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HomeMy WebLinkAbout1999-03-02 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 2, 1999 2:00 P.M. AT TOV COUNCIL CHAMBERS AGENDA NOTE: Time of items are approximate, subject to change, and 'cannot be relied upon to determine at what time Council will consider an item. 12:00 p.m. the Vail Town Council is to have lunch with the Mammoth Lakes Town Council at LaBotega. 1. Ordinance No. 3, Series Of 1999, discussion of an Ordinance Dominic Mauriello Amending Title 12, Zoning Regulations, By Adding Two New Zone Districts As Chapter 7h: Lionshead Mixed Use 1 District And Chapter 7i: Lionshead Mixed Use 2 District In Order To Implement The Lionshead Redevelopment Master Plan; Amending Chapter 2, Definitions, Section 12-2-2: Definitions; Amending Chapter 4, Districts Established, Section 12-4-1: Designated, By Adding Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; Amending Chapter 10, Off-Street Parking And Loading, Section 12-10-17: Leasing Of Parking Spaces; Amending Chapter 13, Employee Housing, Section 12- 13-6: Type Iii Employee Housing Unit; Amending Chapter 13, Employee Housing, Section 12-13-7: Type Iv Employee Housing Unit; Amending Chapter 14, Supplemental Regulations, Section 12-14-19: Satellite Dish Antennas; Amending Chapter 15, Gross Residential Floor Area, Section 12-15-3: Definition, Calculation, And Exclusions, Section 12-15-2: GRFA Requirements By Zone District; Amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4a-1: Signs Permitted In Zoning Districts; And Amending Title 5, Public Health And Safety, Chapter 1, Public Nuisances, Section 5-1-7: Noise Prohibited. (1 hr.) ACTION REQUESTED OF COUNCIL: Discuss/review Ordinance No. 3, Series of 1999 prior to first reading. BACKGROUND RATIONALE: This is an ordinance creating new zone districts for the implementation of the Lionshead Redevelopment Master Plan. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 3, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed code amendments with minor modifications. 2. Ordinance No. 4, Series of 1999, Discussion of an Ordinance Dominic Mauriello Amending The Official Zoning Map For The Town Of Vail In Accordance With Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcels Of Land In The Lionshead Area In Accordance With The Attached Map To Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; And Rezoning Tract E And The Lionshead Parking Structure In Accordance With The Attached Map To General Use District. (30 mins.) ACTION REQUESTED OF COUNCIL: Discuss/review Ordinance No. 4, Series of 1999 prior to first reading. BACKGROUND RATIONALE: This is an ordinance rezoning areas of Lionshead to new zone districts Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts in accordance with the map included in your packet and rezoning Tract E and the Lionshead parking structure from Parking District to General Use District. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 4, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed rezonings. 3. Review of Ordinance No. 2, Series of 1999, an Ordinance Making Steve Thompson Supplemental Appropriations from the Town of Vail General Fund, Booth Creek Debt Service Fund, Heavy Equipment Fund, Housing Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 1999 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (15mins.) ACTION REQUESTED OF COUNCIL: Review Ordinance No. 2, Series of 1999 prior to first reading. BACKGROUND RATIONALE: This Supplemental Appropriation is primarily required to appropriate funds in 1999 for unspent appropriations in 1998 and to appropriate funds needed for the buy down program. 4. Information Update. (10 mins.) 5. Council Reports. (10 mins.) 6. Other. (10 mins.) 7. Adjournment - 4:15 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/9/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/16/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 3/16/99, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 2, 1999 7:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA: (5 mins.) a. Approve the Minutes from the meetings of February 2"d and 161H 3. Ordinance No. 2, Series of 1999, first reading of an Ordinance Steve Thompson Making Supplemental Appropriations from the Town of Vail General Fund, Booth Creek Debt Service Fund, Heavy Equipment Fund, Housing Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 1999 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 2, Series of 1999 on first reading. BACKGROUND RATIONALE: This Supplemental Appropriation is primarily required to appropriate funds in 1999 for unspent appropriations in 1998 and to appropriate funds needed for the buy down program. STAFF RECOMMENDATION: Approve Ordinance No. 2, Series of 1999 on first reading. 4. Ordinance No. 3, Series Of 1999, first reading of an Ordinance Dominic Mauriello Amending Title 12, Zoning Regulations, By Adding Two New Zone Districts As Chapter 7h: Lionshead Mixed Use 1 District And Chapter 7i: Lionshead Mixed Use 2 District In Order To Implement The Lionshead Redevelopment Master Plan; Amending Chapter 2, Definitions, Section 12-2-2: Definitions; Amending Chapter 4, Districts Established, Section 12-4-1: Designated, By Adding Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; Amending Chapter 10, Off-Street Parking And Loading, Section 12-10-17: Leasing Of Parking Spaces; Amending Chapter 13, Employee Housing, Section 12- 13-6: Type Iii Employee Housing Unit; Amending Chapter 13, Employee Housing, Section 12-13-7: Type Iv Employee Housing Unit; Amending Chapter 14, Supplemental Regulations, Section 12-14-19: Satellite Dish Antennas; Amending Chapter 15, Gross Residential Floor Area, Section 12-15-3: Definition, Calculation, And Exclusions, Section 12-15-2: GRFA Requirements By Zone District; Amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4a-1: Signs Permitted In Zoning Districts; And Amending Title 5, Public Health And Safety, Chapter 1, Public Nuisances, Section 5-1-7: Noise Prohibited. (1 hr.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 3, Series of 1999 on first reading. BACKGROUND RATIONALE: This is an ordinance creating new zone districts for the implementation of the Lionshead Redevelopment Master Plan. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 3, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed code amendments with minor modifications. RECOMMENDATION: Staff recommends approval of Ordinance No. 3, Series of 1999, on first reading. 5. Ordinance No. 4, Series of 1999, first reading of an Ordinance Amending Dominic Mauriello the Official Zoning Map For The Town Of Vail In Accordance With Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcels Of Land In The Lionshead Area In Accordance With The Attached Map To Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; And Rezoning Tract E And The Lionshead Parking Structure In Accordance With The Attached Map To General Use District. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 4, Series of 1999 on first reading. BACKGROUND RATIONALE: This is an ordinance rezoning areas of Lionshead to new zone districts Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts in accordance with the map included in your packet and rezoning Tract E and the Lionshead parking structure from Parking District to General Use District. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 4, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed rezonings. RECOMMENDATION: Staff recommends approval of Ordinance No. 4, Series of 1999, on first reading. 6. Resolution No. 4, Series of 1999, a Resolution Approving the Miller Tom Moorhead Ranch-Berry Creek Intergovernmental Agreement. (30 mins.) Andy Knudtsen ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 4, Series of 1999. BACKGROUND RATIONALE: This Intergovernmental Agreement has been approved by the Recreation Authority Board of Directors and is being sent to each member entity for its approval. STAFF RECOMMENDATION: Adopt Resolution No. 4, Series of 1999. 7. Town Manager's Report. (10 mins.) 8. Adjournment - 9:30 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/9/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/16199, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 3116199, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 2, 1999 7:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA: (5 mins.) a. Approve the Minutes from the meetings of February 2"d and 16th 3. Ordinance No. 2, Series of 1999, first reading of an Ordinance Steve Thompson Making Supplemental Appropriations from the Town of Vail General Fund, Booth Creek Debt Service Fund, Heavy Equipment Fund, Housing Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 1999 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 2, Series of 1999 on first reading. BACKGROUND RATIONALE: This Supplemental Appropriation is primarily required to appropriate funds in 1999 for unspent appropriations in 1998 and to appropriate funds needed for the buy down program. STAFF RECOMMENDATION: Approve Ordinance No. 2, Series of 1999 on first reading. 4. Ordinance No. 3, Series Of 1999, first reading of an Ordinance Dominic Mauriello Amending Title 12, Zoning Regulations, By Adding Two New Zone Districts As Chapter 7h: Lionshead Mixed Use 1 District And Chapter 7i: Lionshead Mixed Use 2 District In Order To Implement The Lionshead Redevelopment Master Plan; Amending Chapter 2, Definitions, Section 12-2-2: Definitions; Amending Chapter 4, Districts Established, Section 12-4-1: Designated, By Adding Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; Amending Chapter 10, Off-Street Parking And Loading, Section 12-10-17: Leasing Of Parking Spaces; Amending Chapter 13, Employee Housing, Section 12- 13-6: Type Iii Employee Housing Unit; Amending Chapter 13, Employee Housing, Section 12-13-7: Type Iv Employee Housing Unit; Amending Chapter 14, Supplemental Regulations, Section 12-14-19: Satellite Dish Antennas; Amending Chapter 15, Gross Residential Floor Area, Section 12-15-3: Definition, Calculation, And Exclusions, Section 12-15-2: GRFA Requirements By Zone District; Amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4a-1: Signs Permitted In Zoning Districts; And Amending Title 5, Public Health And Safety, Chapter 1, Public Nuisances, Section 5-1-7: Noise Prohibited. (1 hr.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 3, Series of 1999 on first reading. BACKGROUND RATIONALE: This is an ordinance creating new zone districts for the implementation of the Lionshead Redevelopment Master Plan. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 3, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed code amendments with minor modifications. RECOMMENDATION: Staff recommends approval of Ordinance No. 3, Series of 1999, on first reading. 5. Ordinance No. 4, Series of 1999, first reading of an Ordinance Amending Dominic Mauriello the Official Zoning Map For The Town Of Vail In Accordance With Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcels Of Land In The Lionshead Area In Accordance With The Attached Map To Lionshead Mixed Use 1 District And Lionshead Mixed Use 2 District; And Rezoning Tract E And The Lionshead Parking Structure In Accordance With The Attached Map To General Use District. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance No. 4, Series of 1999 on first reading. BACKGROUND RATIONALE: This is an ordinance rezoning areas of Lionshead to new zone districts Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts in accordance with the map included in your packet and rezoning Tract E and the Lionshead parking structure from Parking District to General Use District. The details of the proposal are contained in the February 22, 1999 Planning and Environmental Commission memorandum and proposed Ordinance No. 4, Series of 1999, which are included in the Town Council packet. The Planning and Environmental Commission, at its February 22, 1999 meeting, recommended approval (unanimously) of the proposed rezonings. RECOMMENDATION: Staff recommends approval of Ordinance No. 4, Series of 1999, on first reading. 6. Resolution No. 4, Series of 1999, a Resolution Approving the Miller Tom Moorhead Ranch-Berry Creek Intergovernmental Agreement. (30 mins.) Andy Knudtsen ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 4, Series of 1999. BACKGROUND RATIONALE: This Intergovernmental Agreement has been approved by the Recreation Authority Board of Directors and is being sent to each member entity for its approval. STAFF RECOMMENDATION,: Adopt Resolution No. 4, Series of 1999. 7. Town Manager's Report. (10 mins.) 8. Adjournment - 9:30 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/9199, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/16/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 3/16/99, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 2/26/99) MARCH, 1999 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:00 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on every Tuesday afternoon. THE MARCH. 1999, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesdav. March 2. 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesdav. March 9. 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesdav. March 16. 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesdav. March 23. 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesdav. March 30. 1999 Work session............ NO MEETING DUE TO 5T" TUESDAY TOWN OF VAIL ~_~i~l((,1cJ ~1 ~ ~ Pamela A. Brandmeyer Assistant Town Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1999 2/16199 NOISE LEVELS ON INTERSTATE GREG'S MORRISON AND HALL: An observation - noise Sybill's request was aimed more at reinforcing the State Patrol's presence; 70 levels have been reduced substantially with the presence therefore, please send a letter with Council perceptions and reactions to Sybill Navas and active enforcement on the Interstate of the State Patrol. their increased visibility and presence and to thank them. If this were more routine in our jurisdiction and speeds were strictly enforced coming down off Vail Pass, would it reduce PLEASE SEE attached letter. the noise levels the community experiences from trucks? 2/16/99 VAIL VILLAGE LOADING/ GREG H./GREG M./BOB: A request has been made to DELIVERY remove all loading/delivery/semi's from Hanson Ranch Road Sybill Navas/Ludi Kurz and to come up w/a distribution point, regardless of whether that distribution center is located within the TOV's jurisdiction. And to do it IMMEDIATELY! Ludi suggested combining forces w/Beaver Creek, which is experiencing some similar difficulties. February 25, 1999, Page 1 I TOWN OF VAIL 75 South Frontage Road Department of Police Vail, Colorado 81657 Office of the Chief 970-479-2210 February 25, 1999 Major Michael King Colorado State Patrol 222S.6 1h St. Suite 404 Grand Junction, CO 81501 Dear Major King, On behalf of the Vail Town Council, I'm writing to thank you and the members of the Colorado State Patrol who patrolled our roads and Interstate 70 during the 1999 World Alpine Ski Championships. The Council appreciates the visibility of the Colorado State Patrol and believes that such high visibility had a very positive effect on drivers in the community. Several Town Council members who live in East Vail in close proximity to the Interstate Highway noticed significant reductions in the speeds of vehicles on 1-70, especially west bound commercial trucks coming down Vail Pass. The Town Council wanted me to express their appreciation and to relay their support for any future speed enforcement activities by the Colorado State Patrol on Interstate 70 in the Vail area. It was a pleasure working with the men and women of the Colorado Sate Patrol during the Championships and I look forward to future cooperative efforts by our two organizations. Sincerelv, Greg Morrison Chief of Police O e RECYCLED PAPER ORDINANCE NO. 3 Series of 1999 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, BY ADDING TWO NEW ZONE DISTRICTS AS CHAPTER 7H: LIONSHEAD MIXED USE 1 DISTRICT AND CHAPTER 71: LIONSHEAD MIXED USE 2 DISTRICT IN ORDER TO IMPLEMENT THE LIONSHEAD REDEVELOPMENT MASTER PLAN; AMENDING CHAPTER 2, DEFINITIONS, SECTION 12-2- 2: DEFINITIONS; AMENDING CHAPTER 4, DISTRICTS ESTABLISHED, SECTION 12-4-1: DESIGNATED, BY ADDING LIONSHEAD MIXED USE 1 DISTRICT AND LIONSHEAD MIXED USE 2 DISTRICT; AMENDING CHAPTER 10, OFF-STREET PARKING AND LOADING, SECTION 12-10-17: LEASING OF PARKING SPACES; AMENDING CHAPTER 13, EMPLOYEE HOUSING, SECTION 12-13-6: TYPE III EMPLOYEE HOUSING UNIT: AMENDING CHAPTER 13, EMPLOYEE HOUSING, SECTION 12-13-7: TYPE IV EMPLOYEE HOUSING UNIT; AMENDING CHAPTER 14, SUPPLEMENTAL REGULATIONS, SECTION 12- 14-19: SATELLITE DISH ANTENNAS; AMENDING CHAPTER 15, GROSS RESIDENTIAL FLOOR AREA, SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, SECTION 12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT; AMENDING TITLE 12 SIGN REGULATIONS, CHAPTER 4, SIGN CATEGORIES, SECTION 11-4A-1: SIGNS PERMITTED IN ZONING DISTRICTS; AND AMENDING TITLE 5, PUBLIC HELTH AND SAFETY, CHAPTER 1, PUBLIC NUISANCES, SECTION 5-1-7: NOISE PROHIBITED. WHEREAS, the Town Council desires to implement the Lionshead Redevelopment Master Plan, adopted by the Town on December 15, 1998; and WHEREAS, the Town Council finds that the Lionshead Mixed Use 1 District and the Lionshead Mixed Use 2 District are compatible with and suitable to adjacent uses, are consistent with the Lionshead Redevelopment Master Plan, Town's Land Use Plan, and Zoning Regulations, and are appropriate for the area; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these new zone districts at its February 22, 1999 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Chapter and Sections of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12, Chapter 7, adding new Article H. Lionshead Mixed Use 1 District, to read as follows: ARTICLE H. LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT SECTION: 12-7H-1: Purpose 12-71-1-2: Permitted and Conditional Uses; Basement Or Garden Level: 12-71-1-3: Permitted and Conditional Uses; First Floor Or Street Level: 12-7H-4: Permitted and Conditional Uses; Second Floor and Above: 12-7H-5: Conditional Uses; Generally 12-7H-6: Accessory Uses 12-7H-7: Exterior Alterations Or Modifications 12-7H-8: Compliance Burden 12-7H-9: Lot Area and Site Dimensions 12-71-1-10: Setbacks 12-71-1-11: Height and Bulk 12-7H-12: Density (dwelling units per acre) 12-7H-13: Gross Residential Floor Area (GRFA) Ordinance No. 3. Series of 1999 1 12-7H-14: Site Coverage . 12-7H-15: Landscaping and Site Development 12-7H-16: Parking and Loading 12-71-1-17: Location Of Business Activity 12-7H-18: Mitigation of Development Impacts 12-7H-1: PURPOSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants. offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure 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. This district is meant to encourage and provide incentives for redevelopment in accordance,with the Lionshead Redevelopment Master Plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create a economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Public or private lockers and storage. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. Theaters. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrian way. Ordinance No. 3 , Series of 1999 2 B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Financial institutions, other than banks. Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Liquor stores. Radio, TV stores, and repair shops. Theaters. 12-7H-5: CONDITIONAL USES; GENERALLY (on all levels of a building or outside of a building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Public or private parking lots. Public buildings, grounds, and facilities. Public park and recreation facilities. Ordinance No. 3, Series of 1999 3 Public utility and public service uses. Private outdoor recreation facilities, as a primary use. Ski lifts and tows. Television stations. 12-71-11-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental . to permitted residential or lodge uses. Offices, lobbies. laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-71-11-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than 1,000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 12-16 of the Zoning Regulations. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Lionshead Redevelopment Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet 4 Ordinance No. 3 . Series of 1999 (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 1'). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with the Lionshead Redevelopment Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 500 declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 200 declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (P EC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Lionshead Redevelopment Master Plan. 4. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a worksession with the Town Council. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void two (2) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. Ordinance No. 3. Series of 1999 5 12-7H-8: COMPLIANCE BURDEN: - It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative affects on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-71-1-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of 71' with a maximum height of 82.5', as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-71-1-12: DENSITY (dwelling units per acre): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a lodge dwelling unit, as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than 250.sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft. of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Multiple- family dwelling units in this zone district shall not be entitled to additional Gross Residential Floor Area under the 250 Ordinance, Section 12-15-5, of the Municipal Code. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-16: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (2) the required parking shall be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed Ordinance No. 3. Series of 1999 6 by outdoor display. 12-71-1-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. Section 2. Title 12, Chapter 7, adding new Article I. Lionshead Mixed Use 2 District, to read as follows: ARTICLE I. LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT SECTION: 12-71-1: Purpose 12-71-2: Permitted and Conditional Uses; Basement Or Garden Level: 12-71-3: Permitted and Conditional Uses; First Floor Or Street Level: 12-71-4: Permitted and Conditional Uses; Second Floor and Above: 12-71-5: Conditional Uses; Generally 12-71-6: Accessory Uses 12-71-7: Exterior Alterations Or Modifications 12-71-8: Compliance Burden 12-71-9: Lot'Area and Site Dimensions 12-71-10: Setbacks 12-71-11: Height and Bulk 12-71-12: Density (dwelling units per acre) 12-71-13: Gross Residential Floor Area (GRFA) 12-71-14: Site Coverage 12-71-15: Landscaping and Site Development 12-71-16: Parking and Loading 12-71-17: Location Of Business Activity 12-71-18: Mitigation of Development Impacts 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure 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. This district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create a economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Ordinance No. 3 , Series of 1999 7 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Public or private lockers and storage. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar.to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. Theaters. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrian way. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in . accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Financial institutions, other than banks. Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Ordinance No. 3, Series of 1999 Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Lodges and accommodation units. Multiple-family residential dwelling units. timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of.Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Liquor stores. Radio, TV stores, and repair shops. Theaters. 12-71-5: CONDITIONAL USES; GENERALLY (on all levels of a building or outside of a building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit. in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Gasoline and service stations. Public or private parking lots. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Private outdoor recreation facilities, as a primary use. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. 12-71-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Ordinance No. 3 . Series of 1999 9 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units. accommodation units. fractional fee club units, timeshare units, any project which adds more than 1,000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 12-16 of the Zoning Regulations. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any. application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Lionshead Redevelopment Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 1'). The material listed above shall include adjacent buildings and improvements as necessary'to demonstrate the project's compliance with the Lionshead Redevelopment Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21 /September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 200 declination 2:00 P.M. 30` west of south, 20° declination 10 Ordinance No. 3 Series of 1999 g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces. and adopted views per Chapter 22 of this Title. j. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Lionshead Redevelopment Master Plan. 4. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a worksession with the Town Council. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void two (2) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-71-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 2 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative affects on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-71-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-71-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-71-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of 71' with a maximum height of 82.5', as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed Ordinance No. 3 . Series of 1999 1 and approved by the Design Review Board. - 12-71-12: DENSITY (dwelling units per acre): Unless otherwise specified in the Lionshead Redevelopment Master Plan. not more than a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units. accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a lodge dwelling unit, as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density. 12-71-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than 250 sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft, of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Multiple- family dwelling units in this zone district shall not be entitled to additional Gross, Residential -Floor Area under the 250 Ordinance, Section 12-15-5, of the Municipal Code. 12-71-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-71-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-71-16: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (2) the required parking shall be located within the main building or buildings. 12-71-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations: Exception: All offices. businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-71-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include. but is not limited to, the following: roadway improvements, pedestrian walkway improvements. streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. Section 3. Title 12, Chapter 2, Section 12-2-2: Definitions, is hereby amended by adding the following definitions: Commercial Ski Storage: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing-related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. Ordinance No. 3 , Series of 1999 12 Personal Services: A commercial business where a service is offered to the customer including beauty and barber shops, tailor shops, and similar services. Lodge dwelling unit: A small dwelling unit with limited kitchen and floor area and which contains 650 sq. ft. or less of floor area and is intended to be rented on a short term basis. Section 4. Title 12, Chapter 4, Section 12-4-1: Designated, is hereby amended to add the following zone districts: Lionshead Mixed Use 1 District (LMU-1) Lionshead Mixed Use 2 District (LMU-2) Section 5. Title 12, Chapter 10, Section 12-10-17: Leasing of Parking Spaces, is hereby amended as follows: (Note: Text which is stfiekeR is being deleted and text which is underlined is being added.) Modify B(1) as follows: B. Lease Qualifications; Application To Lease: A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in Commercial Core 1, Commercial Core 2, Commercial Core 3, High Density Multiple-Family, Public Accommodations, Lionshead Mixed Use 1. Lionshead Mixed Use 2 or special development zone districts and provides sufficient parking for use by employees may apply to the Administrator of the Town for a permit to lease parking spaces. Section 6. Title 12, Chapter 13, Section 12-13-6: Type III Employee Housing Unit and Section 12-13-7: Type IV Employee Housing Unit are hereby amended as follows: (Note: Text which is Stfi6kea is being deleted and text which is underlined is being added.) Section 12-13-6: Type III Employee Housing Unit Modify B(1 and 3) as follows (modify summary table as necessary): B. General Conditions: 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple- Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, General Use, and Ski Base/Recreation Zone Districts. It shall be a permitted use in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. 3. It shall be counted as five-tenths (0.5) dwelling unit for the purposes of calculating density, unless located in the Lionshead Mixed Use 1 or Lionshead Mixed Use 2 zone districts. where it is not counted as density. The number of Type III employee housing units shall be determined by the Planning and Environmental Commission as part of the conditional use permit review process set forth in Section 12-16-6,"Criteria; Findings" of this Title, if aoDlicable. Section 12-13-7 Type IV Employee Housing Unit Modify B(1 and 3) as follows (modify summary table as necessary): B. General Conditions: 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple- Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core 2, Commercial Core 3, Commercial Service Center, Arterial Business District, Parking District, General Use, and Ski/Base Recreation Zone Districts. It shall be a Dermitted use in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. 