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HomeMy WebLinkAbout1999-05-04 Support Documentation Town Council Evening Session r ji b VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MAY 4, 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 April 6 and 20, 1999. 3. Ordinance No. 12, Series of 1999, An Ordinance Amending A Special Dominic Mauriello Development District - SDD No. 30 (Vail Athletic Club) And Repealing A And Reenacting Ordinance No. 3, Series Of 1998, To Allow For A Change In The Number Of Dwelling Units/Accommodation Units, Modifications In Square Footage And GRFA; And Amending The Development Plan In Accordance With Title 12, Chapter 9, Of The Vail Municipal Code And Setting Forth Details In Regard Thereto. (1 hr.) ACTION REQUESTED OF COUNCIL: Approve/Modify/Deny Ordinance No. 12, Series of 1999, on first reading. BACKGROUND RATIONALE: The Vail Athletic Club (JWT 1987 Limited Partnership), represented by Stan Cope and John Perkins, has submitted a request for a Major Amendment to Special Development District (SDD) #30 (as amended by Ordinance No. 3, Series of 1998) to allow for a reduction in the number of accommodation units from 54 to 46 (or 48), an increase in the number of dwelling units from 3 to 4 (new dwelling unit to contain one lock-off unit), and an increase in GRFA as shown in the table attached to this memorandum. The changes are proposed due to financing constraints (the need to have additional revenue from the sale of a dwelling unit) and also the desire to construct larger accommodation units which the applicant states are more suitable for a first class boutique hotel. The applicant is asking for some flexibility in the exact number of accommodation units so that final design and costing can determine whether they provide 46 AUs or 48 AUs (48 is the maximum number they can have based on parking requirements). Additionally, the owner of a condominium on the fifth floor (Angelo) is proposing to add a dormer and 713 sq. ft. of GRFA to their unit. This condominium owner is entitled to add this space and dormer under the interior conversion ordinance (Section 12-15-4) which was passed last year regardless of this SDD amendment, however, they have agreed to bring this request forward with the VAC application so that it can be viewed with the other improvements. Below is a summary of the changes (it should be noted that final hotel room design has not been completed and therefore there could be minor shifts in floor area to accommodate maid storage and other necessary common area improvements): Common Area: There is a slight reduction in common area (52 sq. ft.) from the 1998 approval. o' AUs: The number of AUs is reduced to 46 units. The GRFA allocated to all AUs decreased approximately 10% or 2,337 sq. ft. Most of the existing accommodation units are approximately 300 sq. ft. Some new accommodation units are proposed at 500+ sq. ft. DUs: The number of DUs is being increased by one unit (3 DUs to 4). The new proposed unit is approximately 3,700 sq. ft. in area. The west condo now has a lock-off associated with it. EHUs: The number of EHUs remains the same at 4 units. The square footage allocated is being reduced by 39 sq. ft. The sizes range from 220 sq. ft. to 350 sq. ft. Parking: The proposal reduces the demand for parking by 2 parking spaces (from 22 to 20 spaces). The applicant still proposes 22 spaces on-site. The proposed changes to the building do not result in an amended footprint or modifications to the site plan. The previously approved site plan and conditions of approval are proposed to be carried forward. The building elevations are modified by the addition of several dormers on the south and north elevations of the building and the enclosure of areas that were previously balconies. The DRB will be required to review these changes to the building. Overall the changes are minor in terms of bulk and mass or impacts on adjacent properties. The proposed building continues to meet the definition of a lodge with 64% of the GRFA devoted to accommodation units and 36% devoted to dwelling units (includes lock-off). See the attached PEC for greater detail. The PEC recommended approval of the proposal at its April 26, 1999 meeting subject to the following conditions: 1. That the previous site plan, landscape, and off-site improvement approvals continue to apply. 2. That the Design Review Board review and approve the proposed changes to the building. 3. That the applicant deed restrict the 4, Type III, Employee Housing Units in accordance with the Town Code prior to obtaining a temporary or final certificate of occupancy. 4. The applicant shall be responsible for all of the public improvements of the original approval (including heating the sidewalk adjacent to property from the north side of the bridge to the front entry of the VAC building and provide stone veneer on the access to the parking structure, per the approved plans, etc.). 5. The applicant shall provide and receive approval of a complete set of engineered civil drawings for all public improvements prior to receiving a building permit for the project. 6. That the number of AUs fall in the range between 46-48. (added by PEC). 7. That the total square footage of the four EHU's be not less than 1,149 sq. ft. - 1,300 sq. ft. (added by PEC). 1 STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 12, Series of 1999, on first reading. 4. Ordinance No. 13, Series Of 1999, First Reading Of An Ordinance Of Tom Moorhead The Town Of Vail, Eagle County, Colorado Granting A Franchise To Holy Bob McLaurin Cross Energy, Its Successors And Assigns, To Locate, Build, Install, Greg Hall Construct, Acquire, Purchase, Extend, Maintain, Repair And Operation Richard Brinikley of Into, Within And Through. The Town Of Vail, All Necessary And Holy Cross Convenient Facilities For The Purchase, Generation, Transmission And Distribution Of Electrical Energy, And To Furnish, Sell And Distribute Said- . . Electrical Energy To The Residents Of The Town Of Vail For Light, Heat, Power And Other Purposes By Means Of Conduits, Cables, Poles And Wires Strung Thereon, Or Otherwise On, Over, Under, Along, Across And Through All Streets And Other Public Ways In Said Town Of Vail, And Fixing The Terms And Conditions Thereof. (30 Mins.) ACTION REQUESTED OF COUNCIL: Approve, deny, modify Ordinance No. 13, Series of 1999 on first reading. BACKGROUND RATIONALE: BACKGROUND RATIONALE: Since February 27, 1979, the Town and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement. That Agreement by its terms, was to expire of February 27, 1999 and has by the Vail Town Council, in Resolution No. 3, Series of 1999, extended that Franchise for a period not to exceed ninety (90) days. The Town Manager, the Town Attorney and Acting Public Works Director have been negotiating terms and conditions for a renewal of the Franchise Agreement with Holy Cross Energy. The two principle areas of discussion have been the franchise fee and the allocation of costs of undergrounding power lines within the area of the Franchise Agreement. In regard to the franchise fee, .it is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements. It is anticipated that the franchise fee will generate a payment to the Town of Vail in the amount of $318,000 for 1999. The Town Manager will address the franchise fee and the possibility of an increase thereto. In the Franchise Agreement, for the first time, there appears a Community Enhancement Fund. Pursuant to the terms of the Franchise Agreement Holy Cross Energy commits to creating a fund equal to 1% of the prior year's gross revenues annually. This fund, which is available to be utilized for a number of community purposes including the undergrounding of overhead electric and other utility lines, will generate approximately $100,000 per year for the term of the agreement. Under the present terms of the Franchise Agreement the cost for undergrounding overhead facilities falls upon the Town of Vail. STAFF RECOMMENDATION: Approve Ordinance No. 13, Series of 1999 on first reading. 5. Ordinance No. 11, Series of 1999, second reading of an ordinance George Ruther repealing and re-enacting Ordinance No. 23, Series of 1998 and Jerry Wurhman Ordinance No. 1, 1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development Plan for the Westhaven Condominiums Development Site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 11, Series of 1999, on second reading. t BACKGROUND RATIONALE: On January 11, 1999, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the construction of eleven fractional fee club units, seventeen accommodation units and twenty-one employee housing units on the site of the "Ruins". On December 28, 1998, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the accessory use of the. tennis facility for special events and conference facilities at the Vail Cascade Club & Hotel. On October 26, 1998, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for a "transportation business" as a conditional use within the District, subject to the issuance of a conditional use permit. Copies of the staff memoranda to the Planning & Environmental Commission for each of the three requests are attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 11, Series of 1999, on second reading. 7. Resolution No. 6, Series of 1999, a Resolution Adopting A Two-Tier Tom Moorhead System Of Qualifications For The Purchase Of Unit 36, East Vail Lodging. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve or deny Resolution No. 6, Series of 1999. BACKGROUND RATIONALE: Unit 36, Vail East Lodging (A Condominium) has been purchased by the Town of Vail as the first affordable housing "buy- down" unit and is presently being offered for sale with deed restrictions to a qualified buyer at a reduced price of $140,000. This sales price is comparable to the purchase prices developed for buyers of the Red Sandstone Townhomes and consistent with other deed restricted programs established by the Town of Vail. To qualify to purchase the unit at this deed restricted price, potential purchasers must: Currently own no other real estate in Eagle County; Use the residence as an owner-occupied primary home; Work in Eagle County a minimum of thirty (30) hours per week over the course of a year and plan to continue working that same amount until the sale of the property or retirement; Agree to a re-sale cap of three (3%) percent annual appreciation. This unit is subject to the rights of first refusal held by other condominium unit owners in the Vail East Lodging association. In order to recognize this right of first refusal and enable present owners to qualify for purchase of this unit, it is suggested that the unit be available to a second tier purchaser free from any qualifications or deed restriction. The second tier purchase price will be a minimum of fair market value plus any additional costs incurred by the Town during its time of ownership. In the event the unit is sold at the fair market price there would be no deed restrictions on the unit. STAFF RECOMMENDATION: Adopt Resolution No. 6, Series of 1999. 8. Town Manager's Report. (5 mins.) 9. 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, 5/11/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/18/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 5/18/99, 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. CWGENDA.TC PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 4/30/99) MAY, 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 MAY, 1999, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesday, May 4, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, May 11, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesday, May 18, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday. May 25, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) TOWN OF VAIL 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 4128/99 COUNTDOWN CLOCK GREG/LARRY: Upon a motion by Mike Jewett, with a FOLLOW UP: Current staff discussion is centering around a new location Sybill Navas second from Kevin Foley, a unanimous decision was made off the South Frontage Road at Ford Park or at the entrance to the Village to remove the 99s countdown clock from its current location parking structure. The Ford Park location would help with advertisement of in Slifer Plaza. park events, managed/paid parking, etc. 4/28/99 DONOVAN PARK RE-SEEDING GREG/LARRY: What is the status of returning the lower Todd 0 is scheduling all our reseeding needs of which this is one and will Carol Hymers bench of Donovan Park to its original shape, e.g., re- have this done this spring. seeding and removing the connecting walkway between parking and the walking path? 4/28/99 DENVER MILLENIUM FORUM ANNE: Forward handout to Bill Brice. Done. Kevin Foley 4/28/99 ELECTION BALLOT QUESTION LORELEI: The Council, on a motion from Mike Jewett, with Council a second from Kevin Foley, voted unanimously (6-0, Ford absent) to select an at-the-polls election for their regular municipal election this coming November 2nd. The question was asked: would the County Clerk & Recorder agree to print some language on the coordinated ballot that reflects Vail local issues, e.g., election of 4 Council members plus whatever "other" issues Council may have for our electorate, will be voted on at an at-the-polls election in the Vail Municipal Building. April 29, 1999, Pagel M u TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Pamela A. Brandmeyer DATE: April 30, 1999 RE: Summer Marketing - Vail Only Attached you will find a copy of a memorandum that was faxed to Ridder/Braden & Associates, as well as Chris Cares with RRC and Gary Siverson with NWCCOG. Currently I've had just one return phone call from Benjamin Coopersmith with RidderBraden who will be coming to Vail on Monday afternoon to talk to Suzanne, Steve and me in re: to our proposed survey(s) of our business license holders and registered electors. The attachment will be used to help form parameters for discussion for this coming Monday's meeting (5/3/99, 8:30 a.m. in the Council Chambers) with those interested in marketing. PAB/aw attachment RECYCLEDPAPER r u ~y - TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 MEMORANDUM 970-479-2105/Fax 970-479-2157 TM TO: Rick Ridder, RidderBraden FROM: Pamela A. Brandmeyer, Assistant Town Manager DATE: April 30, 1999 SUBJECT: Summer Marketing Options - Vail Only 1) SPECIAL MARKETING DISTRICT - VAIL ONLY Use state current legislation. Vail-only boundaries. Allows other down-valley entities an opportunity to join, if and when in the future, they wish to do so. Constraints: limits use to information services/construction of information facilities and marketing. 2% lodging tax = $2.3M annually. 