::•.i':~i::::ii:•:r:::i:•::::iv.•:~:::.:.~:::•...:... . ~ :vi:;i:~r•.''}:r;::-:i::;:::•:::. :y: . . . f . . ..3.,.. . . . ~ . . t . ..,.r,.~....% f . . . ..G f . , . . rr.~.....................~.... ~ . . .1. . ~c..., . ! . . . . . ~ { ~ . . . . ....1..... ..r.. . . . r..... .lJ . .irr.. . . ..J.. . . . . r xrJ...::~....:: r.::.. . ~ .r..f.., f.. J.... /,1 ................~...........::..y.,-,..ry;....y;y~:{:::.};::.y:wY,r . . ~ . J. .r J..... . Y ..r./.. .t ~ ~ 1. n...... ..i. .f.. . > ....f . . . . . . . . . . . t:f::~+.....~:...:,• .H~fY. .vvG . ..r...... . v . l ~ x . . . .~.~~..~r....~ . . ...~.r.....r.. ..~.....~.n' . .r ~JJ . ~ . .~J. n /~~1... Y.. ...r .N. .rf . ......r. . . . . ~ . .ti~ . rv. . . s.~.. ~ . . . u:~: . !1 x ~t.. I. •:::i::::.~5>ii'i,'.:~.'i:%::i<ivi~...r. ~ . . .v ..r . .v . .../..r...... . .n ......~..n /r. . ...1 . . .r / . u .~i a. ..J. . ~ . r .~v,lr..! . l ~ . r.. . . a.. n r.... . . ~ ~ ....v.. . LY . .~li•. . . ~ .::7. : rn . ..J . . ...~.l... . . . . . J xr . ..J . . i:.'l.~::'~iiiii:.•: .$w n . . . r. . . . . . .l . ..l .../.,.f. ,.~f . f/. J. .a~.... . ; . . . v. ~ :.ir.;~..~•,-:j:: ir• :..:.v. :.v.?r::.!~..;.~... ~.~...n.;~..;..;.....; ~....:r~.......;f;...r..L...~. ;...:..f.... ..,lr..f ~ }•.h . ~J...~3.. ..l~~ i~$....,~~..r :.l.L::.:•.};:.{ryy}v:..i'4:::.~: •s/:::~.y.{iYn'iryi:i~}iii'r'i:4i:~ii:i~i::,+••:ii:S:n. ~...h....:..~v.r~• Total 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,007,013 11,035,275 626,951 RtCrIVEn DEC Eagle County o Ambulance District 1055 Edwards Vfliage Bouievard P.O. Box 990 Edwards, Colorado 81632 970-926-5270 Fax:970-926-5235 Emergencies: Dial 911 December 4, 1996 Bob McLaurin, Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Bob, On behalf of the Eagle County Ambulance District I want to thank yourself and the Town of Vail staff for your efforts in improving the helicopter landing pad. The ambulance, fire department staff and an Air Life pilot I spoke with, and my own observation of a recent flight, indicate the pad is much safer for landings (larger pad and lights) as well as safer during transfer of patient and equipment between the helicopter and ambulance (ramp installed). While a pad on or next to the hospital would be ideal in that it would remove entirely the ambulance shuttle to and from the hospital thus saving valuable time for the patient, the improved pad is much safer and usable for all involved. Thank you again for the time and expense required to improve an essential emergency capability. I will address the Vail Valley Medical Center as well for their contribution towards this effort. Sincerely, Lyn Morgan ' General Manager cc: Vail Town Council ? Chief Duran "Advanced Life Support for Prehospital Emergency Medical Care" T he Governor's Office of Energy Conservation (OEC) is announcing $125,000 is available for the next funding cycle of the Transportation Partnerships program, n0 o depending on the volume and quality of C:) ~ O¢' ~ applications received. T'he application deadline ~ 000) O for the next funding cycle is January 31,1997. ~ o1<~ Applications must be received no later than 5 p.m. January 31, at OEC,1675 Broadway, Q!5N Suite 1300, Denver, Colorado, 80202. ~ oZi ~ o Transportation partnerships began in 1995, as " a way to encourage and assist Colorado -f n communities trying to manage transportation demand and address the associated concerns of = • ~ c= air quality and energy efficiency. Since October r.) 2( ~ rt 1995, the program has received requests for r: :3:: more than $900,000, and has granted nearly - $400,000 to fund 19 projects around the state. The program will continue to be funded on a ."o n-i`V? quarterly basis, with upcoming deadlines of January 31 and Apri130,1997. The amount of ~ ~'G"g funding available for the April deadline will be announced in mid-January. Future funding ``i C'• amounts may vary depending on statewide interest and program resources. Transportation Transportation Partnerships staff held a regional workshop December 3,1996, in Fort Collins for I parties interested in developing applications for ' Pa~ ~~r~ ~ ~ the Transportation Partnerships program. If you are interested in hosting a regional workshop in your area, please contact OEC. We also are available one-on-one to discuss project ideas ° with applicants. ~ For more information on Transportation ~m 1•. ~ _ II Partnershtps or to obtain an application packet, contact Kate Fay or Jodi Asarch at (303) 6204292 or 1- 8 0 0- O E C- 6 6 b 2. 1996 Fa l l ma ~ N c:.i~'! 1t~RtA~rtrw~A1 ~ , Recent Transportation Partnerships Projects :h~ exentofurbandevelopment; • Identitication of free-standing communities; > Boulder County Consortium of Cities was awarded Union Station, Rocky Mountain National Park and ski . Urban centers; $12,750 to facilitate discussions by the Regional resorts. The study will assess potential locations, users, Transportation Task Force. The consortium created the partnership options, community benefits, a conceptual • A balanced, multi-modal transportation system; task force to help form a cansensus on the most site plan and cost estimates for the center. • Open space; and appropriate and cost-effective transportaHon scenarios • Environmental quality. for each of the six major corridors. The results will be the basis for developing a comprehensive regional > Mesa County received $50,000 to demonstrate the Strategies for unplementing Metro Vision 2020 faus on transportation plan. The task force membership viability of a public transit system within the urban area what local governments can do without new legislation. represents the public, elected officials, the region's of Grand Junction. The Partnership for Targeted Transit in Local elected officials stressed the need for, and