3. It shall be counted as 0.333 of a dwelling unit for the purposes of calculating 3 Ordinance No. 3. Series of 1999 density, unless located in the Lionshead Mixed Use 1 or Lionshead Mixed Use 2 zone districts. where it is not counted as densitv. The number of Type IV employee housing units shall be determined by the Planning and Environmental Commission as part of the conditional use permits review process set forth in Section 12-16-6 of this Title. if apolicable. Section 7. Title 12, Chapter 14, Section 12-14-19: Satellite Dish Antennas, is hereby amended as follows: (Note: Text which is $4 GkeR is being deleted and text which is underlined is being added.) Modify D(1)(i) as follows: D. Compliance With Requirements; Variance: 1. Requirements: Satellite dish antennas shall comply with the following requirements: i. Due to the special aesthetic importance of the core areas of the Town, exterior installations of satellite dish antennas in Commercial Cores 1, aRd 2. Lionshead Mixed Use 1. and Lionshead Mixed Use 2 zone districts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. Section 8. Title 12, Chapter 15, Section 12-15-2: GRFA Requirements by Zone District and Section 12-15-3: Definition, Calculation, and Exclusions, are hereby amended as follows: (Note: Text which is ctrthaR is being deleted and text which is underlined is being added.) Section 12-15-2: GRFA Requirements by Zone District Modify by adding Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts to table as follows: GRFA Zone Districts Ratio/Percentaoe GRFA Credits LMU-1 250% of buildable lot area None Lionshead Mixed Use 1 LMU-2 250% of buildable lot area None Lionshead Mixed Use 2 Section 12-15-3: Definition, Calculation, and Exclusions Modify 2(b) as follows: Multiple-Family Structures: Within buildings containing more than two (2) allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage: a. Enclosed garages to accommodate on-site parking requirements. b. All or part of the following spaces, provided such spaces are common spaces. aed W.at : f all the feNewiRQ sp c &k :II r9t e (Gees :KFIcy4ive (35%) of the allewable GRPA erTiV4,~zr. th PeFGeRt exeee:'s t. c`:al! G R FA. (1) Common hallways, stairways, elevator shafts and airlocks. (2) Common lobby areas. (3) Common enclosed recreation facilities. (4) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. Ordinance No. 3. Series of 1999 14 Ga4c_V'at;9R as GRP rS Pry: t;E W9 F:RiRiFRF}M sq:AaTa feetaac FsZj ;F_~d to allow !AFthc i,=.... E' --eE 3nieal sycts""... (5) Common closet and storage areas, providing access to such areas is from common hallways only. (6) Meeting and convention facilities. (7) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (8) Floor area to be used in a Type III or a Type IV "Employee Housing Unit (EHU)" as defined and restricted by Chapter 13 of this Title; of the thi4 , five ,aT FeeRr (35 ` , „)i ~ ' c^ r-a3......3.' 1'..o3 _ .9WµaflE@-de#iRQd 1. 044 ~trt.. cliity-peFeeR;-(6G~,r, at allowed eemmen aFea shall be ; elwde~ iF tf,2 eafeutat;an -1 s p:epeHy OW41 #teea ZZ; 3L TTY; f,44 f'~ F ifs t9 Feplaeed Section 9. Title 11, Chapter 4, Section 11-4A-1: Signs permitted in Zoning Districts, is hereby amended by adding Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts . to the table in the same category which contains Commercial Core 2. Section 10. Title 5, Chapter 1, Section 5-1-7: Noise Prohibited, is hereby amended to read as follows: (Note: Text which is stFiekeR is being deleted and text which is underlined is being added.) Modify G(3)(b) as follows: G. Motor Vehicle Noise: b. Notwithstanding subsection G3a above, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead Mixed Use 1, Lionshead Mixed Use 2. Commercial Core 1 or the Commercial Core 2 Zone Districts of the Town. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 13. The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 14. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 15 Ordinance No. 3, series of 1999 INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March. 1999, and a public hearing for second reading of this Ordinance set for the 16th day of March, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor Attest: Lorelei Donaldson, Town Clerk 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of March, 1999. Robert E. Ford, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 1999 16 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 22, 1999 SUBJECT: A request for the establishment of new zone districts entitled Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District (Title 12, Zoning), in order to implement the Lionshead Redevelopment Master Plan. Other modifications are being made to other sections of Title 12, namely, Chapter 4 Districts Established, Chapter 10 Off-Street Parking and Loading, Chapter 13 Employee Housing, Chapter 14 Supplemental Regulations, and Chapter 15 Gross Residential Floor Area (GRFA). Additionally Title 11 Sign Regulations and Title 5 Public Health and Safety are being modified. Applicant: Town of Vail Planner: Dominic Mauriello 1. DESCRIPTION OF THE REQUEST The Town is proposing two new zone districts, Lionshead Mixed Use 1 (LMU1) District and Lionshead Mixed Use 2 (LMU2) District in order to implement the Lionshead Redevelopment Master Plan. This proposal is proposed in conjunction with a request to rezone the Lionshead area which is a separate agenda item. LMU1 affects the majority of the Lionshead area and LMU2 affects those parcels located in the west end of Lionshead (i.e., Holy Cross Parcel, Amoco, and the VA maintenance yard). II. STAFF RECOMMENDATION The Community Development Department is recommending that the Planning and Environmental Commission recommend approval of the Lionshead Mixed Use 1 District and the Lionshead Mixed Use 2 District to the Town Council, subject to following findings: 1. That the proposed zone districts are consistent with the Lionshead Redevelopment Master Plan. 2. That the proposed zone districts are consistent and compatible with existing and potential uses and generally in keeping with the character of the neighborhood and adjacent, properties. F:\EVERYONE\PEC\MEMOS\99\LIONZON2.DOC 1 4VAIL" TOWNOF III. DETAILED DESCRIPTION OF PROPOSAL The proposed LMU1 District is very similar to the Commercial Core 2 District that exists in Lionshead today. Section 12-71-1-1: Purpose This section has been developed to reference the goals and objectives of the Lionshead Redevelopment Master Plan. Section 12-71-1-2: Permitted and Conditional Uses; Basement or Garden Level This section is very similar to CC2. Some additional uses have been added to the conditional use section such as lodges, conference facilities and dwelling units. Currently in CC2, these uses are not permitted on this level of the building. Staff is proposing to include them here since many properties in Lionshead are condominium buildings with dwelling units on garden levels and first floors. By listing these uses as a conditional use, the PEC will review the potential locations of such uses to determine if they are appropriate given the goals of the Lionshead Redevelopment Master Plan. Section 12-71-1-3: Permitted and Conditional Uses; First Floor or Street Level Again, this section is very similar to the CC2 District. As discussed above, residential uses and lodge uses have been added as conditional uses to accommodate those properties which are not located in the pedestrian retail areas. Section 12-71-1-4: Permitted and Conditional Uses; Second Floor and Above One major difference between this proposal and the CC2 district, is the CC2 district treats the second floor separately from the third floor and above. This proposal does not distinguish between the second and third floors. The major difference in allowed uses in the CC2 zone between the second and third floors is that offices and retail uses require a conditional use permit on the third floor and above. The LMU1 district allows office uses, retail, dwelling units, etc. as a permitted use on the second floor and above. Section 12-71-1-5: Conditional Uses; Generally This section remains mostly the same as CC2 with the addition of "private outdoor recreation facilities." Section 12-71-1-6: Accessory Uses This section is similar to CC2 with the addition of loading and delivery facilities, and office, lobbies, laundry facilities which are commonly used in the operation of hotels. Section 12-71-1-7: Exterior Alterations or Modifications This section has been changed substantially from the CC2 district. As proposed, if a project does not involve the addition of dwelling units, accommodation units, fractional fee club units, timeshare units, does not involve the addition of more than 1,000 sq. ft. of commercial floor area or common space, or a project which does not have "substantial" off-site impacts, then that project can be reviewed directly by the Design Review Board (DRB decisions are subject to call-up by the Town Council). Hence, a project which fails the above test, must be reviewed by the Planning and Environmental Commission as a major exterior alteration. This process is unchanged from the CC2 zone district, other than eliminating any special submittal dates. PEC decisions are subject to call-up by the Town Council. F:\EVERYONE\PEC\MEMOS\99\LIONZON2.DOC 2 Section 12-7H-8: Compliance Burden This section is very similar to the CC2 zone, except now referencing the Lionshead Redevelopment Master Plan. Section 12-7H-9: Lot Area and Site Dimensions This section remains unchanged from CC2. Section 12-7H-10: Setbacks This section is modified slightly from the CC2 zone by referencing the Lionshead Redevelopment Master Plan and build-to lines. Section 12-7H-11: Height and Bulk This section establishes the average building height of 71' with a maximum height of 82', and references the Lionshead Redevelopment Master Plan for the specifics of the building height measurement and design guidelines. A statement is provided to ensure flexibility with respect to existing buildings and redevelopment projects. Additionally, architectural projections and landmark features are permitted to exceed the 82.5' limitation, per the Lionshead Redevelopment Master Plan. Section 12-7H-12: Density (dwelling units per acre) This section implements the density criteria established in the Master Plan. It allows for a 33% increase over the existing development or 35 dwelling units per acre, whichever is greater. It also allows EHUs, accommodation units, timeshare units and fractional fee club units to not'be counted as density. This section also allows a "lodge dwelling unit" to be counted as'/a of a dwelling unit. Section 12-7H-13: Gross Residential Floor Area This section implements the GRFA recommendations of the Master Plan. GRFA is proposed at 250 sq. ft. per each 100 sq. ft. (250%) of lot area (as currently calculated) or a 33% increase over what is existing, whichever is greater. Section 12-7H-14: Site Coverage This section remains unchanged from the CC2 zone district. Section 12-7H-15: Landscaping and Site Development This section remains unchanged from the CC2 zone district. Section 12-7H-16: Parking and Loading This section remains unchanged from the CC2 zone district. Section 12-7H-17: Location of Business Activity This section remains unchanged from the CC2 zone district. Section 12-7H-18: Mitigation of Development Impacts This is a new section. This section provides the expectation to applicants and property owners that they will be responsible for mitigating any new impacts created on public infrastructure caused by their development/redevelopment. The PEC will be charged with determining the extent of impacts based on reports prepared by staff or qualified consultants. F:\EVERYONE\PEC\MEMOS\99\LIONZON2.DOC 3 Lionshead Mixed Use 2 District The Lionshead Mixed Use 2 District only varies from the LMU-1 District by the addition of gasoline and service stations, vehicle maintenance, service, repair, fueling, and storage, and storage and warehousing all listed as conditional uses. See attached. Additional Code Changes: Title 12 Zoning Regulations: Proposed definitions have been developed for commercial ski storage, personal services, and lodge dwelling unit. These definitions are attached. . Chapter 4 Districts Established Section 12-4-1: Designated This section is being modified to add Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District to the inclusive of all zones districts established by the zoning code. Chapter 10 Off Street Parking and Loading Section 12-10-17: Leasing of Parking Spaces This section is being amended to add Lionshead Mixed Use 1 District and Lionshead. Mixed Use 2 District as districts where leasing of parking spaces may occur. Chapter 13 Employee Housing Section 12-13-6: Type 111 Employee Housing Unit This section is being modified to add Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District to the list of zone districts where Type III EHUs are allowed as a permitted use. Section 12-13-7 Type IV Employee Housing Unit This section is being modified to add Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District to the list of zone districts where Type IV EHUs are allowed as a permitted use. Chapter 14 Supplemental Regulations Section 12-14-19 Satellite Dish Antennas This section is being modified to add Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District to the areas where satellite dishes must be enclosed. Chapter 15 Gross Residential Floor Area Section 12-15-3: Definition, Calculation, and Exclusions This section has been modified to eliminate the 35% of GRFA limitation on common area. This change allows the development of common area without limitation on projects throughout the Town of Vail. Section 12-15-2: GRFA Requirements by Zone District This section is being modified to add LMU-1 and LMU-2 districts to the GRFA table with a 250% ratio of GRFA. F:\EVERYONE\PEC\MEMOS\99\LIONZON2.DOC 4 Title 11 Sign Regulations: Chapter 4 Sign Categories Section 11-4A-1: Signs Permitted in Zoning Districts This section is being amended to add Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District to the list of zone districts. Title 5 Public Health and Safety: Chapter 1 Public Nuisances Section 5-1-7: Noise Prohibited This section is being modified to add Lionshead Mixed Use 1 District to the area where it is unlawful for a truck to idle unattended. F:\EVERYONE\PEC\MEMOS\99\LIONZON2.DOC 5 Attachment Proposed Text Changes Revised per PEC recommendation of February 22,1999 ARTICLE H. LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT SECTION: 12-71-1-1: Purpose 12-7H-2: Permitted and Conditional Uses; Basement Or Garden Level: 12-7H-3: Permitted and Conditional Uses; First Floor Or Street Level: 12-7H-4: Permitted and Conditional Uses; Second Floor and Above: 12-7H-5: Conditional Uses; Generally 12-7H-6: Accessory Uses 12-7H-7: Exterior Alterations Or Modifications 12-7H-8: Compliance Burden 12-7H-9: Lot Area and Site Dimensions 12-7H-10: Setbacks 12-7H-11: Height and Bulk 12-7H-12: Density (dwelling units per acre) 12-7H-13: Gross Residential Floor Area (GRFA) 12-7H-14: Site Coverage 12-7H-15: Landscaping and Site Development 12-7H-16: Parking and Loading 12-7H-17: Location Of Business Activity 12-7H-18: Mitigation of Development Impacts 12-71-1-1: PURPOSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure 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. This district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create a economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help 1 finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-711-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement- or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Public or private lockers and storage. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. Theaters. 12-711-11-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrian way. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments. 2 Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Financial institutions, other than banks. Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Liquor stores. Radio, TV stores, and repair shops. 3 Theaters. 12-71-1-5: CONDITIONAL USES; GENERALLY (on all levels of a building or outside of a building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Public or private parking lots. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Private outdoor recreation facilities, as a primary use. Ski lifts and tows. Television stations. 12-71-1-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-71-1-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than 1,000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Any project which requires a conditional use permit shall also obtain approval of 4 the Planning and Environmental Commission in accordance with Chapter 12-16 of the Zoning Regulations. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Lionshead Redevelopment Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 1'). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with the Lionshead Redevelopment Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact 5 on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Lionshead Redevelopment Master Plan. 4. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a worksession with the Town Council. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article 6 shall lapse and become void two (2) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative affects on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-71-1-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of 71' with a maximum height of 82.5', as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-71-1-12: DENSITY (dwelling units per acre): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a lodge dwelling unit, as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than 250 sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft. of buildable site area, 7 or an increase of 33% over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional Gross Residential Floor Area under the 250 Ordinance, Section 12-15-5, of the Municipal Code. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-16: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (2) the required parking shall be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. 8 ARTICLE I. LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT SECTION: 12-71-1: Purpose 12-71-2: Permitted and Conditional Uses; Basement Or Garden Level: 12-71-3: Permitted and Conditional Uses; First Floor Or Street Level: 12-71-4: Permitted and Conditional Uses; Second Floor and Above: 12-71-5: Conditional Uses; Generally 12-71-6: Accessory Uses 12-71-7: Exterior Alterations Or Modifications 12-71-8: Compliance Burden 12-71-9: Lot Area and Site Dimensions 12-71-10: Setbacks 12-71-11: Height and Bulk 12-71-12: Density (dwelling units per acre) 12-71-13: Gross Residential Floor Area (GRFA) 12-71-14: Site Coverage 12-71-15: Landscaping and Site Development 12-71-16: Parking and Loading 12-71-17: Location Of Business Activity 12-71-18: Mitigation of Development Impacts 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure 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. This district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create a economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: 9 A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Public or private lockers and storage. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. D. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Radio, TV stores, and repair shops. Theaters. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrian way. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 10 C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Financial institutions, other than banks. Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this , Title). Radio, TV stores, and repair shops. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Section 12-13-6 of this Title and Type IV (EHU) as provided in Section 12-13-7 of this Title). Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Additional uses.determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Liquor stores. Radio, TV stores, and repair shops. Theaters. 12-71-5: CONDITIONAL USES; GENERALLY (on all levels of a building or outside of a building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: 11 Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Gasoline and service stations. Public or private parking lots. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Private outdoor recreation facilities, as a primary use. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. 12-71-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than 1,000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 12-16 of the Zoning Regulations. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and Environmental Commission and Design Review Board review. 12 The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Lionshead Redevelopment Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 1'). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with the Lionshead Redevelopment Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall 13 Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Parking needs assessment and vehicular circulation analysis, prepared by a qualified professional. k. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Lionshead Redevelopment Master Plan. 4. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a worksession with the Town Council. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void two (2) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code 14 provisions affecting the proposal have not changed. 12-71-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 2 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative affects on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-71-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-71-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-71-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of 71' with a maximum height of 82.5', as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board. 12-71-12: DENSITY (dwelling units per acre): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a lodge dwelling unit, as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density. 12-71-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Unless otherwise specified in the Lionshead Redevelopment Master Plan, not more than 250 sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft. of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional Gross Residential Floor Area under the 250 Ordinance, Section 12-15-5, of the Municipal Code. 15 12-71-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-71-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-71-16: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (2) the required parking shall be located within the main building or buildings. 12-71-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-71-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, .pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. 16 Proposed Amendments to Other Sections of Code (Note: Text which is rtF*Gk9R is being deleted and text which is underlined is being added.) Title 12 Zoning Chapter 2 Section 12-2-2: Definitions Commercial Ski Storage: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing-related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. Personal Services: A commercial business where a service is offered to the customer including beauty and barber shops, tailor shops, and similar services. Lodge dwelling unit: A small dwelling unit with limited kitchen and floor area and which contains 650 sq. ft. or less of floor area and is intended to be rented on a short term basis. Chapter 4 Districts Established Section 12-4-1: Designated Add: Lionshead Mixed Use 1 District (LMU-1) Lionshead Mixed Use 2 District (LMU-2) Chapter 10 Off-Street Parking and Loading Section 12-10-17: Leasing of Parking Spaces Modify B(1) as follows: B. Lease Qualifications; Application To Lease: A parking space, spaces or areas may be leased by the owner, occupant or building manager thereof in accordance with the following: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in Commercial Core 1, Commercial Core 2, Commercial Core 3, High Density Multiple-Family, Public Accommodations. Lionshead Mixed Use 1. Lionshead Mixed Use 2 or special development zone districts and provides sufficient parking for use by employees may apply to the Administrator of the Town for a permit to lease parking spaces. Chapter 13 Employee Housing Section 12-13-6: Type III Employee Housing Unit Modify B(1 and 3) as follows (modify summary table as necessary): B. General Conditions: 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple- 17 J Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core I, Commercial Core 11, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, General Use, and Ski Base/Recreation Zone Districts. It shall be a permitted use in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. 3. It shall be counted as five-tenths (0.5) dwelling unit for the purposes of calculating density, unless located in the Lionshead Mixed Use 1 or Lionshead Mixed Use 2 zone districts, where it is not counted as densitv. The number of Type III employee housing units shall be determined by the Planning and Environmental Commission as part of the conditional use permit review process set forth in Section 12-16-6, "Criteria; Findings" of this Title, if apDlicable. Section 12-13-7 Type IV Employee Housing Unit Modify B(1 and 3) as follows (modify summary table as necessary): B. General Conditions: 1. It shall be a conditional use in the Residential Cluster, Low Density Multiple- Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodation, Commercial Core 1, Commercial Core 2, Commercial Core 3, Commercial Service Center, Arterial Business District, Parking District, General Use, and Ski/Base Recreation Zone Districts. It shall be a permitted use in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. 3. It shall be counted as 0.333 of a dwelling unit for the purposes of calculating density, unless located in the Lionshead Mixed Use 1 or Lionshead Mixed Use 2 zone districts. where it is not counted as densitv. The number of Type IV employee housing units shall be determined by the Planning and Environmental Commission as part of the conditional use permits review _ process set forth in Section 12-16-6 of this Title, if apDlicable. Chapter 14 Supplemental Regulations Section 12-14-19 Satellite Dish Antennas Modify D(1)(i) as follows: D. Compliance With Requirements; Variance: 1. Requirements: Satellite dish antennas shall comply with the following requirements: i. Due to the special aesthetic importance of the core areas of the Town, exterior installations of satellite dish antennas in Commercial Cores 1, aRd 2, Lionshead Mixed Use 1, and Lionshead Mixed Use 2 zone districts. shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be 18 architecturally compatible with the existing structure. Chapter 15 Gross Residential Floor Area Section 12-15-3: Definition, Calculation, and Exclusions Modify 2(b) as follows: Multiple-Family Structures: Within buildings containing more than two (2) allowable dwellings or accommodation units, the following additional areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage: a. Enclosed garages to accommodate on-site parking requirements. b. All or part of the following spaces, provided such spaces are common spaces. and that the total -squar g cpascc shall qGt- e d thir',y4ive PeFGefltN~d~O,' ef the iiri1 lt`ced irrl t eGeedE the thirty -five -peFes^t ;35%'-~r13; imp m E~2-II bs-iced :n t?1s-sa4s :CwtinnrrT e# (1) Common hallways, stairways, elevator shafts and airlocks. (2) Common lobby areas. (3) Common enclosed recreation facilities. (4) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. ~S;uara#setage sL, Iatrcn ac GaRPA-sha;l be4ha-minlf'.1 jm squ :r8 feetage-requirsd4c all9w fGr the ma?-Ptsnaasc and eperatioA G4 sa; StsmE. (5) Common closet and storage areas, providing access to such areas is from common hallways only. (6) Meeting and convention facilities. (7) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (8) Floor area to be used in a Type I I I or a Type IV "Employee Housing Unit (EHU)" as defined and restricted by Chapter 13 of this Title, provided Ea;d EHU `4ec, arsa shall yet-9XGeed-&+~ peFGEnt 1,69%) (35°,4G_smrnen aFGa allowaRGe d Gt,9ve. AR 6quaG Type -IE N UE Av#ish eXGeeds the s ixty- PeFGeRt a;Ei r;.x of alfewedscrr.^4sr. area sl'dlI "s-if Ad in 4f a pr 3rP-rn2,,n araa feF the 19 r urrase-ef-smplayee-hs using, and s x"1; Gcmm3n wrea~ ~~n^ the T-9WR shall s *ha} the hG616iRg aFSa ^^M.Tr,Cq =SE and that the empleyee ithin the C. All or part of an airlock within an accommodation or dwelling unit not exceeding a maximum of twenty five (25) square feet, providing such unit has direct access to the outdoors. d. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. e. Attic space with a ceiling height of five feet (5) or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. f. Crawl spaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. g. Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet (3') in height and support posts with a diameter of eighteen inches (18") or less which are spaced no closer than ten feet (10') apart. The space between the posts shall be measured from the outer surface of the post. Section 12-15-2: GRFA Requirements by Zone District Modify by adding Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts to table as follows: GRFA Zone Districts Ratio/Percentaae GRFA Credits LMU-1 250% of buildable lot area None Lionshead Mixed Use 1 LMU-2 250% of buildable lot area None Lionshead Mixed Use 2 20 Title 11 Sign Regulations: Chapter 4 Sign Categories Section 11-4A-1: Signs Permitted in Zoning Districts Add Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts to first section, first column of table in same section with CC1 and CC2. Title 5 Public Health and Safety Chapter 1 Public Nuisances Section 5-1-7: Noise Prohibited Modify G(3)(b) as follows: G. Motor Vehicle Noise: b. Notwithstanding subsection G3a above, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead Mixed Use 1. Lionshead Mixed Use 2. Commercial Core 1 or the Commercial Core 2 Zone Districts of the Town. F:\EVERYONE\DOM\L IONHEAD\ZONING\LMU1 rev3.doc 21 ORDINANCE NO. 4 Series of 1999 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCELS OF LAND IN THE LIONSHEAD AREA IN ACCORDANCE WITH THE ATTACHED MAP TO LIONSHEAD MIXED USE 1 DISTRICT AND LIONSHEAD MIXED USE 2 DISTRICT; AND REZONING TRACT E AND THE LIONSHEAD PARKING STRUCTURE IN ACCORDANCE WITH THE ATTACHED MAP TO GENERAL USE DISTRICT. WHEREAS, the Town Council wishes to implement the Lionshead Redevelopment Master Plan, adopted by the Town on December 15, 1998; and WHEREAS, the Town Council finds that the Lionshead Mixed Use 1 District, Lionshead Mixed Use 2 District, and the General Use District, in accordance with the attached map, are compatible with and suitable to adjacent uses, are consistent with the Lionshead Redevelopment Master Plan, Town's Land Use Plan, and Zoning Regulations, and are appropriate for the area; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these zoning map amendments (in accordance with the attached map) at its February 22, 1999 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Official Zoning Map of the Town of Vail is hereby amended as follows: The Lionshead area shall be rezoned to Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District in accordance with the attached map. Additionally, Tract E and the Lionshead parking structure shall be rezoned to General Use District in accordance with the attached map. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections,. subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 4, Series of 1999 1 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 1999, and a public hearing for second reading of this Ordinance set for the 16th day of March, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of March, 1999. Robert E. Ford, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 1999 2 LIONSHEAD REZONINGS Proposed General Use Distric Proposed Lionshead Mixed-Use 1 District\~" VANTAG -POINT TRA v PARKING STRUCTURE W.EST:: WINDS 395 PJ~ INTERNATIQN N . L . .:5.46: ......300::: .LIONS....... Proposed Lionshead .VAIL21 ..701.. . Mixed-Use 2 District 70 LAgbIAARK LIPTHOUSE:. EASI LIUNaHtAUunt,Le Li SHEA61 N : 910 :555::::: ICE ARENA 795..:::. ~ICNS±+EAP: O 321 : ARCADE. ..450............ RACT 380 A ~ ENZIAN':: O : ......SU 61RD ................531.::::LODGE,47: VAILVALLEYME AL ..G.. 6LA:':'::::: : TREET.OP.S::. QQNSHEAD CENTER .......NAIL SPA : . . 675 452 WONTANEROS:::.. LIBRARY ' .11:0:684 - N HHE~AA.... 161 GIQCENTERD' 292 281 i . . . . . }AARRIOT. . . 715.... NORTH.... ; VA14RFQ4; : Q; . 63S Q Y ~ 'N . D:::::: j TRACT 560 6R. WEST OO ;i:i;MAINT::6HOR::~: • . ~ ~ iON'B~SO<DpRE~ d ANTLERS LOt7c} GOND O DAY LOT.. C........ - :728: A 720- ~ ~ MAfD1,AT 5 FF SEWER - -__i' KIER BRIDGE ' TRACT C PLANT I I Parcels 646 3j 690 Proposed General Use District _ L .