2.) VAIL ONLY LODGING TAX 2% = $2.3M annually. Could be used ANY WAY SO STATED IN THE BALLOT QUESTION, e.g., marketing, information services, special events, capital projects, community facilities, operations/maintances, etc. 3) VAIL SALES TAX INCREASE I% = $3.5M. 1/2% = $1.75M. Would be used for general fund/capital projects fund - which could include marketing, information services, special events, community facilities, capital projects/operations/maintenance, etc. L • RECYCLED PAPER Y 4) CONTINUE CURRENT VOLUNTARY CONTRIBUTIONS (if past partners wish to do so) TOV GENERAL FUND $183,500 TOV BUSINESS LICENSE FEE 318,000 TOWN OF AVON 100,000 BEAVERCREEK 185,000 VAIL ASSOCIATES (at their current level of funding) 105,000 $891,500 5) NO MARKETING W/GOVERNMENT FUNDING PAB/aw TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Pamela A. Brandme er~u DATE: May 3, 1999 RE: Regional Marketing - Vail Only We inadvertently gave you misinformation last week in regard to the proposed Vail only regional marketing district. Upon checking the exact wording in the legislation with Tom Moorhead, we have been advised that the state legislation does, in fact, provide for special events promotion. Apparently the confusion was underscored by the Business Alliance position that the lodging tax under the state legislation be used specifically for marketing and for information services but not to include special events. The reasoning for this is simple: at issue would be how the monies were divvied up to provide special events in each of the locales. It was the belief of the Business Alliance that factoring in special events would only confuse the issue and make it more convoluted and much less likely to be palatable as an election issue. I have attached copies of both our current business license language stating the purpose of collection of the funds, as well as the pertinent section from the state legislation. So as far as a Vail only approach to regional marketing, the Town of Vail would be able to use the money, Vail only, for marketing, information services and special events. PAB/aw attachments RECYCLEDPAPER APR-28-99 WED 9:46 000000000000000000000000 9709494385 • P. 1 l (d) TO FNTER INTO CONTRACTS AND AGREEMENTS, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, AFFECTING THE AFFAIRS OF THE DLSTIZYCT, INCLUDING CONTRACTS WITH THE UNITED STATES AND ANY OF ITS AGENCLES OR INSTRU& -NTALIITES; (e) (I) TO PROVIDE ANY OF THE FOLLOWYNG SERVICES WITHIN THE DISTRICT: (A) ORGANIZATION, PROMOTION, MARKETING, AND MANAGEMENT ~L. OF PUBLIC EVENT'S; (B) ACTIVITIES IN SUPPORT OF BUSINESS. RECRUITMENT, MANAGEMENT, AND DEVELOPMENT; (C) COORDINATING TOURISM PROMOTION ACTIVITIES, (n) NO REVFNUE COLLECTED FROM THE IvL4RKET7NG AND ?ROMO T ION TAX LEVIED UNDER SECTION 2S-25-112 MAY BE USED FOR ANY CAPITAL E.LPL'NDITUR,FS, WITH THE ED(CEPTION OF TOURIST INFORMATION CENTERS. (f) To HAVE THE mAxAci fIIN i, CO'.1TPor AND SUPERVISION OF ALL 7.ir- BUSINESS AND AFFAIRS OF = DISTRICT AND OF THE OPERATION OF i DISTRICT SERVICES L REIN; i (g) TO APPOINT AN ADVISORY BOARD OF OWNERS ,OF PROPERTY WITHIN -I TE BOUNDARIES OF THE DISTRICT AND PROVIDE FOR THE DUTIES AND JNC,:ONS THEREOF; (h) TO HIRE EMPLOYEES OR RETAIN AGENTS, ENGINEERS, CONSULTANTS, ATTORNEYS, AND ACCOUNTANTS; (1) TO ADOPT AND AMEND BYLAWS NOT IN CONFLICT WITH THE CONSTITUTION AND LAWS OF THE STATE OR WITH THE ORDINANCES OF THE LOCAL GOVL•RNMLNT AFFECTED FOR CARRYING ON THE BUSINESS, OBJECTIVES, AND AFFAIRS OF THE BOARD AND OF THE DISTRICT; AND (j) TO EXERCISE ALL RIGHTS AND POWERS NECESSARY OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS GRANTED IN THIS ARTICLE. SUCH SPECIFIC POWERS SHALL NOT BE CONSIDERED AS A I LIMITATTON UPON ANY POW R NECESSARY OR APPROPKkTe TO CARRY ()UT THE- PURPOSES AND INTENT OF THI.' ARTICLE, PAGE 12-HOUSE BILL 98-1200 I I r 4-1-1 4-1-2 - CHAPTERI GENERAL LICENSING PROVISIONS SECTION: ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities 4-1- 1: Purpose designed for or adapted to occupancy by 4-1- 2: Definitions guests and accessible from common.corri- 4-1- 3: License Required dors, walks, or balconies without, necessari- 4-1- 4: Fees ly passing through another accommodation 4-1- 5: Payment Of Fee unit or dwelling unit. 4-1- 6: Exemptions 4-1- 7: Administration And Enforcement ATHLETIC CLUB: A business which has as 4-1- 8: Delinquencies And Penalties one of its primary sources of income the 4-1- 9: Attorney Fees And Costs charging for the use of racquet courts 4-1-10: Revenue Disposition and/or other athletic facilities such as free 4-1-11: Notice Of Exemption weights, weight machines, swimming pools, 4-1-12: Transfer Of License etc. 4-1-13: No Refunds 4-1-14: Evaluation And Extension Of BUSINESS: Any business, profession, oc- Chapter cupation, or activity engaged in by a person for profit, gain, benefit, or advantage which is conducted on premises within the Town. 4-1-1: PURPOSE: The purpose of this BUSINESS FLOOR AREA: The number of Chapter shall be to require the square feet located within any "premises" licensing and regulation of business activi- as defined in this Section, except that the ties, occupations and enterprises conducted number of square feet located in storage within the Town, to provide the Town with areas and administrative offices within retail necessary information relating to business- business premises shall not be considered es and professions operating within the business floor area. Town and to generate and raise additional revenues for the Town. for the purpose of. CONSTRUCTION SERVICES: Building marketing and promoting-the Town and its contractors, plumbers, electricians, carpen- environs as a year-round resort, to promote ters, masons, excavators, roofers, and and market activities and events beneficial painters. to the economic health of the community. (Ord. 38(1988) § 1) DWELLING UNIT: Any room or group of rooms with kitchen facilities designed for or used as an independent housekeeping unit. 4-1-2: DEFINITIONS: For the purposes of this Chapter, the following FINANCIAL SERVICES: Any savings and definitions shall apply: loan company, bank, mortgage company or mortgage broker. 1298 Town of Vail a„ TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY May 3, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Officer VAIL RESIDENT FLOATS IDEA FOR COMBINATION LODGING TAX, SALES TAX TO FUND MARKETING EFFORTS AS MONDAY MORNING DISCUSSIONS CONTINUE During the second in a series of five Monday morning community meetings in which various summer marketing scenarios are being explored, participants heard a presentation from Paul Rondeau, a Vail retiree. Rondeau proposed consideration of a composite tax consisting of a lodging tax and a sales tax to gain equity in those who would share the cost. Rondeau also suggested adding a sunset provision to such a ballot issue. His remarks followed direction by the Vail Town Council on April 27 to use Vail's boundaries as a framework for future summer marketing scenarios. The decision leaves six potential scenarios outlined at this morning's meeting: 1) Special Marketing District Election - Vail Only Use state current legislation. Vail-only boundaries. Allows other down-valley entities an opportunity to join, if and when in the future, they wish to do so. Legislation permits lodging tax as only funding vehicle; is limited to information services/construction of information facilities, marketing and special events. 2% lodging tax = $2.3 million annually. 2) Vail Only Lodging Tax Election Does not rely on regional-marketing district enabling legislation. Could be used any way so stated in the ballot question, e.g., marketing, information services, special events, capital projects, community facilities, operations/maintenance, etc. 2% lodging tax = $2.3 million annually. 3) Vail Only Sales Tax Increase Election Does not rely on regional marketing district enabling legislation. Could be used for general fund/capital projects fund, which could include marketing, information services, special events, community facilities, operations/maintenance, etc. 1% = 3.5 million 1/2% = $1.75 million (more) RECYCLEDPAPER Add 1/Marketing Monday 4) Vail Only Lodging Tax, Sales Tax Composite Election Does not rely on regional marketing district enabling legislation. Could provide equity in those who share the cost. Could be used for general fund/capital projects fund, which could include marketing, information services, special events, community facilities, operations/maintenance, etc. I% lodging tax=$1.2 million 1/4% sales tax=$ .9 million _ $2.1 million total 5) Continue Current Voluntary Contributions (if past partners wish to do so) TOV General Fund $183,000 TOV Business License Fee 318,000 Town of Avon 100,000 Beaver Creek Resort Co. 185,000 Vail Associates (at current level) 105,000 $891,500 6) No Marketing with Government Funding Also this morning, participants discussed: • the challenges and opportunities in determining a baseline dollar amount for summer marketing, based on need • the importance in understanding and embracing a return on investment formula and program goals • summer construction impacts on tourism • the pros and cons of a funding mechanism that would cover more needs than marketing, such as capital improvements Next steps include: a return on investment presentation by Frank Johnson of the Vail Valley Tourism & Convention Bureau at the May 4 Vail Town Council work session • a town staff update on constituent survey options at the May 4 Vail Town Council work session • continued discussions at a community meeting from 8:30 to 9:30 a.m. in the Vail Town Council Chambers on Monday, May 10 The weekly Monday morning community meetings are scheduled to continue through May 24. 05/04/99 TIDE 12:26 FAX 303 832 2555 RIDDER/BRADEN Z002 > 10""~ R I D D ER/B RA D E N, Inc, f'Rt1/ILIEGED Strategy -Research - K nning` DE"At. . T776 Lincoln Streii Suttr-i318 .7 343/832-2444 F 303/832-2555 MEMORANDUM TO: Ms. Pamela Brandmeyer Ms_ Suzanne Siiverthom FROM: Mr. Rick Ridder/Mr. Benjamin Kupersmit RE: Vail lodging 1 pax campaign DATE: 05/04/99 There are several critical components ofa successful campaign that should he considered at this stage to increase your chances of passing, some form of tax increase in the fall. 1. Researching a course of action and message Conducting focus groups and a survey among voters will aid you in determining which option is most preferred by voters- Also, this research will assist you in understanding public opinion and crafting a message that explains the benefits of voting "Yes" to voters as the election nears- The budget for such research typically ranges in the $20,000-$25,000 area. 2. Acquiring the resources necessary to deliver the campaign message Raising fiords and ensuring that you have the appropriate resources in hand early in the campaign is important. You will likely need to use both radio advertisements and direct mail to communicate with voters this fall; both of these cost considerable amounts of money. A carnpai.tm like this one, with one paid staffer and ongoing media activity, can range anywhere between $30,000 and $50,000. 3. Identify the "champions" in the community You will need to assemble a committee of citizens' who will carry this initiative forward in the community. This group will not only be responsible for managing the campaign, but will also be the source of enthusiasm and support that is critical in a grass-roots community election- 05/04/99 TUE 12:27 FAX 303 832 2555 RIDDER/BRADEN X1003 .6 - 4_ Identify support among local leadership and elected offichils Tt is -,]so rritir.al that vi,ihlc local leaders endorse and support this effort as it proceeds. Begin to identify these individuals and solicit their endorsement, and possibly involvement, as soon as possible. 5. Contract with campaign professionals to provide management consultation on day to day operations. Lastly, by mid-summer, we would hope to be in place with'a professional campaign manager who will supervise the day to day operations of the campaign.. This will include oversight and support of the activities of the citizens' committee (who will advocate directly for a "yes" vote) and coordination with the efforts of local government (who will educate voters about this proposal, while not advocating a specific vote). The duties of this manager will also include supervision of the message delivery, fundraising, press activity and crisis management as the campaign We hope this is hclpfL! Please feel free to. contact us if you need more information or have any questions about this memorandum. Look forward to speaking with you soon. • x~: Rego DISCUSSION: MEASURING THE RETURN ON INVESTMENT FOR MARKETING PROGRAMS VAIL TOWN COUNCIL MAY 4, 1999 PRESENTED BY: FRANK JOHNSON JOHN GARTH VAIL VALLEY TOURISM AND CONVENTION BUREAU I. DETERMINATION OF ROI DEPENDS ON WHAT EFFECT IS TO BE PRODUCED. le. "sell more widgets"..."increase sales tax" II. SPONSORING ORGANIZATION MUST AGREE ON WHAT MEASUREMENTS ARE AND HOW THEY ARE TO BE CAL- CULATED Internally by town staff...externally by research firm ...externally by agent executing programs III. MEASUREMENT WILL VARY BY INTENT OF PROGRAM OR MARKET SEGMENT BEING ATTRACTED "Awareness/Branding"...special event impact ...response generation ...groups. . etc. MEASUREMENT OF SALES TAX GENERATED BY MARKETING PROGRAMS 1. 1998 Summer Sales Tax Revenues Lodging $ 925,508 Food/Beverage $1,117,962 Retail $1,849,412 Total $4,520,290 11. Deduct amount attributable to locals (based on Colo. Economic Development Statistics ...retail mix and population demographics). Lodging (100% visitor) $ 0 Food/Beverage (9.5 % local) $106,206 Retail (9% local) $166,447 Total $272,653 (6% of total sales tax) 111. Means that $4,247,637 (94%) of sales tax collected May-October is attributable to visitors. IV. HOWEVER ...attributing this to specific causes means REAL consensus on assumptions. Individual property/business marketing to attract people to Vail "Natural" growth (whatever that is) in the summer market Measurement of sales tax ONLY minimizes impact of total sales MEASUREMENT OF A SPECIFIC ADVERTISING CAMPAIGN 1. 1994 Longwoods International measured CONVERSION from VVMB direct response advertising campaign (Small Space Ads) II. Telephone survey to persons who responded to campaign to determine how many ACTUALLY VISITED 111. Telephone survey to persons MATCHED demographically and geographically to determine who would have come anyway IV. Determined that the number of trips taken AS A DIRECT RESULT OF THIS CAMPAIGN was 2,522. V. Based on average length size of party, length of stay, and expenditure per day data from prior research on visitors, determined that $2.7 million dollars was spent as a result of this campaign.. Aid not measure amount spent by persons who did not travel in 1994, but over 50% of those persons indicated they were likely or very likely to visit in the future. VI. Campaign cost $149,788 dollars to produce ...therefore the return was $18 to $1 VII. THE COST OF THE RESEARCH WAS $38,500 (26% of the cost of the campaign!) MEASUREMENT OF GROUP MARKETING CAMPAIGN 1. Return on investment ratios ...major group properties in Vail $10 to $1... marketing campaigns only $5 to $1...marketing campaign PLUS cost to facilitate ie MANPOWER II Two types of Group Marketing Image/Awareness ...correlate to long term strategy ...tangible evidence of opportunity should be primary influencer Measurable programs ...direct mail, business reply card advertising, etc. VIII. Example ...Marriott's Mountain Resort/Texas Strategy:. . Penetrate Texas Market ...generate 2,000 Roomnights over 24 months Rationale ...Texas is primary feeder for Vail/BC...could provide crossover for groups Present State ...Texas accounted for 200 Roomnights at $80 Average Daily Rate ...approximately $16,000. Program Advertising $ 5,500 Memberships 3,000 Trade Missions 10,000 Sales Trips 5,000 Mailer/with reply card 12,000 Postcard mailer 6,000 TOTAL $41,500 Result. ..Group Room Revenue originating in Texas 1997 2200 RoomnightsCa-$150 = $330,000 1998 3000 Roomnightsa-$160 = $480,000 THE BOTTOM LINE choose your "implementers" wisely ...they're YOUR TEAM ...agree UP FRONT about what measurements you will accept ...when presented with "results" based on items one and two, SUPPORT the findings ...if you need to change the measurements, agree UP FRONT with YOUR TEAM W ,q- 7 I W1~YK 7 x d • Fhb ~j. 6p COMPARISON OF VVMB GROUP EXPENDITURES TO SUMMER GROUP LODGING REVENUE $4,500,000.00 xx- $4,000,000.00 $3,500,000.00 $3,000,000 00 . Xi. $2,500,000.00 SUMMER GROUP LODGING REVENUE --0- ARKETING BOARD GROUP M EXPENDITURE $2,000,000. u0 $1,500,000.00 $1,000,000.00 $500,000.00 1991 1992 1993 1994 1995 1996 1997 1998 7!c- /~6/~ X32 /9 z y~ 2i i t?s' COMPARISON Or VVMB GROUP EXPENDITURES TO SU\4MER GROUP LODGING REVENUES 1991 1992 1993 1994 1995 1996 1997 1998 TOTAL MARKETING BOARD GROUP EXPENDITURE $ 120,084.00 $ 167,022.00 $ 186,874.00 $ 132,000.00 $ 191 231.00 $ 241,084.00 $ 219,415.00 $ 185,100.00 $ 1,442,810.00 SUMMER GROUP LODGING REVENUE $ 1,364,000.00 $ 1,448,000.00 $ 1,500,000.00 $ 2,476,000.00 $ 2,456,000.00 $ 2,277,000.00 $ 2,448,000.00 $ 3,725,489.00 $ 17,694,489.00 MULTIPLE $ 11.36 $ 8.67 $ 8.03 $ 18.76 $ 12.84 $ 9.44 $ 11.16 $ 20.13 $ 12.26 COA/IPARISON OF VVNIB GROUP EXPENDITURES TO SUMMER GROUP LODGING REVENUE $4,500,000.00 $4,000,000.00 $3,500,000.00 $3,000,000.00 2 500 000.00 SUMMER GROUP LODGING REVENUE - * MARKETING BOARD GROUP 2 000 000.00 EXPENDITURE .,.:..*...,..,..,...,.,.,e.,..,- e m .*..'...'-..'..,"'..---..,-.'..'.............-.....,..,....,........**,.*,......"...-,........,"........"."......,.....,~'*.-*.-.....",".*"*."....~.-..........."..........-..*..'.,..,...*~~...-"..-..-.'.*,..*...*".".,..,.,..l-.- $1,500,000.00 I - - - - ..%'..m; : I.::,.:.:.:...............;.,;.....; . ffi'..,::.". : , $1,000,000.00 500000.00 . 