value of, transportation agencies, the business community and Mesa County will establish an approach to providing considering key growth and development issues fiam a various nonprofit community organizations. transit services where they are needed. Mesa County will regional perspective while retaining local control over the develop a partnership between existing private and decisions that determine where such growth will occur. nonprofit transit providers coordinated under one The strategies developed by the Metro Vision Steering > The City of Fort Collins received $30,000 to evaluate management strategy. The abjective is to combine an "on Committee include: the feasibility of creating a multi-modal transportation the ground" demonstration effort with a transit analysis center in the downtown area. Through a city dialogue currently under way by the Grand junction/Mesa County . Ensuring that local comprehensive plans are consistent process, many citizens have expressed concern about Metropolitan Planning Organization. The Mesa County with regional development goals, including zoning and traffic congestion, air quality and lack of accessible Civic Forum, a nonprofit community organization, capital investment plans; transpurtation options. In response, the city adopted established a broad-based citizen action group to help several plans that create a vision Eor Fort Collins, coordinate and provide guidance to this effort. • Integrating regional development and transportation , placing transit, bikeways and pedestrian plans to ensure coordination between land use, growth improvements on the same level of importance as and development and transportation plans; and roadways. A centrally located transportation center COMMUNII'Y SPOTLIGHT could help citizens commute more efficiently within • • Linking regional air quality goals with ]ocal activities Fort Collins as well as to major cities and destinations Meiro Vision 2020 associated with comprehensive planning. in the regions such as Denver International Airport, In the spring of 1996, the Governor's Office of Energy Additional strategies can be found in the "Metro Vision Conservation contributed $25,000 to help the Denver Regional 2020Imp1ementaHon Strategies Report; which is Council of Governments (DRCOG) develop implementation strategies for Metro Vision 2020, its Regional Development available from DRCOG. Next steps in this project include refining the strategies and executing a comprehensive R~,n °o°"" (land use) Plan. T'his plan will serve as the basis for the 2020 : Mor9an ~ outreach strategy to build support for them. A Metro ~~h • ,~unn Co,nry ; Transportation Plan, which DRCOG must adopt by ate 1 7. Vision Policy Committee is being established to serve as i These plans and their associated implementation strategies are County "oencoa expected to link land use and transporta6on goals more closely an ongoing mechanism to ensure the basic tenets of Metro Gameld Couny. .,~„B,~„ Vision are pursued; to further refine the irnplementation CoLi,n: ~ than ever before in the Denver Metro area. Pilki ~jounry strategies; to recommend the selection of regional centers; H _ Douqlas.Counly.... . ° • ' This work examined the anticipated and preferred to develop the local certification process; and to review j El Pa. ' changes to the urban growth boundaries. The committee ~a~~n - development patterns in the Denver region over the next 25 years. Metro V'ision 2020 identifies six core elements that, when wiD be comprised of DRCOG board members and ' considered together, describe the preferred urban form for the include business, environmental and neighborhood : Se~ Mpuel leaders. For further information, please call Scott Denver region. Woodard (DRCOG), at (303) 480-6718. . : La Plata ' CouMY • Current Transportation Partnerships Projects \ TOWN OF VAIL 75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager ~ DATE: December 10, 1996 SUBJECT: 1997 CML Involvement Program _ For the upcoming legislative session the Colorado Municipal League has initiate a program called Grass Roots Involvement Program (GRIP). The GRIP program is intended to allow CML to make quick contact with local officials who in turn can make quick contact with legislators on issues of importance to us during the upcoming session. Please find the attached list of legislators and with their addresses and phone numbers. Please look through this list and complete the form as appropriate and return to Anne Wright. I have also enclosed some information provided by CML concerning approaches to lobbying and dealing with state legislators. Thanks for you assistance with this. If you have questions or need additional information please do not hesitate to contact me. RWM/aw Attachments f:\manageAm emos\towncoun.4 RECYCLEDPAPER REC~~~y17~ ~I~~ GRIP" ,Erf 1991 CML 0G~M G~ss R E~~ pR V C~L~~~ OQ,TS Il~ ~ ~ r . o r , , ~ ~.?r~ _ - . CML , 11111111 I I I I 1660 Lincoln Street, Suite 2100 • Denver, Colorado 80264-2101 • Phone (303) 831-6411, FAX (303) 860-8175 MEMORANDUM TO: Selected Municipal Officials FROM: Sam Mamet, Associate Director SUB7ECT: CML Grass Roots Involvement Program (GRIP) DATE: November 21, 1996 The 1997 legislative session officially begins next 7anuary 8. In an effort to have a favorable outcome on legislation involving cities and towns, it is important that you, at the grass roots level, become actively involved in the legislative process. You are the true strength in the final outcome of this legislative session. Our GRIP program will allow us to make quick contact with you, who in turn, can make quick contact with your legislators on issues of importance during the legislative session. Whenever a contact needs to be made, an action notice will either be faxed