-j Lionshead Mixed-Use 1 District Proposed Lionshead Mixed-Use 2 District N \\l' Gore Creek W Evg;. S } The Properties outlined on this map are proposed to be rezoned TOIAI OF VAIL Dept. of Co uulty Dntk4hvM r MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 22, 1999 SUBJECT: A request for a rezoning of property located in the Lionshead Redevelopment Master Plan Area, in accordance with the attached map to a new-zone district entitled Lionshead Mixed Use 1 District and Lionshead Mixed Use 2 District, (including, Vail International, Lodge at Lionshead-Phases 1-III, Tree Tops, Lionshead Center, Lionshead Arcade, Vail 21, Lion's Pride Building, Vantage Point, Lifthouse Condominiums, Westwinds, Sunbird Lodge, Gondola Building, Landmark Condominiums, Landmark Townhomes, North Day Lot, Lionsquare Lodge, Lionsquare North, Montaneros, Concert Hall Plaza, Antlers, Marriott, Enzian, Vail Glo Lodge, Lionshead Inn, Vail Spa, West Day Lot, VA Maintenance Yard and the Amoco Station) and a rezoning of the Lionshead parking structure from Parking District to General Use . Applicant: Town of Vail Planner: Dominic Mauriello 1. DESCRIPTION OF THE REQUEST The Town of Vail is proposing to rezone the Lionshead area in accordance with the attached map in order to bring the zoning in Lionshead into conformance with the Lionshead Redevelopment Master Plan. The Town is proposing 2 zoning districts, Lionshead Mixed Use 1 (LMU-1) District and Lionshead Mixed Use 2 (LMU-2) District. LMU-1 affects the majority of the Lionshead area and LMU-2 affects those parcels located in the west end of Lionshead (i.e., Holy Cross Parcel, Amoco, and the VA maintenance yard). A detailed description of the proposed zone districts is included in a separate memo on another agenda item. Please refer to this additional .memorandum. The proposal also includes a rezoning of the Lionshead Parking Structure and adjacent Tract E from Parking District to General Use District. A copy of the General Use and Parking districts are attached for your reference. II. STAFF RECOMMENDATION The Community Development Department is recommending that the Planning and Environmental Commission recommend approval of the proposed rezonings (in accordance with the map provided) to the Town Council, subject to following findings: 1. That the zone districts are consistent with the Lionshead Redevelopment Master Plan. FAEVERYONE\PEC\MEMOS\99\LIONZON1.DOC 1 TOWN O *VAIL 2. That the zone districts are consistent and compatible with existing and potential uses and generally in keeping with the character of the neighborhood and adjacent properties. III. CRITERIA The PEC shall make the following findings before granting approval of a zone change request: 1) Is the proposed zoning suitable with the existing land use on the site and adjacent land uses? The proposed zone districts for the Lionshead area implement the Lionshead Redevelopment Master Plan which was adopted on December 15, 1998. The master plan determined the community objectives, appropriate uses, development standards, and design standards for the area. The proposed zone districts are compatible with the existing uses and accommodates potential future uses. The proposed zone districts will assist in the redevelopment of the Lionshead area and improve the character of the area. 2) Is the amendment preventing a convenient workable relationship with land uses consistent with municipal objectives. The proposed amendment does not prevent a workable relationship with land uses consistent with municipal objectives. The Lionshead Redevelopment Master Plan documents the community's objectives for the Lionshead area and the proposed zone districts implement the recommendations and objectives of this plan. 3) Does the rezoning provide for the growth of an orderly viable community? The proposed rezonings in the Lionshead area provide for an orderly viable community. The Lionshead Redevelopment Master Plan provides for a 20 + year growth for Lionshead and the proposed rezonings implement the contemplated growth of the area. 4) Is the change consistent with the Land Use Plan? The Lionshead Redevelopment Master Plan and hence the implementation of this plan by the rezoning of the Lionshead area are consistent with the Vail Land Use Plan. The Vail Land Use Plan was adopted in 1986 and has not been revised to reflect new community goals or land use patterns over the past 13 years. However, the proposed rezonings are consistent with this document. The Lionshead area was designated as a Tourist Commercial area which focuses on products and services for the guest. The proposed rezonings provide for this tourist based development. Staff believes the following goals are implemented by the rezoning of these areas of Lionshead: 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. F:\EVERYONE\PEC\MEMOS\99\LIONZONI.DOC 2 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 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 visitors. 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 effectively. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 3. Commercial 3.1 The hotel bed base 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 the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Village Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. F:\EVERYONE\PEC\MEMOS\99\LIONZON1.DOC 3 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. F:\EVERYONE\PEC\MEMOS\99\LIONZON1.DOC 4 LIONSHEAD REZONINGS Proposed General Use Distric Proposed Lionshead Mixed-Use 1 District VANTAG •P01NT TRA i PARKING STRUCTURE Wksr:::::::. Irf WINDS 395 A)I; INTERNATIC N AY . LION'S ..300: LOT. . PRIDE (f- . Proposed Lionshead ~a14~~ _ Sao:: VAIL'Z.1 I-70 701.. MARK LIP7HOUSE::321EAbi uvnontwun~Le Mixed-Use 2 District u' sHLAbi'N eao.........555, ::c RE .........,705:'.::.. ~IONSHFf,D; 321 ::...816:.: RACT ARCADE. ENZIAN... ;SU BIRD' ; ; ; . ; 531: LODGE AT: VAIL VALLEY ME ICAL ...705. . : TREET.OP.S:::UONSHEAD CENTER .......VAIL SPA..... 6'15 452 . . . MONTANEROS:::.. . . . : LIBRARY .::.:::::.150:' 181 Ct. RG1 689....: . CENT R 292 281 RIOT i15 ' : NOf2TH . WFS / OWOR r'UE9 vAI?4:::::: . T 5~60T P 0 ~:~MAINT;6HOR::;: WEST 4 : .LlON'8~50 E.' : L DAY LOT : C .:ANTLERS ::CON ..n8: A 680:: : ;664 yirtala . ~p Rp. W Est :730: FR NTPGE SEWER --'j- IER BRIDGE S TRACT C PLANT j = I I Parcels 890 646 Proposed General Use District AMu Proposed Lionshead Mixed-Use 1 District - - - _ Proposed Lionshead Mixed-Use 2 District N Gore Creek W E 5:xrW The Properties outlined on this map s are proposed to be rezoned T01+1INOF VAIL Dept. M Cmmmwdty Dnekq~ eol 12-9B-1 12-9B-4 CHAPTER 9 SPECIAL AND MISCELLANEOUS DISTRICTS ARTICLE B. PARKING (P) DISTRICT SECTION: Major arcade. 12-913-1: Purpose Private or public off-street vehicle parking 12-9B-2: Permitted Uses structures. 12-913-3: Conditional Uses 12-913-4: Accessory Uses Private or public parks and recreational facilities. Public uses, private office and commercial 12-96-1: PURPOSE: The Parking District uses that are transportation, tourist or Town is intended to provide sites for related and that are accessory to a parking private or public unstructured off-street structure. vehicle parking and conditionally to provide for private or public off-street vehicle park- Temporary construction staging sites. For ing structures and private or public parks the purposes of this Section, a temporary and recreational facilities. The Parking construction staging site shall- mean a site District is intended to allow such uses while on which, for a temporary period of time, ensuring adequate light, air, privacy and construction materials, heavy construction open space for each valid use in adjacent equipment, vehicles and construction trail- areas. (Ord. 4(1992) § 1: Ord. 2(1976) § 3: ers may be stored. Ord. 8(1973) § 24.100) Type III employee housing unit as provided in Section 12-13-6 of this Title. 12-913-2: PERMITTED USES: The follow- ing uses shall be permitted in Type IV employee housing unit as provided the P District: in Section 12-13-7 . of this Title. (Ord. 8(1992) § 36: Ord. 4(1992) § 1: Ord. Private or public unstructured off-street 6(1982) § 2(a): Ord. 33(1981) § 1: Ord. vehicle parking. (Ord. 4(1992) § 1: Ord. 2(1976) § 3: Ord. 8(1973) § 24.300) 2(1976) § 3: Ord. 8(1973) § 24.200) 12-913-4: ACCESSORY USES: 12-913-3: CONDITIONAL USES: The following conditional uses shall Minor arcade. (Ord. 4(1992) § 1: Ord. be permitted subject to issuance of a condi- 6(1982) § 2(b): Ord. 2(1976) § 3: Ord. tional use permit in accordance with the 8(1973) § 24.400) provisions of Chapter 16 of this Title: Town of Vail 12-9C-1 12-9C-3 CHAPTER9 SPECIAL AND MISCELLANEOUS DISTRICTS ARTICLE C. GENERAL USE (GU) DISTRICT SECTION: 12-9C-2: PERMITTED USES: The follow- ing uses shall be permitted in 12-9C-1: Purpose the GU District: 12-9C-2: Permitted Uses 12-9C-3: Conditional Uses Passive outdoor recreation areas, and open 12-9C-4: Accessory Uses space. 12-9C-5: Development Standards 12-9C-6: Additional Development Pedestrian and bike paths. (Ord. 21(1994) Standards § 10) 12-9C-3: CONDITIONAL USES: 12-9C-1: PURPOSE: The General Use District is intended to provide A. Generally: The following conditional sites for public and quasi-public uses uses shall be permitted in the GU which, because of their special characteris- District, subject to issuance of a con- tics, cannot be appropriately regulated by ditional use permit in accordance with the development standards prescribed for the provisions of Chapter 16 of this other zoning districts, and for which devel- Title: opment standards especially prescribed for each particular development proposal or Churches. project are necessary to achieve the pur- poses prescribed in Section 12-1-2 of this Equestrian trails. Title and to provide for the public welfare. The General Use District is intended to Golf courses. ensure that public buildings and grounds and certain types of quasi-public uses per- Helipad for emergency and/or commu- mitted in the District are appropriately locat- nity use. ed and designed to meet the needs of resi- dents and visitors to Vail, to harmonize with Hospitals, medical and dental facili- surrounding uses, and, in the case of build- ties, clinics, rehabilitation centers, ings and other structures, to ensure ade- clinical pharmacies, and ambulance quate light, air, open spaces, and other facilities. amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10) Major arcade. Plant and tree nurseries, and associ- ated structures, excluding the sale of Town of Vail 12-9C-3 12-9C-5 trees or other nursery products, B. Proximity To Parking Required: The grown, produced or made on the pre- following conditional uses shall be mises. permitted in accordance with the issu- ance of a conditional use permit, pro- Public and private parks and active vided such use is accessory to a park- outdoor recreation areas, facilities and ing structure: uses. Offices. Public and private schools and educa- tional institutions. Restaurants. Public and quasi-public indoor com- Ski and bike storage facilities. munity facility. Sundries shops. Public buildings and grounds. Tourist/guest service related facilities. Public parking facilities and structures. Transit/shuttle services. (Ord. Public theaters, meeting rooms and 21(1994) § 10) convention facilities. Public tourist/guest service related 12-9C-4: ACCESSORY USES: The follow- facilities. ing accessory uses shall be permitted in the GU District: Public transportation terminals. Minor arcade. Public utilities installations including transmission lines and appurtenant Other uses customarily incidental and ac- equipment. cessory to permitted or conditional uses, and necessary for the operation thereof, Seasonal structures or uses to accom- with the exception of buildings. (Ord. modate educational, recreational or 21(1994) § 10) cultural activities. Ski lifts, tows and runs. 12-9C-5: DEVELOPMENT STANDARDS: Type III employee housing unit as A. Prescribed By Planning And Environ- provided in Section 12-13-6 of this mental Commission: In the General Title. Use District, development standards in each of the following categories Type IV employee housing unit as shall be as prescribed by the Planning provided in Section 12-13-7 of this and Environmental Commission: Title. 1. Lot area and site dimensions. Water and sewage treatment plants. 2. Setbacks. Town of Vail 12-9C-5 12-9C-6 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And Environ- mental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application.. Site specific development standards shall then be determined by the Planning and Envi- ronmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dards and the development of land in the General Use District are found in Chapter 14 of this Title. (Ord. 21(1994) § 10) Town of Vail MEMORANDUM TO: Vail Town Council Town Manager FROM: Steve Thompson Finance Director DATE: February 24, 1999 RE: First Supplemental Appropriation of 1999 Enclosed is the schedule of required supplemental appropriations for 1999. The total required supplemental appropriation is $4,310,838. All but $147,000 of the supplemental appropriation is funded by unspent 1998 appropriations and for revenue to be collected on the sale of buy-down units. Also enclosed to support the supplementals required in the Real Estate Transfer Tax Fund and the Capital Projects fund is a summary of revenues and expenditures for 1998. The column labeled "1 st Amend to 1999 Budget" shows the amount of rollforward requested by project. Total expenditures in the RETT fund were under budget by $462,627; however, the required supplemental appropriation for the RETT fund is $493,850. The reason we are asking for more money in 1999 than was left over from 1998 is primarily due to the Manor Vail Bridge project. It is estimated we will need $200,000 to finish this project. The capital projects fund was under budget on expenditures by $1,375,113, of which we are asking for a supplemental of $1,044,050. The Seibert Circle project shows $95,122 over budget. This project did not come in over budget. The reimbursement from the water and sanitation district and the reimbursement from AIPP was not added to the total project cost; therefore, the budget was understated. The one million for the buy down program is a blanket appropriation. This is done to prevent having a supplemental appropriation every time a unit is purchased. Staff will still seek Council's approval on unit purchases. The one million is an estimate of all unit purchases for this year. The subsidy of $100,000 was included in the original budget. Greg Hall will be on hand at the March 2nd meeting to answer any questions about the projects that are listed. Please call me at 479-2126 if you have any questions. Thank you. 02/24/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS ADDITIONAL EXPLANATION UND (REDUCED) REVENUES DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES (DECREASEi GENERAL FUND: Town Officials & Admin. Services: This funds the AIPP project, from unspent 1998 contingency. Contingency 15,000 E-Mail Upgrade 12,056 This is a rollfotward of unspent 1998 appropriations. Transfers 58,000 The GF is required to front the cost of debt service and collect Transfer to Booth Cr. Bond Fund the balance of the assessments due. SUBTOTAL - GENERAL FUND 85,056 0 , CAPITAL PROJECTS FUND: Expenditures: See Attached Schedule 1,044,050 This is a rollfotward of unspent 1998 appropriations. SUBTOTAL - CAPITAL PROJECTS FUND 1,044,050 0 RETT: Expenditures: See Attached Schedule 493,850 This is a rollfotward of unspent 1998 appropriations. SUBTOTAL: RETT 493,850 0 HOUSING: Revenues: Eagle River Water & Sanitation 1,033,972 This is revenue fromEWSD for red sandstone units. Sales of Red Sandstone units 916,600 This is revenue from sales of units. Buy Down Unit Revenue 1,000,000 This is revenue from sales of buy down units. Expenditures: Buy Down Cash 1,000,000 This is the cost to acquire buy down units. Red Sandstone Housing 1,600,724 This is the balance to complete the red sandstone project. SUBTOTAL - HOUSING 2,600,724 2,950,572 BOOTH CREEK DEBT SERVICE FUND: Revenues: Transfer from the General Fund 58,000 Expenditures: Bonds mature April 1, 1999, this is the additional principal due. Booth Creek principal 58,000 SUBTOTAL - BOOTH CREEK FUND 58,000 58,000 HEAVY EQUIPMENT FUND: Expenditures: Vehicle Purchases 29,158 This is a rollforward of unspent 1998 appropriations. SUBTOTAL - HEAVY EQUIPMENT FUND 29,158 0. TOTAL ALL FUNDS 4,310,838 3,008,572 SUPPSUM.WK4 1 REAL ESTATE TRANSFER TAX FUND (RETT) SUMMARY OF REVENUE AND EXPENDITURES FOR THE YEAR ENDING 1998 UNAUDITED Revered Actual .:(Over) ist Amend - ;::.....Budget: 1998`; Under to 19,99..::: Budget Biidaet..:.: RETT Revenue: Real Estate Transfer Tax 2,000,000 2,963,496 (963,496) Golf Course Lease 102,296 99,369 2,927 Lottery Revenue 14,592. 21,137 (6,545) Interest Income & Other 40,000 124,203 (84,203) Grant Revenue 17,000 (17,000) Insurance Reimbursement 39,510 (39,510) Recreation Amenitv Fee 130,000 31,765 98.235 IITotal RETT Revenue 2,286,888 3,296.480 (1.009,592) RETT Expenditures: Annual Maintenance Rec Path Maintenance 197,416 33,184 164,232 164,250 Trees for Vail 10,000 2,450 7,550 Park Maintenance _ 173 349 239.453 (66,104) ~SubtotalMaintenance 380,765 275,087 105,678 164,250. Recreation Path/Trail Development Frontage Bike & Ped. Path 32,804 (32,804) North Trail 131,800 76,290 55,510 10,000 2 Kiosks & Mans 11,600 0 11,600 IrubtotalPathwavs 143,400 109,094 34,306 10,000 Park Capital Maintenance Dowd Junction Land Imp 4,200 0 4,200 4,200 Streamtract Improvements - Slifer Plaza 37,715 (37,715) Playground Safety Improvements 50,000 0 50,000 50,000 Big Hom Improvements 120,950 69,969 50,981 51,000 Irrigation Control 15,000 565 14,435 14,400 Park Development Park Master Planning Process ( Common Grd) 75,000 75,000 0 Ford Park Projects: Permanent Power Source 36,000 17,411 18,589 Frontage Road Improvements 88,000 88,000 Manor Vail Bridge 162,000 17,258 144,742 200,000 Ed Center Stairway 7,200 0 7,200 Alpine Garden Pledee 101000 10.000 0 Subtotal Park Improvements 568,350 227,918 340,432 319,600 . Open Lands Proverty Acquisition 22,128 22.128 0 _ 1ISubtotalOven Lands 22.128 22,128 _ 0 0_ IIProiect Management 46,000 63,539 (17,539) _ Debt Service & Misc Golf Course Note 340,432 340,432 0 Miscellaneous 500 750 (250) Transfer to CIP- Reimb for TraDDers Run 1,000p0 1,000,000 0 Subtotal Debt Service & Misc 1,340 932 1,341,182 (250) 0 (Total 2,501,575 2,038,948 462,627 493,850 . Revenue Over (Under) Expenditures (214,687) 1,257,532 (1,472,219) Beginning Fund Balance 1,988,957 1,988,957 lEnding:Fund Balance 11;7741270 3;246,489 RCIP8.W K4 02/24/99 2 CAPITAL PROJECTS FUND SUMMARY OF REVENUE AND EXPENDITURES FOR THE YEAR ENDED 1998 UNAUDITED Revised ;Actual ,(Aver) 1st;Amend;...: .:..Budget 1998:: Under to 1999 .:1998::: Budget Budget:::: Revenue: Sales Tax 6,643,000 6,675,047 (32,047) Shared Project Costs 240,484 165,667 74,817 RETT Loan Payment 1,000,000 1,000,000 0 Vail Commons Comm Lease 50,000 50,000 0 Federal grants - Busses 1,000,000 1,000,000 0 Lease Proceeds 690,300 690,300 0 Transfer from other Funds 220,000 220,000 0 Transfer from Debt Service Fund 322,500 322,313 187 Interest Income & Other 100,000 165,269 (65,269) L Total Revenue 101266.284 10,288,596 (22.312) Equipment Purchases Fire Truck Purchase 295,034 288,819 6,215 New Capital Heavy Equipment 151,165 151,202 (37) Repower Buses 47,000 23,602 23,398 Replace Buses 2,124,314 1,497,284 627,030 541,250 800 MHz radio system 38,474 38,474 0 Lease Purchase 800 MHz Radio System 690,300 690,300 0 Computer Replacement 55,236 32,111 23,125 23,000 Maintenance Reconstruct Muni Building Parking 0 0 0 Street Furniture Replacement 10,000 9,792 208 Bus Shelter Replacement Program 15,000 15,434 (434) Capital Street Maintenance 575,395 594,754 (19,359) Facility Capital 192,490 106,733 85,757 40,000 Street Reconstruction Golf Course Lionsridge Area 46,300 32,767 13,533 13,500 Streetscape Projects Seibert Circle 690,094 785,216 (95,122) 7,700 1999 Championship Enhancements 62,000 23,796 38,204 Slifer Plaza - East Meadow Dr 671,108 659,289 11,819 Check Point Charlie 250,000 131,973 118,027 50,000 Heat TRC Stairs & Upper Plaza 1,380,717 1,405,407 (24,690) Village Overlays 65,000 83,120 (18,120) VV Drive (Cost Share w/ VA) 40,000 68,997 (28,997) Buildings & Improvements Entry Way Building Remodel 592,000 571,744 20,256 20,250 Fire Station Study 3,800 (3,800) 10CIP9.WK4 02/25/99 3 CAPITAL PROJECTS FUND ' SUMMARY OF REVENUE AND EXPENDITURES FOR THE YEAR ENDED 1998 UNAUDITED Revised Actual: (Over) ,1st; Amend Budget 1998 Under to 1999: 1998 . - Budget Budget: Other Improvements ADA Compliance 1,000 989 11 Street Light Improvement Program 54,000 49,095 4,905 Drainage Improvements 121,000 28,608 92,392 86,250 Fiber Optic Connection 15,000 15,280 (280) Christmas Lights 40,000 32,108 7,892 Underground Utilities Buffehr Cr to Sandstone 91,000 25,000 66,000 Interchange Improvements West Vail Interchange 572,000 407,667 164,333 43,000 Vail Commons Road Improvements 45,000 25,891 19,109 Main Vail Interchange Improvements 23,116 4,488 18,628 178,600 Master Planning Loading & Delivery Study 61,000 20,531 40,469 40,500 (TOTAL OF THE ABOVE PROJECTS 9,014,743 7,824271 1,190,472 1,044,050 . Transfer to Parking - Deficit Transfer to Housing Fund 300,000 300,000 0 Transfer for Debt Service 1,462,247 1,277,606 184,641 Total Expenditures 10,776,990 9,401,877 1,375,113 1,044,050 Revenue Over (Under) Expenditures (510,706) 886,719 (1,397,425) Beginning Fund Balance 1,652,025 1,652,025 0 Ending Fund Balance - 1,14:131:9 2;538;744 (1397,425) 10C I P9.WK4 02/25/99 ORDINANCE NO. 2 SERIES OF 1999 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, BOOTH CREEK DEBT SERVICE FUND, HEAVY EQUIPMENT FUND, HOUSING FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND OF THE 1999 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 1999 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 1998, adopting the 1999 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1999 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 85,056 Booth Creek Debt Service Fund 58,000 Heavy Equipment Fund 29,158 Housing Fund 2,600,724 Capital Projects Fund 1,044,050 Real Estate Transfer Tax Fund 493,850 $4,310,838 r 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 1999, and a public hearing shall be held on this Ordinance on the 16th day of March, 1999, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk i READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of March, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:\onnance99.2 CAW- Town of Vail Sales Tax Worksheet 3/2/99 % Change % Change 1998 Budget from from Month 1987 1988 .1x 1989 Nf1 1990 1991 ~ r s . y 1992 ~l ~ 1'M1 1993 ,Y 1994 1995 1998 1997 Budget Co/lect/ons Varlence 1997 Budget ( G January 1,063,196 1126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,076,931 2,115,359 38,428 3.06% 1.85% February 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 1,993,389 2,089,673 2,121,757 2,153,121 31,364 3.04% 1.48% March 1,378,782 1,591,705 1,939.758 1,897.718 2051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,9921 2,614,841 2,368,077 (246,764) -8.25% -9.44% April 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,4271 881,575 1,107,334 225,759 26.64% 25.61% i May 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,7831 328,723 382,718 53,995 16.05% 16.43% June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,3661 642,504 633,400 (9,104) 0.48% -1.42% July 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,060,879 1,107,882 47,003 6.16% 4.43% August 536,904 575,887 668119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,090,762 1,183,926 93,164 10.29% 8.54% September 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,8311 642,504 735,608 93,104 15.33% 14.49% i October 273,951 291,204 '135 740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 478,142 515,531 37,389 9.03% 7.82% November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 717,214 656,596 (60,618) -7.15% -8.45% December 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 2,068,851 2,254,7091 2,286,119 2,070,834 (215,285) -8.16% -9.42% Total 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 13,719,308 14 747 419114 941 951 15,030,386 88,435 1.92% 0.59% Town of Vail Sales Tax Worksheet 3/2/99 % Change % Change 1999 Budget from from Month 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Budget Collections Variance 1998 Budget January 1,126,496 1,465,870 1,599,123 1,713,091 1,7(`4 , ;5,1 I J)55,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,188,943 2,021,963 (166,980) -4.42% -7.63% x 4 f 4;. February 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,1211 2,228,041 March 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,0771 2,450,164 April 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334+ 1,145,861 May 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,7181 396,027 June 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,400+1 655,430 July 559,683 649,139 665,094 737,268 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,8821 1,146,156 August 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,9261 1,224,834 September 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,6081 760,913 October 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,5311 532,652 November 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,5961 678,336 December 1,455,948 1„615278 1.625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,8341 2,132,272 Total 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386115,539,629 2,021,963 13,517,666 -86.29% -86.99-/. COUNTY COURT . Cagle COUNTY, COLORADO Case No. 98r S Z63 , Small Claims Division NOTICE, CLAIM, AND SUMMONS TO APPEAR (Part 2) Name Uwn cTf' VG~~! Name Address S fir- ~~Dac+/ Address tO n • (C City/State/Zip V City/State/Zip C O Phone iJ • _`l 1 l~ Phone 9-C7 • A/76 76q(,~,'• '770. i?+c1' . ~~'l• L Home PLAINTIFF Work H°`°` DEFEN)ANT work If defendant is a corporation, call the Secretary of State's office to determine the registered agent. Please enter name and address of the agent for service here. NOTICE AND SUMMONS TO APPEAR To the defendant: `;7?'I ss~.~•-y, S ~~f id-A You are directed to appear and answer the claim of the plaintiff on < . 1 °~St.at 1; Date and Time ' at the Small Claims Court located at 885 Chambers AQanue.Post Office Box 597. Eaale. CO 81631 G GOUI~( ring with you all books, papers and witnesses needed by;you to establish your defense to the c•l~biDQ• APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU FOR THE AMOUNT PLA TIIT AIM PLUS COSTS OF THIS SUIT. If you wish to defend against the plainti in, cdut laim, you must pay a fee, or combination of fees, described on the reverse of the yellow 3e J 250, rt 2,.s tions C d D. WARNING- LL FEES ARE NONREFUNDABLE. G~ r ; O O o December 14. 1998 00, QP Date % ~Y, Gp~ . Qewbeputy PLAINTIFF'S CLAIM The defendant owes me $ pluse interest and costs allowed by law, for the following reasons: n'1)r' r3't~~~~ ;i?~t~.k_ G /tom-+~f Q.JSCJLs_C~ #e :;(_.L-_Z, J / ~l,lXl l7 CL~,I JG~~.(3~ The defendant is in t e military service. ? yes E( no The defendant resides, is regularly employ pd, has an office for the transaction of business, or is a student in this county. Ef/yes ? no I am an attorney. ? yes no I declare under penalty of perjury that the above statements are true and correct, and that I have not filed more than two claims in any one or more small claims courts in Colorado during this month, nor ore than eighteen claims in this calendar year. Date / Plaintiff's Signature I NOTICE TO DEFENDANT: If you contest this claim, you must complete and file the response below. If you assert a claim against the plaintiff, you must also complete and file the counterclaim on the reverse. DEFENDANT'S RESPONSE (If responding only, pay fee in (C) on reverse.) I do not owe the plaintiff because: JDF 250 (Part 2) R1/96 NOTICE, CLAIM, AND SUMMONS TO APPEAR CONTINUED ON REVERSE ~ - TOWN OF VAIL Human Resources S 75 South Frontage Road Vail, Colorado 81657 970-479-2111/479-2112 FAX 970-479-2470 TTY 970-479-2356 TM Eagle Combined Courts P.O. Box 597 Eagle, CO 81631-0597 Re: Case #98-5263 Small Claims Division . Town of Vail V. Scott Magoun February 23, 1999 Dear Ms. Schmidt, The Town of Vail is requesting that the above referenced case be dismissed. The Town has been re-imbursed for the damage by its insurance company. The insurance company has informed me it does not intend on proceeding against Mr. Magoun. Thank you for your assistance. Please call me if you have any questions. Sincerely, 1 4 Susie Combs Safety/Risk Management copy: Defendant, Scott Magoun RECYCLEUPAPER VAIL TOWN COUNCIL - MINUTES TUESDAY, FEBRUARY 2, 1999 5:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 2, 1999. The meeting was called to order at approximately 5:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Bob Armour Michael Arnett Kevin Foley" Sybill Navas COUNCIL MEMBERS ABSENT: Ludwig Kurz, Mayor Pro-Tem Michael Jewett STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Steve Rosenthal, owner of Colorado Footwear, requested additional information be added to the published report on monthly sales tax figures in the Town of Vail. He said he would like to see the comparable figures of existing stores from the previous year to this year and the budgeted sales tax figure on a monthly basis. Gary Murrain, a consultant representing Betty Guffey, said he had been retained by Betty Guffey to review the issues she has with a furnace that was installed in the duplex next door to her. He reviewed a written report from the Town of Vail Chief Building Official, Gary Goodell and said the report was in order but found three possible code violations. He wants support from the Town to revoke the building permit and allow him access to this unit to do a private inspection. He said there were malfunctions with the system because of improper installation between incompatible materials and the boiler system. Mayor Rob Ford said he would give their request to the appropriate Town of Vail personnel to look into the matter. Betty Guffey, homeowner, stated she did not install gas in her half of the duplex and the neighbors installed gas without her knowledge or permission. She said she cannot open the windows in her livingroom, diningroom or kitchen during the summer because of the carbon monoxide being emitted from the gas boiler next door. She had a report done on carbon monoxide levels in her home. She said her unit is classified as a condominium not a duplex and that the covenants for the condominium state that changes cannot be done without her knowledge or approval. She said she has never been notified of any changes done to the unit next door. Mayor Rob Ford thanked her for coming and reiterated that he would pass this information on to the proper Town of Vail personnel to handle. 