1991 1992 1993 1994 1995 1996 1997 1998 COMPARISON OF VVMB GROUP EXPENDITURES TO SUMMER GROUP LODGING REVENUES 1991 1992 1993 1994 1995 1996 1997 1993 TOTAL MARKETING BOARD GROUP EXPENDITURE $ 120,084.00 $ 167,022.00 $ 186,874.00 $ 132,000.00 $ 191,231.00 $ 241,084.00 $ 219,415.00 $ 185,100.00 $ 1,442,810.00 SUMMER GROUP LODGING REVENUE $ 1,364,000.00 $ 1,448,000.00 $ 1,500,000.00 $ 2,476,000.00 $ 2,456,000.00 $ 2,277,000.00 $ 2,448,000.00 $ 3,725,489.00 $ 17,694,489.00 MULTIPLE $ 11.36 $ 8.67 $ 8.03 $ 18.76 $ 12.84 $ 9.44 $ 11.16 $ 20.13 $ 12.26 TOTAL GROUP MARKETING EXPENDITURE*** $ 514,933.00 $ 558,075.00 $ 591,639.00 $ 425,553.00 $ 2,090,200.00 MULTIPLE $ 4.77 $ 4.08 $ 4.14 $ 8.75 $ 5.22 ***includes VVMB campaign plus VVTCB cost of direct sales department J. TOWN OF VAIL ORDINANCE NO. 13 Series of 1999 AN ORDINANCE OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN, REPAIR AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF VAIL, ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF VAIL FOR LIGHT, HEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN SAID TOWN OF VAIL, AND FIXING THE TERMS AND CONDITIONS THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: • TABLE OF CONTENTS SHORT TITLE 1.1 DEFINITIONS 2.1 Town 2.2 Company 2.3 Council 2.4 Facilities 2.5 Public Easements 2.6 Private Easements 2.7 Residents 2.8 Revenues 2.9 Streets and Other Public Ways GRANT OF FRANCHISE 3.1 Grant of Right to Serve 3.2 Scope of Grant 3.3 Service to Town Facilities 3.4 Duration of Franchise SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas 4.2 Trees and Shrubs 4.3 Location of Company's Facilities 4.4 Restoration of Public and Private Improvements 4.5 Use of Facilities 4.6 Relocation of Overhead Facilities 4.7 Compliance with Town Requirements 4.8 Town Review of Construction and Design 4.9 Capital Improvement Projects 4.10 Maintenance of Facilities 4.11 Town Not Required to Advance Funds 4.12 Scheduled Interruptions 2 RATES, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES 5.1 Furnishing Electrical Energy 5.2 Facility Upgrades 5.3 Reliable Supply of Electricity 5.4 Changes in Rates and Service 5.5 Maps and Regulations 5.6 Subdivision Review 5.7 Compliance with Laws USE OF COMPANY FACILITIES 6.1 Use of Poles by Town INDEMNIFICATION AND POLICE POWER 7.1 Town Held Harmless 7.2 Police Power Reserved FRANCHISE FEE 8.1 Franchise Fee 8.2 Franchise Fee Payment in Lieu of Other Fees 8.3 Payment 8.4 Revenue Audit 8.5 Correction of Underpayment/Overpayment 8.6 Occupancy Tax Alternative 8.7 Payment of Expenses Incurred by Town in Relation to Ordinance 8.8 Termination of Franchise REPORTS 9.1 Reports 9.2 Change of Franchise Fee 9.3 Copies of Tariffs ADMINISTRATION 10.1 Amendments 10.2 Revocation of Privileges by Condemnation 10.3 Compliance Impaired 10.4 Company's Failure to Perform 10.5 Ownership of Facilities 10.6 Transfer of Rights 10.7 Removal of Facilities 10.8 Non-renewal of Franchise; Alternative Electric Service COMMUNITY ENHANCEMENT FUND 11.1 Purpose 11.2 Payments to the Fund 11.3 The Fund 11.4 Payments from the Fund 11.5 Audits 11.6 Forfeiture of Enhancement Funds 11.7 Advances of Funds UNDERGROUNDING 12.1 Town Policy 12.2 Customer's Request 12.3 Town Requested Undergrounding 12.4 Relocation of Underground Facilities MISCELLANEOUS 13.1 Changes in Utility Regulation 13.2 Successors and Assigns 13.3 Representatives 13.4 Severability 13.5 Entire Agreement APPROVAL 14.1 Town Approval 14.2 Company Approval 4 ARTICLE 1 SHORT TITLE 1.1 This Ordinance shall be known and may be cited as the "Holy Cross Energy, Franchise Ordinance." ARTICLE 2 DEFINITIONS For the purpose of this Ordinance, the following terms shall have the meaning given herein: 2.1 "Town" is the Town of Vail, Eagle County, Colorado, the municipal corporation as is now constituted or as the same may be enlarged or expanded from time to time through annexation. 2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and assigns. 2.3 "Council" refers to the legislative body of the Town, known as the Town Council of the Town of Vail, Colorado. 14 "Facilities" refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town of Vail including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, microwave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears, transformers, various pad mounted and pole mounted equipment, vaults, wires, and all other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. 2.5 "Public Easements" refers to easements created and available for use by any public utility for its facilities. 2.6 "Private Easements" refers to easements created and available only for use by the Company for its facilities, or by the Company and other selected users or utilities. 5 2.7 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently maintaining a residence, business, farm, ranch or other enterprise located within, in whole or in part, the boundaries of the Town. 2.8 "Revenues", unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for any particular period of time. 2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes and other public ways in the Town, subject to limitations stated herein. ARTICLE 3 GRANT OF FRANCHISE 3.1 Grant of Right to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the Town of Vail hereby grants to the Company an exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town boundaries all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the exclusive right and privilege to furnish, sell, and distribute said electrical energy to the Residents of the Town for light, heat, power and other purposes. 3.2 Scope of Grant. Such grant includes. the right and obligation to furnish electrical energy either overhead, on poles and wires, or underground, or otherwise, on, over, under, along, across and through any and all Streets and Other Public Ways, on, over, under, along, across and through any extension, connection with, or continuation of, the same and/or on, over, under, along, across and through any and all such new Streets and Other Public Ways as may be hereafter laid out, opened, located, or constructed within the boundaries of Town. The Company is further granted the right, 6 privilege and authority to excavate in, occupy and use -any and all Streets and Other Public Ways and Public Easements. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supplying electrical energy to the Residents. 3.3 Service to Town Facilities. The Town hereby grants to the Company the exclusive right, privilege, and authority to provide street and security lighting to the Town, and to serve all Town owned or operated structures, plants, equipment, or Town apparatus and facilities, including the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for such. 3.4 Duration of Franchise. This Ordinance shall be in full force and effect from and after its passage as by law required and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty-five (25) years from and after such enactment. ARTICLE 4 SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct facilities under, across, or through public parks or recreational areas, open space or other Town owned property located within the Town except as expressly set forth in this Franchise or upon prior written approval granted by the Town Council. Said approval shall not be unreasonably withheld. 4.2 Trees and Shrubs. The Company shall have the right to trim or cut down such trees and shrubbery and to control the growth of the same by chemical means, machinery, or otherwise, only as may be reasonably necessary to protect its facilities and in a manner to minimize damage or interference to trees, shrubbery and other natural features according to custom and usage within the Industry. 7 4.3 Location of Company's Facilities. Wherever reasonable and practicable, the Company will endeavor to install its facilities within Public Easements. The Company shall locate its facilities within the Town so as to cause minimum interference with any of the Town's facilities or property, including without limitation water lines, sewer lines, storm drains, and the proper use of Streets and Other Public Ways, and so as, to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said Streets and Other Public Ways. 4.4 Restoration of Public and Private Improvements. Should it become necessary for the Company, in .exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or any other public or private improvement, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to be repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all reasonable costs thereof. 4.5 Use of Facilities. The Company shall have the right to make such use of its facilities and other property owned by the Company, for uses other than the uses contemplated in this Franchise Ordinance, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. 4.6 Relocation of Overhead Facilities. If at any time it shall be necessary to change the position of any overhead electrical facilities of the Company to permit the Town to lay, make or change street grades, pavements, sewers, water mains, storm drains, or other Town works, such changes shall be made by the Company at its own expense, after reasonable notice from the Town. 8 4.7 Compliance with Town Requirements. The Company shall comply with all Town requirements regarding curb and pavement cuts, excavating, digging and related construction, maintenance and operational activities. If requested by the Town, the Company shall submit copies of reports of annual and long-term planning for capital improvement projects with descriptions of required street cuts, excavation, digging and related construction activities within thirty (30) days after issuance of such request. 4.8 Town Review of Construction and Design. Prior to construction of any significant facilities within the Town, as determined jointly by the Company and Town, the Company shall furnish to the Town the plans for such proposed construction. Upon request, the Company shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes, air and water pollution regulations are complied with, (2) that aesthetic and good planning principles have been given due consideration, and (3) that adverse impact on the environment has been minimized. 4.9 Capital Improvement Projects. The Company and the Town shall endeavor to inform one another of any capital improvement projects anticipated within the Town that may impact the facilities or operations of either party. The party proposing such capital improvements shall inform the other party of the nature of such improvements within a reasonable time after plans for such improvements have been substantially formulated. Each party shall cooperate in the timely exchange of all necessary information, design data, drawings, and reports to properly assess and evaluate the potential impacts of said improvements. 4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and upgrade its facilities to ensure both the adequacy of, and quality of, electric service to the Town and all 9 Residents. All excavation and construction work done by or under the authority of the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. 4.11 Town Not Required to Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its facilities to the Town for municipal uses therein or for any municipal facility outside the boundaries of the Town and within the Company's certificated service area, without requiring the Town to advance funds prior to construction. 4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either oral or written, to the Town and its affected Residents, of planned service interruptions of significant duration. ARTICLE 5 RATES, REGULATIONS. UNIFORMITY OF SERVICE AND UPGRADES 5.1 Furnishing Electrical Energy. The Company shall furnish electrical energy within the boundaries of the Town, and to the Residents thereof at Company's applicable and effective rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject only to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any resident, provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. 5.2 Facility Upgrades. The Company shall, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its facilities incorporating, when reasonable and 10 practical, technological advances within the industry as the business of the Company and the growth of the Town justify, in accordance with its Standards for Service, Rules and Regulations, and Service Connection and Extension Policies for electric service currently in effect and on file with the Company, subject only to regulations thereof as is provided by state and federal law. 53 Reliable Supply of Electricity. The Company shall take all reasonable and necessary steps, to provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent . with long-term reliable supplies. If the supply of electricity to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. 5.4 Changes in Rates and Service. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the use of electrical energy and payment therefor, and the interference with, or alteration of any of the Company's property upon the premises of its customers, as shall be necessary to ensure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. 5.5 Maps and Regulations. The Company shall, submit copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations, and maps of its facilities within the Town boundaries to the Town Clerk. All changes in such maps, Standards for Service, Rules and Regulations, and policies, shall be submitted to the Town as the same may from time to time occur. 5.6 Subdivision Review. The Company shall analyze any subdivision plats or planned unit development plans submitted to it by the Town and respond to any request by the Town for information regarding the adequacy of its facilities necessary to serve such proposed plat or plan and answer any other questions posed to the Company by the Town regarding said plat or plan as are within the knowledge 11 of the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Town's Subdivision Regulations. 5.7 Compliance with Laws. The Company shall comply with all County, State or Federal laws, rules and regulations, ordinances or resolutions related to the subject matter hereof. ARTICLE 6 USE OF COMPANY FACILITIES 6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all poles and suitable overhead structures within Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity; provided, however, that the Company shall assume no liability, nor shall it be put to any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company's use of same, or the use thereof by the Company's permittees, licensees, or other existing users of such facilities. Use of facilities hereunder by the Town shall not apply to the Town's licensees, permittees and franchisees. The Company agrees to permit Town licensees, permittees and franchisees, except those holding an electric utility franchise or license from the Town, to use its facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. ARTICLE 7 INDEMNIFICATION AND POLICE POWER 7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers and employees, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise, and the securing of, and the exercise by the Company of, the franchise rights granted in this 12 ordinance and shall pay all reasonable expenses arising therefrom. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company shall be permitted, at its own expense, to appear and defend or to assist in defense of such claim. In the event a claim or claims for injury or damage is brought against the Company, and such shall include a claim of responsibility against the Town, both parties shall defend the respective claim or claims brought against each, and each shall be responsible for its own attorney's fees during the pendency and continuation of any .such action or proceeding. At the conclusion of the litigation or proceeding, whether by settlement, dismissal, order of court or administrative agency, or otherwise, if a determination is made that the Town is in no way responsible for the claim or claims, or that the Company is solely responsible, the Company shall promptly reimburse the Town for its reasonable attorneys fees and costs incurred in defending such claim or claims. 7.2 Police Power Reserved. The right is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein contained, such Ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ARTICLE 8 FRANCHISE FEE 8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to the Town a sum equal to three-percent (3%) of its gross revenues collected from the sale of electricity within the boundaries of the Town. Electric revenues received from service to the Town facilities will not be assessed a 3% fee under this section nor will the Town be paid the 3% fee from such revenues 13 collected from Town facilities. To the extent required by law, the three-percent (3%) shall be surcharged to the Residents of the Town. This surcharge is in addition to any charges specified in the Company's tariffs and any applicable taxes. 8.2 Franchise Fee Payment in Lieu of Other Fees. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the .Franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon business. 8.3 Payment. Payment of the Franchise Fee shall be made by the Company to the Town on or before thirty (30) days after the end of each quarter of each calendar year for the preceding three (3) month period, but shall be adjusted and prorated for the portions of the calendar quarters at the beginning and at the end of this Franchise. All payments shall be made to the Town Clerk. 