or mailed to you or you will be contacted by telephone. This notice will reflect all applicable information needed for you to make the contact. Attached you will find a listing of all Colorado Senate and IIouse members, their addresses and phone numbers. Please select Senate/House members from the list that you will be willin to personally~tact. Feel free to select as many legislators as you feel you have influence with or wish to reach. Please take the time and fill out the attached survey and mail or fax it to us, attention: Cathy Pouder at (303) 860-8175. Please do so by December 13. We've also attached some points on how to lobby, along with some issue papers which may be of interest. Your support in this very important and worthwhile program is grea,tly • appreciated. Please circulate this to other municipal officials who might want to participate. . If you should have any questions or comments, please feel free to call me. We look forward to your immediate reply. RETURN TO CML BY DECEMBER 13, 1996 GRIP 1 CML GRASS ROOTS INVOLVEMENT PROGRAM Actively Exceptionally Moderately Speaking Worked on Well (visit Well (visit acquaintance Campaign very often; regularly; (cordial SENATORS first name first name relationship; basis) basis) recognize each other readilY) Ben Alexander Don Ament Ken Arnold Tillie Bishop Tom Blickensderfer Ken Chlouber Mike Coffman 7im Congrove Gigi Dennis Charles Duke Michael Feeley Rob Hernandez Sally Hopper Joan Johnson Elsie Lacy Doug Linkhart Bob Martinez Stan Matsunaka Dick Mutzebaugh Tom Norton Pat Pascoe Ed Perlmutter Terry Phillips Ray Powers , Peggy Reeves James Rizzuto RETURN TO CML BY DECEMBER 13, 1996 GRIP Z Aetively Exceptionally Moderately Speaking Worked on Well (visit well (visit acquaintance . Campaign very often; regulazly; first (cordial SENATORS first name name basis) relationship; (ContlnuEd) basis) recognize each other readily) Dorothy Rupert Bill Schroeder Gloria Travis Tanner MaryAnne Tebedo Bill Thiebaut Dave Wattenberg Frank Weddig 7effrey Wells Dottie Wham REPRESENTATIVES 7eanne Adkins Vickie Agler Kay Alexander Debbie Allen Norma Anderson Barry Arrington Bob Bacon Chuck Berry Gayle Berry Nolbert Chavez Benjamin Clazke Doug Dean 7im Dyer Lewis Entz Mary Ellen Epps 7eanne Faatz Russ George Ken Gordon Dorothy Gotlieb RETURN TO CML BY DECEMBER 13, 1996 GRIP 3 Actively Fxceptionally Moderately Speaking ' REPRESENTATIVES WOrlcecl on Weu (visit weu (visit acqusintance Campaign very often; regularly; first (cordial (Continued) first name name basis) relationship; basis) recognize each other readily) Tony Grampsas Daniel Grossman Bob Hagedorn Steve 7ohnson Vi June Bill Kaufman Moe Keller Martha Kreutz Doug Lamborn 7oyce Lawrence Gloria Leyba Frana Mace Ron May Andy McElhany Gary PcPherson Carl Miller Marcy Momson Marilyn Musgrave Alice Nichol Dave Owen Phil Pankey Mark Paschall Penn Pfiffner Jeannie Reeser ' Gil Romero Mike Salaz Todd Saliman Paul Schauer Larry Schwarz RETURN TO CML BY DECEMBER 13, 1996 GRrn 4 Actively Exceptionally Moderately Speaking Worked on We1l (visi[ very Well (visit acquaintance - Campaign often; first name regularly; first (cordial REPRESENTATIVES ba$'$) name basis) relationship; (Continued) recognize each other readily) Bill Sinclair Matt S mith Carol Snyder Bryan Sullivant Bill Swenson Stephanie Takis Penfield Tate . 7ack Taylor Steve Tool Shirleen Tucker Ron Tupa Mark Uda11 7ennifer Veiga Suzanne Williams Tambor Williams Brad Young Paul Zimmerman RE1`URN TO CATHY POUDER AT CML, 1660 LINCOLN STREET, SUITE 2100, DENVER COLORADO 80264 OR FAX AT (303) 860.8175 BY DECEMBER 139 1996 NAME: TITLE: CITY/TOWN: PHONE: FAX: Prepared by: CML 11/18/96 SENATE DISTRICT BY MUNICIPALITY Page 1 SENATE ' # Municipality Senator PHONE # 1 Akron, Brush, Crook, Dacono, DON AMENT HOME: Eckley, Erie, Firestone, Fleming, Rt 1 Box 142 970-522-8205 Fort Lupton, Fort Morgan, Frederick, Iliff, CO 80736 CAP: 866-4866 Grover, Hastun, Hillrose, Holyoke, Hudson, Iliff, Julesburg, Keenesburg, Kersey, Lochbuie, Log Lane Village, Mead, Merino, Nunn, Otis, Ovid, Paoli, Peetz, Platteville, Raymer, Sedgwick, Sterling, wggins, Wray, Yuma 2 Arriba, Bethune, Burlington, Calhan, JIM RIZZUTO HOME: Campo, Cheraw, Cheyenne Wells, Box 215 719-3848388 Crowley, Eads, Flagler, Fountain, La Junta, CO 81050 CAP: 8664865 Fowler, Genoa, Granada, Hartman, Haswell, Holly, Hugo, Kit Carson, La Junta, Lamar, Las Animas, Limon, Manzanola, Olney Springs, Ordway, Pritchett, Ramah, Rocky Ford, Seibert, Sheridan Lake, Springfield, Stratton, Sugar City, Swink, 'I~vo Buttes, Vilas, Vona, Walsh, Wiley 3 Pueblo BILL THIEBAUT HOME: Box 262 719-544-3822 Pueblo CO 81002 CAP: 866-4865 4 Alma, Aspen, Buena Vista, Canon KEN CHLOUBER HOME: City, Cedaredge, Coal Creek, 220 West $ighth 719-486-0008 Crawford, Crested Butte, Fairplay, Leadville CO 80461 CAP: 866-4866 Florence, Gunnison, Hotchkiss, Lake City, Leadville, Marble, ME Crested Butte, Paonia, Pitkict, " Poncha Springs, Prospect Heights, Rockvale, Salida, Snowmass Village, Williamsburg 5 Aguilar, Alamosa, Antonito, GIGI DENNIS HOME: Blanca, Bonanza City, Boonc, 247 E Idaho Springs Dr 719-547-9330 Branson, Center, Cokedale, Pueblo West CO 81007 CAP: 866-4866 Creede, Creswne, Del Norte, Hooper, Kim, La Jara, La Veta, Manassa, Moffat, Monte Vista, Romeo, Rye, Saguache, San Luis, Sanford, Silver Cliff, South Fork, Starkville, Trinidad, Walsenburg, Westcliffe 6 Bayfield, Cortez, Delta, Dolores, BEN ALEXANDER HOME: Dove Creek, Durango, Ignacio, PO Box 1285 970-249-3211 Mancos, Montrose, Mountain Montrose CO 81401 CAP: 866-4866 Village, Naturita, Norwood, Nucla, Olathe, Ophir, Orchard City, Ouray, Pagosa Springs, Rico, Ridgway, , Silverton, Telluride 7 Collbran, De Beque, TILLIE BISHOP HOME: Fruita, Grand Junction, 2697 G Road 