1 Vail Town Council Minutes February 2, 1999 The second item on the agenda was the consent agenda. A. Approving the minutes from the meetings of January 5 and 19, 1999. Council Member Bob Armour made a motion to approve the minutes from the meetings of January 5 and 19, 1999, Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. B. Discussion of Ordinance No. 1, Series of 1999, a second reading of an ordinance amending Ordinance No. 23, Series of 1998, to add "Transportation Business" as a conditional use, subject to the issuance of a conditional use permit in accordance with the provisions of the zoning regulations, and to permit the use of the tennis facility as an accessory conference and convention center to the hotel, in Development Area A, Cascade Village, Special Development District #4; and setting forth details in regard thereto. Council member Bob Armour made a motion to approve on second reading, Ordinance No. 1, Series of 1999, Council member Kevin Foley seconded the motion. A vote was taken, and the motion passed, 5-0. Council member Bob Armour asked if the accessory use was being used now. George Ruther, Town Planner, said it was in use at this time under the special ordinance passed for the 1999 World Alpine Ski Championships. He stated requests for this conditional use will go through the Planning and Environmental Commission process in the future. As there was no further business, a motion was made by Council member Mike Arnett to adjourn the meeting and Council member Bob Armour seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 5:15 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 2 Vail Town Council Minutes February 2, 1999 VAIL TOWN COUNCIL - MINUTES TUESDAY, FEBRUARY 16, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 16, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Bob Armour Michael Arnett Kevin Foley Michael Jewett Sybill Navas STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager. Mayor Rob Ford thanked the community for making the 1999 World Alpine Ski Championships (WASC) such a success. The first item on the agenda was Citizen Participation. Joe Staufer, a Vail business owner, praised the Vail Valley Foundation, Vail Associates, the Town of Vail and the community for the fantastic job everyone did with the 1999 WASC. He also said he had heard some rumblings that certain businesses didn't do very well but said this event will be good for Vail for the next 10 years. Joe also said he would like the time allowed for Citizens Participation at the Council meetings to be increased. He also wants the Town Council to consider addressing the concerns of citizens more formally when they come before the Council during Citizen Participation. Joe also said he has been accused of being a proponent of the redevelopment of Vail Plaza Hotel. He sold the land in November of 1996 and he is not involved with the restaurant, the hotel or the redevelopment of this piece of property. He wanted an explanation from the town staff as to how the Community Development Department found the Vail Plaza Hotel proposal to be suitable to its surroundings. He said it was unfair to have developers spend half a million dollars on a project and then have the Town deny the development. He is not against redevelopment but wants to know who feels this development fits the neighborhood. Susan Mueller thanked everyone for the wonderful job with the 1999 WASC. The second item on the agenda was Resolution No. 3, Series of 1999, a resolution authorizing the Town Manager to enter into an agreement extending the present Franchise Agreement with Holy Cross Energy. Bob McLaurin, Town Manager, stated this resolution would extend the present agreement for 90 days until the new franchise agreement is completed. They are in negotiations presently but did not have a chance to wrap up the final details before the current agreement expires. 1 Vail Town Council Minutes - February 16, 1999 Council member Mike Arnett asked if staff sees anything in the agreement that has drastically changed from the present agreement. Bob McLaurin said there are two items presently being negotiated; the allocation of the costs of undergrounding power lines presently above ground within the Town of Vail and the franchise fee. It is anticipated that these negotiations will be concluded within thirty days and the Town Council will be presented with a franchise agreement for its consideration. Council member Mike Jewett asked if the franchise fee interprets into a tax where it would go to the people for a vote. Tom Moorhead, Town Attorney, said this is one of the issues they are reviewing. Council member Bob Armour made a motion to approve. Resolution No. 3, Series of 1999, the motion was seconded by Council member Ludwig Kurz. A vote was taken, and the motion passed unanimously, 7-0. The third item on the agenda was a review of the draft instructions for the Community Facilities program. Russell Forrest stated they are bringing this to the Council and community to discuss the process. He explained and updated the process and said that they wanted to focus on review draft instructions for uses and sites to be considered in the Community Facilities design process. He went through the parameters, background, uses to be sited, design criteria, and issues. He explained the outline in greater detail for different possible approaches. Staff suggests letting the designers look at existing sites for additional uses, i.e. Dobson Ice Arena, and the Library, look at larger parks that could possibly handle complementary uses such as swimming pools, skate park, community meeting rooms, etc. He explained different possible scenarios at various sites. Council member Sybill Navas asked if the Vail Golf Course one acre included parking area. Russ said it did include the parking area. The Homeowners Association at the Vail Racquet Club are interested in possibly upgrading and exploring a partnership with the Town of Vail and the Vail Recreation District for their site. He also explained that the design criteria needed to be creative and still have it apply to the master plans. The facilities need to be multi-generational, compatible with existing uses, accommodate parking needs, environmentally friendly, cost effective and have revenue generating potential. Piet Pieters, the Vail Recreation District (VRD) representative, stated the VRD supports and strongly endorses this plan. Over the past two years, he has heard that the community priorities are for another ice arena and a youth center, as well as a skateboard park and multi- use gymnastics facility. He said Dobson Ice Arena is over used now and over 200 students are on the waiting list at the gymnastics center. There is a need to explore other ideas to bring people into the Town of Vail. The VRD Board has approved the draft instructions and they are very excited about this process. 2 Vail Town Council Minutes - February 16, 1999 Russ said there are two discussion issues; Uses and Sites. He summarized the information in the packet of materials handed out to Council. Mayor Rob Ford stated the Council has a chronology of the Community Facilities history, and reviewed it with the community. Russ said staff wanted to receive Council and community input of ideas on uses and sites for the community facilities list that will be given to the design teams. There are three possibilities; 1) keep the plan focused on the Dobson Ice Arena and Library area as they are, and look at the Charter Bus lot separately, 2) look at this area as a whole, or 3) pursue both of the approaches at the same time. Mayor Rob Ford asked for community feedback. Jim Morter, a local architect and resident, stated this was an exciting project. He said designers would have to look at this project expansively and creatively. He said he was the architect on the aquatic center that was turned down by the voters. He stated that during the course of designing everyone's wish list into the project and the cost escalated to over $5 million, when it went to a vote, the community turned it down. He urged and begged that the criteria be honed down in listening to everyone's wish list. The designers have one month to come up with these ideas, and time is too short to come up with anything meaningful and developed to the degree the VRD, the Town of Vail and community wants to produce it and urged longer time frame for designers to produce a plan. Council member Sybill Navas asked Jim how long of a time frame was necessary. Jim said at least two to three months, the design teams need to have more time to come up with creative and meaningful designs. Russ stated it was a two month process already, one month for general ideas and one month for refinement of the ideas. Jim said it was still a tight schedule. Shannon Armstrong said she has a daughter in the gymnastics program and the children are growing out of the present facilities. Their feet hit the high beams in the ceilings and the walls are too small. She would like more consideration on a gymnastics facility as a priority. Diane Johnson, director of Youth Services for the VRD, read a letter from a Battle Mountain High School sophomore, Heather Kedrowski, which said a multi-use facility would be a good idea and would resolve many of the boredom issues with teens in the valley. A facility with the possibilities of a cafe (60's style), a roller rink, "aqua golf', an ice rink for open-to-the-public only, an arcade center, a bowling alley, a gymnastics facility, and work out area for teens specifically, and an Imax theater is great idea. Bill Brice, Director of Special Events at the Vail Valley Tourism and Convention Bureau (VVTCB), says the VVTCB supports this plan. From the VVTCB's perspective, these types of facilities would attract more people to town. He would like to see thoughts of open-mindedness for sites like the hub. It has become obvious that Dobson is over used and there is clearly a 3 Vail Town Council Minutes - February 16, 1999 need for an indoor multi-use center based on the 1999 World Alpine Ski Championships, as was demonstrated with rodeos and concerts. There is a need for an indoor/outdoor expo area, a large open area is needed. He said the Vilar Center is limited and feels the Charter Bus lot is the most important area to place a large open area for this need. VVTCB would be glad to get a cost effective survey to show to Council how this could benefit the town. The VVTCB is in support of this plan and wants designers to have open minds in creating the facilities plan. Annie Fox, Director of the Vail Library, and member of the Vail Tomorrow community task force, said that the task force discussed community hub sites where people could meet. To be a world class resort we need to compete and need to have alternatives to outdoor activities during cold weather or for guests who don't ski. There needs to be visual art space and a community room, she also thought an Imax theater would be a good activity. The town doesn't . have the room to host other types of visual series such as the Eco Challenge. Noisy activities are not compatible with library uses. She is looking forward to and supports plan. Barry Ziegler, has lived here 10 years and echoes Jim Morter's thoughts, and encourages thinking about various ideas but wants something done and not just talk about it. He said to do something and set a deadline. He said Berry Creek 5th Filing is an example where ideas are talked about but nothing is getting done. He wants anything built. Christy Somes, has lived in the valley since 1983, and has children in hockey and gymnastic programs. She said she wants the gymnastics facility and 2"d sheet of ice a priority. Tom Steinberg, has been in Vail for 34 years, said he likes the multiple concept for library and Dobson Ice Arena. This site has more than 4.2 acres if you included the roads and put the roads under facilities. He said the City Market daycare site is not being used, don't let it sit vacant. He said a conference center was voted down two times and doesn't want to use public money for it. Build a good performing arts center for multiple uses. He warned Council that there is lot of negative reaction in the community about using public money for a conference center. Phil Hoversten, prior Hockey Club president and a 12-year resident of Vail, implored Council to move ahead, specifically with a second sheet of ice. He said it was extremely difficult to run programs when Dobson Ice Arena is used for other uses, conventions, concerts, rodeos, etc. From a hockey and skating point of view, the second sheet of ice could be in the basement of any other facility. He feels the Charter Bus lot is the most viable place for a second sheet of ice. Having a win-win situation makes sense. Council member Bob Armour asked Phil with the list of events he rattled off that take away from valuable ice time, how much time is taken away. Phil said at least three months. Council member Bob Armour asked if Dobson Ice Arena would be under-utilized if the Village at Avon has two sheets of ice at their facility. Phil said he supported getting those two sheets of ice and the Town of Avon is committed to two sheets. Four sheets of ice would be too much right now, however, he feels the Town of Vail needs to take the lead and build the 2"d sheet of ice and let Avon withdraw their sheets of 4 Vail Town Council Minutes - February 16, 1999 ice. Their sheets of ice are being built with private funds and could be delayed a few years. Council member Bob Armour asked Russ Forrest if he had heard if this is stipulated. Russ said Piet Pieters has been involved with the Avon efforts. Piet Pieters said he spoke with Peter'Jamar and said Avon is not interested in managing the facilities in Avon, it is a 'rat race' and doesn't know who would manage it. He met with the Town of Avon so duplication of services wouldn't happen. There are plans for the year 2000 to expand the existing aquatic center with one half of the expansion proposed to be offices and no plans for five years for ice. There is nothing happening sooner that he knows of, He said it wouldn't be good for Avon if Vail does a 2nd sheet. Barry Ziegler said the hockey club would be willing to sign a long-term contract to use the second sheet of ice facility. Tourists would love to have evening free-skating. He felt it was reasonable to say the hockey program would commit to Vail if they committed to having 2nd sheet of ice. Greg Moffet speaking as a member of the Building Community task force member said he has children who play hockey and participate in gymnastics and his wife is on the VRD board. The focus should be on a greater sense of community and see if they could regain that sense of community. A big part of the task force criteria was a community crossroads, one that meets the needs of the community and where people run into each other on a routine basis. He encourages the Council to maintain a sense of community, keeping the process simple, and put a fire under the project. He said what currently passes as facilities are failing. The community can't use the gymnastics facility as a gymnastics facility. Don't miss the boat of using this opportunity of having the VRD and the Town of Vail rowing in the same direction at the same time. Chris Moffet, stated she wears a number of hats, as a board member the VRD and she is 100% In support of this process; as a member of the community task force, it's time to act now; as a mom and resident of Vail, we need to improve the gymnastics facilities and add a 2nd sheet of ice. There is nothing for teens to do after.skiing and wants amenities for older kids and supports everything being said tonight. Flo Steinberg, a longtime resident, had a question for the Council. She said everybody talks about the Vail Valley; whom are we accommodating and where do we draw the line. Mayor Rob Ford said they are not trying to decide whom this plan will accommodate but how to accommodate at this time. Council member Sybill Navas said she has participated in many meetings, and said this was not to try to replicate something we already have in the valley, which included the Avon Recreation Center and the Vilar Center, making the questions about this plan a part of the greater valley. Flo asked if Edwards players are coming up to use the ice, is it taking away from others using the ice. How far do we go with this? A 2nd sheet of ice, a gymnastics facility and we can't get our housing issues down. The town needs more residents here, and can't see how this all fits together. 5 Vail Town Council Minutes - February 16, 1999 Council member Sybill Navas agreed that the Town needs more residents. Flo said the east end of the Lionshead Parking Structure needs to have a Performing Arts Center and be revived. Terry Markam, wants to discuss the gymnastics program. Her daughter is nine and has been in the gymnastics program for seven years. She practices three times a week and there are 240 kids on the waiting list. This program could produce world class gymnasts if they had the proper facilities. Diane Johnson, representing the Youth Center, addressed Flo Steinberg's concerns. She said one of the missions of Vail Tomorrow was to bring vitality back to Vail, so guests could come back and spend time here and increase sales tax. Nine years ago more kids lived here. The center is now open Wednesday through Sunday in winter and is just staying afloat with that. New facilities will encourage kids to come back and families to live here. She is a new mom and wants family-oriented facilities, and multi-generational facilities that will attract residents and guests to use. She said this plan would be great for the Town of Vail to have alternatives for kids to do. Through the Vail Tomorrow process one of the best things the Town did was to build the skateboard park. Four different entities got together to make this work. The Rotary Club has picked the skateboard park as the beneficiary for this years auction and wants money to be in an escrow to fund a permanent skateboard park. This component would address the 16-20 year age group and makes the area more livable. Susan Mueller, a Matterhorn resident of 26 years, asked if all of the parks are addressed. Russ stated nine parks with over one acre are included. Donovan Park is slated for a park. Susan, said that along with community meeting rooms she envisioned something like the Eagle-Vail Pavilion, an affordable facility that would be available to the community first. Kathy Langenwalter, a long-term resident, said she was pleased that the input was community oriented. Kathy said if they keep the community in mind it would succeed and be good. She said the area to expand on if a larger facility is needed would be the upper level of the parking structure. She said to avoid duplication of services in the valley, and do not have specialized event facilities. She also added to Jim Morter's statement that they need a specific program for designers to concentrate on and have at least two months to three months to work on it. Sally Jackle, a Vail resident, reiterated that it's critical to have a facility for children and locals. She also said to keep in mind to have a public gathering place to have visitors come. As a visitor to Vail before she moved here, she was shocked to find no public skating available at Dobson Ice Arena. There is a need for a public place where ice time, food, etc. could be available. Dick Cleveland, a local resident, made a suggestion if they want designed parks that they really want kids to use, go to the kids and let them help design them, send the designers to the kids and get them involved. Kids don't need expensive and fancy. Another idea would be to make the bus systems available to the kids for free. 6 Vail Town Council Minutes - February 16, 1999 Council member Kevin Foley stated kids ride free with their student passes in Eagle County. Diana Donovan wants a realistic proposal and if we build for the community, it will also serve our guests. Chas Bernhardt, a Vail voter for 25 years, said there have been a lot of great comments and that he agreed with almost everything. He loves the library but wants to incorporate it into the entire area. He stated that what hasn't been brought up is the population of the valley will double. Even if there are duplicate facilities the population will continue to increase. He said that the hockey clubs and the gymnastics clubs would commit to specific number of years if we have the facilities. He also wants to put some facilities underground and save more space.- Mayor Rob Ford thanked the community for coming out this evening and underlined how important this item is to the community. He said looking at the list of what he read earlier, the people haven't approved any funding for any package since 1982, which tells the Council that communication didn't work between the Council and the community. He said it will take a partnership to be accepted and whatever facility is designed and picked, it won't be for everybody. There is a need to work through the process to succeed with the community. Council member Mike Arnett, said to apply the focus to the hub sites only and at the same time, a parking needs assessment is necessary. He also stated the plan needs to include what would happen to the charter buses if we use the Charter Bus lot. There is a lot to ask of the designers if we go down list that the designers need to accomplish in a short period of time. He said also, eventually, a part of the discussion needs to be what are we prepared to spend. Council member Bob Armour said there was a lot of good input this evening. He expressed a concern about the 2"d sheet of ice. He is on track with Kathy Langenwalter's statements and explained that the plan can't be everything to everyone and we need to be conservative on the types of uses. He also stated that some of the ideas are considered givens and said this was not an appropriate way to go. The Community task force has some great ideas and it was important to review the official survey rankings of the task force. Don't duplicate existing services. He reiterated the official survey rankings for the record. He would like to think the Town of Vail's population would double but is skeptical. The mission tonight is to comment on the uses and sites. He stated the community hub site is a priority. He wants to get something going and start someplace, now. Council member Sybill Navas said lots of thought has already gone into this item in prior meetings. She said the rankings of priorities from the Community task force that Bob Armour read could be different for different people. How you get different uses in could be misinterpreted. A master plan of facilities is what is wanted, not that the facilities get built at the same time. She wants a game plan to be able to choose from in the future. How can we phase things in and identify the needs of the community. She also explained that Council was not looking for architecturally complete plans. An overall plan of what the community lacks is what they are looking for at this time. Maybe a pavilion/community room with an outdoor swimming pool? She said most comments were positive and insightful and this is a great step. Council member Mike Jewett said a comment was made to keep it simple and agrees with it. He asked Jim Heber of the Dobson Ice Arena about some of the concepts as discussed. What if the initial phase of excavating out the Charter Bus lot to where it would come to the doors of 7 Vail Town Council Minutes - February 16, 1999 Dobson Ice Arena for a 2nd sheet of ice and it was a complete free standing open building, would that support anything. Jim Heber said that would not be a problem. Council member Mike Jewett stated he understands that funds that have been collected and would like to know how much. Jim said the are looking at $4 million to build and said Phil Hoversten would write a check and that sponsorships are available. Council member Mike Jewett said to look at funding, where is it coming from, because the track record of high ticket facilities have not been good. He feels that private/public partnerships would be the way to go. Jim said the events held at Dobson now take away ice time but benefits the community. There needs to be a place to put kids first. Council member Mike Jewett asked if distance would play a part in utilizing Dobson and a 2nd sheet of ice at the Charter Bus lot. Jim stated that mechanically, the Charter Bus lot would be ideal for a 2"d sheet of ice. Phil Hoversten, explained that Jim apparently wrote the check for him. He explained that when he first got involved with the Dobson Ice Arena, it wasn't making money. He said two sheets of ice work better than one. He would be glad to be a private developer to build and maintain a 2nd sheet if needed. He thinks this would be a good investment, and the VRD thinks so too. Council member Mike Jewett said his concern is a good cash flow so the town doesn't get stuck floating a bond and wants more private funding for a 2nd sheet of ice. Phil said he has had conversations about this in the past, and it's not as simple as Mike thinks. Council member Mike Jewett said to keep it simple and the concept of the presentation on whether go to hub or another way. He said the focus for the first phase should be held strictly to Charter Bus lot to accomplish as much as possible with private sector funds and create the rest of the facility in phases. He wants to go after private contributions first, then go to the VRD or the Town of Vail to vote no funding. He feels the 2nd sheet of ice should be Phase 1 and then see where we end up. Maybe in three years have gymnastics facility or other facilities. There is potential space on the Charter Bus lot. He said there needs to be a master plan for three units and is concerned about tax increases, and is reluctance to go in that direction. Council member Ludwig Kurz agreed with most of the comments that Sybill Navas made on the process. He also said that contrary to Mike Jewett's point regarding funding, he doesn't think there would be a problem raising funds via public funding. He explained that everyone should do their 'homework' and then inform Council and the community to gain support. He said this project may be premature on trying to get it on the ballot for the November election, planning is premature and not realistic in less than 3 or 4 months. This will be the most comprehensive plan they have been dealing with, and he is very much in favor of moving on this. He is happy 8 Vail Town Council Minutes - February 16, 1999 r there is so much support to move forward. He warned that if this were to go to the November ballot chances of defeat might be greater. He wants the designers to come up with mixed use, cultural and recreational ideas, and show where has it been successful in other areas, what might mix well and what is working in other areas and communities. In terms of design, he would like to see a phasing plan that addresses the opportunity to build in phases; possibly a 2"d sheet of ice and a gymnastics facility first then other facilities later. It would be part of the designer's charge to do this. He would also like to see a cost benefit analysis for a conference facility, and have this facility built by private development. He also said that doing an overall analysis doesn't hurt to find out what this may or may not do for the town. Council member Kevin Foley said everybody is in agreement on commitment to get something done. He said the emphasis should be on family and community facilities. He also has concerns about charter bus displacement and the north lot. He appreciates the VRD and the Town of Vail working together. He wants to get going on this process. Mayor Rob Ford said the Charter Bus lot 'hub' should be covered as a whole and to leave the conference centers to the private sector. He reiterated that Vail is a ski recreation area and need to move to be the #1 leader by adding to skiing recreation with additional facilities. A gymnastics facility and a 2nd sheet of ice would be wonderful addition to Vail. Further discussion ensued. Russ asked the Council if the designers should include other sites or focus on the charter bus, library, Dobson hub site. Mayor Rob Ford doesn't want to miss out on other possible sites in other areas but this does not mean these sites would be built on at this time. Council member Sybill Navas made a motion to accept the plan as presented, and adding the entire parking structure as a site. She continues to believe a need for an overall community facilities plan and to take portions of it as necessary. Sybil[ asked if the water district wants the area above ground on the sanitation district site and is it available. Russ stated the district would only need below grade space and there would be an opportunity available to use this site. Additional discussion ensued. Council member Kevin Foley seconded the motion. Council member Mike Arnett said he had additional issues to discuss. He would like to see wording about financing and a solution to the charter bus issue added to the motion. Mayor Rob Ford stated those issues would be handled at later date according to Sybill. At this time no one knows what the impact would be and the issue of charter buses clearly needs to be addressed. Also, parking requirements need to be met as a next step, and other possibilities for the charter buses should also be included. The 'box' needs to be as open as possible at this stage. 9 Nail Town Council Minutes - February 16, 1999 Additional discussion ensued. Council member Mike Jewett said as broad as the motion is, he wants a more clearly defined focal point, like the 2"d sheet of ice on the charter lot site in the motion. Mayor Rob Ford said to list the possible uses and turn it over to design team to work out. Council member Mike Jewett said if the everyone knows the intent on the bottom level of the charter lot is to be a 2"d sheet of ice, say it in the motion to get backers to the table before going to an election. Council member Sybill Navas said part of the discussion as late as yesterday was not to make two sheets of ice a #1 priority. She wants the 'box' to be more open so 2 sheets of ice may be separate facilities in different places. The Idea was not to dictate that Dobson Ice Arena be configured as it is. She wants to avoid predetermining where the 2 sheets of ice should be. Council member Ludwig Kurz agreed with Sybill, this would limit the designers in a way that would work counterproductive in what they want accomplished. The concentration on only the 2nd sheet of ice when there are other needs that exist is not the way to go, there are other needs to be addressed as well. Council member.Mike Jewett said he feels it would be a failure to not include it in the motion so they could let the community know where they are going. Council member Mike Arnett agrees with Sybill to have "out-of-the-box" type thinking. Council member Mike Jewett wanted clarification of the motion in its entirety. Council member Sybill Navas stated the motion she made was to approve the Community Facilities Process as presented that looks at the site of the library, the "hub" site, and parallel approaches, including the entire parking structure, and including the additional uses that were sited by the public this evening. Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. A five-minute break was taken. The fourth item on the agenda was a discussion of Berry Creek 5th Housing. Council member Ludwig Kurz made a motion to defer this item to the next town council work session meeting of February 23,1999, Council member Kevin Foley seconded the motion. A vote was taken and the motion passed 5-1, Council member Bob Armour against and Council member Mike Jewett was out of the room. The fifth item on the agenda was the Town Manager's Report. Bob McLaurin informed the Council there was a luncheon meeting with Mammoth Lakes Town Council the following week. 10 Vail Town Council Minutes - February 16, 1999 J As there was no further business, a motion was made by Council member Mike Arnett to adjourn the meeting and Council member Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 9:40 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 11 Vail Town Council Minutes - February 16, 1999 RESOLUTION NO. 4 SERIES OF 1999 A RESOLUTION ADOPTING THE MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT. WHEREAS, on October 15. 