8.4 Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this Article, the Company shall file with the Town Clerk, or such other official as shall be designated by the Town from time to time, a statement, in such reasonable form as the Town may require, showing the total gross receipts received by the Company from the sale of electricity to Residents within the boundaries of the Town for the preceding three (3) month period. The Town Clerk or any official appointed by the Town Council shall have access to the books of said Company for the purpose of confirming the quarterly gross revenues received from operations within said Town. 8.5 Correction of Underpayment/Overpa ment. Should either the Company or the Town discover either an underpayment or overpayment of the quarterly Franchise Fee, the party making such discovery 14 shall inform the other party within a reasonable -time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the error was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next quarterly Franchise payment due the Town. 8.6 Occupancy Tax Alternative. In the event the said franchise fee levied herein should be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in lieu thereof, the Town may thereafter levy an occupancy tax upon the Company, not to exceed in any one calendar year three-percent (3%) of the gross Revenues collected within the Franchise Area for that calendar year. In the event the one-percent (1%) community enhancement fee shall also be declared invalid and/or shall be set aside by a court of competent jurisdiction, then the occupancy tax levied upon the Company by the Town shall be four-percent (4%) instead of three-percent (3%). Such occupancy tax shall be adjusted for any franchise fees or enhancement fees previously paid to the Town in such calendar year. In the event the Town shall enact such an occupancy tax, in lieu of the franchise fee and/or enhancement fee levied hereunder, all of the remaining terms, conditions and provisions of this Ordinance shall remain in full force and effect for the period stated herein. Such occupancy tax ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not construed as an income tax. Any alternative levy imposed by the Town shall only be valid if such is surchargeable by the Company under the provisions of C.R.S. 40-3-106(4). 8.7 Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred for publication of notices related to the enactment of this Franchise Ordinance and for photocopying of documents during the negotiations for, and processing of, this Franchise Ordinance. 15 8.8 Termination of Franchise. If this Franchise is terminated by either the Company or the Town for whatever reason, or is declared null and void, all Franchise Fees or occupancy taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise Fee or occupancy tax owed and due the Town shall be made on or before thirty (30) days after the date the Franchise is legally terminated. ARTICLE 9 REPORTING AND CHANGE IN FRANCHISE FEE 9.1 Reports. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this Franchise, and shall, if requested, provide the Town with a list of real property within the Town which is owned by the Company. 9.2 Change of Franchise Fee. The Company shall, upon request from the Town, notify the Town Council of any changes in the Franchise Fee percentage made with other municipalities served by the Company under a franchise within the State of Colorado. If the Town Council decides the Franchise Fee percentage hereunder shall be changed, it shall provide for such change by Ordinance; provided, however, that any change in the Franchise Fee percentage shall then be surcharged by the Company to the Residents of the Town. 9.3 Copies of Tariffs. Upon request, the Company shall furnish the Town with copies of any tariffs currently in use. ARTICLE 10 ADMINISTRATION 10.1 Amendments. At any time during the term of this Franchise, the Town through its Town Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days written notice 16 to the other party of the proposed amendment(s) desired, and both parties thereafter. through their designated representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s) to this Franchise shall be effective until mutually agreed upon by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and ordinance requirements of the Town, have been met. This section shall not apply to Franchise Fee changes under Article 9. 10.2 Revocation of Privileges by Condemnation. In the event. at any time during the term of this Franchise, the Town shall condemn any of the facilities of the Company within the boundaries of the Town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents of the Town, then and in such event the Town shall pay to the Company just compensation for such rights and facilities by reason of such condemnation. 10.3 Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delayed because of circumstances beyond the Company's or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. 10.4 Companv's Failure to Perform. It is agreed that in case of the failure of the Company to perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through its Town Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the 17 Town Council shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited and may declare this Franchise null and void. 10.5 Ownership of Facilities. All facilities used or placed by the Company within the boundaries of the Town shall be and remain the property of the Company. 10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, . unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. 10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company facilities shall not be used for electric, telephone, or cable TV purposes for a period of twelve (12) successive months, the Town shall have the option of having the Company remove such facilities or claim such facilities as its own. If the Town elects to have the Company remove the facilities, it shall give written notice to the Company directing it to remove such facilities, and the Company shall remove the same no later than ninety (90) days after the date of such notice, unless the Company and the Town agree to a longer period within which removal shall occur. Any facilities, either underground or overhead, remaining after such time that are not expressly claimed by the Town shall be deemed to have been abandoned. Any cost incurred by the Town in removing abandoned facilities, and any liability associated with facilities abandoned by the Company shall be the liability of the Company. For any facilities claimed by the Town, any liability associated with such facilities shall become the liability of the Town. 10.8 Non-renewal of Franchise; Alternative Electric Service. If this Franchise is not renewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, and the Town has not provided for alternative electric service to the Residents of the Town, the 18 Company shall not remove its facilities and shall be obligated to continue electric service to the Residents until alternative electric service is provided. The Company will not withhold any temporary services necessary to protect the public. ARTICLE 11 COMMUNITY ENHANCEMENT FUND 11.1 Pu ose. The Company is committed to programs designed to make a difference in people's lives and the communities in which they reside. The Company shall voluntarily make monetary resources available to the Town for such programs and/or activities. Programs for which such funds shall be spent shall be limited to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town has not made the program a requirement for this Franchise. Funding for this program is not a cost of doing business but is a voluntary contribution by the Company. 11.2 Payments to the Fund. The Company shall make annual payments to the fund equal to one percent (1%) of its prior year's gross revenues, commencing with 1999 revenues, collected from the sale of electricity within the boundaries of the Town. Said payments shall be made into the fund no later than February 15"' of the year subsequent to the year in which the gross revenues are received by the Company. 19 V 11.3 The Fund. The Fund established by the Company - shall be maintained in a bank account in the name of the Town, but shall be maintained separately from all other funds and accounts held by the Town. 11.4 Pavments from the Fund. All payments from the fund shall be for projects described in Section 11.1 hereof. Prior to. any such expenditure, authorization to withdraw from the fund shall be, given by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made. Prior to any .expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object if the funds are expended for the use identified in the notice. 11.5 Audits. The Town may audit the Company's books related to gross revenues collected within the Town at any reasonable time and with reasonable prior notice. The Company may audit the fund account, expenditures from the fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. 11.6 Forfeiture of Enhancement Funds. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Enhancement Fund if it is determined that funds allocated and paid to the Town are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. 11.7 Advances of Funds. The Town shall make all reasonable attempts to plan and budget use of the Fund without advancement of future Funds. However, if the Town requests and the Company and the Town agree that it is in the mutual interest of both, the Company shall anticipate Fund amounts to be available for up to three (3) years in advance. Both parties shall enter into a special agreement 20 concerning the advanced Funds. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advances are eliminated. ARTICLE 12 UNDERGROUNDING 12.1 Town Policy. The Town has a policy that requires underground extension of new electrical distribution lines to new development within the Town. Amendments thereto will be furnished to the Company promptly after enactment by the Town. The Company shall extend its facilities in accordance with such policy and the subdivision regulations and other applicable ordinances of the Town, but only subject to the provisions of the Company's Line Extension Policy, Advice Letter Number 8, dated April 30, 1976 (herein "Line Extension Policy") and in accordance with its Policy Statement, Conversion From Overhead to - Underground Facilities, June 15, 1988 (herein "Underground Conversion Policy), as each may be amended from time to time, and other applicable Company rules and regulations, if any. 12.2 Customer's Request. If a customer within the Town should request that new facilities be installed underground, or for the conversion of existing overhead facilities to underground facilities, the .Company shall proceed in accordance with its Line Extension Policy and Underground Conversion Policy. 12.3 Town Requested Undergrounding. Except for the Company's contributions to the Community Enhancement Fund, which may be used by the Town to pay for the undergrounding of the Company's facilities, any request, requirement imposed by resolution or ordinance, or other communication from the Town to the Company, asking, or requiring the Company to underground new facilities or existing overhead facilities, or move, remove, or replace existing underground 21 e facilities, shall be responded to in accordance with the provisions of the Company's Line Extension Policy and Underground Conversion Policy. The Town acknowledges receipt of a copy of both policies. 12.4 Relocation of Underground Facilities. Nothing hereinabove shall be construed to obligate the Company to pay for the removal and relocation of its facilities where such is at the request or demand of a person, or a public or private entity under circumstances which require the party requesting or demanding such to pay for the relocation under other provisions hereof, or under the provisions of the Company's Line Extension Policy or Underground Conversion Policy. ARTICLE 13 MISCELLANEOUS 13.1 Changes in Utility Regulation. In the event new legislation materially affects the terms and conditions of this Franchise Ordinance, the parties agree to renegotiate the affected terms and conditions in good faith. The parties hereto acknowledge that regulatory and legislative changes in the electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other changes may be made in the future, during the term of this Franchise. One likely scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer for a fee charged to the other utility or the customer. The parties agree, that insofar as future changes in the utility laws will allow, the Company shall always retain the right to bill customers for utility transportation services and energy sales within the Town if it is the provider of either the energy product or the transportation of such product. The 22 j parties agree that this will provide the most efficient and convenient utility service to the Residents of the Town and provide assurance to the Town of franchise fee collection for each component charged for the sale and delivery of energy products within the boundaries of the Town. 13.2 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in this Ordinance shall inure to the benefit of and be binding upon the Company, its successors and assigns. 13.3 Representatives. Both parties shall designate from time to time in writing representatives to act as franchise agents for the Company and the Town. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party. Until any such change shall hereafter be made, notices shall be sent to the Town Manager and to the Company's General Manager. Currently the addresses for each are as follows: For the Town: Mr. Robert McLaurin Town of Vail 75 South Frontage Road Vail, Colorado 81657 For the Company: Mr. Kent Benham Holy Cross Energy P O Drawer 2150 Glenwood Springs, CO 81602 13.4 Severability. Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. 23 13.5 Entire A.2reement. This Franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Franchise. ARTICLE 14 APPROVAL 14.1 Town Approval. This grant of Franchise shall not become effective until approved by the Town..in accordance with its ordinances and the statutes of the State of Colorado. 14.2 Company Approval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen (15) business days after the final adoption of this Franchise by the Town. The acceptance shall be in the form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF VAIL, ON THE 4"' DAY OF MAY, 1999, BY A VOTE OF IN FAVOR AND AGAINST. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: Town Attorney Publication Dates: 24 FINALLY ADOPTED, PASSED AND APPROVED ON SECOND READING AFTER PUBLIC HEARING ON MAY 18, 1999. TOWN OF VAIL By: Ludwig Kurz, Mayor Pro-Tem ATTEST: By: Lorelei Donaldson, Town Clerk 25 EXECUTIVE SUMMARY OF HOLY CROSS FRANCHISE AGREEMENT GRANT OF FRANCHISE The franchise to Holy Cross Energy if for 25 years and includes an exclusive right to locate their facilities within the Town and to furnish, sell and distribute electrical energy to the residents and municipality of the Town. The grant includes right and obligation through all streets and public ways within the Town. Right to excavate, etc. must be in accordance with Town standards and regulations. Specific Elements of Grant. Placement of facilities on Town owned property requires written approval of Town Council. Company has right to trim trees, etc. Company will endeavor to install facilities within public easements and will restore at it's own expense damage to sidewalks and streets. Required relocation of overhead facilities to facilitate Town Public Works projects shall be at Company expense. Town and Company shall cooperate on capital projects. Rates, Regulations, Uniformity of Service and Upgrades. Rates shall be pursuant to Company's applicable and affective rates under terms and conditions in the Rate Schedules.... adopted by the Company. Company shall make improvements when reasonable and practical and take steps to provide adequate supply of electricity at lowest reasonable cost. Use of Company Facilities. The Town has the right to use overhead structures without cost. Town licensees, permitees and franchisees can use overhead facilities upon reasonable terms and conditions to be contractual agreed upon. Indemnification and Police Power. Company indemnifies Town against all liability or damage arising out of the operations of the Company and Town reserves the right to adopt such ordinances that may be deemed necessary in exercise of its police power. Franchise Fee. Has been at 3% of gross revenues collected from sale of electricity. Such franchise fee is surcharged to the residents of the Town. It is anticipated that 3% will result in $318,000 payable from the Company to the Town of Vail. Administration. Town, through its Town Council, may proposed amendments to the franchise by giving 30 days notice to Company of proposed amendments. Amendments must be mutually agreed upon by the Town and the Company. The Town reserves the right to condemn facilities upon payment of just compensation. Should Town determine that there has been a substantial failure of Company to perform, the Company will have reasonable time within which to remedy conditions. If not remedied, the ordinance shall be forfeited and franchise declared null and void. Company shall not transfer or assign rights without Town approval in writing. Community Enhancement Fund. Company commits to 1% of prior year's gross revenues being committed to a fund available to the Town for programs limited to: 1. Beautification project. 