970-242-9230 Palisade Grand Junction, CO 81506 CAP: 866-3077 SENATE DISTRICT BY MUNICIPALITY Page 2 SENATE # Municipality Senator PHONE # 8 Avon, Basalt, Carbondale, Craig, DAVE WATTENBERG HOME: ` Dinosaur, Eagle, Fraser, Glenwood Drawer 797 970-723-4577 Springs, Granby, Grand Lake, Walden CO 80480 CAP: 866-4866 Gypsum, Hayden, Hot Sulphur Springs, Kremmling, Meeker, Minturn, New Castle, Oak Creek, Parachute, Rangely, Red Cliff, Rifle, Silt, Steamboat Springs, Vaii, Walden, Winter Park, Yampa 9 Colorado Springs, Green Mountain CHARLES DUKE HOME: Falls, Monument, Palmer Lake 1711 Woodmoor Dr. 719-481-9289 Monument CO 80132 CAP: 866-4866 10 Colorado Springs RAY POWERS HOME: 5 N. Marksheffel Rd. 719-596-1055 Colorado Springs, CO 80929 CAP: 866-4866 11 Colorado Springs JEFFREY WELLS HOME: 3166 Oak Creek Drive E 719-471-4110 Colorado Springs, CO 80906 CAP: 866-3341 12 Colorado Springs, Cripple MARYANNE TEBEDO HOME: Creek, Green Mountain Falls, 1916 Snyder Ave. 719-471-2561 Manitou Springs, Victor, Colorado Springs, CO 80909 CAP: 866-4880 Woodland Park 13 Arvada, Black Hawk, Blue River, SALLY HOPPER HOMB: Breckenridge, Broomfield, Central 21649 Cabrini Blvd. 303-526-0785 City, Dillon, Empire, Frisco, Golden, CO 80401 CAP: 8664873 Georgetown, Idaho Springs, Jamestown, Lyons, Montezuma, Morrison, Nederiand, Silver Plume, Silverthorne, Superior, Ward 14 Fort Collins PEGGY REEVES HOME: 1931 Sandalwood Lane 970-482-8952 Fort Collins, CO 80526 CAP: 866-4865 15 Berthoud, Estes Park, Loveland, STAN MATSUNAKA HOME: Timnath, Wellington 221 East 29th St #218 970-635-0384 Loveland CO 80538 CAP:866-4865 16 Ault, Eaton, Evans, Garden City, TOM NORTON HOME: Gilcrest, Greeley, Johnstown, 1204 SOth Ave. - La Salle, Milliken, Fierce, Greeley, CO 80634 CAP: 866-4866 Severance, Windsor 17 Lafayette, Longmont, TERRY PHILLIPS HOME: Louisville 579 Manorwood Lane - Louisville CO 80027 CAP: 866-4865 18 Boulder DOROTHY RUPERT HOME: 680 Yale Road 303-494-0568 Boulder CO 80303 CAP: 866-4872 19 Arvada, Erie, Westminster JIM CONGROVE HOME: PO Box 357 303-940-1919 Arvada CO 80001 CAP: 866-4866 20 Arvada, Golden, Lakeside, Lakewood, ED PERLMUTTER HOME: Mountain View, Wheat Ridge 370 17th St 1{2600 303-278-8426 Denver CO 80202 CAP: 866-4865 Prepared by: CML 11/18/96 SENATE DISTRICT BY MUNICIPALITY - Page 3 SENATE # Municipality Senator PHONE # 21 Edgewater, I.akewood MICHAEL FEELEY HOME: 13486 W. Center Drive 303-987-1354 Lakewood CO 80228 CAP: 866-2318 22 Lakewood BILL SCHROEDER HOME: 4420 S Braun Court 303-697-8321 Morrison, CO 80465 CAP: 866-4866 23 Broomfield, Northglenn KEN ARNOLD HOME: Thornton, Westminster 10187 Julian Way - Westminster CO 80030 CAP: 866-4866 24 Federal Heights, Thornton JOAN JOHNSON HOME: 7951 York St. #3 303-288-9237 Denver CO 80229 CAP: 866-4863 25 Arvada, Aurora, Bennett, BOB MARTINEZ HOME: Brighton, Commerce City 6462 E. 63rd Ave. 303-287-8111 Commerce City, CO 80022 CAP: 866-4865 ' 26 Bow Mar, Cherry Hills Village, TOM BLICKENSDERFER HOME: Columbine Valley, Englewood, 9 Parkway Drive 303-758-0146 Foxfield, Greenwood Village, Englewood, CO 80110 CAP: 866-2587 Littleton, Sheridan 27 Aurora, Greenwood Village MIKE COFFMAN HOME: BOX 440740 303-766-0918 AURORA CO 80044 CAP: 866-4883 28 Aurora ELSIE LACY HOME: 11637 E Mexico Ave 303-750-5943 Aurora, CO 80012 CAP: 866-4866 29 Aurora FRANK WEDDIG HOME: 15818 E 8th Circle 303-366-8762 Aurora, CO 80011 CAP: 866-4865 30 CastIe Rock, Deer Trail, Elizabeth, DICK MUTZEBAUGH HOME: Kiowa, Larkspur, Littleton, 9965 S Wyecliff Dr. 303-791-4063 Lone Tree, Parker, Simla Highlands Ranch CO 80126 CAP: 866-4866 31 Denver DOUG LINKHART HOME: 38 South Clarkson St 303-733-3569 Denver CO 80209 CAP: 866-4865 32 Denver PAT PASCOE HOME: 744 Lafayette St. 303-832-8865 Denver, CO 80218 CAP: 866-4865 33 Denver GLORIA TRAVIS TANNER HOME: . 2150 Monaco Parkway 303-355-7288 Denver, CO 80207 CAP: 866-4864 34 Denver BOB HERNANDEZ HOME: 4600 W. 36th Ave. 303-458-1012 Denver, CO 80212 CAP: 866-4865 35 Denver, Glendale DOTTIE WHAM HOME: ' 2790 S. High St. 303-757-0615 Denver, CO 80210 CAP:866-4866 Prepared by: CML 11/18/96 HOUSE DISTRICT BY MUNICIPALITY - Page 1 HOUSE # Municipality Representative PIiONE # 1 Denver dEANNE FAATZ HOME: 2903 S. Quitman St. 303-935-6915 Denver CO 80236 CAP: 866-2966 2 Denver GLORIA LEYBA HOME: 1014 Lipan St. 303-623-5676 Denver CO 80204 CAP:866-2911 3 Denver, Englewood, Sheridan JENNIFER VEIGA HOME: 765 S Grant St 303-722-4940 Denver CO 80209 CAP: 866-2921 4 Denver FRANA MACE HOME: 4990 Green Ct 303-433-5093 Denver CO 80221 CAP: 866-2954 5 Denver NOLBERT CHAVEZ HOME: 4619 Tejon St 303-477-7426 Denver CO 80211 CAP: 866-2925 • 6 Denver, Glendale DANIEL GROSSMAN HOME: 450 Dahlia St - • Denver CO 80220 CAP: 866-2915 7 Denver BENJAMIN CLARKE HOME: 1800 Monaco Pkwy 303-322-2611 Denver CO 80220 CAP: 866-2909 8 Denver PENFIELD TATE HOME: 2875 Albion St - Denver CO 80207 CAP: 866-2959 9 Denver KEN GORDON HOME: 2323 S Jackson St 303-753-1383 Denver CO 80210 CAP: 866-2967 10 Denver DOROTHY GOTLIEB HOME: 4123 S Rosemary Way 303-770-1841 Denver CO 80237 CAP: 866-2910 11 Boulder, Broomfield, Jamestown, TODD SALIMAN HOME: Lyons, Nederland, Ward 701 Pearl St. #3 303-444-0727 Boulder CO 80302 CAP: 866-5524 12 Longmont BILL SWENSON HOME: 32 Princeton Circle 303-776-0846 Longmont CO 80503 CAP: 866-2920 13 Broomfield, Louisville, Superior MARK UDALL HOME: 6255 Simmons Dr - Boulder CO 80303 CAP: 866-2938 14 Boulder, Broomfield RON TUPA HOME: 3930 Carlock Dr 303-494-6791 ' Boulder CO 80303 CAP: 866-2915 15 Colorado Springs RON MAY HOME: 4980 Daybreak Circle N 719-591-8620 Colorado Springs CO 80917 CAP: 866-5525 11/18/96 HOUSE DI5TRICT BY MUNICIPALITY Page 2 . HOUSE # Municipality Representative PHONE # 16 Colorado Springs BILL SINCLAIR HOME: 3007 Chelton Dr 719-635-8691 