1991 an Intergovernmental Agreement was entered into by and between the Town of Vail. the Town of Avon. the Eagle-Vail Metropolitan District, the Bem, Creek Metropolitan District, the Beaver Creek Metropolitan District. the Arrowhead Metropolitan District. and Eagle County, Colorado, which created an independent governmental . entity known as the Eagle County Recreation Authority: and WHEREAS, the Authority is an independent governmental entity separate and distinct from each of the parties; and WHEREAS, the Authority is the fee simple owner of a 105 acre parcel of real property located in Eagle County. Colorado, commonly referred to as the Berrv Creek Fifth Filing: and WHEREAS. the Authority's parcel of real property is immediate) adjacent to a 109 acre parcel of real property located in Eagle County. Colorado. commonly referred to as the Miller Ranch which is owned in fee simple by the Eagle County School District: and WHEREAS. the Authority and the District have negotiated an Intergovernmental Agreement which provides for joint planning of the adjacent parcels and the conveyancing of parcels between the two entities to allow for the highest and best use of the real property. and WHEREAS. the Miller Ranch-Bern Creek Intergovernmental Agreement has been approved by the Authority Board of Directors. NOW, THEREFORE: be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves the Miller Ranch-Berry Creek Intergovernmental Agreement. as attached hereto as Exhibit A. by and between the Eagle County Recreation Authority and the Eagle County School District. 2. The Town of Vail representative on the Eagle County Recreation Authority is hereby authorized to execute any agreements necessary to effectuate the entering of the Miller Ranch-Berry Creek Intergovernmental Agreement. 3. This resolution shall take effect immediately upon its passage. INTRODUCED. READ. APPROVED AND ADOPTED this day of March. 1999. Robert E. Ford. Mayor ATTEST: Lorelei Donaldson. Town Clerk CARE5OLU99.4 RECEIIvuJ FE B 1 8 19% Eagle County Recreation Authority MEMORANDUM Date: February 17, 1999 To: Eagle-Vail Metropolitan District Beaver Creek Metropolitan District Arrowhead Metropolitan District Berry Creek Metropolitan District Eagle County Commissioners Tom Moorhead, Town of Vail Bill Efting, Town of Avon From: Connie Bullard Re: Miller Ranch-Berry Creek Intergovernmental Agreement Attached is the final Miller Ranch-Berry Creek Intergovernmental Agreement. This Agreement has been approved by the Recreation Authority Board of Directors and is being sent to each member entity for its approval. The Recreation Authority is requesting that each member entity adopt a motion approving this Agreement and authorizing an officer of your entity to execute this agreement on behalf of your organization. Administrative Management Provided By: Robertson &Marchetti, P. C. P.O. Box 600, Edwards, CO 81632 Phone (970) 926-6060 - Fax (970) 926-6040 MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT 1. PARTIES. The parties to this Miller Ranch-Berry Creek Intergovernmental Agreement (Agreement) are the EAGLE COUNTY RECREATION AUTHORITY, a quasi- municipal corporation of the State of Colorado (Authority), and the EAGLE COUNTY SCHOOL DISTRICT RE-50J, a public school district of the State of Colorado (District). 2. RECITALS AND PURPOSE. The Authority is the fee simple owner of a 105-acre parcel of real property located in Eagle County, Colorado, commonly referred to as. the Berry Creek 5th Filing and which is depicted on the attached EXHIBIT A. The legal description of the Authority's real property is set forth on the attached EXHIBIT B. The District is the fee simple owner of the adjacent 109-acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Miller Ranch and which is depicted on the attached EXHIBIT A. The legal description of the District's real property is attached as EXHIBIT C. As of the date of this Agreement, the Authority has allowed a portion of the property to be utilized as an equestrian center. The District has constructed Berry Creek Middle School on a portion of its real property and is leasing other portions of its real property to Stevens Home Care, Inc., J.T. Berga Company, Inc., and an existing residence to an employee of the District. The balance of the parties' respective real property is undeveloped. Prior to the signing of this Agreement, the parties determined that it was in their respective interests, and in the best interest of the public, to engage in joint planning for their respective real property to ensure that the entire 214-acre parcel (Property) is utilized in the most appropriate manner possible. Accordingly, through a joint planning process with significant public input and involvement, the parties have developed the Concept Plan which is attached to this Agreement as EXHIBIT D. The purpose of this Agreement is to reflect the agreement of the parties that Miller Ranch and Berry Creek 5th Filing will be planned as if the two parcels were one and in accordance with the terms of this Agreement. Now, therefore, in consideration of the mutual promises contained in this Agreement, the parties covenant and agree to the terms and conditions set forth in the following paragraphs. 3. JOINT PLAN FOR DEVELOPMENT. The parties agree that the entire Property shall be utilized by the respective parties in accordance with the designations set forth on the Concept Plan attached to this Agreement as EXHIBIT D. In fulfillment of such agreement, the parties agree as follows: 3.1 Conveyancing/Timing. The conveyancing referred to in Paragraphs 3.2 through 3.5 below shall be accomplished by general warranty deeds conveying fee simple title to the respective parcels involved, free and clear of all liens and encumbrances and subject only to easements, restrictions and rights-of-way of record, if any, but not including appurtenant water rights. Upon one party's request for a conveyance of the other party's real property to the requesting party, the remaining conveyances referred to in this paragraph 3 shall occur. The parties further agree that the timetable on which one party develops the parcels which it now owns, or may own in the future, is independent of the timetable on which the other party develops the parcels it now owns, or may own in the future; provided, however, that the conveyance of any Parcel from one party to the other party will trigger conveyances of all other parcels. 3.2 School Facility. Upon the District's written request, the Authority agrees to convey Parcel A to the District for construction of a school and related facilities. A school facility may include a high school, or the development of a magnet school or other type of learning center provided that the primary purpose of such facilities is to provide education for the citizens of Eagle County on Parcel A. The District further agrees that if it constructs a high school on the Property, it will be located on Parcel A. 3.3 Recreational. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 3 which is owned by the District to the Authority for use for recreational facilities and activities as described in paragraph 7 below. 3.4 Housing. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 2 which is owned by the District for use for housing as described in paragraph 7 below. 3.5 Open Space. Upon the Authority's written request, the District agrees to convey to the Authority Parcels 4 and 5 for open space and passive recreational activities. Parcels 4 and 5 shall be maintained in a predominantly undeveloped condition. Development on Parcels 4 and 5 shall be limited to trails, any bridges which may be necessary for such trails, picnic facilities, restrooms and trailhead parking. The parties further acknowledge and covenant that Cemetary Road is currently located on Parcel 5 and nothing in this Agreement shall restrict the future maintenance, upgrading .or expansion of this road. 4. EASEMENT AND RIGHT-OF-WAY. By that certain Conveyance of Easement recorded on February 20, 1992 in the real property records of Eagle County Colorado in Book 573 at Page 262, the Authority conveyed a non-exclusive, perpetual easement across its property to the June Creek Ranch Company. Thereafter, by Quit Claim Deed recorded as Reception No. 549209 on October 21, 1994 in Book 653 at Page 173, June Creek Ranch Company quit claimed such easement to the District. Effective upon the execution of this Agreement, and the parties' joint determination of the exact location and legal description of the easement, the Authority agrees to execute and to deliver to the District for recording that certain Deed of Perpetual Non- Exclusive Easement described on the attached EXHIBIT E. The District and the Authority agree to construct a road on such easement to be known as the Miller Ranch Road, and to make improvements to the intersection of the Miller Ranch Road and the Edwards Spur Road, pursuant to the terms and cost sharing arrangements which will be contained in a separate agreement. 5. CONSULTATION WITH OTHER GOVERNMENTAL ENTITIES. The parties have been consulting with the appropriate officials of Eagle County, Colorado (County), the Western Eagle County Metropolitan Recreation District (WECMRD), the Berry Creek Metropolitan District, and the Edwards Metropolitan District regarding the parties' joint development of the Property. The parties agree to continue with such consultations and agree to cooperate with other governmental entities to ensure compliance with Colorado law and the applicable rules, regulations and policies of such entities to the extent that such rules, regulations and policies are applicable to the parties as political subdivisions of the State of Colorado. 6. BOUNDARY LINE CONFLICT. As shown on Exhibit A, the parties acknowledge that there is a conflict between the Authority's easterly boundary line and the District's westerly G \CLIENTS\E\ECSD\IGA-EAGLE CY REC & DISTRICT-FINAL OF 10.00C 2 boundary line which will be resolved at the time the District conveys portions of Parcels 2 and 3 to the Authority. 7. ACREAGE, USE AND OWNERSHIP. The Parties agree that their respective parcels of real property which total approximately 214 acres will be subdivided into 13 separate parcels as described below: Parcel Approx. Acres Anticipated Use Present Ownership Future Ownership. A 25.0 School Facility Authority District B 11.0 School Facility District District C 12.0 Middle School District District D 14.0 Housing District District E 7.0 School Facility District District F 8.0 Alternative Use District District Road Public Road Auth./Dist. Eagle County 1 21.0 Multiple Use Authority Authority 2 16.0 Housing Auth./Dist. Authority 3 41.0 Recreational Use Auth./Dist. Authority 4 14.5 Open Space District Authority 5 22.5 Open Space District Authority 6 5.5 Multiple Use Authority Authority Total 197.5 The acreacle of individual parcels are approximate and subject to refinement during the formal subdivision of the Property. The total acreage of individual parcels indicated above is 197.5 acres and the total acreage of the entire Property is 214 acres. This discrepancy is because portions of the Property, such as areas of steep slope, are not included within individual parcels, and further because the number of acres required for the Public Road depicted on EXHIBIT D has not yet been determined. The parties agree that, in the future, their respective needs may change and that, prior to conveyancing the size and configuration of the above-described parcels may need to be adjusted. In such event, and upon written request, the parties agree to negotiate in good faith concerning such matters. The parties further agree that with proper planning and design the anticipated uses of the Property are compatible. The parties agree to consult with each other prior to the development of any Parcel. The purpose of such consultation is to ensure site specific design and development is responsive to existing and anticipated uses on surrounding Parcels. Anticipated uses provide a general indication of the future use of each parcel. With the exception of use restrictions outlined in paragraphs 3.2 and 3.5 above, nothing in this Agreement shall bind each party to the anticipated uses outlined above and further described below: G ICLIENTSkEIECSDUGA-EAGLE CY REC 6 DISTRICT-FINAL OF MDOC 3 Multiole Use: Open space, recreation, equestrian center, utility facility or other use consistent with the future needs of the Authority. Alternative Use: Education facilities, administrative offices, transit/maintenance facilities and other uses consistent with the future needs of the District. Recreational Use: Indoor or outdoor recreational facilities or programs including, but not limited to, ball fields, courts, pools, ice rinks, trails, and related facilities. Housing: Single-family, duplex, town home, condominium or . apartment dwelling units subject to such conditions and restrictions as may be developed by either party. School Facilitv: A school which contains classrooms, offices, gymnasiums, etc.; as well as any other type of learning center, the primary purpose of which is to provide education for the citizens of Eagle County. 8. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement., including, but not limited to, the following: 8.1 Design and cost sharing agreement for the construction of Miller Ranch Road, including such Road's intersection with the Edwards Spur Road, as referenced in paragraph 4 above. 8.2 Design and cost sharing agreement(s) for the construction of infrastructure necessary to develop the Property. 8.3 Joint use agreements for athletic fields, playing fields, recreational facilities, gymnasiums and the like. 8.4 An agreement between the parties concerning irrigation operations and maintenance matters which is based upon the respective amount of ground which each party irrigates. 8.5 Agreements concerning services provided to the Property by several special districts. 8.6 The legal descriptions for the Miller Ranch Road and for all parcels. 8.7 Upon execution of this Agreement, the parties will mutually determine the scope, nature and extent of review of their development plan required by law and Eagle County regulations and will pursue the required procedures. 9. WATER RIGHTS/IRRIGATION. Each party shall retain its respective water rights independent of the conveyance of any Parcel. Nothing in this Agreement shall prevent either party from modifying the Howard Ditch, provide such modifications do not limit or adversely impact the use of said ditch by the other party. GACLIENMEIECSOUGA-EAGLE CY REC d DISTRICT-FINAL OF 10.DOC 4 10. COVENANTS RUNNING WITH THE LAND. The parties agree that this Agreement shall be recorded; that the covenants set forth in this Agreement shall run with the land; and that the covenants set forth in this Agreement shall survive any conveyances made by one party to the other party pursuant to the terms of this Agreement. 11. CONSULTATION. The parties acknowledge that, over the term of this Agreement, issues will arise concerning implementation of this Agreement which the parties have not now contemplated. Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each other from time to time- concerning implementation of this Agreement and further agree that their respective representatjves will meet to conduct such consultation upon ten days written request given by one party to the other . party. In addition, each party shall from time to time designate in writing such party's "contact person" for all matters involving the administration of this Agreement. 12. DISPUTE RESOLUTION. If, following the consultation required by Paragraph 11 above and good faith efforts on the part of both parties to resolve any disputes regarding this Agreement a dispute still exists, the parties agree to submit such dispute to non-binding mediation. If the parties fail to reach a settlement of their dispute within 30 days after the earliest date upon which one of the parties has notified the other party of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to non-binding mediation by a single mediator provided by the Judicial Arbiter Group (JAG) of Denver, Colorado, any successor to JAG, or any similar provider of mediation services which is able to furnish a former judge to conduct such mediation if JAG or a successor to JAG is no longer in existence. If, following such mediation process, the parties' dispute still exists, the parties shall have the right to pursue any other remedies provided under Colorado law. 13. TERM. The term of this Agreement shall commence on the date set forth below and shall end on June 30, 2020, or until all conveyances (including those with deed restrictions) contemplated by this Agreement whichever event occurs first. Thereafter, the parties contemplate that intergovernmental agreements addressing any remaining or ongoing management issues will be entered into between the parties. 14. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. 15. NOTICES. 15.1 Notices. Every notice and other communication required or permitted under the terms of this Lease, shall be in writing and shall be deemed properly given if sent by registered or certified mail, postage fully prepaid, addressed to the Party to be given such notice or other communication and, when so addressed, shall be deemed to have been properly served, valid and sufficient for all purposes hereof, 72 hours after being deposited in a United States Post Office. 15.2 Addresses. All notices and other communications to the parties shall be mailed to their respective addresses as indicated below: G'\CLIENTSNE%ECSDUGA-EAGLE CY REC 6 DISTRICT-FINAL OF 10.00C 5 a. Authority: Eagle County Recreation Authority c/o Town of Vail 75 South Frontage Road Vail, Colorado 81657 and Eagle County Recreation Authority c/o Robertson & Marchetti, P.C. 28 Second Street, Suite 213 P.O. Box 600 Edwards, Colorado 81632-0600 b. District: Eagle County School District RE-50J Attention: Superintendent P.O. Box 740 Eagle, Colorado 81631 and Eagle County School District RE-50J C/o Daniel F. Bernard, Esq. Bernard, Lyons & Gaddis, P.C. P.O. Box 978 Longmont, Colorado 80502-0978 The parties reserve and shall have the right to change from time to time their said respective addresses for the purposes of this Agreement. Every such change of address shall be by notice in writing given in the manner described in Paragraph 15.1 above. 16. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement-between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 17. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 18. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 20. SEVERABILITY. If any provision of this Agreement is declared to be invalid, void or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be G'\CLIENTS\E\ECS011GA•EAGLE CY REC d DISTRICT-FINAL OF 10.DOC 6 severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 21. DATED. , 1999. EAGLE COUNTY SCHOOL DISTRICT RE-50J By President, Board of Education P.O. Box 740 Eagle, Colorado 81631 (970) 328-6321 (970) 328-1024 (Fax) ATTEST: Secretary EAGLE COUNTY RECREATION AUTHORITY By President 75 South Frontage Road Vail, Colorado 81657 (970) 949-4020 (970) 476-7325 (Fax) ATTEST: Secretary GACLIENMEl CSDUGA-EAGLE CY REC 8 DISTRICT-FINAL OF 10.DOC 7 STATE OF COLORADO ) COUNTY OF EAGLE ) The foregoing Agreement was acknowledged before me this day of 1999, by , as President, and by as Secretary, of the Board of Education of Eagle County School District RE-50J. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) COUNTY OF EAGLE ) The foregoing Agreement was acknowledged before me this day of , 1999, by , as Chairman, and by as Secretary, of Eagle County Recreation Authority. Witness my hand and official seal. My commission expires: Notary Public G'\CLIENTS\E%ECSD\IGA-EAGLE CV REC 6 DISTRICT-FINAL OF 10.DOC 8 I - T , Exhibit A Miller Ranch/Berry Creek 5th Filing Inleigmunm uwal AyiuL!menl flurry c,iuuk i 4W - EXHIBIT C TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT - _ sec^; c- 3 a-c ' _ arce! C. a-d oc __t ii. t SGLS Ra--Ge E2 WeSZ C- tie So'd ~2 CC1`_ V, Co_0=adc, Mc-e ec a fG~1G+IS G. \lG=~%~_1 7=C"' -C_-Way o= .tleC.' G W...s~.-___ ~G -road an C_ e 'NeSLe_-Y G-G _.30 C_ - i ' SCUt hwes- Ccr-er of S eC`_Ci'_ 3 CtlL SO fee r Cam. _ deg- 25'413" w rs S 01 G_ _ we5- ? _^e Gf~Se--ticr 3 c t,ne_Ce Ceoc:`1'?C '=0:1 C__ 0= The Denver an CGi' O !C _JCr- _1 v cr-r 7' 3 n - 122.1 G G crC 541 - r ~ ~7 -V e `o t e-ce a_G= C G G - _,d a GeSl l-+-i\: Gng G- ! , - II CeC=ees "_7'041 ~C, n 2 _G -_ee tC G 'OO'-rt O ~eCt?G i ~aS G= t e Wes 1/2 of ::he -er aeC--c: 1 i --e 00 degrees der u W ce= i :1 de ees 4E' 411° E 207.2= =ee-; ?e- n o c O. c, 3 _eet c~~ ~c a v- ~ a c'~ e ~=-03 `-^e ce a=r_ a - i-c _ r - arc C~ adius o' 1_52.60 _e°°__ and a c _.t_a Gv c ~.-o_-~riay =C-ee "-1' O2" to a cci _ - Co-Ti:T:cn to t_^_e Nor~.,_-,_o__rby, Tnes~e-ve_ ai1C R=o Gra-Ce - oaC and t=e SoutIne_iv -G=-way o Tnterstate 70v - ==ce a'--jar-inc on e 70 -0= y S SS c°c= L ees CGht. in i ?1C a1C^ y t_.e 1=1L°_= 5 S? _c t -Wa 2613111 W 703.20 fee" thence S 8CeG_aes 37'---," W 300.70 .eetr feat- degrees ^Gr 2L-++ W 11 SG -enCo ; _ Ce Ed C°CreeS 26' 3 + '.V 7110 .00 ieeoi c- o C 78 CeC_e-S OW ~ OG `-a=e ti E7 decrees 5;3 5 W E. n -3 .80 ee-i ^e^ce N_- 87 decrees 3 7 N 153.50 - Gi ^_a_ -e c lh e= 7 curve to the ric:-it an arc n = _:=C_ a1C^C a c rac-us of _ 2-4.1.80 fee_ a i and-le GEC=°_°_S a---c a ce- - t -ee~r ^e-c°_ N 73 decrees 33'?9" W 309.80 - _ :eer -=_~ce ti 73 decrees 20'29 W 13E - 3.20 f °_^Ce iJ tl^ C_C_ s 18 ' Z S i e_n_Gt^ G_ ! C'3 .37 1'L-ienCe a! o'-~c a c.:- to tC e G- Q-C -1 a_n_ C1 e o. - C°C:'_s a-c a c a _ac_us c= ?7~ 7 0 0 - - C^' 7i G-u`d~on _exz -age Page 1 of 7 EXHIBIT TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT 0 Wes" Z:ience ce-a ---=°-=space 70 a=_ - l _~,_L rp sec= s 2_'O-" W CG =nC a! G the cenze_ se __-C 2 1.1 -eer [ erCe aezar~z;_ Ce _cer seCC_OP_ ! _ne S G- decrees 0_ ~n" 76.53 fee-; t e_^_Ge S 07 decrees _ _ - ~ ^r a curve 1t.J ~a; G;C _enc7- : O-_ E il, e c o a, _C Clc a Ce a --anc e O_ C_ rv west 1_ye O. t1e rasa ~2 O. SeC~ -0i- G C ° a CnC ^.a C e 7- e G°Cr ~ ~c line s O_ decrees 2310111 raj O_ 1G 'V0=-^Gr1 ^_n O_-**W..IIGV O_ 1^0 3 !7 _ee _ G lG ar r- - R_ Gra"dee Wes- ~G_!'rOaC _c _t-O_ Te _rcm C: e Cent r se- O._ 1.n znC one ~O t c _ ~Cr _-0.- NaY a! Oic a curve a' c'"C t'e ZVC_ G _ GGG 0= 13 $o. arc `r=-^ O 8 00 G S _aer_- W_~ a rac_us - y~ ~aSt c:Q G C -SG'i_C3c) -f 2 4 7' 3G" _ '15717.70 feer_ t0 a D010 L.1e 1 e Pa = 1 _GaC" Z4 a _ Jr'-C / a0rC ° and t-- =^cnN- 0` - _ decrees 22' `3 11 _ 30 . _S feec To - e Point Oi ~°c=nn _^g Wa-v . ~ ^-\j,^ = ACM e IS-H1 Nj0_N 3-.A-C' 11 l0cat°_Q 1_T? la e_ CC` --_veSr Q7=G_-er 0=`Sec`.10 = , and t1e Southeast QL'G'_'_er O_ ceG- G - c To __cZ 82 Wesc of Z-"= e l xl i1':Si:1D sGL- tC _nc ~a er :aC!_ County, Co O=G^_c, more DaZz:_CL1arIV _L M as _cLicws: _ =nc_n_~1^_c ac a c=ass Ca:J =-J?C~iG~ G Oe?;S C Oi dec.=es - Corner G 55 _ _ l e~Cc - 8•`5 decrees 7-1-12111 W ..0 Le ea ~O`.C ~~CGU/ e `j 02 degrees _3' 18 60 .02 ee` t0 a crass ca_ ; thence - ~ „ f 59.33 =eet to_ a brass cees c2, 2 - :orco N S9 de-_ Of then ce S 02 decrees 04' 0-9 P} 5 -c . 82 =eet TO The Po'? nz .C TT\jC i =.'~CM t_. e "C_ OCcite;"i 1P_ t^°_ -cLL: °_St Q a~ 0= Secc_Oi! 3 / a _"C; Souz.-7eZSt QL'=-'e= C- yeVt TCwT:Si!10 3 SCilt:.,. =ance 82 '!vest cf C_^-e S_X_ CM G ~i a~ SdC 1 ° COQ :t'_v , C01C=a =0 mc-e Dar ~.CL? V ^c Gescr e as ~0!lOWS. - SGU-h°_asZ ~eci rin C ac a ='3__Ce Cone- --0u. W1C cn c tears S 0 _ decrees 22'1-8" W 915.23 eet, e- c. Sect 2_ -211 7 ' _eo~ -ence G!G^c a _fence 1_-°_ N 02 degrees _ _ Page 2 of 7 EXHIBIT c TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT ne^CeeS-as`G C"eeS GC' 6111 ? =G 78 'f to a -ef e C- CorP_er ; S 02 decrees 21'2911 W .34 feet t0 a fence CCrne-_ i 4 degrees .`3 i -C n r~ i _ i O -ee` r' 0 1Ge -`~G - N C_ =-:1 aCCOLC'nc -o LC'.e cte~D~'_oII Piac recorded Sepce=ber 21, 1994, n 3ooK 650, at Page 659, as Recep_ioa No. 546698. ^eC 0= Lan G GCa~eG 1__ t e SGLto _/2 c= SeCZ-_`Cn - ^dwr1S___D, S_ Sdut-' =a=ge 82^wes O_ CC!CraGO, iiOre Dartic:"ar'v des^eG Me--, C7 ?acle Cow---y, - as -dllcws: C-t the C,= Sect?o^ L' o'1_ the tee''-_--_--= ct a _ ^ o SCUthe-a5- C0= G- jeCC' OG G bears S G' CeCreeS 27 'd31i -W 372.4._4_ .pe_., 3a { c= t e Facie Rive_ N 7= decrees t-_ence alcnc t e Scut - 0 5_ , r G 11 Yrl 13 3 . ~ = f e e - ; ree`, - c G co Gec=ees-ZO' G01, W 1, 9.00 en C:e S decrees ^ r' 00 It W. 3211. G =e=~"` 1 e 4 -cr^e de _ nC :rcm the '3a of- the -ZaQ_ -v - N 2i-cee_aes 102~11 W 7.00 =eet; decrees ~8':~'~ W _CZ9.94 fee- N' 1_ - ` decrees 25124-11 tv ? 10 .20 =-ee` he ence ~ 77 degrees ?7'3?c9.00 -F eet; l..~_lr e 1 N _ L r C = ti-e ^e^ e 73 . G 'feet to a pcin, 1 eet _ ZV 20 G_c_r_°S 37'2 W C t~f`^-~ -O=-Wdv of Thy- De= ser and R-40 Grazer-e Weste= C - RailroaCj _ 37'30'"' _-_nrCe a? C c the Dail road Ricl t-cf-way N So' degrees i~32.72 to a coin t or- the aSt line o Seddon C ; e_et _ _ _ • _ -r e :Ca' lroaC D `-G:-wa'_v' a nQ C at'__?1i -C mac- SeCt_O__ S G_ -decrees 251 4.311 r~ 1e3.59 alc:'r'tCdepart: nCine - _.Fee- 10 Tr_°_ =chit Qt =.r-an g D T l Cc' "e^. in `ne South 1~2 ect1CP_ 3 , ' O:wT'_5D Dom- - - _xc Pr~ncTUa; d-_ - c aa__^ a 82 iti e - ~ C_ G e S _ Ccnt~:~eC cn-Next paee Page 3 of 7 EXHIBIT C TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT CCL•n-'v , Co? ;;;Gee _ G_ 1__ " : Ge_`-__ ~ GS _O__. r o . O-• cCL'--~°_ i y 'R_G^ _-CL-WaV CL m. e - rnV;^_ O a ^O?:=~ --^-i ~'~_1 =CGQ cnC C ? NO=~ Gi1.{ O_ ante We _ e_ SeCC_C = Z Deb ve _ C _G G. CC_ -r G : _ _ C e CC triW~ - - = c_~ ever =71. 1.---- - - _0 c C" w .0.~2 C=3;5 eCreeS 23 ' r aC R- ^C-O- -Wav `ii degrees ^e _ 371 3 ~Q GICOoa C.=ve O -ne-1e_C an arC 1enc~n C~- r and 47' 2 O" 79 feet and G C°n-- - c- cOy . 73 feet Z' a raC=Lis ' o aecrees 00"; - - cn _ _ 30 3;S 11 - 2033 32 feet to a pG - ^o--C ti~7~ Gec_e.eS - -^e itieS e-Oe C~ C_1;n° OO C°C=ees Cam' n-c tn-,'na c - ° Con-er sect .03 . theenc_ de- ar-=--c '-C 7n _ Ci°C'-°°^ dSj ~ dl it - 23- 5.93 e RG- I rOGC ~ -O.-~NGV ! GQ~nc ` _ ~ ai-C 1 °nC~•:? Or d^_4 .O1 ° a7 cmc: G G'-1= v° G-n_C~ O. _ ~ G. 302.0'0 feet and a central - -Fe- , with a - a - - - decrees 2 _ 00 " _ r=c- r i encth G. 332 ~1 -Hence aior:c a c,.,= ,re _o - j j o of 03 a r a c s c c.70--`ez a:-:a a cen-ra_ a•.c- =ee= w=- i~= ~c r 1:... Gn arc ~reence a_Gnc a c:,-=e CG - - - anCl e p= 2O -us o - = 005.4-0 feet and Ce----= _ 1/2 o th Ease dBeeet wa a'-- to a pC 1-71- West ine o, the crees 112'33" -OL east I SacL_o 3 Cn _ °nCe Q?Da'-C? i"LC=0 [ `_:^_e Ra: i rOaG Rich_ -0=-ti^+cV and l C - 1/2 SGLtheaS,- = COn _i i rC al pi:C the W°Sz C- - tae _ Sank cf S e c c r_ 3 ~ S DO c e-c-- e e s 27' 515 7z.00 --ees CG No=~.- C__ . Eacle River; C-'e - West l ' ne of East 1/2 SGu-- St deparcing ^c a' Or S t -e NTGrzh Sank 0= 'Eagle 1/ . Section 3 and c _ . . y ecrees a6•• W 1.3 ~ 28 eet, c eve= ~ ~ _ - t r e --I c: e - ?I-80 Qec'eeS -3" W l50 15 =eec 2-21 4 c" -r+ 411.02 fee t, e S E5 degrees ees 55'22" W 25 .10 feet:; t e nc e S 6a 0e-_c-r ;e~Ce -N,' 75 cec_ees 51132" w 1-02.33-3 f e e I ~ 411 W 32c .2 / - ees, ..^.°^Ge S 22 Cec_ s _ 55 Ge 2S3 CQ r-e_C; _,enco S m-eeS C~" O W ' - 4.3 I' 4 c. 32.05 C=° r: Ce o ec_ e °s W S 7 5 degrees °nCe _ 3S'23" - _CCn V ~ ni~te~ G:1 r'ieXt GaCe Page 4 of 7 EXHIBIT C TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT Ce 60 Gsc"_es 24- ' 0911 W 54-2 . 07 zfeet i7 feet es = W L27. e-,oe ti 7, a=g 5 - - _.25 `:jeri e sb C=c7rees CQ12511 W 2L2 - et L _ _Ce S 71 degrees -5' moo" W 212. 1 2 fee'..., i r-. 4. f To The 9c-__ d~gYees 0",32 W -32.0 -I ~J= -eg_ `J=aV!~il d nOi._XCIUS:Ve c2r72:uaL ease=er:C Over, along a d across n C Lae ex - st_i o Counz road, co=o .l V kaowm as "Graveyard Road, at Winslow -Road in 3er 1 Creek Ranch, Filing No. 2, Dass1Ag under and Late 70 r"?L of way, aZd Conz"nuima ` soul':_-:- C rouga the Inters -3 of e_; can 1 on of L 2 eastern boundary line oL the Greer. Tract, and the lvins- Dec7weeen Sucn road and rile Greer: T-aCt for aCC=SS and LL.;:Ly se:"'7lC_ LO t--- Green TraC--. COUNT? OF EAGLE STATE OF COLORADO Page 5 of 7 I EXHIBIT C TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT LnRrs P-A,RC =1 L: That portion: oft .e 200 foot wide P.gh, of way of Souther Pacific Transpa-Wtior_ Company located in thee Southwest Quarter of Section 3, Township 5 South, Range 82 est of tlhe Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: B-;nnir_a at a point on the west line of said Southwest Quarter of Section 3, from which the southwest corner of Section 3 bears S 02'04'33" W, 638.40 feet, said point being 50.00 feet northerly, measured at right angles from the center line of Southern Pacific Transpo, Lation Cc-nuariv's main, track; thence N 02004'33" E, along said West line of the Southwest Quarter of Section 3, a distance of 50.18 feet to the northerly right-of-way line of said 200 foot wide right- of-way; thence departing said West line and easterly along said northerly right-of-way line, being parallel and concenTic with and distant 100.00 feet northerly, measured at ric.rt angles and radialiv from said center !In-., the courses and curvature of said northerly right-of-way line as followis: N 87°16'26" E, 122.10 feet; 568.60 feet along the arc ofa curve to the left, having a radius of276=.79 feet, a central angle of 'I 1°47'00", and a long chord which bears Ni 81°22'56" E, 567.60 feet; and N 75° 29'26" E, 2110.57 feet to the east line of said Southwest Quarter of Section 3; thence departing said northerly right-of-way line, S 01°24'49" W along said east line, 52.00 feet to a line that is parallel and concentric with and distant 50.00 feet rortheriv, measured at right angles and radially from said center line; thence departing said east line and westerly along last said parallel and concentric line, the courses and curvature thereof as follows: S 75°29'26" W, 2096.31 feet; 578.88 feet along the arc of a curve to the right, having a radius of 2814.79 feet, a central angle of 11°47'00", and a long chord which bears S 8i°22'56" W, 577.86 feet; and S 87016'26" W 126.30 feet to the Point of Beginning. This parcel contains 3.216 acres, more or less. Page 6 of 7 EXHIBIT C TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT snT T7 P.-, .R(--ET- That portion of the 200 foot wide r:g..'it-o' wav of Souther- Pac;:lc TranspciatiCn Company iccated in the Southwest Quarter of Section Township 6 South, Rance 82 West cf the Sixth Principal Meridian, Eagle County, Colorado, being more oanicularly desc-:bed as follows: Beginning at a point on the west line of said Southwest Quarter of Section 3, from which the southwest corner of Section 3 bears S 02°04'33" W, 487.86 feet, said point being 100.00 feet southerly, measured at right angles from the center line of Southern Pacific Transpo .at;on Company's main track; thence N1 02°04'33" E along said west line of the Southwest Quarter of Section 3, a distance of 50.17 feet to a fine that is parallel and concent:is with and distant 50.00 feet southerly, measured at right angles and radially from said center line; thence departing said west line and easterly along said parallel and concentric line, the courses and curva-.:re thereof as follows: Ni 87016'26" E, 134.70 feet; 599.45 feet along the arc of a curve to the left., having a radius o"2914.79 feet, a central angle of l 1°47'00", and a long chord which bears N 8l"22'36" 98.39 feet; and N /5029'26?' -E, 2067.73 reet.to the east line of sa!a Southwest Quarter of Section 3; hence departing said parallel and concentric Iine S O1°2-.'49" W along said east line 57.00 feet to the southerly right-of-way line ofsaid 200 foot wide right-of-w•ay; thence departing said east line and westerly along said southerly right-of-way line, being parallel and concentric with and distant 100.00 feet southerly, measured at right angles and radially from said center line, the courses and curvature of said southerly right-of-way line as follows: S 75°29'26" W, 2053.51 feet; 609.73 feet along the arc of a curve to the right, having a radius of 2964.79 feet, a central angle of 1 1°47'00", and a long chord which bears S 81°22'56" W, 608.66 feet; and S 87°16'26" W, 138.90 feet to the Point of Beginning. This parcel contains 3.216 acres, more or less. Page 7 of 7 Exhibit D \ Miller Ranch/Berry Creek 51h Filing InterUrwerrnnent.'d AUicentunt y ( ) / \ Multiple \ A Use r ~ 21 o.c 111 School) Facility 25 0 *A g)jllp Housing ss.c 3 Recreational Altornalive Use /r E 13 School r School Open Space C r Facility us.c Facility Middle D y 5 no.o 1 'io.c School Housing i' 1 lam' - - Open Space 22 5 .o EXHIBIT E TO MILLER RANCH-BERRY CREEK INTERGOVERNMENTAL AGREEMENT For the reasons noted. in paragraph 4, this Exhibit E will not be able to be prepared until the parties determine the exact location and legal description of the easeme~t. u ~y TOWN OF VAIL !WORLD Office of the Town Manager CHAMPIONSHIPS 75 South Frontage Road 1999-VAIL-BEAVER CREEK Vail, Colorado 81657 . . 