2. Energy conservation project. 3. Equipment and technology upgrades for schools. 4. Scholarship funds. 5. Acquisition of open space and/or park land and development thereof. 6. Sponsorship of special community events. 7. Undergrounding of overhead electric and other utility lines. Payment from funds shall be upon Resolution or Ordinance duly enacted by the Town Council. Undergrounding. Subject to Company's Line Extension Policy and in accordance with its Policy Statement, Conversion From Overground to Underground Facilities. V ' Buffehr Creek Lionsridge Loop 1999 Capital Street Project All Dollars Rounded Budget remaining to date 2,692,000 Base Bid Dow Construction 1,340,000 Alternate "A" Chamnonix Sidewalk extention 86,000 Alternate "B" Lionsridge Loop Sight Distance correction 110,000 Construction Mangement 160,000 Construction Testing 40,000 Construction Surveying 70,000 Design Engineer During Construction 20,000 Property Acquisition 20,000 Construction Subtotal 1,650,000 196,000 Contingency 180,000 20,000 Total 1,830,000 216,000 Total Base Bid with Alternates 2,046,000 PETITION AGAINST REZONING CHANGE AND SUBSEQUENT DEVELOPMENT OF VAIL MEADOWS FILING 2, LOTS 1 - 4 JANUARY 4, 1999 .FO Aer REA197% ESTATE OKERAGE ur Key to the Vail Valley" Kurt Davis broker/owner The Wre-1te 1 500 S Frontage Road East • Pail, CO 81657 970.476.8610.phone • 970.476.8637fax v INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing for second reading of this Ordinance set for the 3rd day of October, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of October, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2006 Mr. & Mrs. Kurt Davis 5165 Black Gore Drive Vail, Colorado 81657 SUBJECT PROPERTY - Vail Meadow, Filing #2, Lots 1-4, (5-12, minus 11) PRESENTING PARTY- Kurt Davis ADDRESS - 5165 Black Gore Drive, Vail Colorado 81657 BACKGROUND - I have lived and worked in the Town of Vail for 20 years. I built my present home in 1989 and also own and run a real estate office in the Town of Vail. PUBLIC CONCERN 1. Lots 1 - 12 under the TOV jurisdiction since the mid 70's have been zoned Agricultural & Open Space District. 2. The Elmore family as owners of lots 5-12 tried to develop said lots and were denied by the TOV of a zoning change. 3. The lots 5-12 excluding 11 the town bought as open space and down zoned them to a Natural Area Preservation Zoned District. 4. Lots 1-4 are on the market for sale and the present two owners are looking sell them & ultimately rezone them for development purposes. The TOV has these lots on the Open Space Master Plan. 5. Lot problems: a. Steep - The lots are a greater degree than allowed to build on, needing 1 acre of buildable square feet in order to build on. b. Saturated Soils - there are approximately 6 ponds above and along side these lots, the river, beaver dams, homes, and springs coming out the hill sides. On a heavy snow year or wet year the soils on this hill side have slid. c. Wet Lands - evidence of wet lands with willows, springs, ponds, river. d. Trees- large mature pine forest exist and would have to be cut out in order to build on lots 1-4. The root structure helps hold soils in place and if removed you will increase the instability of the soils e. Wildlife - there are 2 to 3 beaver homes and numerous other animals that make this area home or regularly use which borders forest service land. f. Infrastructure - No access exist across river to these lots, needed is a bridge, retainage, and all new utilities brought' across the river, all for a minimal amount of buildable square footage. In review, the Town of Vail has on their master plan this subject property as open space and has zoned it as such. In light of the above mentioned issues and the surrounding concerned citizens acknowledged in the form of a petition, we ask you to please not consider any zoning change that would allow development on this land for any reason. If the town agrees to buy the remaining lots 1-4 from the present owners and use the Real Estate Transfer Tax funds noted for open space lands, I would expect you to place these under same Natural Area Preservation Zoning District. I appreciate your time and listening to my and others citizens concerns with in this petition. Sincerely, Kurt Davis Home Telephone 970-476-0916 MITE RIVER ; . Y J NATIONAL FOREST ov T' b a, N H O USE: ~L O-,. ' E GIftG~E ff VVINT TOWNHOU G NO. I CORE 'f~, . HEATHER OF VAIL i• .P,. 0 0 0 'oo 0 a°° O °pO ' - \I pr 1~ rl,. ' i... VAIL MEADOWS O O O O O O O q KEL GAR LN \ 1!S q 00 0a0 O$O Q0 OOQOOp e~lf D;k FILING NO.-2 ° ° 000 0~ - pOM ° 00 0 O° O O° O C~pO p 11,4 N oT 1 &-r O0 0a ~O ®00 O 00®0p i II , dl.r'~v, ' ,u„ O O O O O O °p O °O 23i1 U~ 1 r4• / , ' .r 0 06 v ;0 (~o ~ d ° 0k 0 0° 0 0 0 0° oL A L fJf - 49 .0, NK A Oq O po 0p0o 0-0 O -3 °'1 > 00 0 O O ° ~ OG OI$ O ° ~ - ~ Mq ~ = / / / .w. A~u A 00 O° ° °O °0, o pV ° °0°00 °p° o 6000 00 0 0 ` o i O 000 O O 000 -~3i, \Iti ? - ~_`\rt O O> ° °D0 0 00000 V op° p ~9 0 S9~E GE" E I~ ° - r ° o° MEADOWS 1-1LING NO, I 23 EL)r,, ,v l1NP~ATi' •~~~i~ ' II • ~ ~ ~ ~ it i / ,1. llr. .1. J i TOWN OF VAIL ZONING LEGEND ® SINGLE FAMILY RESIDENTIAL DISTRICT TWO FAMILY RESIDENTIAL DISTRICT ® TWO FAMILY PRIMARY/ SECONDARY RESIDENTIAL DISTRICT 0 RESIDENTIAL CLUSTER DISTRICT 0 LOW DENSITY MULTIPLE FAMILY DISTRICT MEDIUM DENSITY MULTIPLE FAMILY DISTRICT ® HIGH DENSITY MULTIPLE FAMILY DISTRICT PUBLIC ACCOMODATION DISTRICT I~ SPECIAL DEVELOPMENT DISTRICT ® GENERAL USE DISTR?LT COMMERCIAL CORE I DISTRICT _ COMMERCIAL CORE 2 DISTRICT COMMERCIAL CORE 3 DISTRICT EM COMMERCIAL SERVICE CENTER DISTRICT AGRICULTURAL & OPEN SPACE DISTRICT mm~ NATupAkL AREA PRESERVA?ION ® HEAVY SERVICE DISTRICT DISTRICT © PARKING DISTRICT ARTERIAL BUSINESS DISTRICT SKI BASE RECREATION DISTRICT HILLSIDE RESIDENTIAL DISTRICT ® OUTDOOK RECREATION DISTRICT NOTE, ANY LAND , LOT, OR SITE WITHIN THE TOWN OF VAIL MUNICIPAL BOUNDARY WHICH, ACCORDING TO THE OFFICIAL ZONING MAP,DOES NOT HAVE A DESIGNATED ZONE DISTRICT, SHALL BE DESIGNATED GREEN BELT AND NATURAL OPEN SPACE ZONE DISTRICT November 25, 1998 Mr. Greg Mollet, Chairman Planning & Environmental Commission & Members Mr. Rob Ford, Mayor & Council Members Town of Vail .175 S Frontage Road Vail, CO 81657 Dear Greg, Rob and Fellow Members: Realtor and former PEC member Greg Amsden intends to request a zoning change in Cast Vail from agriculture to residential development for Lots 1 & 2 Vail Meadows Filing 11 on behalf of Richard I-Iolsten, owner. Contingent upon approval of this zoning change, Greg plans to buy the lots for the contractual price of $12$%000 and develop them or sell them to a developer. Lots 3 & 4 will in all likelihood also be proposed for this zoning change. The attached list of petitioners are vehemently opposed to this zoning change for the following reasons: 1. The Town of Vail bought the adjacent Vail Meadows Filing It lots just a few years ago to keep as Open Space. 2. It would be contradictory to now rezone these remaining lots to allow for development. 3. We believe these lots are affected by the 100-Year Flood Plain. 4. Wetlands and high water tables prevail throughout the area. 5. Unstable shifting soils exist due to heavily saturated ground and surface water. 6. Beaver ponds abound further evidence of wetlands. 7. The hillside slope, some with a 40% grade, slows signs of sliding. 8. Towering, mature pines might well be disturbed. 9. This is one of the few remaining pristine sites within the Town of Vail. 10. It is a wildlife habitat. Bears, even a moose, have been spotted there. 11. Every May, a pair of Mallard Ducks returns to nest there. 12. A red-tail fox forges for food along the banks of Gore Creek and Black Gore Creek. 13. Deer, including a doe with her fawn, play and eat in the daisy meadow. 14. No access to the site exists. A bridge over Gore Creek would be required along with invasive infrastructure. We plead with you to deny any zoning change from agriculture to allow for development. In addition, we would like to see you continue in the pursuit of purchasing these remaining lots for Open Space. Thank you for your consideration. 'Concerned Eagle County residents and Voters Print Name Print Address Signature Eagle County Registered Voter T S J 0.J 1.X frGC O ~.st n. R U S ~S Scow -1 6Tr S G A- ins r U i OGTEeLF_ Ye J10 e6 7 Avu~ / SOY- C,)/.r/ ,V I- a, $ J~,r cm'. S 19 7 a o•c~ re~r . - Z ` Vt S aox ~ 3 S IQ, 2(Z 5~ ~A C~ 13 1 iat j feg,cc ivy r yr°l2 IAZ (~ob 14 ro 15 )bw IL R~ i, aew~J_6197 C-- L v~vAly J17/ o ()o ~jb58-/e8 r) I L -qA vl Ave D2~z J c l l,- ~ 2 zY - S 21 (l l co-r Pv &w .,~?1' /kj 1 fz- ma,\Z~ IEO(I Vprt 22 23 24 25 I~ v Print Name Print Address Signature Eagle Count Registered Voter C-10 'vJ10 n.AS 2 Aizz K~c 'ttcl~ Jyf ',Ij C J4 r/ " '~ar~ C2 Q C s q.,eS ~ 4 /454 6 V* 14&, • VAI L t /p APL ^<z l Co c~~ C.G o ¢a ea A /L 1 kISU- SO' 74(,4 46?W Q ~S 11 s ~/~~eiS( ~o VA«- */Z-~S vn r L 12 fir; a D 5 viA/cL V,L Ala Ile, 041 a/ 1 M EKE A F H rA3 Sr-5 w6c& b/u t - 1 1 ~N ~&6-EP, V? I P)Y#66016- n war 2 SC 21~CGir 22 Si (AC te 4,vore 2 24 IE) Way 4f a- 2 ( l We the below signed parties of the Petition are against the resoning of Vail Meadows Filing 2, lots 1-4, East Vail from the present zoning of Agriculture/Open Space to Res'dQnt al zoning. 'Kint ame Print /address Signature Eagle County Registered Volel' . u Y c- -Lugs o q'3 Qq- J iL YES 7v nra D G x 235$ (C~ c ~S 12 r' ~o1tL~ t~-Z V c1~ P~ 9 oki"In'll A, 10 It,(6 r ee Ve Palk 3b63 -S 13 o v e v _ it. - r S c .16 3-3o r=, -j v /3 18 ZD 0 Z4~ ISY C, 44,41e, 20 21- 24 nz wc? 01 6 ~G OYl 25- Nhia VCS 2t 2-a 1^ cokoL Yes-5 { - We the below signe&.par.ties of the Petition are against the resoning of Vail Meadows ' "Filing 2, lots 1-4, East Vail from the present zoning of Agriculture/Open Space to Res'dgntial zoning. Went Name Print Address Signature Eagle County Registered Votcr t (ntr' Y\ r) 4 G?n: 9j~scc I l 75 ~0.3ox Ll acQ Yes 7 "VI -o. AE (Yy1'{? ?g -Ct Iv P0 $ 9 Yes . 10 af& A o 60X 8 a~ Yts 11 1`l ? i= ~r-ow~ + o !y gZ V,, ~Q NO 12 Pra_ Moises PO 3~'S E,4W/a-2pS Yes 11 ~~P~1C~ Go~~ PJVe~ Vv`? 9 ~6 14 - 6~1~ 04(Z-0 Lb v,br .15 ZL4~~ 7 6~-e Ve- 16 , -AL- -Z 17 `:4,. ~ , 2,)jLt ~ ~ogrrc~ o .18 ~ b 19 4 20 d a~~ o, 22 23 24 • 25 -We the below signed parties of the Petition are against the r.esoning of Vail Meadows Filing 2, lots 1-4, East Vail from the present zoning of Agriculture/Open Space to Res'dgntial zoning. Fruit Name Print Address Signature Eagle County Registered Voter • F 9 7 IAA 67 one ow ~-P•~ a 44 0 i . J ~~q~ ~1CL~tL 01^~ ~Y. ~S r r ' f Gr Sly Dr 3 10 13 s 1~1e-,1 Se~,s~ 5k'--n 81 AvAc-- 15 I vs S 7 - 18 19 20 21 22 23-- 24 • 25 Print Name Print AVress Signature Eagle County Registere Voter ~ 2 ~Je*- ff 54,'v o I'a7 P, a, ~oK X47 oF'~ Rc~ Co 8631. ~XSb 3/ 3 8'3g 44 t.~l 6 13 r. 8 bold AMM '~O 1Z t, Cc .K 6'J ~BOX7i~~~bIOIV WIGV Yi~~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Print Name Print Address Signature Eagle County ter oter ~S u~ Gl~ A ~v- 263 G,~v.Os 2 IN IJ i d C,1h I fi MJ '"r d, ~0 A I Z 7' U r hq"O Owl I _ t s Q S lk L[ e r ! D1- Q !/a CO 00 TO.,f w ~ ?r` ~ ~Gh~c~rOvt i ~ ~ ,v o . ScSVI rr 71~1 U&I lib r' nnz, a . a 01 ko Vl,~ ' Te." V6, 'I 12 V, . ~ vo =vim 1 P1 C'~~ft 1010 U O Vtei,,PF -I~?b VA, (I CO v Gov 14 L a Esc, t-V t V~ 16 r J,nn l.~ o-va-~ z I ~ a, ~on v v an /D /4/ Ak ,i es YES 18 I-pn U) Mnnolr 12 20 -)'1n1hI1j ~I nQ~i ~3 z f~vo n ('o 4 2 p VQ 21 ~AA a:D< ° Print Name Print Address Signature Eagle County Registered Voter 10 oy ?.t 2:L) VOJ kA a U o 0 4 C--f .F-lea CO . i u~l~ C t~ V c~^ e WCAI /4' 10 t r r-, 5 YEA . 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 Print Name Print Address Signature Eagle County Registered Voter n rt . Cc, c 6 S T~-y 6yA- 0o f ~ c • 8 y 9 10 11 12 13 4 15 16 17 18 19 20 21 22 23 24 25 ~~ciuuuu~u~UUU nLLRI 14LMU / TO: BLACK GORE DRIVE RESIDENTS (AND SURROUNDING AREAS) fr"i'i7 aP~ cviaus l?.~5, AJ 4 FROM: MICHELE D. DAVIS • HEATHER OF VAIL, #A-1 476-5224 / 476-7810 DATE: 10/17/91 RE: PROPOSED BLACK GORE DRIVE EXTENSION / LAND REZONING GOAL: TO KEEP OUR QUIET, SAFE ;CUL-DE-SAC AT THE END OF BLACK GORE DRIVE AS WELL AS PRESERVING THE BEAUTY OF THE CREEK/FOREST AREA AVOIDANCE: TO DESTROY THE NATURAL BEAUTY OF THE CREEK AND THE FOREST AREA AS WELL AS HAVING A MUCH BUSIER STREET WITH THRU-TRAFFIC AND A VERY NOISY SUMMER OF '92 WITH CONSTRUCTION CREWS AND MACHINERY. Attached please find a copy of the PROPOSED extension of Black Gore Drive and rezoning of land which is owned by Greg Timm and Doug Elmore. At this time, this land is zoned as "Agricultural Open Space". These gentlemen are tentatively scheduled for a 11/11/91 hearing to have this land rezoned to."Higher Density" which would allow the building of single-family, duplex or residential cluster units. As a property owner, I am very concerned and distraught at this PROPOSED extension which will not only result in the destroying of our natural creek/forest, but also will bring MUCH MORE thru-traffic to our nice quiet, safe neighorhood! I feel with the Black Gore Neighborhood voicing our concerns we will be able to stop this extension OR come to a mutually-agreeable solution looking out for the best interests of all • parties involved. I have also attached a listing of the names/addresses/phone numbers of the Vail Town Council Members. (There is not one specific member who represents our neighorhood.) I am urging all property owners, residents and tenants to PLEASE write and call these Council Members to voice your concerns. Also, please plan to attend the tentatively- scheduled 11/11/91 hearing or send a representative! IF YOU ARE RENTING YOUR ABODE, PLEASE NOTIFY YOUR LANDLORD/PROPERTY OWNER OF THIS NOTICE OR SEND IT TO THE OWNER WITH YOUR NOVEMBER RENT CHECK. Since many property owners reside out-of-town and do not visit their properties weekly, please make sure your neighbors and fellow condo owners are aware of this proposal If you would like to furnish me with a list or call me with a name and address, I would be Nappy to send J1 copy of this to all property owners Thank you very much for your support and concern. "THERE IS STRENGTH IN NUMBERS!" Attachments-2 Ivl~`1~ _ ~ Jar i..~:,,~ ~ \ ~ I i I ~ of I Woo? .1 's 7 Or aiT-~ N / I , for f o q o~ ~zCr? o o ti• I h ,p 4tv /00 6 MA nl, 15W,-1*511V hua4 0~ Voi/ MtdCdwr Fi/, / ii i Fx ? 1 1 ! ~ a / rl Jill !`~Y I L/S. fd/YJ~SQ/{' ` /CE Lv/tf f; \ f {f, f\\ ~ uffti \ S, I ~ ~-T ~OP[ir'y Lin! G'a:, ? G~7 _ y f! ~ . ,y 5t.; ~ ~ /{a • C¢.~'.rl/:/i _ {'alcv d/C 'hcvy hold - ' a,H'lM',G,~tur > li~~ a~`i j• Y (3 /!'4I'/J" /7.1' 0/y!~ d<'..r 13 n'JJ'/o-...__ /t A'' J71II 4V# rz 07 % 1 x~/ ' C I //J'Ir0'JJ ff AF11 f./1 Nf~J ...i_ ! SI'!/" /tJ' !Mf/! N' N/OSJ3/ 11 /0 /9 IV 19" /tJ' X14./S~ O.oA• Nl!'/1'1U"l 214V '141 N?1'3f'O* /1l' 70 7f - .'.tip- I ~ I~ eII Schedule a A,•¢a-y of Na ,1quv.v ¢ef Ael O167d1 02117 20 _ 0,110 I V ;1' i?9s?.1f 0.291/ I \ ~ III fS~•c _/331J.9B 0.90A' I " ~ z~r~~zs • a~ws a7XJ /?96.61~'~sl~f'rvwJX6/ii Cw ~a,'~ c~a!\ } ; ,r , i•ZBIJ~CN;' Q!d!! \ i / Af C'onxt.'i'3''' ` _ 9At Ao a4l~ PYVIFIF, san'.fL,ne ,vlvli Sec/B Trul ~di.»s af'Alyin~li~ Sh'u1 N;fa71 0.181! 7v v/ .11709141 7.l01b TOWN COUNCIL MEMBERS Name Spouse/Bus/Res Term Term Mailing Address Home Address Begin Expire Kent R. Rose, Mayor Rayma/476-6340/3375 11/83 11/91 P. 0. Box 2101 1881 Lionsridge Loop #3 Vail, CO 81658 Fax: 476-6782 Thomas I. Steinberg Florence/476-5427 11/87 11/91 Mayor Pro Tem 1022 Eagles Nest Circle P. 0. Box 13 Vail, CO 81658 Lynn A. Fritzlen William Pierce/476-6342/7060 11/89 11191 P. 0. Bo 57 2998 South Frontage Road West Vail, CO 81658 Fax: 476-4901 Jim J. Gibson Nancy/476-0742/0742 11/89 11/93 5137 North Main Gore Drive Same Vail, CO 81657 Merv Lapin 476-5483/5483 11/87 11/91 232 West Meadow Drive Same Vail, Co 81657 Robert M. Levine 476-2471/2471 11/89 11/93 • 680 West Lionshead Place Same Vail, CO 81657 Fax: 476-4146 Margaret (Peggy) A. Osterfoss 476-1730/0503 11/89 11/93 c/o Columbine Creations 4010 North Frontage Road East 143 East Meadow Drive Vail, CO 81657 Rondall V. Phillips Karen/479-2100/6656 Town Manager 2507 Arosa Drive P. 0. Box 1322 Vail, CO 81658 DEPARTMENT HEADS Public Works/Transportation Director Pamela Brandmeyer, Assistant to the Town Manager Dick Duran, Fire Chief Larry Eskwith, Town Attorney Annie Fox, Library Director Ken Hughey, Acting Chief of Police, Assistant Town Manager Kristan Pritz, Community Development Director c:\Councii TOWN OF VAIL 479-2100 • MR. ANDY KNUTSON TOWN OF VAIL COMMUNITY DEVELOPMENT 75 South Frontage Road Vail, CO 81657 479-2138 • ! ~ 1~ • ~ fir. r • ~ ~ ''tai , ~ s ll~r~ c %-'MC.ATKLfl QEti~Jn ~111E. Photographs of Vail Meadows, filing 2, sensitivity issues. This photo is directly above lots 1-8 showing 3 of 6 terracing beaver ponds that saturate the soils. The lowest pond borders lot 1. ` •y¦ ~ ~ q• r. lit ) i yJ- r ~ Y•1 T r. 7 R • , i ' I 9ii- t ~ l s ~ y'_. s _ r hT IC, Ap- JT 1 ! " Y e RRRM Apo' ~ 3 rt This photo is one that looks across at lots 1-4 which shows the steep hillside, mature pine forest and evidence of wetlands. ti +S ~wFe. ~ tA% r .1 L Frl,t ••TTLr• , i' ~c 4jy? 4.4 _ .Y ~ , ' ~'Yt j S' ~ ' ~ ~w ' I~~ / ~ F ~ ' . yet r a is ~ ~ ~y'•i41•. 