Colorado Springs, CO 80909 CAP: 866-2965 17 Colorado Springs ANDY MC ELHANY HOME: 95 West Boulder 719-473-9400 Colorado Springs, CO 80903 CAP: 866-3069 18 Colorado Springs DOUG DEAN HOME: 6463 Mc Nichols Ct 719-598-4920 Colorado Springs, CO 80918 CAP: 866-2960 19 Calhan, Colorado Springs, Fountain MARY ELLEN EPPS HOME: 217 Dexter St. 719-392-3861 Colorado Springs, CO 80911 CAP: 866-2946 20 Castle Rock, Larkspur, Monument, DOUG LAMBORN HOME: Palmer Lake 1155 Kelly 7ohnson Blvd. #111 719-471-1441 . Colorado Springs, CO 80920 CAP: 866-2924 21 Colorado Springs CHUCK BERRY HOME: 314 Pine Ave 719-634-6328 Colorado Springs, CO 80906 CAP: 866-2946 22 Colorado Springs, Green Mountain MARCY MORRISON HOME: Falls, Manitou Springs 302 Sutherland Place 719-685-5929 Manitou Springs CO 80829 CAP: 866-2937 23 Lakewood PENN PFIFFNER HOME: 38 S Zinnia Way 303-988-3717 Lakewood CO 80228 CAP: 866-2951 24 Arvada, Edgewater, Lakeside, MOE KELLER HOME: Lakewood, Mountain View, 4325 Iris St 303-425-0130 Wheat Ridge Wheat Ridge CO 80033 CAP: 866-5522 25 Golden TONY GRAMPSAS HOME: 3237 S. Hiwan Dr. 303-674-7883 Evergreen, CO 80439 CAP: 866-2957 26 Lakewood SHIRLEEN TUCKER HOME: 615 S. Eldridge St. 303-988-0118 Lakewood, CO 80228 CAP: 866-2923 27 Arvada BARRY ARRINGTON HOME: , 5622 Tabor Ct - Arvada CO 80002 CAP: 866-2962 28 Littleton VICKIE AGLER HOME: 10289 W. Burgundy Ave. 303-973-1987 Littleton, CO 80127 CAP: 866-2939 29 Arvada, Westminster MARK PASCHALL HOME: , 7903 West 62nd Way - Arvada, CO 80004 CAP: 866-2950 11/18/96 HOUSE DISTRICT BY NIUNICIPALITY , Page 3 HOUSE # Municipality Representative PHONE # 30 Lakewood, Morrison NORMA ANDERSON HOME: 10415 W. Hampden Ave. 303-986-0397 Lakewood, CO 80227 CAP: 866-2927 31 Brighton, Broomfield, Dacono, PAUL ZIMMERMAN HOME: Erie, Fort Lupton, Lafayette, 12943 Columbine Cr. 303- Thornton Thornton CO 80241 CAP: 866-2918 32 Commerce City, Thornton JEANNIE REESER HOME: 9883 Pearl St. 303-452-1838 Thornton, CO 80229 CAP: 866-2964 33 Broomfield, Northglenn, CAROL SNYDER HOME: Thornton, Westminster 200 E Colfax, State Capitol 303-452-7043 Denver CO 80203 CAP: 866-4667 34 Federal Heights, Westminster ALICE NICHOL HOME: 891 E 71ST Ave 303-287-7742 Denver CO 80229 CAP: 866-2931 • 35 Arvada, Westminster VI JUNE HOME: 7500 Wilson Ct. 303-429-1161 Westminster, CO 80030 CAP: 866-2843 36 Aurora, Bennett, Brighton, STEPHANIE TAKIS HOME: Commerce City 1927 Ironton St - Aurora CO 80010 CAP: 866-2912 37 Cherry Hills Village, Englewood, MARTHA KREUTZ HOME: Foxfield, Greenwood Village, 6023 S Bellaire Way 303-741-4681 Littleton CO 80121 CAP: 866-5510 38 Bow Mar, Columbine Valley, PHIL PANKEY AOME: Littleton 200 E Colfax, Rm 271 303-798-5873 Denver CO 80203 CAP: 866-2953 39 Aurora PAUL SCHAUER HOME: 7255 S.Jackson Ct. 303-770-3872 Littleton, CO 80122 CAP: 866-2935 40 Aurora GARY MC PHERSON HOME: 3300 S Parker Rd STE 101 303-690-8252 Aurora, CO 80014 CAP: 866-2944 41 Aurora SUZANNE WILLIAMS HOME: 12314 E Bates CR - Aurora, CO 80014 CAP: 42 Aurora BOB HAGEDORN HOME: 11633 E Sixth Place 303-367-1994 Aurora CO 80010 CAP: 866-3911 43 Aurora DEBBIE ALLEN HOME: 923 S Ouray St 303-695-4920 . Aurora CO 80017 CAP: 866-2942 44 Canon City, Coal Creek, Cripple Creek, LARRY SCHWARZ HOME: Florence, Green Mountain Falls, 686 Custer County Rd 297 719-7843315 . Prospect Heights, Pueblo, Roclwale, Wetmore CO 81253 CAP: 866-3540 5ilver Cliff, Victor, Westcliffe, Williamsburg 11/18l96 HOUSE DISTRICT BY MUNICIPALITY Page 4 . HOU5E # Municipality Representative PHONE # 45 Pueblo JOYCE LAWRENCE HOME: 47 Briargate Terrace 719-543-5401 Pueblo, CO 81001 CAP: 866-2922 46 Pueblo GIL ROMERO HOME: 1128 Catalpa St 719-544-2420 Pueblo, CO 81001 CAP: 866-2968 47 Boone, Campo, Cheraw, Crowley, MIKE SALAZ HOME: Fowler, L.a Junta, Las Animas, PO BOX 136 719-3849011 Manzanola, Olney Springs, Ordway, Cheraw CO 81030 CAP: 866-2948 Pritchett, Rocky Ford, Rye, Springfield, Sugar City, Swink, Trinidad, 1~vo Buttes, Vilas, Walsh 48 Eaton, Firestone, Frederick, Gilcrest, DAVE OWEN HOME: Greeley, Johnstown, LaSalle, Mead, 2722 Buena Vista Drive 970-330-9600 Millitcen, Platteville, Severance, Greeley, CO 80631 CAP: 866-2943 Windsor 49 Ault, Berthoud, Brighton, Grover, STEVE JOHNSON HOME: Hudson, Keenesburg, Kersey, 5928 Lakeview Dr 970.223-8045 Lochbuie, Nunn, Fierce, Raymer, Fort Collins CO 80526 CAP: 866-2907 Timnath, Wellington 50 Evans, Garden City, Greeley TAMBOR WILLIAMS HOME: 1910 21st Ave CT - Greeley, CO 80631 CAP: 866-2929 51 Estes Park, Loveland BILL KAUFMAN HOME: 4056 Davidia Ct 970-669-4009 Loveland, CO 80538 CAP: 866-2947 52 Fort Collins STEVE TOOL HOME: 3501 Winslow Dr 970-223-9008 Fort Collins CO 80525 CAP: 866-4569 53 Fort Collins BOB BACON HOME: 1706 Hinry St - Fort Collins CO 80526 CAP: 866-2917 54 Delta, Fruita, Grand MATT SMITH HOME: Junction, Palisade 3074 Alegre Ct - Grand Junction, CO 81504 CAP: - 55 Collbran, De Beque, GAYLE BERRY HOME: Grand Junction 3049 E 1/4 RD 970-434-4121 Grand Junction, CO 81504 CAP: 866-2908 56 Avon, Basalt, Carbondale, Eagle, JACK TAYLOR HOME: Fraser, Granby, Grand Lake, Gypsum, PO BOX 5656 970-879-1880 Hayden, Hot Sulphur Springs, Steamboat Springs CO 80477 CAP: 866-2949 Kremmling, Minturn, Oak Creek, Red Cliff, Steamboat Springs, Vail, Walden, Winter Park, Yampa ' 57 Craig, Dinosaur, Glenwood Springs, RUSS GEORGE HOME: Meeker, New Castle, Parachute, 1300 E Seventh Si 970-625-3778 • Rangley, Rifle, Silt, Snowmass Rifle CO 81650 CAP: 866-2945 Village il/18/96 HOUSE DISTRICT BY MiJNICIPALITY . Page 5 HOUSE # Municipality Representative PHONE # 58 Cedaredge, Crawford, Dolores, Dove KAY ALEXANDER HOME: Creek, Hotchkiss, Montrose, Mountain 16387 6030 RD - Village, Naturita, Norwood, Nucula, Montrose CO 81401 CAP: 866-2955 Olathe, Ophir, Orchard City, Ouray, Paonia, Rico, Ridgway, Telluride 