970-479-21051Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager . DATE: February 26, 1999 SUBJECT: Town Manager's Report Main Vail Roundabout Imvrovements At long last, we have received approval from the Federal Highway Administration and CDOT to construct the free right onto the eastbound ramp of 1-70. We are in the process of completing the plans and specifications and anticipate constructing this improvement this spring. RWM/aw 0 RECYCLEDPAPER r C CEIVEO FEB 2 6 1999 R E February 18, 1999 Mr. Rob Ford, Mayor Town of Vail 75 South Frontage Road Vail CO 81657 TM Dear Rob: UWj What a wonderfully successful World Alpine Ski Championships. From the first Championships Season event to the last cheers by local school children, we celebrated our sport with the world. Our success as a community would not be possible without the tremendous support of our sponsors. Only a few short years ago, we came calling, asking for your financial and philosophical support and you allowed us make our dreams a reality. As a sponsor, your support made us one of the most successful events in history and we would like to share the highlights with you that include: n • The 1999 World Alpine Ski Championships reached the largest TV p~~K audiences in the history of ski racing. European TV results exceeded the P£RFORMRNCE highest broadcast ratings and surpassed those of the legendary ski races on the Hahnenkamm in Kitzbtihel, Austria. ¦ 'A • Over 25,000 articles were written by print media worldwide as 1,500 members of the domestic and international media attended the Championships. • Spectator numbers exceeded all previous U.S. records - 20, 000 at the Men's EXECUTIVE COMMITTEE Downhill in Beaver Creek. PRESIDENT GERALD R. FORD Over 500 hours of international television coverage and prime time in central European countries ADAM ARON Four hours of weekend coverage on NBC with ratings of 2.9 - 3.1 JOHN DAKIN Eleven hours of mid-week coverage on ESPN with an audience of 80 million. ANDREW P. DALY On behalf of all of us at the Vail Valley Foundation, thank you for believing in us CECILIA FOIZ and making this The Last Great Party of the 2011, Century! HARRY H. FRAMPTON, III JOHN GARNSEY We enthusiastically look forward to working with you in 1999 and in the new GEORGE N. GILLETT, JR. millennium. ' PEPI GRAMSHAMMER With appreciation, LISSA MACKINTOSH CLAYTON PETERSON JIM ROBERTS is a Mackintosh PETER SEIBERT Ex cutive Vice President LJM:rhi V A PROJECT OF THE VAIL VALLEY FOUNDATION P.O. Box 309 VAIL, COLORADO 81658 PHONE: (970) 949-1999 001 Vail Associates MU*S C FAx: (970) 949-9265 F 1 S / ' .~'ea,;e2 r~ - • IMG uenC E-MAIL: www.voil.net/vail99 RECEIVED FEB 2 6 1999 VANTAGE POINT•VAIL CONDOMINIUMS February 24, 1999 Town of Vail Vail Town Council All Members 75 S. Frontage Road Vail, CO 851657 Ladies and Gentlemen: The owners and managenfient at Vantage Point Condominiums would like to express their concern about the future development of Tract E, located at the southwest corner of East Lionshead Circle and the South Frontage Road in Lionshead. Currently this parcel of 'land is maintained by both the Town of Vail and Vantage Point Condonvnium Association. For at least the past twenty years that I have been managing Vantage Point, we have maintained the western half of Tract E. Vantage Point installed a sprinkler system back in 190867, planted flower beds and trees. We also cut the grass and perform all landscape maintenance needed on the western half of Tract E. `vVhen I moved into Vantage Point in 1979, the trees located on Tract E were no taller- than ten feet. Today this stand of Colorado Blue Spruce are at least forty to fifty feet tall and are one of the most attractive features along the South Frontage Road and East Lionshead Circle. These trees also create a very effective sound barrier for the noise pollution created by the traffic on East Lionshead Circle. Several years ago we installed a bird feeder that has attracted numerous species of birds that inhabit the trees on this parcel of land. Some of these species are, the Pine Cisken, Black Capped Chickadee, Stellar Jays, several types of Finches, Ruby Throated Humming Birds in the summer and of course the obnoxious Magpie. Needless to say Tract E has become a very attractive "park" enjoyed not only by Vantage Point homeowners but the public in general. 508 East Lionshead Circle • Vail, CO 81657 970-476-0364 Unfortunately there seems to be a trend to reduce the landscaping requirements on future redevelopment in Vail Village and Lionshead that we feel will be very detrimental to the overall appearance of Vail. Without adequate landscaping Vail will become a city of concrete and asphalt. While I do understand there are no plans to develop Tract E, the rezoning of the parking structure and Tract E to General Use District could open the door for future development. As stated in Chapter 9 of Special and Miscellaneous Districts, Article C - General Use District, Section 12-9C-2: Permitted Uses, one of the uses for Tract E could be, "passive outdoor recreation areas and open space." Vantage Point Condominium Association would like to go on record as supporting this type of permitted use for Tract E. While on a map Tract E may seem like a small insignificant parcel of land, in reality in its current state it adds greatly to Vail's beauty. I would strongly suggest that if you have not already done so, that you take the time to come by and inspect Tract E. If you have any questions regarding this matter, please feel free to contact me at your convenience. Sincerely, VANTAGE POINTNAFL CONDOMINIUM ASSOCIATION Michael D'Anci, Sr. General Manager MD: dmd ~y TOWN OF VAIL 75 South Frontage Road Office of the Mavor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 February 25, 1999 Sheika Gramshammer Gasthof Gramshammer, Inc. 231 East Gore Creek Drive Vail, CO 81657 Dear Sheika: Thank you for your letter of February 91h. The 1999 World Alpine Ski Championships were a huge success, the Town of Vail looked very good and presented a very favorable image to the world. I believe that all the headaches of last summer's construction season paid off for us during the Championships and will continue to do so for years to come. The new wing of Gasthof Gramshammer is a welcome addition to the Village Core. As to your allegation. that your guests were "harassed and ticketed" during the summer construction season, I have been advised that a special parking permit was developed by Police Chief Greg Morrison specifically for Gasthof Gramshammer guests which were used during the construction season. These parking permits, a copy of one is attached, were distributed at Check Point Charlie to your guests. The permits clearly indicated, in both narrative_ and by pictured map, the location of your loading/unloading zone and the regulations regarding parking on Gore Creek Drive. This special permit was developed solely for Gasthof Gramshammer guests; no other business in the Town of Vail received such a customized permit. These permits were utilized to assist your guests with parking and to avoid any confusion caused by construction. The permits allowed 15 minutes to unload luggage which seems very reasonable. As there was only space for two cars in front of Gasthof Gramshammer at one time, it was imperative that the 15 minute limit be strictly enforced to ensure access for additional guests arriving or departing from your establishment. It is my understanding that even after these permits were being issued, several of your guests exceeded the allowable time for parking on Gore Creek Drive, in some cases for excessive periods of time. In one incident, one of your guests was ticketed for violating the 15 minute limit and you complained to Town Manager, Bob McLaurin. The very next day, the same car was observed by Police Chief Greg Morrison parking in your loading/unloading zone for over one hour. r/. As to the issuing of a ticket late in the afternoon of February 2"d, I have been advised that the Code Enforcement Officer at Check Point Charlie clearly advised the occupants of the vehicle that they were not allowed to park on Gore Creek Drive; they could only park in your underground garage or on the ramp leading to it. Contrary to the instructions given, the driver immediately parked on Gore Creek Drive, resulting in the parking ticket. Please be aware that at the same time you are complaining of excessive enforcement, other merchants in the Village Core are complaining that illegally parked cars, trucks and vans, to say nothing of 18 wheel semis, were out of control and adversely impacted their _ businesses. The businesses are demanding more parking enforcement from the police. department As a result, the Code Enforcement Officers have appropriately been instructed to firmly enforce all loading and delivery policies. I appreciate your opinion and that you have taken the time to write me addressing your concerns. Be assured that while the Council demands exceptional customer service from our employees, we insist that the loading and delivery rules be strictly and fairly enforced. Sinc y, Robert E. Ford Mavor Attachment xc: Vail Town Council Robert W. McLaurin Greg Morrison Al TOIf,'V OF W 75 South Frontage Road Vail, Colorado 81657 970-479-2200 Department of Police 15 MINUTE SPECIAL PARKING PERMIT PEPI'S GASTHOF GRAMSHAMMER FOR LOADING AND UNLOADING OF BAGGAGE DATE LICENSE PLATE VALID FOR 1 MINUTES STARTING TIME • THIS PER-MIT IS VALID ONLY FOR LOADING AND UNLOADING LUGGAGE IN FRONT OF PEPI'S GASTHOF GRAMSHAMNIER, DIRECTLY" ADJACENT TO PEPI'S DECK, JUST EAST OF THE PLYWOOD CONSTRUCTION WALL, AS INDICATED ON THE :MAP BELOW • NO PARKING IS ALLOWED ON BRIDGE STREET AT ANY TIME • ONLY POLICE EMPLOYEES ARE AUTHORIZED TO DIRECT YOU WHERE TO PARK, ENIPLOYEES OF GASTHOF GRASHANINIER HAVE NO AUTHORITY TO AUTHORIZE PARKING • PLEASE DO NOT PARK ANY-WHERE EXCEPT DIRECTLY IN FRONT OF PEPI'S AND PLEASE DO NOT EXCEEED 15 MINUTES. VIOLATORS WILL RECEIVE A S26 PARKING TICKET. ORE 0RE GORSUCH GOLDEN BEAR NO PARKING BRIDGE STREET NO PARKING P A PEPI'S R GASTHOF K. GRAMSHAMMER R£CYCLEDPAPER r TO WN-OF -V ' L :'~'t:.`~L.4'tu--~' ~•e5'DOILSe ReL'~~ • residers led ertlyreceived by the Town of V ac: a : ^°-~~•s .o eve US sZtG~ iztFtzt a--- We e~ca~2 V azid we stove for Um~y zues. Ft,. • C'~-~'=':.~."~ : ORu p p~~~ ~~~=1 c WORF~'GDys~s147~ o - ` R-N . J :~L~• : i 0 r a ti~ r.;, Lei Qt~~Y . ~ { . : - , u.._ 7') j~L QTY - :-.ec, J i.dl, J{ `iii{?~ lt, Pj lath' ( E l ' 1 f ~G Gl'~.lu~E - ~ ~ r2;- ~U.~.. {l,(j-(,~1.(, ~i11.~} ? ~ k,L {l l ~6.-'~1~' 1 b1 C,c-t~,C.R.~ .1 -o•. ;lea , , :~Citirr tnc :ems viii :~-air err =ie at ~~.e _ r_r.~.-rev-r.:a,a itc~,;v s.nil be Cnsict:?c ayes • CrtSlririllytSi L'O4f As aeoss t! t4is fCra~ cs tt~sZ~ b s fiasthnf RECF1VED FEB 1? 1 00 firamshammer, Inc. Teieonn° *one 8~ 970 L Peo Gramshammer 23' cas; Gore Creeh Dm Sneika Gramshammer va;;. Colorado 816 February 09. 19.99 Dear Nlayor Ford. With the World Championships coming to an end. I am finally finding the time to pyrite to you. First of all. Pcpi and i would like to thank you for sneaking tip in behalf of Gasthof Gramshammer and our new addition at the last town council meeting. we really appreciate your support. ` There have been many times when Pepi and I ask ourselves why we change and improve. instead of enjoying our business the way it was. We choose to improve our home. which is what Gasthof Gramshammer and Vail have been to us since 1964. Gasthof Gramshammer and Vail have been our pride and joy for all these years. It ryas not an easy start for any of us. but we all worked very hard to achieve -hat we have created in making Vail what it is today. What Vail has become. seems to be changing before my very eves. instead of the growing pains that affect any expanding community: it seems to me that we are now experiencing a different kind of pain - an "attitude pain." I understand that there has to be rules. but they are made for `iuidelines and need to be flexible to the situation. This past summer was not an easy summer for any of the businesses that are located in the heart of'Vail. With all the construction in town during the building of the Austrian Haus. Slifer Circler Seibert t_trcle. the transportation Center and. of course. vasthoi'Ciramshammer*s new addition. It %\as a very frustratinc, several months for many of us. However. during the construction. we all had a common goal - to improve and become more beautiful in welcoming the World to Vail . xvith the \l'orld Alpine Ski Championships. Pepi and I have spent thousands of dollars on flowers and improvements to beautify Gasthof Gramshammer and the streets of Vail Village. We would like to make a positive lasting impression on visitors because we ,vant people to enjoy and love Vail as much as we have all these years. What upset Pepi and me the most during all this were the problems with Town of Vail employees: specifically. Mitch Imber at Checkpoint Charlie. Instead of our guests being welcomed and advised about the construct] ori around town. they were harassed and ticketed while trying to figure out how and where they needed to go to check in. Mr. Imber insisted on -oing out of his way to leave his post at Checkpoint Charlie and came to Gasthof Gramshammer to pyrite tickets to our guests that parked over the 10 minute maximum limit. which even f involved the Vail Police Department. This harassment went so far. that man of our Luests. ^ before checking in insisted upon leaving Gasthof Gramshammer and moving to the Sonnenaip or even as far as Beaver Creel:. I have confronted the police chief and the Town Manager. but it seems as if I am 1112 to a brick wall. \Vhen I approach anyone to discuss other problems. such as the street noise the amplified sounds coming from night clubs. snow- removal at 4:30ANI and trash pick up at 6:00AN1. it seems that no one is willing to take action and nothing is being done about it. These hinds of problems cause complaints and non return guests. In the winter time it doesn't seem that there are is any assistance in controlling the street noise and one major complaint is that .our <_Tuests are only getting about 3 hours of sleep at night. if they are lucky. However. in the summer the officers are quickly at hand with their volume meter to measure the decibel level on our porch and give our entertainer a noise ticket at 5PM. This is another reason for not wanting to have entertainment on our porch this coming season. The street entertainers. with their sin, ers and instrumentalists. are much louder than our entertainers. At your meeting you were also talking about the attitude of the employees that work for Vail Associates and the Mountain. We also have the same problems as you. and we believe that we should first start improving guest services when they arrive in Vail, by making them feel welcome and assisting in any problems they may have. I think that we are forgetting that we are a resort and our business is to make people feel welcome. enjoy- themselves and return year after year. - Another example of blatant rudeness on the part of the town was on February 1999. when the Austrian ski team brought their gold medalist. Hermann Maier. to the front porch at Pepi"s in an official car to celebrate his first win in the Super G. Mr. Maier's driver was followed into town with flashing lights and then received a parking ticket because lie could not move the vehicle fast enough- The entire incident was caught on film and broadcast on Austrian TV. Is this really x\ hat w-e want to show to the world" The only wav I can see guest sen ices changing in the future is if the businesses and the town start working together in achieving a common goal. To accomplish this. the town is going to have to be more flexible in helping create the kind of atmosphere we all desire in the heart of Vail. As I said before. Vail is our home. We live above our business and we have contributed a lot of time. energy and money to this community. We never thought that there would be a point in time where we would consider getting out of this business. but all the stress and heartache makes living in Vail an unhealthy and sad experience. Thank you. Rob. for letting me take up your time and let you know what has been on my mind for the last 6 months. Best Regards. THE CENSORED IN VAIL NEWS WHY THE PUBLIC PAID FOR MY 94-95 SKI PASS Chris Ryman, then VA Sr. V.P. of Mountain Operations, now with George Gillette, gave me a complimentary 94-95 ski pass, at your expense, to use environmental educational material and begin an association with the National Renewable Energy Laboratory (NREL), in Golden CO. The NREL works with big companies, and developes renewable energy, alternative fuels, and building technologies. The NREL is bombarded with tour requests,'but gives only a few a year, generally to groups of high level students. I got a tour without asking for one I think because I said I think I could get VA and the TOV to work with them. The NREL told me they'd love to work with VA and TOV, but Chris, VANR and TOV refuses. Chris, VA/VR and the TOV also refuse to be involved with relevant to the environment, environmental education designed to be used on a national level, and put information in front of people of all ages so people can make responsible decisions and give up the environmentally irresponsible actions everyone does everyday because of their environmental illiteracy. WHAT IT TAKES TO GET AN ENVIRONMENTAL MEETING WITH TOP LEVEL VAIL I had tried to get VA and the TOV to be the environmental they misrepresent themselves as, but there was no response, no interest, so I presented an environmental marketing plan for the 99 WASC. Still no interest, so I asked for the addresses of the votes for the 99 WASC, which finally got me a meeting with Chris Ryman, Peg Osterfoss then Vail mayor, and Russell Forrest then Vail's Environmental Policy Planner. Essentially I was told there is no environmental interest, Russell will remain as a showpiece, and VA and TOV will keep proclaiming greatness, however there was one glimpse of hope. Chris who almost fell over backwards in his chair laughing that the NREL "could never produce the amount of energy our lifts require", told me it appeared I had good intentions and we'd talk again. This was in 4-94. THE DEAL After many attempts in Oct 94 Chris agreed to meet again. We talked about tennis, skiing, anything expect the subject matter, but at the end Chris offered me a deal. VA will begin as association with the NREL, and use an environmental educational column, work syndications complimented for years before deciding there was no market for, and for that I would get a complimentary ski pass. I was clued in that I was working 100+ hours week on the column, and working with the NREL would eventually save VA alot of money, not to mention the intangable positive PR, and not to mention it is a responsible move, and this was much less compensation than Russell was getting for working to a much lower level, therefore I doubted these actions were going to happen, but if I didn't accept the pass, I would never be able to say this happened. I took the pass because Chris stated "once the ball gets rolling, it stays rolling". I gave Chris the benefit of the doubt he'd educate himself, his co-workers and the public, and making the ball roll faster, but in reality I knew I was setting Chris up to prove his/VA's false intentions. CHRIS'S/VA'S STONEWALL Once I got the pass Chris had no time to meet, to go to the NREL or get the educational material presented. I was thinking the public had been had, and bought me a pass for nothing. Four months later, at a TOV meeting designed to ask our leaders questions, I tried but had to defend my right to ask questions and expect an answer. I was removed from the podium without one answer. When I asked Chris about the pass, he displayed a silent stone face. The next day, Chris wanted to talk to me. I went in, but Chris left early sick. Joe Macy filled in. Behind closed doors Joe told me, "You speak very well, you write very well, now that you have gone public, you should move to a big city and environmentally upgrade a big company". I said, "Joe VA is a big company that proclaims environmental intentions and needs to be upgraded". Joe continued, "Or if you wish to continue to ski you should move to Aspen or Steamboat because they both have think tanks and you should be working in a think tank." I responded, "Did you just tell me to leave town", to which I heard "no" and had to respond "well yes you did", to which once again, but not for the last time, I saw VA's silent and stone faced face. Joe ended the meeting, "Now that we understand each other better, I have to go home." TERRI DIEM RULES CHRIS LIVED UP TO HIS END OF THE DEAL I brought Chris to court. His defense through his VA lawyer was that I was given the comp pass because of my community involvement. Terri Diem couldn't, wouldn't understand the problem is, I can't live up to my end of the deal. She ruled Chris lived up to his end of the agreement because he gave me the pass. I told Terri I expected nothing less, I was just here to prove it and that I would report it to the public, to which she responded, don't threaten me. I explained there is a difference between feeling and being threatened, I will let the public know your ruling, and you feeling a threatened speaks for itself. Good thing I had a comp pass receipt, otherwise Chris probably would have denied giving it to me. LIKE SWISS CHEESE, CHRIS'S DEFENSE IS FULL OF HOLES Chris gave me the pass for my community involvement. Really. In the TOV meeting 4 months after I received the pass, both VA and the TOV made their position on their interest in my community involvement quite clear, they weren't interested. In the meeting I asked Chris when are we going to the NREL. Chris did not answer I gave you that pass for your community involvement, because no one would have bought, or I did not give you a pass to go to the NREL, etc. This was the perfect time for Chris's reply, but instead Chris sat silent and stonefaced. Second if I was lying about the deal, I would say Chris/VA offered help with an environmental film with Vail all over the start and finish and send it to every school in the U.S., Chris/VA agreed to convert their disposable restaurant operations to reusable ones, etc. The last thing to blow Chris's defense out of the water was what the Vail police refused to do. For years I had been told rd been bribed and I should go to the police by many, many people. One was a man who joined Buck Allen and I on a chairlift. Buck explained I was Vail's environmental conscious. I breifly explained my situation and the pass deal, and this man immediately stated, "Well clearly you've been bribed.", only to announce two minutes later he was a lawyer who once appeared before Buck. I asked the Vail police.to look into this, knowing they wouldn't, simply to prove they wouldn't. The Vail police response was, "bribery is hard to prove", even harded when it won't be looked into, and told me I had a civil case. I guarantee if the Vail police unannounced took Christiana, Joe Macy and Chris into separate rooms simultaneously and asked my provided questions, Chris would not have been able to use this lie as his defense. ANDY DALY CALLS THE LAWSUIT'FRIVILOUS' The suit also included VA reimbursement for the paper space and time it took to write the balance of VA's inisolation press releases, because VA claims, all VA is about in any story is that it be in balance and perspective because it's easy to put information out in isolation but you can't do that. Andy critized articles that are misleading, poorly researched and an unbalanced presentation of an issue, yet don't ask Andy to stand behind that statement. Andy sent me a letter stating, "be advised VA will vigorously defend all legal preceedings brought against it and shall, if necessary, ask the courts to impose sanctions, penalties and costs on parties and attorneys who bring frivilous suits which amount to harassment under Colorado law." The Vail police told me I had a civil case, but Andy thinks it's harassment to expect Chris/VA to live up to a deal they offered you, or to ask and expect Andy to back up his words. About costs, I brought Chris/VA to small claims court where lawyers are not allowed, but Chris/VA refused to come as a man and state his position without legal representation, so Chris had a VA lawyer bump it up to county court, where Chris's/VA's lawyer lied for Chris. I've asked Andy and Adam for meetings, but they refuse, so not so funny Andy ended his letter with, "VA and its management are always ready to engage members of the community in a constructive dialogue regarding our operations. Threatening letters, (again I believe the feeling threatened concept) and frivilous lawsuits are not a part of any such process. I hope that you will reconsider your approach to these and other community wide issues and that you will use more constructive and responsible means to insure your opinions are fully considered." More constructive than an environmental marketing plan for the 99 WASC, or working with the NREL, or 2 designed to be used on a national level putting information in front of people teaching all ages how to be environmentally responsible in their daily lives, or guaranteeing you can lower all VA costs, and make VA's operation much more environmentally responsible not to mention much much safer to ski, etc. At the TOV meeting where noone answered questions, Andy made his position on constructive dialogue quite clear, and as always with his refusal to meet, Andy proves asking him to back up his words is asking entirely too much from this man, so you gotta wonder, who's harasssing who. VAIL, VA REMAINS ENVIRONMENTALLY UNACCOMPLISHED AND UNEDUCATED/ILLITERATE Ford advertises it runs plants off renewable energy, a Denver news channel advertises they run operations off renewable, energy, but here in the, we roadblock environmentally proactive and responsible actions Vail, Vail has no success to advertise. In the 5 years Chris, VA/VR, and the TOV have headed the environmental stonewall, much could have been accomplished, things this community would be proud to see, but because of the environmental ignorance of our leaders, nothing has. I title our leaders environmentally ignorant because I believe when you deny yourself an education is when you lower your non-knowledge status. The people here remain environmentally illiterate, as does this country, and Chris, VAVR and TOV are very much for that illiteracy and apparently live by the ignorance is bliss strategy themselves. Had Chris, VA/VR, TOV educated themselves, they'd know every 15 minutes the sun deliveres to earth the amount of energy we produce worldwide yearly, and they'd encourage, not belittle and stonewall someone wanting VA/TOV to work with the NREL, and to move the U.S. from environmentally illiterate to literate, but instead in Vail ignorance rules irresponsibly, and it spears-the-_public-has been had and bought me a pass for nothing except VA toying with me. Eileen Connors 2-25-99 ' MEMORANDUM February 25, 1999 ToVail-Town Cou c Bob McLaurin Pam Brandmeyer Steve Thompson From: Sally Lorton Re: January 1999 Sales Tax Collections Attached please find the latest sales tax worksheets. I estimate I will collect another $32,800.00 in January 1999 sales tax. If so, we will be 3.6% down from 1998 and 6.8% down from budget. In January 1999 we had a Red Bull Mogul Mania event and The Bailey's American Ski Classic. January 1998 brought us The Sprint World Ski Challenge. Town of Vail Sales Tax Worksheet 2/25/99 % Change % Change 1,999 Budget from from Month 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Budget Collections Variance 1998 Budget January 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,330 2,188,943 2,006,264 (182,679) -5.16°o -8.35% February 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,228,041 March 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,0771 2,450,164 April 550,205 567,684 634,174 616,648 691,163 864,303 794,668. 