1F- - ~ ,»r . RBI. • 1 ,t,l~ {WI ,,1 Llr} 1 ,1 0 ~1 1 i ir 'xl,~li i~P" II k11,1 f ,~~'.~M1 il.(. , .'Q~ gP~liM F ai /tt. 11k 1, ; { Lr.e. Beaver Dam, willows and Black Gore river basin that border lots 1-12, of which TOV has zoned 5-10 & 12 as NATURAL AREA PRESERVATION DISTRICT. Ole y a ar F~ a . IL Lit /:.i~l tl / ' - ~ `,P~.'1 A F?N~J3...~~y1''` ~ ~.a ~ ;4~,. f `~,~pl~i 4 ~ 4 ,rl, .I ~ a?/fit i~,~~ ~~,i ; ~?11iE~ . Ith Evidence of subsurface ground water with a spring coming out of hill. This is a large pond which 0, is heavily surrounded b willows that borders Lot 1. i~' - - ,t ..r'- 1r, 10 w a ~r *k A It ; le 41, Qj, t'ro r -4 ~rt ~p.~k'?, ~ i ~~a +t~r ~~r``tr~!.i~4,~s y _ _ ~ e~,~ ?.cY ~ .t~+1 rte ~ it:~l~°QC" ' ~ .~/?~i :4'.1 ~ :.r ~.y', 41+ ~V4' 4a"Y~ -~~,f Qr~ ~~~1PT A e ~ ~~'C~"h„a f..L~ w i y .r Ott 44 r1 I1 I~ae k~ ` frl d•r .,:~~d~.,ry 'r~,iy''r' ~4.~.J- ) }C ,:lam ~%Y,'y`,rI > .:'•~,j'~''F (~Ak' r lie 14 ~r . M r a. i ~ {!A. 't4"~ ...,1 ~~1 ~ '~`7 1'S' a r~'4 Graf' ~I/P ~ .8 t .t v, Q~ r ti.1 ~r 'If IYA. ~y ? '`,q~/ ? r/l~fr/~¢~ r 1 Off ~"x' ~ r~ L RAM ~,~v ~_Mr~ ,~'y •`.v 1;~. ;ek,'! fir;. f' ~5,: . ~~.c'.„t 4• ~ ''`"6, ~y~!' / E°j ;(.1~~ ~ ?i~' ~ '~Y>r//~~~}'. ji~'I~T.e " J a~i ,y @', ~w~.eg=,a~`¢~ . ',~i~, a r it . Mature pine forest that View of Beaver home with lots would be cut out to in the back ground. build on lots 1 & 2. R;r F e ' t. "aPrt. i t w q t M a ' ' t Alir yL ''~a Town of Vail has proposed employee r 4, housing on lots 9 & 10. These are photo's of the steep pitch on those lots. The lots were purchased as open space & then changed the zoning to Natural Area Preservation District. G ws t_ LV. ~ t 11 yy . - _4 . JCry a~aLF' ,•I rf 1,Y4 k` F ~ - ~ ~ ` ~i' d` .try ys- L44;_s ,G~.. :mow; J q lip AIN Ilk This photo shows lots 9 & 10 and The Eagle River Water plant on lot 11. The large construction equipment including Semi-trucks with full length tractor trailers are frequently stored on lot 11 and used by Eagle River W & S. This leaves very little or no parking for residences and does not mix well with residential housing. These lots are Zoned Natural Area Preservation District and do not have easement access presently. I t n in t. ~t,:4:y+ . ~~r'• 1 i1j~~ is p n J T _ ~ I as 9 • A Brief History of Vail Meadows Filing No. 2 Vail Meadows Filing No. 2 was approved by the Eagle County Commissioners on March 4, 1974, and the plat was recorded on April 26, 1974 in Book 234, Page 436 in the records of Eagle County. The zoning was specified on the plat as duplex. Mr. Holsten acquired the land on December 4, 1974, from the original developer, Vail Meadows, Inc. (David Elmore). The following year, the Town of Vail passed Ordinance No. 1, Series of 1975 "An Emergency Ordinance Imposing Interim Zoning on the Portion of the Bighorn Area Annexed to the Town". The portion of the Bighorn area referred to in this ordinance included Gore Creek Subdivision, Heather at Vail Subdivision, and Vail Meadows Filings No. 1 and No. 2. The Town of Vail then passed Ordinance No. 3, Series of 1975 "An Ordinance Imposing Zoning Districts on the Portion of the Bighorn Area Annexed to the Town of Vail and Amending the Official Zoning Map". The Town of Vail placed Agricultural/Open Space zoning on the Vail Meadows Filing No. 2 Subdivision and zoning maps published by the Town of Vail thereafter did not recognize Vail Meadows Filing No. 2 original zoning status. This was in direct conflict with both the recorded plat (Residential/Suburban Medium Density - Duplex), the Town of Vail Master Plan (Residential - Single Family), the current Agricultural/Open Space zone district and the densities and uses on adjacent properties annexed into the Town of Vail at that • time. In February, 1990, the original developer began discussions with the Town of Vail regarding rezoning and development of Lots 3 through 9 and Lot 12 (Lots 10 and 11 are owned by Eagle River Water and Sanitation District), Vail Meadows Filing No. 2. On August 2, 1991, the original developer filed a "Petition for Amendment to the Zoning Ordinance, Town of Vail" asking for Residential Cluster zoning. During the next two years, the Town of Vail entered into negotiations and purchased Lots 5 through 9 and Lot 12, Vail Meadows Filing No. 2, along with other properties in the Vail Valley owned by the Elmore family. The recorded transfer price was $250,000 but there were also tax benefits to the Seller involved in this transaction. The Town of Vail then placed these lots into the Natural Area Preservation Zone District (no development allowed). The Town of Vail recently passed the Common Grounds Ordinance which allows development of employee/locals housing on "designated parcels" within the Town of Vail without application of existing zoning codes such as setbacks, density requirements, etc.. Lots 10 through 12, Vail Meadows Filing No. 2 are "designated parcels" for potential development of employee/locals housing under this ordinance. • Cc: Rob Ford, Mayor Members of the Vail Town Council John Schofield, Chairman of Planning and Environmental Commission Members of the Planning and Environmental Commission Gregory M. Amsden 2635-B Larkspur Lane • Vail, Colorado 81657 November 30, 1998 Re: Lots 1 and 2, Vail Meadows Filing No. 2 Dear Concerned Citizen: I have been provided a copy of a petition, including your signature, requesting denial of a zoning change which I am considering (an application has not been presented to the Town yet) for a parcel of land located adjacent to the Heather of Vail Condominiums at the end of Black Gore Drive in East Vail. I would like to provide the neighborhood with my ideas on improving this parcel and receive input from you as individual property owners prior to submitting an application to the Town of Vail. I believe there is an opportunity here to control density and provide an aesthetic access to the National Forest lands which serve as a background to this private property. Dick Holsten is the owner of the parcel. Mr. Holsten recently listed his lots for $125,000 with • Mountain West Real Estate. I presented Mr. Holsten with an offer to purchase the property . that was not accepted but in the subsequent discussions, Mr. Holsten and I decided to form a partnership to confirm the original zoning and development rights on his lots (see attached history). The original density granted by Eagle County was duplex for each of the two lots. Excluding those lots purchased and rezoned by the Town of Vail in 1994, the lowest density present on lots in the adjoining subdivisions of Vail Meadows Filing No. 1, Gore Creek Subdivision and the Heather at Vail Subdivision is Primary-Secondary. I am suggesting that the lot line between Lots 1 and 2, Vail Meadows Filing No. 2 be vacated to create a single Primary- Secondary lot containing 21,763 square feet. The Town of Vail planning department requires an applicant to provide the following documentation for review of such a request: 1. A topographic survey showing the following items: a. Location of the 100-year flood plain. b. Any areas containing slopes in excess of 40%. c. Proposed building envelope. d. All easements and rights-of-way. e. Location of the 50' Gore Creek setback. f. Topography of site in 2' intervals. g. Lot size in both acreage and square feet. • Residence: (303)-479-0337 Fax: (303)-479-5278 • 2. A letter from a registered environmental engineer regarding location of any wetlands on the subjcct property. Wetlands are specifically defined as the presence of wetland plant species as located by an environmental engineer. 3. An adequate access to the property from a public right-of-way must be shown by the applicant. 4. A confirmation letter from local utility companies stating that utilities are available to service the proposed use. A platted right-of-way currently exists through the Heather at Vail Subdivision. A bridge is necessary to access the proposed lot. This bridge could be kept to a smaller "driveway" width (12'-14') dependent on the zoning granted and fire department review... it could also include pedestrian access to the National Forest with creation of a recreational easement. I am interested in contributing additional landscaping on properties owned by the Heather at Vail Condominiums on both sides of this bridge and right-of-way. I would not attempt to proceed with this development if I did not feel that each of your concerns stated in November 25, 1998 petition could not be adequately addressed. Many of your concerns can be addressed by the survey and studies required in the review process. Wildlife is part of our lives in the Vail Valley... it is an asset to our community. For those of you who know me, I have always been an advocate of wildlife and its preservation. I have • flyfished the entire Gore Creek drainage over my 19 years in the Vail Valley and witnessed all the creatures mentioned in your petition except moose while wading this stream. The development of this lot will not affect the existing ponds and it is not going to adversely affect wildlife... no more than the construction of the dwelling unit in which you currently reside. Lots 1 and 2, Vail Meadows Filing No. 2 are privately owned properties legally platted in Eagle County. I encourage both the Town of Vail and those concerned citizens to make a contribution to their community and purchase this parcel prior to the beginning of the proposed review process. The survey has been ordered and will be completed by mid- December... it will show the lot corners and the location of the platted right-of-way for Black Gore Drive. Should you decide not to pursue the purchase, I encourage and welcome your feedback regarding my ideas for this parcel. Thank you for your time and interest! If you have any additional questions, don't hesitate to call me at 476-8610. Sinc ly, --Gregory 9A,msden VAIL TOWN COUNCIL - MINUTES TUESDAY, APRIL 6, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, April 6, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Pro-Tem Bob Armour Michael Arnett Kevin Foley Michael Jewett Sybill Navas COUNCIL MEMBERS ABSENT: Rob Ford, Mayor 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. Scott Magoun, a former Town of Vail bus driver, appeared before the Town Council and stated he wanted answers. He thanked Bob McLaurin for his letter but said the letter didn't answer his questions. He asked if Vail Associates had reimbursed the Town. Bob McLaurin, Town Manager, explained to the Town Council that a counter-suit by the Town of Vail against Scott for reimbursement of property damage was dismissed once they learned there had been a mistake. He apologized to Scott. Scott stated he was upset that he had not been reimbursed for legal fees he incurred. Scott wanted to know if the Town of Vail had been reimbursed or not. Bob McLaurin asked Scott to submit any claims he had to the Town. Scott said he was upset that this issue has taken 14 months to process and the cost of the legal fees. Council member Mike Jewett asked what was the cost of Scott's claim. Scott said it was almost $1,000. Scott said at his trial, Susie Combs testified that the Town of Vail insurance paid this claim, but the letter states Vail Associates paid the claim. Further discussion ensued. Council member Mike Jewett said that Scott should submit a claim in writing, to the Town of Vail. Scott Magoun asked how this mix-up could be prevented in the future. 1 Vail Town Council Minutes April 6, 1999 .s .,,I\f, . Div J.:i:::a;:..: Bob McLaurin asked if Scott had ever called his office to discuss the matter. Scott said no he didn't. He was never-fold he dd~ld' call Bob'fo discuss. Bob: McLaurin stated again that he was 'sorry this'happened and said that we ail make mistakes: - _ W : . The second item on the agenda was ,,the, cQnsent agenda. A. Approve the Minutes from-thelm'ee"tirigs=of March 2 and 16, 1999. " Council memberSybill Navas-made;a motion to approve the minutes of March'*2 and i1'6, 1999, and was seconded by Council member-Bob Armour. A vote was taken and the rn6tion"'pass`ed unanimously, 6-0. . rte. ~..a... ::1. B. Proclamation No. 1, Series of 1999, Re: Building Safety Week. Council member Bob Armour made a motion to approve Proclamation No. 1, Series of 1999, Building Safety Week; Council member Sybil[ Navas seconded the motion. A vote was taken and the proclamation was approved-unanimously, 6-0. The third item on the agenda was the appointments to Design Review Board. Ludwig Kurz, Mayor Pro-Tem, thanked all the applicants who applied for`the open positions on the Design Review Board (DRB) and the Planning and Environmental Commission (PE(j).' He stated there are two open positions on the Design Review Board each with a term expiration_ date of March 31, 2001. The Council members voted by written ballot. Council member Sybill Navas made a motion to appoint Melissa Greenauer and William Pierce to the Design Review Board, and Council member Bob Armour seconded the motion. A vote was taken and the motion passed unanimously, 6-0. 'The fourth:-item on the agenda was the. appointments to Planning and Environmental commission.; Mayor Pro-Tem;: Ludwig 'Kurz, explained there are three open positions on the Planning and, Environmental Commission each with a term expiration date of March 31, 2001. The Co6hccii members voted by written ballot. Council member Sybill Navas made a motion to appoint Doug Cahill, John Schofield, and Chas Bernhardt to the Plannii'ig and Environmental Commission; and Council'ri 4m-6er .kevin;Foley.., seconded the motion. A'vote was taken and the-motion passed unanimously; 6=G': LudwigrKurz, Mayor Pro-Tem stated the DRB 'appointrnents begin on A-pril'26; `1999 and'the PEC appointments start on April 21, 1999. 2 Vail Town Council Minutes April 6, 1999 The fifth item on the agenda was an update on the U.S. Forest Service (USFS) Control Burn. ,ter - Dick Duran, Vail Fire Chief, explained the purpose of the controlled burn and that all the surrounding fire departments:: are willing to,help with the, burn. control: Phil Bowden, a representative from the USFS:;explained in further detail the specific areas of.