59 Bayfield, Cortez, Durango, Ignacio, JIM DYER HOME: Mancos, Pagosa Springs, Silverton Box 5225 970-259-1942 Durango, CO 81302 CAP: 866-2914 60 Aguilar, Alamosa, Antonito, Blanca, LEWIS ENTZ HOME: Bonanza City, Branson, Center, 1016 N. 11 Lane 719-7543750 Cokedale, Creede, Crestone, Hooper, CO 81136 CAP: 866-2963 Del Norte, Hooper, Kim, La Jara, L,a Veta, Manassa, Moffat, Monte Vista, Romeo, Saguache, San Luis, Sanford, South Fork, Starkville, Walsenburg 61 Alma, Aspen, Buena Vista, CARL MII.LER HOME: Crested Butte, Faicplay, 111 W 3RD ST - • Gunnison, Lake City, Leadville, Leadville, CO 80461 CAP: 866-2952 Marble, Mt Crested Butke, Pitkin, Poncha Springs, Salida, Woodland Park 62 Black Hawk, Blue River, Breckenridge, BRYAN SULLIVANT HOME: Broomfield, Central City, Dillon, 293 Sherwood Trail 970-453-4954 Empire, Frisco, Georgetown, Breckenridge CO 80424 CAP: 866-2916 Idaho Springs, Montezuma, Silver Plume, Silverthorne, Westminster 63 Arriba, Bethune, Burlington, BRAD YOUNG HOME: Cheyenne Wells, Deer Trail, Eads, 8 Sage Lane 719-336-7967 Eckley, Elizabeih, Flagler, Genoa, Lamar CO 81052 CAP: 866-2940 Granada, Hartman, Haswell, Holly, Hugo, Kiowa, Kit Carson, Lamar, Limon, Seibert, Sheridan Lake, Simla, Stratton, Vona, Wiley, Wray, Yuma 64 Castle Rock, Larkspur, Littleton, JEANNE ADKINS HOME: Lone Tree, Parker 6517 N. Pinewood Dr. 303-841-8829 Parker, CO 80134 CAP: 866-2936 65 Akron, Brush, Crook, Fleming, Fort MARILYN MUSGRAVE HOME: Morgan, Haxtun, Hillrose, Holyoke, 15484 RD 18 1/2 970-867-3245 Iliff, Julesburg, Log Lane Village, Fort Morgan, CO 80701 CAP: 866-3706 Merino, Otis, Ovid, Paoli, Peetz, Sedgwick, Sterling, Wiggins CML , ~ A GuIDE TO LOBBYING INTRODUCTION Colorado's municipalities enjoy substantial autonomy and a great capacity to solve problems locally. A strong tradition of local control and home rule in Colorado are keystones of Colorado municipal government. Our strength comes from a common bond--speaking with a unified voice through the Colorado Municipal League. The League was formed in 1923 to advance the common interests of cities and towns. The League through its active participation of municipal officials, has realized much success in representing cities and towns and their residents over the years. The purpose of this memorandum is to enhance your municipality's effectiveness in dealing with legislators by identifying some key lobbying tech- niques. Whenever in doubt, remember the League is only a phone call away. THE TEN COMMANDMENTS OF EFFECTIVE LEGISLATIVE RELATIONS Become aware of legislation-Realize that as a municipal official you must spend time knowing about proposed legislation. Legislative action and intergovernmental relations is one of the most important aspects of your job. The Legislative Bulletin and Action Call are both effective tools to keep you informed on current legislative activity at the Statehouse. Assign someone the specific task of watching legislation and reviewing League material. 2 Get to know your legislators--Make an effort to meet informally with your legislators and get to know them on a first-name basis. They are readily accessible to their constituents and want to know and appreciate your view as a municipal official. Try to attend district events which might be sponsored by your legislators. Nothing beats a good personal relationship between your municipality and your legislators. 3 Be well informed on the issues-Approach your legislators with sufficient information to articulate your arguments, to respond to questions, and to be able to counter the opposition. , The League should be your first source of infarmation. your contact should be precise and concise. Wherever possible quantify the impact of a proposed bill and explain how it will affect specific projects in your city or town. This is the kind of information a legislator can ' use and appreciates having. Insist that municipal participation and staff follow up on legisla- tion be a part of your every day activities. 4 Communicate regularly and be persistent--Constant communication with your legisla- , tors is vital. Communicate with your legislators on a regular, year-round basis-not just when an emergency arises. Involve your legislators in community events, like a ribbon-cut- ting for a new facility. have legislators in for a day at the municipal building. When ' involved in trying to influence the outcome of a vote with your legislators, be persistent, but never abusive. Never badger, bully or threaten a legislator. A personal visit is the best type of contact, fotlowed by a telephone call, and then a letter. Resolutions are also appropriate, but don't over use them. 5 Work with outside groups-The media, service clubs, communitywide organizations, and your local Chamber of Commerce all appreciate it when you involve them in your legisla- tive activity. Keep them informed of yaur positions and concerns and ask them for their endorsement. 6 Coalitions can work, but be cautioas-Frequently there are other organizations that are interested in the same issue and want your support. But be careful as quickly as coalitions can come together, that's how fast they can come apart. Always say thanks-Don't forget to say thank you to your legislators. When your legisla- tors do support your efforts, a thank you note or other special recognition is realiy appreci- ated and goes a long way to solidifying relations. 