791,092 966,993 874,427 1,107,3341 1,145,861 May 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,7181 396,027 June 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,4001 655,430 July 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,8821 1,146,156 August 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,9261 1,224,834 September 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,6081 760,913 October 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,5311 532,652 November 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,5961 678,336 December 1,455,948 1,615 278 1.625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,8341 2,132,272 Total 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15 030 357115 539 629 2,006,264 13,533,365 -86.40% -87.09% Town of Vail Sales Tax Worksheet 2/25/99 % Change % Change 1998 Budget from from Month 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Budget Collections Variance 1997 Budget January 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 1,935,782 2,052,5691 2,076,931 2,115,330 38,399 3.06% 1.85% February 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 1,993,389 2,089,673111 2,121,757 2,153,121 31,364 3.04% 1.48% March 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,9921 2,614,841 2,368,077 (246,764) -8.25% -9.44% April 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,42711 881,575 1,107,334 225,759 26.64% 25.61% May 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,78311 328,723 382,718 53,995 16.05% 16.43% June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,3661 642,504 633,400 (9,104) 0.48% -1.42% July 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,6371 1,060,879 1,107,882 47,003 6.16% 4.43% August 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,4301 1,090,762 1,183,926 93,164 10.29% 8.54% September 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,8311 642,504 735,608 93,104 15.33% 14.49% October 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,8361 478,142 515,531 37,389 9.03% 7.82% November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,16611 717,214 656,596 (60,618) -7.15% -8.45% December 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 2,068,851 2,254,7091 2,286,119 2,070,834 (215,285) -8.16% -9.42% 7771 < Total 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 13,719,308 14,747,419114,941,951 15,030,357 88,406 1.92% 0.59% TOWN OF VA IL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 VAIL POLICE DEPARTMENT NEWS RELEASE February 24, 1999 Contact: Sgt. Rusty Jacobs, 479-2249 pager, 748-7293 RE: Phone Solicitation Scam Date and Time of Incident: About 8 p.m. February 23 Location: Vail area Arrest Information: No arrests have been made at this time. Svnopsis of Events: At about 8 p.m. on Feb. 23, a person received a phone call from a man identifying himself as a Vail Police Officer. The caller stated he was soliciting funds to help "Vail Kids on Drugs." The caller then offered three sponsorship packages: gold, $50; silver, $35; or bronze, $25. It is unknown what the contents of each package were to contain. The Vail Police Department has received a second report of a similar phone solicitation. Please be advised that the Vail Police Department has no program of this type in effect and does not allow anyone to solicit funds in its name. Persons receiving a request of this nature by phone, mail or in person, should immediately contact the Vail Police Department at (970) 479-2200, or*their local law enforcement agency. The Better Business Bureau also collects information on fraudulent solicitation activities. The BBB can be reached at 1-800-564-0371. When receiving a request for charitable funds, recipients should be prepared to ask some basic questions. Those questions include: What is the tax identification number of the organization? What is the call back phone number and address of the organization? Could you mail some literature explaining the background of the organization? Also, ask for detailed information the solicitor should know regarding the organization he or she claims to be raising funds for. For more information, contact Sgt. Rusty Jacobs, Vail Police Department, at 479-2249 or pager 748-7293. RECYCLED PAPER TOWN OF PAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE February 25, 1999 Contact: Bob McLaurin, 479-2105 Vail Town Manager Larry Pardee, 479-2165 TOV Street Superintendent TOV LIMITS USE OF MAGNESIUM CHLORIDE WHILE EXPERTS CONCLUDE ENVIRONMENTAL IMPACT STUDIES (Vail)--Citing continued uncertainty about the long-term impacts of magnesium chloride as a de-icer, Vail Town Manager Bob McLaurin has directed Town of Vail street crews to use the chemical sparingly until more information is known. Since Feb. 8, crews have cut back to just 3 miles of chemical application along Vail's 32 miles of roadway. Earlier in the season, crews were using the chemical on as many as 4.5 miles of roadway. "Because there seem to be more questions than answers about the impacts of mag chloride, I've asked our crews to cut back as much as possible, so long as we're not jeopardizing the safety of our streets," McLaurin said. In the meantime, the Town of Vail has joined other members of the Colorado Association of Ski Towns (CAST) to review existing research on magnesium chloride and to conduct additional studies, if necessary, to draw some conclusions about the long-term impacts to air and water quality, public health, as well as corrosion issues. McLaurin says the town stands ready to suspend use of the chemical if the studies warrant such action. "We want to be very methodical in our decisions," said McLaurin. "That's because our other options--salt, cinders and sand--have known environmental risks, as well." Larry Pardee, Vail's street superintendent, agrees. "Unless the research shows otherwise, we continue to believe that mag chloride is an effective treatment," he said. Figures from the Colorado Department of Transportation have shown significant reductions in the number of (more) RECYCLEDPAPER Add1/ TOV Magnesium Chloride accidents when magnesium chloride is used. In addition, the number of road closures along Vail Pass, as well as the duration of chain law requirements, have been reduced because of the chemical's snowmelt effectiveness, according to Pardee. "We know the short-term effectiveness is well-documented," Pardee said. "But we don't have sufficient answers yet regarding the long-term impacts." Therefore, Town of Vail crews will limit the use of magnesium chloride to steep roads with grades over 8 percent, as well as heavily traveled intersections. Those areas include the Main Vail and West Vail roundabouts; Blue Cow and Crossroads Chutes in Vail Village; Vail Road; East and West Lionshead Circle; the post office entry and exits; and South Frontage Rd. from West Gore Creek Dr. to Cascade Club. The remainder of Vail's frontage roads, which are maintained by the Colorado Department of Transportation, are not currently being treated with mag chloride, according to Pardee, although some may wish they were. The town has fielded several citizen complaints about icy conditions along the frontage roads this winter. Those complaints have been forwarded to the state. McLaurin says he's hoping to receive more conclusive findings about the impacts of magnesium chloride this spring. Until then, he and Pardee are encouraging motorists to take extra precautions, especially when the streets are snowy or icy. "Slowing down is really the best- prevention there is," McLaurin said. TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY February 24, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR FEBRUARY 23 Work Session Briefs Council members present: Armour, Arnett, Foley, Ford, Jewett, Kurz, Navas --Buck Allen 20 Year Anniversary The Council recognized Judge Buck Allen for his 20 years of service as Vail's municipal judge. Allen received a check for $2,000, which reflects the town's employee recognition program for 20 year anniversaries. Allen joked that his goal is to be the "Cal Ripkin" of Vail's Municipal Court. --Planning and Environmental Commission Representation on the Design Review Board After a discussion that included mixed opinions, the Council reluctantly directed staff to draft an ordinance that would remove a provision in the Town Code that requires representation by a Planning and Environmental Commission (PEC) member on the Design Review Board. The Council also directed staff to draft legislation that would increase the size of the Design Review Board from 4 members to 5 (to eliminate tie votes). The proposal was originated by PEC member Galen Assland, who said the requirement of four meetings a month (PEC members rotate representation on the DRB quarterly) has become too time consuming, especially for those who are self-employed. The PEC had voted 4-2 to forward the recommendation to Council. During discussion, Councilmembers acknowledged the benefits of having a PEC member on the DRB, but also said they recognized the reality of the time commitment. Sybill Navas wondered if it would be possible to appoint a member who would have time to serve on both boards. That way, the time commitment would be acknowledged up front during the application process. However, other Councilmembers said the time commitment from such a volunteer would be unrealistic. PEC Chairman Greg Moffet had suggested a compromise recommendation that would utilize a PEC member to the DRB on occasions when agenda items overlap between the two boards. While that seemed suitable to Councilman Michael Arnett, the majority of the Council agreed to consider a formal change to the DRB structure as proposed by the PEC. For more information, contact Dominic Mauriello in the Community Development Department at 479-2148. --PEC/DRB Review During a review of Monday's Planning and Environmental Commission meeting, Councilmembers inquired about a work session on proposed amendments to the Public Accommodation Zone District. No votes were taken by the PEC Monday, although various opinions were offered on the proposed increases to the town's current development standards (setbacks, GRFA ratios, site coverage, etc.). Also, it was noted that PEC members were opposed to making any height adjustments within the zone district. Councilmembers asked that a joint work session be scheduled between the two boards to continue the discussions. Also, Councilman Michael Arnett asked for more detailed information regarding the median calculation (more) RECYCLED PAPER Add 1/TOV Council Highlights/2-23-99 of approved development standards within Special Development Districts over the last 10 years. The joint work session will be scheduled to coincide with a regularly scheduled PEC meeting. --Eagle County Recreation Authority Housing Program The Council reviewed a proposal for the housing component within the Eagle County Recreation Authority's (Berry Creek 5th) overall land use plan. The proposal calls for 200 housing units on 16 acres; 100 units would be rental, while the remaining 100 units would be sold to owner occupants. All units would be deed restricted. Also, the proposal calls for allocating 75 percent of the housing units to the member entities of the authority based on the percentage of property ownership. In this case, Vail, as a 60 percent owner, would control 45 rental units and 45 for- sale units. The remaining 25 percent of the units would be made available to the public at large. During discussion, housing consultant Andy Knudtsen said a sub-committee of the authority had developed proposed criteria that would include a focus on full-time permanent residents to complement adjacent schools and neighborhoods. In response, Councilman Michael Arnett said attempts to exclude seasonal workers from the housing opportunities would be counter- productive to Vail's needs. Arnett, along with Councilmember Sybill Navas, said they'd prefer exploring the option of master leasing the rental units to Vail businesses or selling some of the units to Vail businesses. Councilman Ludwig Kurz, a member of the authority's sub-committee, reminded the Council that because other partners are involved in the discussions, concessions may be in order to keep the project moving forward with a gain of 200 housing units. Mayor Rob Ford said he'd take the Council's issues and concerns back to the authority for additional discussion. Meanwhile, the Council is scheduled to review an intergovernmental agreement between the recreation authority and the Eagle County School District at its March 2 evening meeting. The agreement transfers certain properties between the two entities which have been called out through a joint planning process. Councilman Michael Jewett has indicated he'll oppose the IGA unless it includes a provision for a conservation easement for portions of the property that have been designated as open space. Town Attorney Tom Moorhead has indicated a conservation easement could be considered by the authority. --Information Update The Council heard from Larry Pardee, Town of Vail street superintendent, regarding the current use of magnesium chloride as a de-icer. Pardee says town crews have cut back to just 3 miles of chemical application along Vail's 32 miles of roadway, down from 4 miles. Although concerned about its environmental impacts, Pardee says the chemical is still believed to be the best and safest product on the market. The effectiveness of mag chloride as a de-icer is well- documented, he said. For example, figures from the Colorado Department of Transportation (CDOT) have shown significant reductions in the number of accidents in the Glenwood Canyon when magnesium chloride is used, he said. During the pre-mag chloride years of 1994-96, CDOT used as much as 400 tons of sand per year during the 80-inch snow seasons, which resulted in 20-some accidents per season. But during 1997-98, when mag chloride was introduced, CDOT's use of sand was cut back to 41 tons and the number of accidents last season dropped to just 5, according to Pardee. In response to an earlier comment by Councilman Michael Jewett in which Jewett shared constituent complaints about icy conditions on the frontage roads, Pardee said town crews often voluntarily assist CDOT in clearing the frontage roads; however, the frontage roads are not within Vail's maintenance responsibility. Town Manager Bob McLaurin said discussions with CDOT have been underway for some time to develop an equitable reimbursement system whereby Vail street crews would maintain the frontage roads in exchange for payment by the state. McLaurin said he'd continue to pursue the concept, in addition to asking CDOT to increase its upkeep of the frontage roads. Councilmembers were told yesterday that magnesium chloride is not currently being used by CDOT to treat the frontage roads through Vail. The elected officials yesterday asked that a news release be issued by the town clarifying Vail's use of magnesium chloride, as well as (more) Add 2/TOV Council Highlights/2-23-99 reminding drivers to slow down when conditions are extreme. McLaurin has indicated he's prepared to suspend the use of magnesium chloride in Vail if studies show environmental risks outweighing the use of salt and sand. Councilmembers yesterday agreed to hold Vail's 1999 Fourth of July Parade on Sunday, July 4, as originally planned. The decision followed advisement by Assistant Town Manager Pam Brandmeyer that state law would prohibit participation by Colorado high school bands because the event falls on a Sunday. Councilmembers encouraged parade organizers to recruit other bands which wouldn't be impacted by the provision. As in year's past, the Vail fireworks display will be held the evening of July 4. As an update to an executive session last week in which Councilmembers asked Town Attorney Tom Moorhead to pursue purchase of the town's first "buy-down" affordable housing unit, Moorhead announced the unit is now under contract with closing scheduled for March 1. Details of the purchase will be released on March 1. The town has budgeted $100,000 this year to purchase up to 5 free market housing units. The town would then place a deed restriction on each of the units before reselling them to qualified applicants at a reduced price. The concept is one of several approaches adopted by the Town Council through the Common Ground citizen involvement process. --Council Reports Michael Arnett distributed a lodging tax income analysis and an overview of local marketing district features and benefits as analyzed by a subcommitte of the Vail Valley Marketing Board (VVMB). Arnett, who serves on the subcommittee, asked Councilmembers to review the information and share their comments with him. As the VVMB contemplates creation of a regional marketing district via a proposed lodging tax from East Vail to Wolcott, Arnett said Avon's participation in the district would be critical to its success. Because Avon already has a lodging tax, the issue is complex. Arnett said a second option might be to limit the lodging tax concept to a 2 percent tax within the Town of Vail boundaries, which would generate an estimated $2.3 million. Sybill Navas reported on her attendance at a Chamber of Commerce meeting in which the proposed regional marketing district was discussed. Navas said the group has suggested funding information services from the proposed lodging tax, as well as marketing. On another subject, Navas said the community facilities steering team had regrouped following last Tuesday's Council meeting and has added clarification to the design team instructions regarding the community hub site that houses Dobson Ice Arena and the Vail Library. The instructions will add a dose of political reality, she said, in that a tear down-rebuild scenario of the two facilities would be extremely unlikely. Navas continued her report by describing a Chamber-sponsored breakfast meeting held earlier in the day that featured a panel of business representatives who described their employee housing programs and initiatives. --Other On a related note, Ludwig Kurz advised that Vail Associates had recently announced a partnership with Vail Valley Medical Center to build an employee housing addition at the Tarnes property at the base of Beaver Creek. Sybill Navas, in reference to a staff follow-up response to a comment made last week about 1-70 noise, said she wasn't implying that Vail police officers should increase enforcement action on I- 70, but rather the Colorado State Patrol might see fit to do so. Navas had mentioned last week that stepped-up traffic enforcement during the World Alpine Ski Championships had contributed to noise reductions along 1-70. (more) Add 3/TOV Council Highlights/2-23-99 Also, in response to a discussion last week about Council office space and accessibility, the Council voted 5-1 (Jewett against) to direct staff to designate office space for the exclusive use of Councilmembers to be accessed during regular business hours (8-5, M-F). In voting against the measure, Councilman Michael Jewett noted that his availability as a Councilmember isn't compatible with the town's regular business hours, due to his work schedule. Jewett had advocated office space that would have been accessible 24 hours a day, 7 days a week. Kevin Foley had left the meeting prior to the vote. Bob Armour informed his colleagues that proposed state legislation that would have removed sales tax on prepared foods (HB1266) had been postponed indefinitely. Armour also noted the pending discussion on the Eagle County Recreation Authority intergovernmental agreement had not yet been reflected on the Council's upcoming discussion calendar. UPCOMING DISCUSSION TOPICS March 2 Work Session Noon Luncheon with Elected Officials from Mammoth Lakes, Calif. Discussion of A-Frame Development Program Discussion of Ordinance No. 3, re: Lionshead Code Amendment Discussion of Ordinance No. 4, re: Lionshead Rezoning March 2 Evening Meeting Ordinance No. 2, Supplemental Appropriations Ordinance No. 3, Lionshead Code Amendment Ordinance No. 4, Lionshead Rezoning Eagle County Recreation Authority Intergovernmental Agreement March 9 Work Session PEC/DRB Review Vail Plaza Hotel Discussion Interview for 3 PEC Members Interview for 1 VVMB Member March 16 Work Session Interview for 2 DRB Members Interview for 3 AIPP Members Senior Citizen Survey Mailing Discussion of Marriott SDD March 16 Evening Meeting Appointment of 1 VVMB Member Appointment of 3 PEC Members Appointment of 2 DRB Members Appointment of 3 AIPP Members First Reading, Marriott SDD Second Reading, Ordinance 2, Supplemental Appropriation Second Reading, Ordinance 3, Lionshead Code Amendment Second Reading, Ordinance 4, Lionshead Rezoning L X•. TOWN OF VAIL 75 South Frontage Road Vail. Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE February 19, 1999 Contact: Andy Knudtsen, 303-831-7076 Project Manager David Carter. 328-8876 Eagle County Housing Coordinator AFFORDABLE HOUSING ISSUES PROBED IN COUNTYWIDE SURVEY; DOOR-TO-DOOR DISTRIBUTION SET FOR FEB. 26-28 (Vail)--A comprehensive housing survey will be randomly distributed to about 4,000 households throughout Eagle County next week as local governments look to gain a better understanding of the region's affordable housing needs and possible solutions. The surveys will be hung on every third door of local households throughout Gypsum, Eagle, Avon, Eagle-Vail, Minturn, Red Cliff and Vail, as well as Edwards, Beaver Creek and other unincorporated areas of Eagle County. Local jurisdictions from throughout the county are participating in the study, with the Town of Vail serving as the lead agency. Distribution will occur Feb. 26-28. Responses are due March 10. In addition to the household survey, housing researchers will be gathering feedback from employers as well as those who commute here from outside Eagle County. Results from all three surveys will be used to update a countywide housing needs assessment from 1990, according to Andy Knudtsen, project manager for the Town of Vail. The 1990 study played a key role in creating public-private partnerships that were used to develop the Eagle Bend apartments in Avon and the Lake Creek apartments in Edwards, Knudtsen said. "While the 1990 study has been valuable, we're finding the need to update this research as the demographics within the valley have changed significantly," he said. "Also, we want to understand the overall impact when housing costs increase faster than wages, which has been (more) RECYCLEDPAPER i Add 2/Housing Survey as possible so that local decision makers will have an accurate understanding of the need and a clearer vision for solutions," he said. "Therefore, if you receive a survey, or you're asked to fill one out, we encourage you to participate to ensure the accuracy of our random sample." Results from all three surveys will be available in late April. Because the study will provide the ability to isolate results by jurisdiction, local governments throughout Eagle County have been eager to endorse the effort and the associated benefits, according to Carter. Those tangibles include : • quantify the demand for different types of affordable housing • gain a better understanding of the relative importance and severity of the housing needs in each jurisdiction and throughout the county • gage the level of public support for potential policies • facilitate the private sector's development of affordable community housing by providing market data that can be used to appropriately design and finance residential projects • plan for future housing impacts connected with anticipated commercial growth • facilitate the development of affordable housing by providing market data that can be used to appropriately design projects (affordable rent/mortgage levels, bedroom mix, unit type, amenities, location) • provide information on demand needed to obtain project financing • lay groundwork for joint participation with regional adoption of standards and policies recommended by the study • provide a reliable, unbiased source of information for elected officials and staff to use when evaluating private sector proposals • provide local demographic and commuter data to support various other planning-related projects including transportation/transit, day care, recycling, schools, parks/recreation, etc. The $22,000 study is being funded by the Town of Vail, Eagle County, Town of Eagle and Vail Associates. Those entities have contracted with Melanie Rees, a Boulder-based housing consultant, who has conducted similar assessments in Gunnison-Crested Butte, Telluride, Aspen and in Ketchum-Sun Valley, Idaho. For more information, contact Knudtsen at 303-831-7076, or David Carter with Eagle County at 328-8876. FEB-16-99 03:12PMI FROM-RRC ASSOCIATES 3034496587 T-540 P.03/05 F-467 63J Please rate me importance of the following items with regards to choosing How much more would you be willing to pay per month in i~ a place to live. Use a scale from 7 to 5 where 7 means 'Not important- rent or mortgage for the tollowmg options? (Indicate zero if sl and 5 means 'Very Important.' you would not pay extra for the item.) I 1 NO7 Very i9 ft e=! Inwolrmm I Amenitwes $ additional bathroom LLI Energy effiaencylgas heat O O Q O O a W Orygr Q 0 0 0 0 I SL In-unit Wh ss On-site laundry facilities O O O O O $ garage 54 Garagatpover% packing 0 0 0 0 Q 53~1 Sunlight 0 Q O 0 (D 152 FAra storage 0 0 0 Q Q $ additional bedroom 5 Office space for business use 0 0 0 0 0 so Wo"hop 6p.4m 0 0 (D O O Ljy Multiple bathrooms O O O O ® storage locker (54-feet), as Two or more phone lines 0 O O Q 47 Soundpproofing 0 0 0 O O f Wa t oftad/Ptafw Featums $ additional t00 square feet in unit .45 Deck/patio 0 0 0 0 0 1 Private yard D 0 0 0 O. i Shared common areas D 0 0 0 .42 On•sno or naarl,y day cafe O CQ 0 O O gl woodlwrning allowed 0 0 0 0 0 40J WoocUrning prohibied O O O O O rr3J Kids' recreation facilities 0 0 0 0 0 39 AAM recreation tacilitie$ O U . (D, 0 0 37 Garden space O 0 0 0 i-36 1 Pets allowed O D 0 0 0 LS Curbside recycling 0 0 0 0 0 I Locatlomt.tanslaeiatlons 35 Near to sici stapes O O O (D O 32 ; Near to work 0 0 0 0 0 13 Close 0 open space 0 0 0 0 0 30 Near schools 0 0 0 0 0 29 Quality of sM001$ (D U O O Q 2E Near grocery store/shopping 0 0 0 0 0 L~L Near quiet area otfenng solitude O D O O O ?J Near heart of town O O O O O 25 Near trails O O CO 0 O Za_:. Near to public transportation O O O O O 23 MOWS o o 0 0 0 122 Climate O CO O O O Sam. of Gammur* D O Q U O 20 : Neighbors similar to you in terms of income, J' lifestyle, etc. 0 0 0 0 0 i s I Area wWQ faw vapuon homes are located O O p Q Q 17 Area away from young seasonal workers O O O O O 161 Area away Imm avamight(NtBekly rerntao 0 0. 0 O O s Near recycling center O O CO O (J L14 !3j dp 12 Where should housing for the tollowrng population groups be built? le Clio F, -I A4 (MARK ALL THAT APPLY) 4j"' 00 Pe? 1~1~ - io seasonal sia area employees E9 1 Families with children 0 0 0 0 0 0 0 0 O F.sseritfat@mplayr3es (medical, emergency, uurty, trart~..~:auctn ana schools) O O O C) O O O O. Q z. Immigrant workers 0 0 0 0 0 0 0 0 0 6 Conn gian workers O. 0 0 0 0 0 0 0 O 5 Entry-level ana mid-management singles ano couples 0 0 0 0 0 0 0 0 O L41 Seniors 0 0 0 0 0 0 0 0 O Low wage retail/service workers 0 0 0 0 0 0 0 0 O - ,7 FEE-18-99 03:13PM FROM-RRC ASSOCIATES 3034496587 T-540 P.05/05 F-467 153 . PLA:Ase DO HOT wRiTE in IHIS AREA .62 W00000 000000000000MENEEN SERIAL# 61 _ 59 ALL RESPONDENTS: AREA HOUSING ISSUES =58 CURRENT RENTERS ONLY (continued) 57 if you have wanted to purrnase a residence bur haven't done so, what Ma should be responsible for building or providing funds for 56_ reasons have prevented you from buying? (INARKALL THATAPPLY) affordable commundy nousing? (PURKAtl THAT APPL1) ^35 O Total cost O All employers O Lack of down payment O urge employers only (over 50 employees) 53 C Lack of housing type choice (e g, no single-family homes) O Local governments s2 : O Can't qualify for a loan O Nonprofit housing organizations 7;F O (lousing not available where I want to live O Local housing authorities i 30 O Cheaper to rent O Private developers r49 C Other: O Local citizens/general public 49O Visitors/munsts 47 Would you move to or live in a community other than your first O second name owners 46 preference if mss allowed you to buy a residence? 4~ O Yes O No O uncertain Would you support the following for development of employee housing? YES NO UNCER : 4' ' ALL POTENTIAL HOME BUYERS Development eAcise tax on resaenuai aria O O C 42 I commercial construction 41 ' Sales tax increase O O C 44_ What would be your first preference for type of residence given what Employee neat tax O O C 39 _ you can afford and are willing to pay? Property tax increase O O C O Condominium priced at $125,000 Density bonuses O O C 37 O Two-story townhome paced at $175,000 Development tee waivers O O C 30~ O Duplex priced at $225,000 Inciusionary zoning (a percentage of all new 35 C Single-family house priced at $250,000 names are for employees) O O C 3a O Mobile home priced at $75,000 with lot rent of $200/month Commerciai linkage (employees provide housing O Manufactured home including lot priced at $175,000 for a percentage of new loth created) O O C ~ 32 [3 t_ How much do you nave available for a down payment? (Include the ABOUT You r30 _ portion of home equity you could spend on a down payment if you What is your PRIMARY source of encomel _29, would sell a name you now own) O Bar/restaurant O Real estate sales -ii, $ O Construction/trades O Property management (long- a -'7 O School district short-term rentals) How important to you are the following reasons for purchasing a home? O Government O Recreation/attractions ^ O Lodging/hotel/80 O Parentlenhentance 2' Not 24 O Professional services O Retail/grocery/liquor 23_ Interest deduction on income taxes 0 0 0 0 0 O Utilities O Retirement _.2.2_1 Return on mvestmendnome O Manufacturing O Service , a t appreciatiorl 0 0 CD 0 0 O Warehouse/storage Control over nome-no landlord O O O O U Average Hour i t9 Stability Q, O O Jobs held by Season Number of Jobs U Q Per Week t Fixed cost-no annual rent increase 0 0 0. 0 O Summer G) 0 0 0 7; tong-term commitment to Ski season O n O O 4: the community 0 0 0 0 O Spiing/Fall shoulder seasons (D 0 0 0 ;s Resale price caps through deed restrictions limit the future Do you have the same primaryjob year-round, or different _ 13 appreciation of a home and me return on me investment. To what primary jobs in winter and in summer? O Same O Differ 5 extent m?gnt a resale price limitation impact your purchase decision? 11 O Not at aii-limitations on resale prices would not be a factor What is the location of your PRIMARY WINTER employment? I!o _ O Very little-waations would not be a key consideration O Vail O Eagle-Vail v 1 O Moderately-resale pace limits would be an important consideration O Edwards/Homestead/Singletree O Gypsum d U Very much-resale limitations would probably not be acceptable O Avon/Beaver CreeWArrowhead O MintumlRed Cliff 7 O Eagle O Other _ 6 How much below market would a home with a 3 percent cap on annual 5 appreciation need to be priced for you to buy it? What is your Individual annual gross income before taxes? 4 O 0%. at market $ 3 O % below market ? r) M Wn„in nnr nijv a deed-restricted name What is your aga~ Gentler 0 M 0 F 12. Which is the biaoer problem for your business? Incentives for housing ..............1 ................2 ................x 1) [ ] Employees unable to find affordable rental units Deed restrictions .......................................2 x OR 2) Employees unable to purchase homes 19. Where do your employees live? (ENTER PERCENTAGES) [ ] Vail 13. What problems other than housing negatively impact your % EdwardsiHomestead.'Smgietree ability to hire and retain employees? (CHECK ALL THAT 5 Avon APPLY)l Beaver Creek/Arrowhead 1) [ ] Low wages Eagle-Vail 2) [ j Job quality 5, Gypsum 3) [ ] General high cost of living % Minturn;Red Cliff 4) [ ] Competition from outside Eagle County 5) Employee work ethic % Eagle 6) Language barriers Rural areas 7) [ ] Insufficient job training/skills °o Summit County 8) Other: % Lake County/Leadville . % Garfield County 14. Do you provide housing or rent/mortgage subsidies for any of your employees? °~o Other 1 I [ ] Yes 2) [ ] No (GO TO 0. 16) 20. How does the number of employees you have today compare 15. (IF YES) How many units? to the number of employees you had 5 years ago? How many employees? 1) [ ) More employees today than 5 years ago 2) Fewer employees today than 5 years ago 16. In the future. would you be willing to assist your employees 3) No change (GO TO 0.22) with housing through one or more of the following 4) N/A - not in business 5 years methods? YES NO UNCERTAIN 21. If you have more employees today, please choose the ONE Master leasing rental units....... 1 ................2 ................x main reason why you have more employees: Security deposits 1 ................2 ................x 1) [ ] Increased the size of space in which you do business Rent subsidies .........................1 ................2 ................x 2) [ ] Increased the number of locations for your business Down payment loans;arants..... 1 ................2................x 3) More employees in the same space - expanded hours Mortgage guarantees v .............1................2 ................x 4) [ ] More employees in the same space - more demanding Mortgage subsidies i ................2................x clientele Building housing on site 1 ................2................x 5) Other: Building housing off site 1 ................2................x Purchase existing housing .......1 ................2 ................x 22. During the next year, will the number of persons you employ: 1) [ ] Stay the same 17. Would you support the following for development of 2) [ ] Decrease employee housing? 3) [ ] Increase YES NO UNCERTAIN Development excise tax on 23. (IF INCREASE) How many more persons do you plan to residential and commercial hire? construction .............................1 2 x Sales tax increase ...................1................2 ................x 24. Have you moved your primary business location from one Employee head tax 1................2 ................x community to another within the past three years?. Property tax increase 1................2 ................x 11 [ ] No Density bonuses ......................1................2................x 2) Yes (from to 1 Development fee waivers 1 ................2................x Inclusionary zoning (a 25. Did the move improve your ability to find employees? percentage of all new homes 1) [ ] Yes 2) No are for employees) 1................2 ................x Commercial linkage (employers provide housing for a percentage That's all! Thank you very much for taking the time to complete this of new jobs created) ................1................2 ................x survey. Please return the survey by faxing to: (303) 18. Do you support a regional, county-wide approach for the 449-6587 OR (970) 479-2452. following? If you have questions about this survey, please call Melanie Rees at Yes NO UNCERTAIN (303) 682-3049. Administration of the housing authority .....................1 ................2................x Development requirements 1 .............:..2................x Fees/taxes for housing .............1 ................2 x t DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Consolidated Case No. 98 CV 398 TOWN OF VAIL DEFENDANTS MEMORANDUM IN OPPOSITION TO DONOVAN PARK PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGEMENT Case No. 98 CV 398 DONOVAN PARK NEIGHBORHOOD ASSOCIATION, et al., Plaintiffs, V. TOWN OF VAIL, et al. Defendants, Case No. 98 CV 399 PETER DUNNING, et al., Plaintiffs, V. TOWN OF VAIL, et al., Defendant Case No. 98 CV 401 SAVE OPEN SPACES, et al., Plaintiffs, V. TOWN OF VAIL, et al., Defendants. STATEMENT OF THE CASE The Donovan Park Plaintiffs filed a four claim First Amended Complaint as a result of the Vail Town Council passing Resolution No. 10, Series of 1998. The first claim the Plaintiffs brought pursuant to Rule 57 and requests that the Court declare Plaintiffs' rights in regard to six issues identified a through g as follows: a. That the resolutions were adopted without compliance with Article IX, Vail Town Charter, and are therefore invalid and void. b. That the resolutions to the extent that they have the effect of changing zone district boundaries and otherwise amending Title 3, Vail Municipal Code, were adopted without compliance with Sections 12-3-7 and 12-3-6, { Vail Municipal Code, are a regulatory taking of the property of the Plaintiffs without compensation, deny Plaintiffs due process and equal protection of the law and are invalid and void based upon lack of jurisdiction of the Council. C. That the resolutions, to the extent that they authorize a conditional use without compliance with Section 12-3-6(C), Vail Municipal Code, are a regulatory taking of the property of the Plaintiffs without compensation, deny Plaintiffs due process and the equal protection of the law and are invalid and void based upon the lack of jurisdiction of the Council. d. That the resolutions violate the provisions of the Comprehensive Open Lands Plan and the Donovan Park Master Plan and therefore constitute an abuse of the discretion of the Council, causing them to be invalid and void. e. That the Resolutions to the extent that thev authorize the use of oronertv_ acouired by anmonriations from the Real Estate Transfer Tax Fund for numoses other than narks. recreation. oven space and similar numoses. violate Section 2-6-9. Vail Municipal Code. (emphasis added.) g. That. by reason of a failure to live notice of the Council's consideration of Ordinance No. 9. Series of 1992. a compliance with the state statute and the Town of Vail's ordinances. the Council lacked iurisdiction to adopt said ordinance. causing the same to be void and without affect.. (emphasis added.) The Donovan Park Plaintiffs are requesting summary judgment as to paragraphs "e" and "g". The Donovan Park Plaintiffs have no standing to bring this cause of action as there has been no injury in fact. They are requesting that the Court render an advisory opinion as to the Real Estate Transfer Tax Fund as Resolution No. 10, Series of 1998 simply states the literal intention of Council in regard to the broad land use issues facing the Town and does not "authorize" the use of Donovan Park property for any purpose. Any claim that Ordinance No. 9, Series of 1992 was beyond the jurisdiction of the Vail Town Council is required to be brought within thirty (30) days of that Council action and, contrary to the position of the Donovan Park Plaintiffs, that Ordinance was passed in compliance with the Town of Vail's zoning ordinances regarding notice. STATEMENT OF FACTS On September 15, 1998, the Vail Town Council adopted Resolution No. 10, Series of 1998, (Exhibit A) adopting a Plan For Housing, Parks, Open Space, Sites for Community Facilities and Rescinding Resolution No. 9, Series of 1998. As stated in the preamble of Resolution No. 10, it was adopted in part to rescind Resolution No. 9, Series of 1998 to acquire broad base community support to effectively move toward the community goal of developing additional units to address the housing problem. The Council in paragraphs no. 10 and 11, specifically stated that this is a resolution of general intent and it recognized additional legal actions are required to move forward with the goals identified in the Resolution. The Resolution has not changed any zoning designation, allocated any specific funds or otherwise affected any legal status or superseded any required action necessary or required by the laws of the United States, the State of Colorado or the Town of Vail. Ordinance No. 9, Series of 1992 was passed by the Vail Town Council upon second reading on September 1, 1992. This ordinance was passed with the recommendation of the Planning and Environmental Commission who had considered it on two occasions,'March 25,. 1991 and August 12, 1991. These meetings of the Planning and Environmental Commission, contrary to the representation of the Donovan Park Plaintiffs, were properly noticed and meet the Town of Vail requirements for such notice. ARGUMENT 1. The Donovan Park Plaintiffs have not established standing to bring this cause of action as there is no allegation of injury in fact. Pursuant to Article III, Section 2 of the United States Constitution, the judicial powers of the courts extend only to "cases or controversies." In defining this requirement former Chief Justice Hughes stated: "the controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests." Aetna Life Insurance Co. v. Haworth. 300 U.S. 227, 240-241, 57 S.Ct. 461, 463-464, 81 L.Ed. 617 (1937). Any plaintiff must meet the constitutional "case or controversy" requirement that the plaintiff has been subjected to action which has caused him injury in fact economic or otherwise. Association of Data Processing Service Organizations. Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) and Barlow v. Collins. 397 U.S. 159, 90 S.Ct. 832, 25 L.Ed.2d 192 (1970). In their Complaint, the Donovan Park Plaintiffs state that they are owners of real property within the Donovan Park neighborhood and are adjacent property owners to Donovan . Park (First Amended Complaint, paragraphs 1 and 4). The action complained of is Resolution No. 10, Series of 1998. That document on its face does not change any legal status that causes injury to adjacent property owners. The Resolution is a statement of general policy adopted by the Vail Town Council as a result of the public processes known as Vail Tomorrow and Common Ground. Where suit has been brought by neighbors "the proper inquiry on standing is whether the plaintiff has suffered injury in fact to a legally protected interest as contemplated by statutory or constitutional provision." Wimberlv v. Ettenbere, 194 Colo. 163, 168, 570 P.2d 535, 539 (1977). II. Ordinance No. 9, Series of 1992 was adopted in compliance with the notice requirements of the Vail Town Code and the time to question Town Council's jurisdiction in regard to the passing of the ordinance has expired. The Donovan Park Plaintiffs complain that Ordinance No. 9, Series 1992 was not properly noticed and request that the Court declare it to be invalid pursuant to Rule 57, C.R.C.P. While declaratory judgment is an appropriate means of reviewing notice in due process claims with respect to validity of rezoning actions such relief must be brought within the thirty (30) day time period established in Rule 106, C.R.C.P. Russell v. Citv of Central. 892 P.2d 432 (Colo. . 1995), Danielson v. Zoning Board of Adiustment. 807 P.2d 541 (Colo. 1990), Norbv v Citv_ of Boulder, 577 P.2d 277 (Colo. 1978).. Contrary to the position stated by the Donovan Park Plaintiffs, Ordinance No. 9, Series of 1992 was duly noticed and considered by the Town's Planning and Environmental Commission on March 25th and April 12th, 1991. Both meetings were properly noticed as required by the Vail Municipal Code. This is established through the affidavit and expert opinion of Dominic F. Mauriello who is the Chief of Planning for the Town of Vail Department of Community Development (Exhibit B). III. While the Real Estate Transfer Tax Fund is subject to appropriation for specific purposes, there is not created thereby any limitation on the use of Town of Vail owned lands. In Resolution No. 10, Series of 1998, the Vail Town Council identifies Donovan Park as one of the sites to be considered for housing. The Vail Town Council specifically states that this resolution does not change any zoning designation or otherwise appropriate funds or lands without meeting all legal requirements. Section 2-6-9 of the Town of Vial Municipal Code (Exhibit C) identifies the purposes for which Real Estate Transfer Tax Funds can presently be utilized. This chapter of the Vail Town Code does not require or call for any special land designations or otherwise limit the use of lands owned by the Town of Vail. Section 12-3-9 - Zoning Changes; Town Property, states as follows: A. Appropriate Zoning: all real property owned by the Town and acquired by sale, purchase, gift, dedication or any other means shall be zoned or rezoned to a zoning category appropriate to the use or proposed use thereof. B. Rezone Requirements: the zoning classification of any real property owned by the Town shall not be changed without full compliance with the terms and requirements of this Title. C. Town Bound By Title: property owned by the Town shall not be used contrary to the terms of this Title, in particular, the restrictions of the zoning district in which the property is located. This Code Section pertains to all Town of Vail property including property purchased through the Real Estate Transfer Tax Fund. (Exhibit D, Affidavit of Russell Forrest). Until November 21, 1995, there was no code provision which in any way limited or restricted the use, alienation, sale or leasing of Town of Vail property. The unlimited ability' of the Town of Vail to use all of its property in an unrestricted manner led to the adoption of an amendment to the Vail Town Charter which is set forth in Section 13.11 - Designated Open Space (Exhibit E). That amendment creates a designation of open space for Town of Vail owned properties which clearly limits change in zoning designation, alienation, sale or lease without meeting the terms and provisions of that section. Since that amendment to the Vail Town Charter there has been one ordinance adopted specifically designating 14 parcels of Town of Vail owned land as designated open space. (Exhibit D-4, Affidavit of Russell Forrest). Included within this original designation was property purchased with funds from the Real Estate Transfer Tax. The Donovan Park property identified in the Plaintiffs' Complaint is not included as designated open space. Therefore, it clearly is subject to the Town's zoning regulations and all uses allowed thereby. In as much as Resolution No. 10, Series of 1998 has not changed the legal status of any property or claimants in regard thereto this is not a justiciable controversy. The Donovan Park Plaintiffs are seeking an advisory opinion by the Court. The Plaintiffs have no right to have it construed, and courts will not render advisory opinions in declaratory judgment actions. Associated Master Barkers. Local No. 115. et al. v. Journeyman Barkers. Local No. 205. et al. 132 Colo. 52, 285 P.2d 599 (1955). CONCLUSION There is no merit to the First Amended Complaint or Motion for Partial Summary Judgment brought by the Donovan Park Plaintiffs. The Town of Vail is entitled to judgment as a matter of law: 1. The Plaintiffs do not have standing to bring any complaint based upon the passage of Resolution No. 10, Series of 1998 and the First Amended Complaint is dismissed. 2. Ordinance No. 9, Series of 1992 was a proper enactment complying with the notice requirements and such ordinance is valid. 3. The Real Estate Transfer Tax does not create any restrictions upon any Town of Vail owned land in general and creates no restrictions in particular upon the lower bench, middle bench and upper bench of Donovan Park. t The Town of Vail Defendants further request that the Court, pursuant to Rule 54(b), C.R.C.P., determine there is no just reason for delay and direct entry of its order as final judgment. ~ -F L Dated this day of February, 1999. Respectfully submitted, R. Thomas Moorhead, #022445 Town of Vail, Colorado Town Attorney 75 S. Frontage Road Vail, Colorado 81657 Phone (970) 479-2107 CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing postage prepaid by U.S. Mail on day of Febraury, 1999 to the following: John W. Dunn, Esquire Dunn, Abplanalp & Mauriello, P.C. 108 S. Frontage Road, Suite 300 Vail, CO 81657 Richard J. Scheurer, Esquire Robinson & Scheurer, P.C. 143 Union Boulevard. Suite 625 Lakewood, CO 80228 Wendell B. Porterfield, Esquire Otto, Porterfield & Post, LLC Post Office Box 3149 Vail, CO 81658 (r 11 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 VAIL POLICE DEPARTMENT NEWS RELEASE February 24, 1999 Contact: Sgt. Rusty Jacobs, 479-2249 pager, 748-7293 RE: Phone Solicitation Scam Date and Time of Incident,: About 8 p.m. February 23 Location: Vail area Arrest Information: No arrests have been made at this time. Svnoosis of Events: At about 8 p.m. on Feb. 23, a person received a phone call from a man identifying himself as a Vail Police Officer. The caller stated he was soliciting funds to help "Vail Kids on Drugs." The caller then offered three sponsorship packages: gold, $50; silver, $35; or bronze, $25. It is unknown what the contents of each package were to contain. The Vail Police Department has received a second report of a similar phone solicitation. Please be advised that the Vail Police Department has no program of this type in effect and does not allow anyone to solicit funds in its name. Persons receiving a request of this nature by phone, mail or in person, should immediately contact the Vail Police Department at (970) 479-2200, or their local law enforcement agency. The Better Business Bureau also collects information on fraudulent solicitation activities. The BBB can be reached at 1-800-564-0371. When receiving a request for charitable funds, recipients should be prepared to ask some basic questions. Those questions include: What is the tax identification number of the organization? What is the call back phone number and address of the organization? Could you mail some literature explaining the background of the organization? Also, ask for detailed information the solicitor should know regarding the organization he or she claims to be raising funds for. For more information, contact Sgt. Rusty Jacobs, Vail Police Department, at 479-2249 or pager 748-7293. ® RECYCLEDPAPER ~LULJVtD FEB 2 4 1999 Colorado West Mental Health Center X C Cd"t -u an affiliate of Colorado West Regional Mental Health Center ~~11 V P.O. Box 1620 395 Eist Lionshead Circle Eagle, Colorado 81631 Vail, Colorado 81657 Telephone (970) 328-6969 Telephone (970) 476-0930 Fax (970) 328-6329 Fax (970) 476-0535 February 22, 1999 Pam Brandmeyer Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Ms. Brandmeyer: It is with regret that I am confirming that the Eagle Valley Detox was closed on February 15, 1999. The decision was purely financial and does not reflect a decrease in the overall commitment of Colorado West Mental Health Center to the community. In addition to the ongoing debt being carried forward from the 1998 calendar year, Detox utilization remained at low levels. We received 68 referrals, not admissions, during all of 1998. With an operating budget of $75,000, we were spending approximately $1,100 per person regardless of the amount of time the referral was in Detox or of the extent of services provided. Ultimately, Colorado West could no long justify its own contribution of resources toward such an endeavor while also experiencing financial hardship in other areas. While we have already billed and received all of the governmental financial commitments for services provided during 1998, we will not be invoicing any of the 1999 money, that includes the services provided in January and February of this year. I want to thank you for your hard work and commitment during the past year. I have valued your friendship and support, and look forward to our continuing to work together with other community challenges in the future. Sincerely, w Mark W. Smith Program Director MWS/af Bravo!VAIL VALLEY J . C 1SI C ` (7, P fFD FED ' 3 i999 FESTIVAL JOHN W GIOVANDO Fvectitire Director February 22, 1999 EUGENIA ZURERMAN Artr.,tic Director Mr. Robert McLaurin Town of Vail BOARD OF TRUSTEES 75 South Frontage Road Did: Sank Vail, Colorado 81657 (15ail-111,711 Roger Behler Vice chair Dear Bob, Jan Sehn Thank you for your generous gift in the amount of $28,500 to support the 1999 Teaourr Season of the Bravo! Vail Valley Music Festival. Taking place June 30 through August 3, Darin weber 1999, the Twelfth Season of world-class music will feature varied repertoire from the Srr•hr1•v orchestra, chamber music and jazz literature. Jude Alexander Paul Becker Plans are well under way for Season 12, with the return of the Rochester h lint, Chester Philharmonic Orchestra and the Colorado Symphony Orchestra. The 12` season features Germ Engle the Festival's newest resident orchestra, the Dallas Symphony Orchestra with Music Julie Esrey Director Andrew Litton. The Festival's popular and acclaimed chamber music series will Sallie Fawcett Rob Ford feature over 50 international solo artists performing in intimate venues in Vail, Beaver Joan Francis Creek, and Vail Valley homes. We'll be in touch as programming is finalized. John Galvin Again, thank you! Your gift is vital to the success of the Bravo! Vail Valley Laura Garbe Warren Garbe Music Festival... setting a higher standard of excellence in the performing arts. John GarnseY Donna Giordano Sincerely yours, Linda Hart Becky Hernreich Kann e {wren Loewewens tern II ll :D~&SoxL • W °a11 .toll Joh W. Giovando J anne Reid Dick Swank Patricia O'Neill Richard Rogel Executive Director irector of Development Chairman of the Board Rob Shav y Cath%, Stone k k k k k k k k k ~k k k * k k k k ~k * k k k k k k k ~k ~k ~k k k k k ~k k ~k k k ~k ~k k k ~k ~k ~k k k k k * k k ~k k k k k # k k k >k * k Dennis Wentz BetsY Wiegers The Town of Vail 75 South Frontage Road Vail, Colorado 81657 The Board of Trustees of the Bravo! Vail Valley Music Festival gratefully acknowledges your gift of 528.500 for the year 1999 to the Bravo! Vail Valley Music Festival annual fund. Your IRS non-deductible portion is S0. /i February 22. 1999 JI.~ILING ADDRESS: Signed Date Post Office Box 2270 Vail. Colorado 81658 BRAVO! VAIL VALLEY MUSIC FESTIVAL IS A 501C(3) TAX EXEbtPT ORGANIZATION. TAX ID rc84-1074065 -Please contact your tax advisor as to the deductibility of your gift. No goods or services %ere rendered in consideration of this gift. PHYSICAL ADDRESS: 201 Main Street Minturn. Colorado 81645 970.827.5700 Toll Free: 1.877.827.5700 Fax 970.827.5707 E-mail bravoCwail.net http://%%-%«%,.vail.net/bra%-o 15.03 FEB 22, 1999 TEL N0: 9704766000 #1717 PAGE 2/3 Illy :r.-fT-1:L c;zr, 7__w_.T:&N U REAU: LVVA XA. 100 E. Meadow Drive • Vail, CO 81657 FOR IMMEDIATE RELEASE Local Media Contact: Emily Jacob, Communications Manager (970) 476-1000 x.3015 VAIL VALLEY TOURISM AND CONVENTION BUREAU WELCOMES A NEW FACE: VAIL VALLEY, Colorado--February 23, 1999--The Vail Valley Tourism and Convention Bureau (VVTCB) recently hired John Garth as vice president of sales and marketing. Garth fills a vacancy left by Jim Feldhaus in 1997. Prior to joining the VVTCB, Garth served as director of marketing for Vail's Marriott Mountain Resort for four years. During that time, the hotel increased its occupancy by 20 percent, doubled its sales and won the Gold Key award from Meetings and Conventions Magazine. "The addition of John Garth to our staff reinforces the commitment of the VVTCB to providing marketing programs that will have maximum economic impact on the business community," said Frank Johnson, president of the VVTCB. "John's energy and extensive knowledge of the current state of the resort business conditions will insure that we continue to lead the community's marketing effort in the right direction. His background and knowledge should pay huge dividends for the community, both in the short tern and for years to come." Before moving to the Vail Valley, Garth served as director of marketing for Marriott in Denver, where he was involved in the creation of Marriott's call center, generating reservations for all Marriott Hotels, Courtyards, Fairfield Inns and Residence Inns in the city of Denver and served as chahman of the Revenue Enhancement Task Force. Garth was also director of sales for the -more- 7 15:03 FEB 22, 1999 TEL N0: 9704766000 #1717 PAGE: 3/3 Marriott St. Louis, senior sales manager of Marriott's Harbour Beach Resort in Ft. Lauderdale and sales manager of the Orlando World Center Hotel. Garth brings with him extensive tourism and leadership experience, specifically in group and meeting sales activities as well as in call center management and individual leisure travel marketing. For more information please contact the VVTCB at (970) 476-1000 x.3015. TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE March 1, 1999 Contact: Rob Ford, 479-1860 Vail Mayor Bob McLaurin, 479-2105 Vail Town Manger Historic Milestone... TOV PURCHASES FIRST AFFORDABLE HOUSING "BUY-DOWN" UNIT (Vail)--In what may be the only program of its kind in the country, the Town of Vail today (3-1) purchased its first free-market condominium unit, representing an expansion of the town's employee housing efforts. The unit will now be re-sold to a qualified buyer at a reduced price, along with a new deed-restriction that will maintain the property as affordable housing in the future. The "buy-down" program is one of several affordable housing actions identified by the town's Common Ground program. The new property owner will be selected through a public lottery to be scheduled in the coming weeks. The Town of Vail paid $156,500 for the property. The unit is an 816 sq. ft. newly-remodeled condo featuring two-bedrooms, one-bath, great views, as well as off-street parking and easy access to the Town of Vail bus system. The property is located at 4093 Spruce Way in East Vail. The sales transaction was completed earlier today (3-1) with unanimous support by members of the Vail Town Council. Once the deed-restriction is in place, the condo will be re-sold to a qualified buyer. The new sales price and the schedule for the public lottery will be determined later this week. After evaluating the numbers and comparing the property to other offerings, Vail Mayor Rob Ford said the purchase makes good sense. "It's a good investment. It's less than the cost of (more) RECYCLEDPAPER Add 1/Buy-Down new construction and *helps to integrate our deed-restricted housing throughout the community, which is what we heard during the Common Ground process," he said. In addition, the new buyer will be able to move in immediately rather than waiting for completion of construction. Although newly implemented, the buy-down concept has been considered for some time, Ford said. "I understand that Tom Steinberg brought it up regularly during his tenure on Council._ He deserves much of the credit for his tenacity." The Council has set aside $100,000 in the 1999 budget to purchase and re-sale 5 buy-down units. Vail Town Manager Bob McLaurin says officials in Aspen and Boulder will be monitoring Vail's program closely. Although both communities are considered to be leaders in the affordable housing effort, neither one has a buy-down program, he said. "We've modeled so many of our existing housing programs after Aspen, in particular, that it would be especially rewarding if we were able to break new ground for them, as well as other communities," McLaurin said. In addition to the buy-down unit, the town is currently a partner in construction of the 18-unit for-sale development at Red Sandstone, which will be completed in July. Other town-sponsored affordable housing initiatives include: a six-unit for-sale development on Arosa-Garmisch in West Vail; redevelopment of two units on the town-owned A-frame site on lower Arosa Dr.; and 200 housing units on the Berry Creek Fifth property in Edwards, of which Vail would control distribution of 45 for-sale units and 45 rental units. For information on the upcoming housing lottery or to request an application, contact Nina Timm in the Town of Vail Housing Division at 479-2144. SYLVAN M. TOBIN RECEIVED W Z 1999 Ge mJcf 101 CHESWOLO LANE, UNIT 50 HAVERFORO, PA 19041 1 February 26, 1999 Mayor Rob Ford Members of the Vail Town Council 75 South Frontage Road West Vail, CO 81657 Dear Mayor Ford. and all Members of the Vail Town Council, We are writing to express our great displeasure with the recent results of the Planning Commission's unanimously recommended approval of the Vail Village Inn Redevelopment Project. We have been coming to Vail with our family since 1977. Throughout these years, we have been impressed with how the planning and zoning have maintained the charm of the town of Vail. Eleven years ago, we purchased Unit 403 in Village Inn Plaza. We felt comfortable that we had a second home, in a village that was, and is, charming. We have now been advised that in January, the Planning Commission approved a structure that is much larger than the Lodge Tower. We do not understand how they could recommend this, when we have seen renderings of the massive structure that would dwarf the rest of our complex and probably a good part of Vail. We cannot understand how the applicant could even dream of bringing this project to the attention of the Planning Commission and, ultimately, the Town Council. You and we all know that there are properties surrounding Vail Village Inn who are waiting to see what the outcome of this matter will ultimately be. If approved, we can all be assured that it will have the snowballing effect. Mayor Rob Ford Members of the Vail Town Council February 26, 1999 Page 2 Last week, several of the members of Village Inn Plaza Condominium Association and members of the Board of that association, had an informal meeting to discuss the entire matter. Needless to say, all at that meeting were very upset. When we were informed of the requests for changing current zoning requirements for site coverage, dwelling units per acre, setbacks, height and GRFA, we came to realize that the developer of the "Vail Plaza Hotel" has no consideration for the rest of the town of Vail. We have been told that council members questioned things like the height of the buildings, the site coverage and traffic plan. We would like to be kept informed as to the progress of this whole project. We cannot be in Vail for the next meeting, but wish to register our firm objection to what has gone on in the Planning Commission meeting and hope that it will be corrected at the next council meeting. Very truly yours, Mpg / cc: Deane Hall, President, Condominium Assoc. Board Village Inn Plaza Condomium Association Board Members RECEivcU iIAX 1 1 lI THE RESOURCE CENTER OF EAGLE COUNTY Post Office Box 2558 Avon, Colorado 81620 Office 970/949-7097 The Buddies Program Fax 970/949-7087 Advocates Crisis 970/949-7086 Court Watch E-mail resource(vail.net Childcare Resource & Referral The Resource Center Advocates and the Eagle County Sheriff's Victim Services are holding a . joint training in April for volunteers. Advocates is a 24-hour crisis line which serves primarily domestic violence and sexual assault victims; we provide on-going services, referrals, shelter and support to victims, their families and friends. Victim Services is a program of the Sheriff's Office and therefore is law enforcement based. They respond to the scene of an incident and work with victims of multiple crimes in addition to those previously mentioned. Victim Services also provides on-going support, referrals and support. The training will consist of seven information sessions to include crisis intervention, communication/listening skills, community referrals, domestic violence, child abuse and sexual assault. Training will last for three weeks in April on Tuesday and Thursday evenings. Both of our programs are in great need of both English and Spanish speaking volunteers. We would greatly appreciate you posting the enclosed flyer in a location visible to your staff and/or customers. If you have any questions, or would like more flyers/information, please call Megan Wilson at 949-7097 or Grace Biggio at 328-8544. Thank you for your assistance. Thank you, Megan Wilson Advocates Coordinator '(Peace On (Earth Begins.A t 9fome... " HELP END FAMILY VIOLENCE! BECOME AN ADVOCA"YE! i A'woman is beaten every 9 seconds Domestic violence is the leading cause of injury to women; causing more injuries than car accidents, muggings, and rapes combined National studies show that domestic violence is not a blue-collar crime and that it crosses all socio-economic lines Every month, more than 50,000 women seek restraining or pro- tective orders. ATTEND OUR ADVOCATE TRAINING The Resource Center Advocates can help! Advocate training will provide you with the knowledge, resources, and support to aid victims of violent crime. We run a 24-hour crisis line and can provide invaluable aid to people in cri- sis. To learn more about Advocates, or to receive an application, please call. Our three-week training course will make a difference in your life, and help you make a difference in someone else's. Please help make a difference! CALL 9497097 FOR INFORMATION 949-7086 CRISIS LINE Town of Vail Sales Tax Worksheet 3/2/99 q Change % Change 1999 Budget from from Month 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Budget Collections Variance 1998 Budget Jams,Iry 1,126,496 1465,870 1,599,123 1,713,091 17(5'~,F54 I,55,364 1,805,707 1,894,597 1.4)35,782 2,052,569 2,115'1 11~ 2,188,943 2,021,963 (166,980) -4.42% -7.63% February 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,1211 2,228,041 March 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,0771 2,450,164 April 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334 1,145,861 May 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,7181 396,027 June 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,4001 655,430 July 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,8821 1,146,156 August 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,9261 1,224,834 September 422,502 469032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,6081 760,913 October 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,5311 532,652 November 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,5961 678,336 December 1,455 948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,8341 2,132,272 I Total 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 2,021,963 13,517,666 -86.29% -86.99% . „F Town of Vail Sales Tax Worksheet 3/2/99 % Change % Change 1998 Budget from from Month 1987 1983 1989 1990 1991 1992 1993 1994 1995 1996 1997 Budget Collections Variance 1997 Budget January 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 1,935,782 2,052,569 2,076,931 2,115,359 38,428 3.06% 1.85% February 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 1,993,389 2,089,673 2,121,757 2,153,121 31,364 3.04% 1.48% March 137878? 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,614,841 2,368,077 (246,764) -8.25% -9.44% April 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 881,575 1,107,334 225,759 26.64% 25.61% I May 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,7831 328,723 382,718 53,995 16.05% 16.43% I June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,3661 642,504 633,400 (9,104) 0.48% -1.42% I July 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,6371 1,060,879 1,107,882 47,003 6.16% 4.43% August 536,904 575,887 668119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,4301 1,090,762 1,183,926 93,164 10.29% 8.54% September 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,8311 642,504 735,608 93,104 15.33% 14.49% I October 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 478,142 515,531 37,389 9.03% 7,82% November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 717,214 656,596 (60,618) -7.15% -8.45% I December 1245;612 1,455,948, 1,615,278 1,625,2 19 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,7091 2,286,119 2,070,834 (215,285) -8.16% -9.42% Total 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 13,719,308 14,747,419114,941,951 15,030,386 88,435 1.92% 0.59%