8 Act quickly-This is a most important rule of effective legislative relations. If you delay action, a bill may pass or fail before your city or town provides its input. It is important to be involved before a decision is already made. 9 Keep the League informed-when you schedule meetings with your legislators or write them letters, please keep the League informed. We appreciate copies of letters you send or receive on legislative matters. Remember the ABC's-Accuracy, Brevity, and Courtesy are three of the most impor- tant things you can remember when dealing with legislators. Give accurate and con- cise information. If you don't know the answer to a question, say so. Don't shoot from the hip. And never, never give out false information. Be brief and to the point, don't ramble on. Legislators are besieged with information. They appreciate someone who gets right to the point. Courtesy means treating your legislators as you would like to be treated by your own constituents. CONCLUSION . Cities and towns do not operate in a vacuum. What one municipality does in the exercise of its pow- ers can affect all other cities and towns. Municipal officials have an institutional responsibility to recognize this fact, especially when a local issue becomes controversial. Many a bill has been gener- ated because of one community's actions. The League's success depends upon your informed involvement. For more information on lobbying, contact Sam Mamet, CML associate director, (303) 831-6411. CML 9,113i96 HOT ISSUES FROM CML LAND USE, ANNEXATION, AND GR0INTH MANAGEMENT TRANSPORTATION x v 0. ~ ~ Y@ ~ ~ ~ x m ~ ~ a~ . , . TRANSPORTATION THE ISSUE Municipal officials believe that an adequate statewide transportation system--state and lacal elements-is key to Colorado's future. The economic health of the state is tied to the transporta- tion system's ability to provide mobility for people and goods. The statewide system is not ade- quately addressing the current and anticipated mobility and capacity needs in Colorado. CML PosirioN CML recognizes that transportation needs far outstrip current resources, therefore: • CML supports additional statewide funding for transportation contingent upon an equitable local shareback. • CML supports increased funding for multi-modal transportation solutions as well as for highway, streets, and roads. ANALYSIS Unfunded transportation needs are well documented and most recently articulated in the Blue Ribbon Panel on Transportation's May 1996 report. There is a$13 billion shortfall in meeting critical state and local transportation needs over the next 20 years, of which at least $5 billion is unfunded local priority needs. The statewide transportation network is a partnership of state and local highways, streets, roads, transit systems, bike and pedestrian ways, etc., used by and benefiting all taxpayers of the state. Local governments own a significant part of this system: nearly 70,000 miles or 88 percent of the public roads in Colorado, over 4,000 local bridges, 32 public transportation services, and nearly all the bicycle paths, as well as other transportation improvements. A state-collected, locally shared financing system that distributes revenues from taxpayers, tourists, and commerce to all entities responsible for building and maintaining components of the transportation system is sound public policy. In addition, Colorado's quality of life can be enhanced by looking beyond just highways, streets, and roads for improving the mobility and movement of goods and people, so funding for transporta- tion should be flexible enough to be utilized as determined most appropriate by each entity. Additional transportation-related positions: • CML supports preservation of the constitutional requirement that highway user revenues be utilized only for highways, streets, and roads. • CML supports limitations on "off the top" diversions from the Highway Users Tax Fund so that all HUTF revenues are spent exclusively for highways, streets, and roads. Access and mobility throughout Colorado is critical to preserving and improving our eco- nomic base and quality of life. As Colorado has an integrated and interdependent transportation system, additional revenues are needed to allow the state and local governments in partnership to ` adequately address the systemwide needs. . CML CONTACT For more information, contact Jan Gerstenberger, intergovernmental affairs specialist, at (303) 831-6411. Prepar-ecl bY CML, 9-9-96 LAND USE, ANNEXATION, AND GROWTH MANAGEMENT . THE ISSUE Municipal officials should expect to see renewed legislative efforts in 1997 to restrict the authority of both statutory and home rule municipalities to regulate land use, manage growth, annex territory, and exercise eminent domain. Although the sheer volume of legislation on these subjects next year may not match 1996, local controversies over growth will continue to perco- late up to the capitol and command the attention of some state legislators. CML PosiTioN CML supports the existing statutory framework in Colorado, which, along with fundamental home rule authority, affords municipalities a substantial amount of flexibility in regulating land use and managing growth. The statutes are quite generous in delegating powers to local govemments without encumber- ing every city and town in the state with bureaucratic minutiae or unfunded mandates. Annexation laws allow municipalities and landowners to negotiate most annexations on a case by case basis. Abundant opportunity exists under both the constitution and statutes to forge intergovernmental agreements when a more regional approach to growth and land use issues is needed. And, above all, the state and federal constitutions provide overarching protection for private property rights while recognizing the appropriate role of local government to regulate land use in the interest of the public health, safety, and general welfare. Like last year, the League will enter the 1997 session determined to preserve the time hon- ored authority of local elected officials to plan, regulate, and grow (or not) as they deem neces- sary and appropriate in the interests of their own communities. All the while, CML is not oblivi- ous to growth and regulatory concerns that have manifested themselves at every level of gov- ernment. CML simply believes that sweeping legislative mandates and one-size-fits-all solutions handed down from on high are not the way to go. AREAS OF CONCERN Regulatory Takings. Some proponents of 1996 "takings" legislation have already indicated that they will return in 1997 with re-tooled bills aimed at enhancing private property rights. Recent experience in Colorado and around the country shows that takings legislation can assume many different forms, but the bottom line is almost always the same---to make local governments pay whenever their regulations are deemed to unduly affect the value of someone's property. Annexation. Often there is an annexation battle occurring somewhere in the state that threat- ens to pique the interest of one or more legislators. Although the Colorado Constitution dictates that annexation is largely a consensual process driven by the landowner, some legislators are quick to blame municipalities for what they perceive as overly aggressive annexation policies. • Vested Rights. In 1987, Colorado statutes were amended to provide procedures for developers to obtain a"vested property right" during the development review process, a right that would , prevent local governments from changing development regulations in midstream. Some develop- ers continue to allege that local governments are ignoring the 1987 law. In particular, they charge that some local governments have a habit of springing surprises at every stage of the . development review process. Subdivision, P. U.D., and Development Review Procedures. Over the past couple of years, a number of bills have attempted to amend the existing land use enabling statutes directly, but these efforts so far have been limited to county powers as contained in Title 30. For example, one new law forces all counties to complete their review and approval of subdivision plats with- in a set time frame. Similar limitations may be directed at statutory cities and towns in the future through amendments to the municipal enabling statutes. Impact Fees. Although more and more communities are adopting the credo of "making - development pay its way," the possibility of a legislative backlash against impact fees is always lurking. In one way or another, this battle has been fought in Colorado for years, with the General Assembly pre-empting the authority of local governments to charge school impact fees in particular in the waning days of the 1996 session. Eminent Domain. Hand in hand with the police power, eminent domain is another important tool some municipalities use to cope with growth pressures, a tool that can be essential to expand- ing public infrastructure or promoting quality redevelopment. Again, however, as was seen in 1996, any local controversy over the use of this power has the potential to blow up into statewide legislation, particularly bills to limit the purposes for which eminent domain may be exercised. Special Interest Legislation. The potential always exists for a particular industry to seek spe- cial statutory protection for its type of land use. In 1984, it was manufactured housing. Two years ago, it was the billboard companies. Next year, it may be special rights for subsurface min- eral owners. The object of such legislation is usually to declare the matter to be of statewide concern and thereby usurp the authority of local officials. Local Regulation of State Facilities. The authority of local governments in Colorado t,o con- trol where and how the state locates its public facilities has always been somewhat limited. However, language in both the county and municipal enabling statutes suggests that, at a mini- mum, the state should submit their proposals to local planning officials for consideration before proceeding. This was a bone of contention in 1996 and may resurface in 1997, especially insofar as the siting of state correctional facilities is concerned. THE MUNICIPAL RESPONSE Despite persistent nzmors that the growth boom in Colorado is abating, you wouldn't know it by the amount of energy being expended by many cities and towns on growth management. Some of these efforts will continue to filter through to state legislators and may be characterized as being "regulatory abuses" by Iocal governments. Whether these charges are fair or unfair is almost beside the point. Municipal officials must be prepared to defend their actions and under- stand that repercussions from what they do may be felt well beyond their city or town limits. What is most essential is for local officials to forge solid lines of communication and some semblance of trust with their legislators. State senators and representatives should receive an open invitation to use municipal officials in their districts as a sounding board whenever land use legislation comes down the pike. Local officials should not be reluctant to assert that they are, after all, the experts on land use planning and regulation because these functions have resided at the local level throughout the entire history of the state. Finally, municipal officials should encourage their legislators to try and hear both sides of the story before assuming the worst about the regulatory behavior of local governments within their district. Given the turbulent crosswinds of local politics and a myriad of competing community interests and values, land use disputes are usually far more complicated than they may appear to , be at first blush. CML CONTACTS The CML staff contacts on these issues are David Broadwell and Sam Mamet. Prepared fiv CMG, 9-9-96