* the controlled burn, and how the USFS decided which areas to burn. He explained there ,would be a reduction of the speed limit from East Vail to the Main Vail Exit to 50 mph during and after the burn for approximately 24 hours. He said sites two and_three on-the map are the burns they plan to do this spring. Area one is slated to be an autumn burn, and site six will be done when there is moisture around. The USFS needs the Town; of.VaiI's-permission because part of the burn is on Town of Vail property. There is approximately 17 acres in site three that belongs to the Town of.Vail.,.Sites four and five will be cuts ;only in late auturin_when there is,snow. No `bi~oadcast;biarning will be done on sites four, and..five, only cut and pile,. then burn. Timing of the burn will riot be next week but possibly the following week. The schedule is highly weather dependent and if the conditions are not right, the burn will be postponed until the weather is optimum to permit the burn. Phil Bowden also explained why the USFS is doing the:controlled burns. The USFS:is trying to improve the bighorn sheep habitat by clearing downed timber., The bighorn sheep have a hard time moving through downed timber. The burn is also- necessary to reduce the natural fuel near homes in site six, and to allow for sprouting of new aspen in the area. The aspen are in a decline and sprouting will occur for:aspens and the new growth will be more fire resistant. The USFS will execute the burn safely. They have done quite a bit of planning and studying on how to accomplish the burn effectively and safely. The prescription of the burn is set so it doesn't burn too. hot. Sue Rychel, a local resident, stated she is against the burn because of the unusual dryness of this winter. She asked as the fire burns uphill and there are 65 people below the burn, who will be up on the north side so the fire doesn't get away from them. And the second question is..,, who will remain on-site so the fire doesn't start again. Phil explained that sites two, three and six will all be burned when there is snow cover or heavy moisture so the fire stops in the snow. Site one is more unique, site two will have already been burned so the lower portion will be contained and is one of the parameters. Hot spots will. be manned until the smoke is out and this is in the controlled burn plan. Coordination of the burn will be done so the media is informed and people are aware that. the burn,is still going on, fo.r a while. This is also part of the plan. - , Sue asked what happens to the animals in the area. Phil explained the.burrowing animals will. go underground, and the. larger animals. will flee.. The fires will be done in strips starting on top using drip torches, dripping fire along the strips. Sue asked about-the,snakes and mice and if the fires would..force them out of their homes and into houses in the area. Sue Dugan, a local resident, quoted Tom Johnson, a wildlife biologist, on not being a "test 3 Vail Town Council Minutes April 6, 1999 case" and also quoted from a newspaper article from-the April 9, 1997 issue of the Vail Valley Times by Greg• 14u u,gian,, a biolggist -Wth,regard to: ,the potential for mud slides. Council. member: Bob Armour asked to refresh. his: memory and wanted to know more about the newspaper-article. Sue Dugan said mudslides are a real danger and she is worried about the root systems and mudslides if they do a burn in the area. Phil explained all of this has been considered and the concern of mudslides has been mitigated in the plan. Mayor Pro-Tem, Ludwig Kurz, said.he_lives in this area and the mudslides were'caused-by downed timber that allowed for accumulation of.moisture which caused the mudslides.", - Sue stated she had spoken with twelve other-people in the Booth Creek area who are against the burn. Council member Mike Jewett asked if winter conditions were less than normal, and if the low snow pack will effect the burn. Phil stated the controlled burns would not take place unless there is snow and moisture. Council member Mike Jewett asked what official capacity does the Town of Vail have on this controlled burn. Bob McLaurin, Town Manager, said the issue before the Town Council is approval of the controlled burn on the Town of Vail property only. Council member Mike Jewett said the other areas that are not on Town of Vail property are not within the scope of the Town of Vail to control. Further discussion ensued. Council member Mike Arnett asked what would happen with an uncontrolled fire, given the amount of stored fuel already on the hillside, what are the risks. Phil said wild fires are a higher risk, the steep slope makes for a high potential for an uphill fire but if there was a down slope wind, the fire would be a threat to homes. Site six is a higher risk an wildlife is at higher risk: - ~ . - Council member Kevin Foley asked if the environmental assessments were done last year. Phil stated that the environmental assessments were done last April, and there were many public meetings also. Ludwig Kurz, Mayor Pro-Tem, said there was at least one, if not more, site visits also. 4 Vail Town Council Minutes April 6, 1999 Gina Whitten, a Booth Creek resident;,,said?thgre.we e:rrieetings`two yeaft'iNgo~and'said there was not any written notice given to homeowners in the area. She said previous notices in 1997 were sent two days before the meeting. She'.said there was no notice serrt" d-homeowners of any recent meetings on the controlled burn. She is also concerned about the fire getting out of hand, smaller animal safety and the possible smoke damage. What will the smoke do to the furnishings.and homes in,the area, how will. it affect infants,; old people, and asthmatics. Who will take care of those expenses? Ludwig Kurz, Mayor Pro-Tem, asked the wildlife biologist to address the issues of what the controlled burn will do. : - Tom Johnston, a wildlife biologist with the USFS, stated there are four objectives to the controlled-burn. One of the objectives is to decrease the,-amount of downed aspen in the area, and to allow for the bighorn sheep to go into the: rock band area. He stated the Division of Wildlife proposed this burn in 1996. A second objective is to try to increase the brow species like sagebrush, other bushes, etc.; this will sprout'food for the animals: "A third objective is to increase the aspen clones because the aspen are dead and/or dying and the USFS wants to regenerate them and the fourth objective is to reduce the natural fuel loading so it decreases the chance of wildfires. He also said public notices have been in the paper a couple of times, there have been three site visits, and three meetings. Tom said he has the list of people who were sent notices and could tell the Town Council who was sent a notice if necessary. He also stated this burn is approximately 30% less than what was originally planned. The original plan called for 1,600 acres proposed to be burned. . Mayor Pro-Tem, Ludwig Kurz, asked what happens to the small animals after the burn. Tom Johnston said if they are talking about field mice, and such, the wildlife is smarter than we give them credit for. Smaller animals burrow down, and the larger animals move out rapidly. Most small animas will go down into their homes. There will be some mortality but is will not be significant. ,Mayor Pro-Tem Ludwig Kurz asked about smoke damage. Tom said the, intent is not to smoke out the valley. The goal is to get it up and out of the valley, the burn will start early, approximately 9:00 a.m. and go through 3:00 p.m. So there vuould be little to no residual smoke. One of the USFS jobs will be to lift and move it out of the valley. SUe Dugan, asked if this was the first burn in the area. Tom stated that there had been other burns, behind Eagle in 1996 -1997, and behind Gypsum in 1995. Further discussion ensued. Wolfgang Mueller, a local resident, asked what needs to happen to protect the homes in the area. 5 Vail Town Council Minutes April 6, 1999 Dick Duran, Vail,•Fir.,,1Ghie-c-.ahapked•the,_QSFS10r~keeping everyone informed. He considers the USFS to be professionals andthey know, what.they•are doing. These are slow moving fires and he has seen them work before and said they have the resources needed and they know where to find more if it is necessary. The town has been talking to the USES about this for three years. Council member Mike Jewett asked the fire chief.if.burn site three goes toward homes. Dick Duran said there were no structures in that area. Council member Mike Jewett asked who would pay for damages to homes if the burn gets out of hand and what about older people, infants, evacuation, etc. Dick reiterated the USFS and the Fire Departments know how controlled burns work. They have a plan that is detailed and extensive. There will be fire equipment available to protect the homes, if necessary and there is insurance.. Bill Wood, a representative from the USFS, said people have an opportunity to make claims to the USFS if something happens. He also said that the smoke is intended to disburse up and there should not be any health problems. However, if people are affected by the burn, they can file a claim. The USFS can't guarantee that people won't be affected. Council member Sybill Navas said she has more trouble dealing with beetle-kill areas. She asked why the burn wasn't done last year. Bill Wood said the burn wasn't done last year because of various concerns expressed by members of the community, so the USFS postponed the burn and did more research, analysis" and redesigning of the project to address the issues that were raised. Tom Johnston said if they could regenerate the aspen in site six within two to five years, he couldn't see burning that area again. The upper left-hand corner is for the bighorn sheep and shrubs for other animals. He said a controlled burn should be done in shrub areas every 30-40 years. Bob McLaurin, Town Manager, stated the control burn makes sense to him because he lived through the Yellowstone Park fire. What drove the fire was available natural fuel. His concern is the accumulation of the fuel and the possibility of this starting a wildfire. He said there have been fires started by lightning and wind and the Town of Vail is not interested in letting a wildfire happen here. Dori Blodgett, a resident of Booth Creek, said she would like to see all the areas cut and pile type burns so it would be safer. Her concern is the rapid weather changes and how could they predict those changes. She also stated that she has never been notified during the three years that this process has been going on. Council member Bob Armour said he understood the reasons for the controlled burning of the adjacent 17 acres of Town of Vail land for ease, control and safety. 6 Vail Town Council Minutes April 6, 1999 Council member Bob Armour made a motionlo<6pprove:th6,c-6htYoli€~lRu~~ f the 17 acres of Town of Vail property. Council member ftike,Arnett seconded the motion:',,' Further discussion ensued. Council member Mike Jewett was against the motion. He said there is not a good track record in the valley for controlled burns and is concerned about liability. Is the Town of Vail liable if the burns go out of control. He is not satisfied the corner of site three is necessary. Council member Kevin Foley is against the motion stating he is concerned with the possibility of the fires getting out of control. Mayor Pro-Tem, Ludwig Kurz, reiterated that the burns would not take place without the proper controls and conditions in place. Chief Dick Duran, agreed with Ludwig and stated that is the case. Council member Sybill Navas said she is in favor of the proposal because the fire department personnel are the experts. She also said there are not going to be aspens in the area in the near future and the bighorn sheep will not stay if they don't do something now. The USFS has the expertise and knowledge on how to keep them here. Council member Mike Arnett said he would be more comfortable with 65 professionals on-site, on an ideal date and time with the best conditions possible than to see a wildfire. Mayor Pro-Tem, Ludwig Kurz, is in favor of the controlled burn, and echoes most of Council member Sybill Navas' comments. He stated there had been adequate public notices in the newspaper and many public meetings over the past two years, a few site visits with citizens. He said that with the 17 acres of Town of Vail property included, the USFS has an opportunity to control the larger control burn area better. Council member Mike Jewett asked what the liability would be for the Town of Vail if the burn got out of control. Tom Moorhead, Town-Attorney, stated there is no liability to the Town of Vail by passing the motion. Council member Mike Jewett asked Tom what is the legal basis for his answer. Tom said the motion wouldn't set the fire. Mike Arnett called the motion. .Council member Bob Armour made a motion to approve the 17 acres of town-owned property to be included in the 250 acre controlled burn in the Booth Creek area as requested by the USFS. Council member Mike Arnett seconded the motion. A vote was taken and the motion passed, 4-2, with Council members Mike Jewett and Kevin Foley against. 7 Vail Town Council Minutes April 6, 1999 A five-minute breal;uvs take n, at-8-,50 p- M',., The sixth item on the agenda was Resolution No. 5, Series of 1999, A Resolution Adopting The Plan For Arosa/Garmisch Annexation, An Area Within Three Miles Of The Town Of Vail Boundary, Being 2.66 Acres More Fully Described As An Unplatted Portion Of The SE %4, SE SE '/4, SW % Of Section 11, Township 5 South, Range 81 West. Russell Forrest, Community Development Director, said the Town of Vail is applying for an annexation and zoning on property which was previously unzoned. This property is owned by the Town of Vail having been obtained pursuant to the Land Ownership Adjustment Agreement (LOAA) with the United States Forest Service. Tom Moorhead, Town Attorney, explained the Colorado Revised Statutes ((CRS) sets forth the procedure for annexation. Section 31-12-105, Limitations, requires that the municipality shall have in place a plan for that area to be annexed, which generally describes a proposed location, character, and extent of streets, playgrounds, parks, grounds, open spaces, utilities and the proposed land uses for the area. He explained that with a unilateral annexation, it only needs to meet the criteria of the (CRS). Per the CRS this process does not need to go through the voter approval process but it does need to go through a second reading of the ordinance. Council member Bob Armour made a motion to adopt Resolution No. 5, Series of 1999 and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was first reading of Ordinance No. 7, Series of 1999, an Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details In Regard Thereto. Allison Ochs, Town Planner, said this is an ordinance request in conjunction with the previous Resolution No. 5, Series of 1999 allowing the Town of Vail to proceed with unilateral annexation and zoning on property which was previously unzoned. This property was obtained by the Town of Vail pursuant to the Land Ownership Adjustment Agreement (LOAA) with the United States Forest Service. The Town of Vail is requesting annexation and zoning of outdoor recreation of this 2.66 acres, generally located on the North side of Arosa Drive, and abutting 2497 and 2487 Garmisch to the East and the Town Manager's house to the West. This annexation and rezoning-further implements the Town of Vail LOAA and portions of the Town of Vail Comprehensive Open Lands Plan. This is one of a series of annexation/de-annexation and zoning procedures that the Town of Vail will be pursuing as a result of the land exchange with the United States Forest Service. This annexation and zoning recommendation is proceeding in conjunction with the Arosa/Garmisch employee housing planning process. This land has been identified as the site of the Arosa/Garmisch neighborhood park. The employee housing and park will be developed simultaneously, as part of the same development plan. Tom Moorhead stated the criteria necessary by CRS have been met. Council member Bob Armour made a motion to approve Ordinance No. 7, Series of 1999 on first reading, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. 8 Vail Town Council Minutes April 6, 1999 The eighth item on the agenda was first reading of Ordinance Nb?'`$, 3eries'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; Applying Zone District Designation To A Portion Of Unzoned Property Previously Owned By The United States Forest Service And Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section 12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497 And 2487 Garmisch To The East And The Town Manager's House To The West More Fully Described As An Unplatted Portion Of The SE SE Y4, SE SW % Of Section 11_, Township '5 South, Range 81 West. Russell Forrest, Community Development Director said this was a request to amend the official zoning map to apply Outdoor Recreation zoning to the newly annexed property in conjunction with Ordinance No. 7, Series of 1999. Council member Bob Armour made a motion to approve Ordinance No. 8, Series of 1999 on first reading, and Council member Mike Arnett seconded the motion. Council member Mike Jewett asked Tom Moorhead about the charter process to place the land into protected open space status for use as a neighborhood park and to pursue this soon. Tom Moorhead stated this designation requires a recommendation to the Town Council by the Open Space Committee and then would need to be voted on and approved by three-fourths of the Town Council. Council member Mike Jewett spoke in favor of the ordinance. Further discussion ensued. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was first reading of Ordinance No. 9, Series of 1999, an Ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497, 2487, 2485 and 2477 Garmisch Drive, also known as Lots 1, 2, 3 and 4, Block H, Vail Das Shone, Filing No. 2. Allison Ochs, Town planner, stated the Town of Vail is applying for rezoning on Town of Vail property, which is currently zoned primary/secondary residential to residential cluster. This property is owned by the Town of Vail and is the site of the proposed Arosa/Garmisch employee housing and neighborhood park. The current plan is to construct a four-plex and duplex primarily on Lots 2, 3 and 4. A neighborhood park is planned for Lot 1 and the land to be annexed to the west. The proposed zone district is compatible with and suitable to adjacent uses, is consistent with the Town's Land Use Plan and zoning regulations, and is appropriate for the area. The Town of Vail purchased these four lots in 1990 and at the time of purchase identified them to include a neighborhood park, open space, or employee housing. The 1994 Comprehensive Open Land Plan states that the land should be used for a public use, which includes employee housing. On January 26, 1999, Council approved a concept consisting of a four-plex and duplex on the east side of the lot, with a neighborhood park on the west side of 9 Vail Town Council Minutes April 6, 1999 the lots and on the land.acquired.in the land exchange with the United States Forest Service. Current zoning would allow 8 dwelling units. The purpose of this rezoning is to cluster 6 dwelling units to maximize the land available for a park. Tom Moorhead, Town Attorney, stated when the lots were purchased, it was with the intent to place housing on the lots. He said part of the land was purchased with RETT funds. The housing would be placed on 23 percent of the land, which would maximize space for the neighborhood park. The Town of Vail would maintain an easement and ownership over the 77% balance of the property as protected open space. Tom explained the evolution and changes made to the RETT ordinance over the years. He stated the RETT changes have allowed for more flexibility in how the funds may be used. He said the RETT could be used for acquiring, improving, construction, maintenance and repair, landscaping, etc. as amended by Town Council at any time. Council member Mike Jewett said he has a concern with similar uses, referring to the park and park buildings. Tom Moorhead read the definition of building, and incidental buildings from the Municipal Code. He said the RETT ordinance is not a land control ordinance. Tom explained zoning and annexation procedures. There are no controls over town lands. Council member Mike Jewett thanked Tom for the explanation and Russ for the summary of designated open space. Council member Sybill Navas asked Tom about the possibility of repealing the RETT ordinance. Tom Moorhead said the RETT ordinance is subject to change. The use of money has changed, and there could be a point in time when funds could be used for other purposes. There is no restriction, its up to the municipality to clarify the uses. Farrow Hitt, a local resident, asked for clarification on when the Arosa/Garmish site was purchased and was it for revenue control not land control. He did not think the intent was to put housing on it. Council member Mike Arnett said the intention has always been to put housing on it. Farrow Hitt said he thinks there is a conflict of revenue control versus land control. He said it would be wrong to build housing on the site when a portion of it was purchased with RETT funds. Council member Sybill Navas said the original intent was not to use the RETT funds for the purchase but to reimburse the general fund. Farrow asked if there was a specific time period to pay back the funds when borrowing from one fund to another. Tom.Moorhead said there is no restriction as to when to pay back the funds. 10 Vail Town Council Minutes April 6, 1999 Russ stated there was no way to confirm th a,t the 'RETT funds wei-h paid back.. Further discussion ensued. Council member Mike Arnett said most of the land would be in the protected open space status. Russ said this could go to the next PEC meeting on Monday, to appoint a representative to the Open Space Committee and then have the committee act on it. Council member Bob Armour said the PEC members would convene with new members on board at their April 26, 1999 meeting. Council member Mike Jewett doesn't want to see this issue drag on. Further discussion ensued. Council member Bob Armour made a motion to approve Ordinance No. 9, Series of 1999 on first reading, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The tenth item on the agenda was second reading of 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 10, Off-Street Parking And Loading, Section 12-10-16: Exempt Areas; Parking Fund Established; 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. Dominic Mauriello, Chief of Planning, said at the March 16 meeting this was passed unanimously by Council, all changes are included and have not changed. Met with Jim Lamont and did not change any part of this ordinance from this discussion. 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. 11 Vail Town Council Minutes April 6, 1999 Council member Sybill Navas said she still has concerns about the parking pay-in-lieu section of this ordinance. Further discussion regarding the parking ensued. Dominic stated the staff is starting to study parking. They staff was not going to touch this and leave it as it is in the code for now and modify it later once the study was done. Russ Forrest, Community Development Director, said there needs to be a comprehensive study : on the parking done before changing the code and that they are actively reviewing the parking right now. Further parking discussions ensued. Mayor Pro-Tem, Ludwig Kurz, asked if the ordinance was passed now and prior to the parking study being done, what happens to a project if it comes in during this time. Dominic said it would be like the Antlers project and that the parking would be on-site. Council member Sybill Navas stated she has a philosophical problem with this. Dominic stated if we change this now, it would affect current property owners. Council member Mike Arnett said the Lionshead Master Plan satisfies his concerns regarding the parking. Mike stated the parking pay-in-lieu still needs to be in effect. Council member Sybill Navas said she is still making a stand on the parking pay-in-lieu. She also has concerns on the time share issue. She said timeshares don't generate sales tax and doesn't want this in the ordinance. Council member Mike Jewett stated if the timeshare was in the rental market, it would generate sale tax. Russ said timeshare occupancy rates are approximately 70-80% occupancy, which translates into bodies in eating, shopping, etc. He said it is different in property tax revenues. Dominic said condominiums don't necessarily generate any sales tax. Mayor Pro-Tem, Ludwig Kurz, stated the largest contributions to the Town of Vail are through sales tax (53%) revenues. Additional discussion ensued. Mayor Pro-Tem, Ludwig Kurz, said that between the Lionshead Master Plan and this ordinance, there would be various tools in effect to help control growth. He said if the town doesn't address the Lionshead area in a big way, it would limit Lionshead growth. He stated there is too much competition today. 12 Vail Town Council Minutes April 6, 1999 a Jim Lamont, the representative for the East Village Home Owners Association (EVHOA), said the interests of Lionshead are intertwined with the Vail Village. He stated it has taken 25 years to recognize the Lionshead area has a problem. He said the town needs to proceed but with caution, there are risks but there are always options to correct mistakes. He is not as concerned because he doesn't see solving all these problems overnight. He said he met with Dave Corbin, and Russ Forrest to discuss several issues. Parking is going to be a problem as well as loading and delivery. Parking pay-in-lieu is another issue to be handled. He said no one could skate under the wire. Taxpayers are never going to pay for another timeshare issue. No one is willing to have timeshare in Vail Village. Timeshare should be a conditional use and the town should delve into them in detail before signing off on it. The town still has the ability to change the rules. He said that good faith efforts need to be made for property notification.. The Infrastructure need is great and must come first. He supports this ordinance and said the town needs to proceed. Dave Corbin, a representative for Vail Resorts, said after 2-1/2 years of trepidation, there are risks and Vail Resorts want to see this taken one step further. He said the community went through an enormous process and said the town needs to stay firm with Lionshead Master Plan. He understands parking is still an issue but wants to move forward and then assess what the true parking needs are in the area. The issue of timeshare versus lodging and the revenues brought in will need more study. There will need to be some type of for-sale properties, regardless of whether they are condominiums or timeshare, to help hotels make it economically feasible to survive. He is in favor of the Council voting in favor of this ordinance. Chuck Madison, a representative with East West Partners, representing the Marriott site said he spent three days in Whistler Blackcomb, Canada. He was amazed and pleased with the broad base of various types of revenue-generating real estate products. There was an amazing versatility of housing products for various levels of economic abilities. Timeshare is taxed as whole ownership and carry with them a real estate transfer tax. Since 1982, there has been a 72-75% occupancy rate in the hotels in Beaver Creek. He wished the Council and town good luck and encouraged the town council to move forward on this ordinance. Mayor Pro-Tem, Ludwig Kurz, said with regard to Whistler, some of the comments are correct. The good snow conditions and low Canadian dollar keep Canadians home. Further discussion ensued regarding timeshare and economic necessity. Council member Bob Armour made a motion to approve Ordinance No. 9, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. Council member Bob Armour said there are still going to be some problems but there are ways to change it. He is comfortable with the check and balances in place. Council member Sybill Navas said she appreciated Dave Corbin and Chuck Madison's comments. The parking issue is still a concern for her. She said she is clear that she can't vote for something if it doesn't sit right with her and she can not live with the parking pay-in-lieu language as it is written. A vote was taken and the motion passed, 5-1, with Council member Sybill Navas against. 13 Vail Town Council Minutes April 6, 1999 A The eleventh item on the agenda was second reading of 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. Dominic Mauriello, Chief of Planning, said this ordinance had no changes and is an ordinance rezoning areas of Lionshead to new zone districts Lionshead Mixed Use 1 and 3 parcels to 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 were included in the Town Council packet. Council member Sybill Navas made a motion to approve Ordinance No. 4, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. Phil Kutrocky, an attorney for the Vail Spa Condominium Association, stated the condominium association wanted to have input into this ordinance and requested that this ordinance be tabled to the next meeting. He was just hired as their attorney and did not have enough time to respond to this ordinance. The primary concern is the possibility of structures that could be allowed, built in LMU1, which may block primary views for some of the units at Vail Spa. The association is also concerned about the proposed amendment to the Marriott, which would allow rezoning which would significantly impact Vail Spa. The Town Council members asked Russ what he was talking about with regard to the Marriott. Russ Forrest stated the Marriott is in process of pursuing an SDD amendment. Phil said the Vail Spa Condominium Association would like the Town Council to consider all amendments in this area to be considered together and requested the Council deny the ordinance now. He stated that someone needs to be accountable for reduction of property values. Council member Mike Arnett asked Phil if he was familiar with the Lionshead Master Plan. Phil said he just saw it this morning. Council member Mike Arnett said this has not been a spur of the moment issue, and this issue has been through an ongoing process. Phil still requested additional time. Council member Mike Arnett explained this is not the last opportunity to address issues. There are still opportunities to address issues when they come up in the future. 14 Vail Town Council Minutes April 6, 1999 Mayor Pro-Tem, Ludwig Kurz, said it was unfortunate that the change in attorneys happened at the eleventh hour but stated the Council and staff needed to move forward on this ordinance. A vote was taken and the motion passed unanimously, 6-0. The twelfth item on the agenda was second reading of Ordinance No. 5, Series of 1999, an Ordinance Amending Title 3, Chapter 4, Section 3-4-1 of the Municipal Code, to Remove Planning and Environmental Commission Representation on the Design Review Board. Jeff Hunt, Senior Planner, said the existing language of Chapter 4, Design Review Board, of the Municipal Code, states that "The design review board shall be composed of five (5) members. Four (4) members shall be residents of the Town, appointed by the Town Council, and the fifth member shall be a member of the Planning and Environmental Commission of the Town." PEC members have stated that the amount of time necessary to attend both the PEC meetings and the DRB meetings was excessive and difficult for working professionals to attend. On February 23, 1999, the Town Council directed staff to present an ordinance that would remove the requirement that a PEC member serve on the DRB. Council member Mike Jewett made a motion to table the ordinance for two weeks, and Council member Kevin Foley seconded the motion. Council member Bob Armour asked what was the purpose of tabling this item. A vote was taken. The motion failed, 1-5, Council members Michael Arnett, Kevin Foley, Sybill Navas, Bob Armour and Ludwig Kurz against. Council member Mike Arnett made a motion to approve Ordinance No. 5, Series of 1999 on second reading, and Council member Mike Jewett seconded the motion. Galen Aasland, a present member of the PEC stated the concerns of the PEC members on projects can be relayed by other means to the DRB. He said that a staff member follows the project through the process and could keep track of the issues. He said the PEC board members attend other meetings too. There are going to be major projects that will be coming before the PEC soon and they will take up a lot of time. In the PEC meetings, there was a vote of 4-2 or 2/3 vote to request the PEC members are taken off the DRB board. Diana Donovan, a former PEC member, said she thought that it was a copout to not have a PEC member at the DRB meetings. Former members have been on both for many years and the system has worked so far. Council member Sybill Navas said there are two sides to this issue. A vote was taken and the motion failed, 3-3. Council members Sybill Navas, Bob Armour and Kevin Foley against. 15 Vail Town Council Minutes April 6, 1999 The thirteenth item on the agenda was a discussion of Main Vail Roundabout. Council member Mike Jewett asked that this discussion be rescheduled. The fourteenth item on the agenda was the Town Manager's Report. Bob McLaurin, Town Manager stated the Lionshead street project is out for bid. As there was no further business, a motion was made by Council member Mike Arnett to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The meeting was adjourned at 11:00 p.m. Respectfully submitted, Ludwig Kurz Mayor Pro-Tem ATTEST: Lorelei Donaldson Town Clerk 16 Vail Town Council Minutes April 6, 1999 1 VAIL TOWN COUNCIL - MINUTES TUESDAY, APRIL 20, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, April 20, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Michael Arnett Michael Jewett Sybill Navas COUNCIL MEMBERS ABSENT: Bob Armour Kevin Foley STAFF MEMBERS PRESENT: Pam Brandmeyer, Assistant Town Manager STAFF MEMBERS ABSENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. Prior to going to the next agenda item, Mayor Rob Ford explained that the applicant for agenda item number four, regarding the Marriott, has requested first reading of Ordinance No. 10, Series of 1999, be tabled to the next meeting of May 4, 1999. The applicant wants to meet with concerned citizens and neighbors and members of the Design Review Board prior to the next meeting. Chuck Madison, representing the Marriott, will be available to speak to anyone about the concerns prior to the May 4, 1999 meeting. Council member Mike Arnett made a motion to table Ordinance No. 10, Series of 1999 to the Town Council meeting of May 4, 1999; Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The second item on the agenda was a Presentation of Vail Youth Recognition and Vail Valley Youth Ambassador Awards. Mayor Rob Ford presented the 1999 Vail Youth Recognition Award to Laura Haslee of Battle Mountain High School and Whitney Hopkins of Vail Mountain School. Each student received the award, as well as a $1,000 college scholarship. Mayor Ford also presented the 1999 Vail Valley Youth Ambassador Award to Emily Sargent of Battle Mountain High School and Jared Staber of Vail Mountain School. Each student received the award plus airfare to and from Mt. Buller, Australia, plus $500 each in traveling expenses. Mt. Buller is Vail's sister resort in Australia. 1 Vail Town Council Minutes April 20, 1999 The third item on the agenda was a slide presentation to illustrate the existing development standards of properties in the Public Accommodation (PA) Zone District. Mayor Rob Ford said the community could contact the Town offices to add their comments or to as questions about this item. George Ruther, Town Planner, stated Tom Braun gave a slide presentation to the Planning and Environmental Commission (PEC) at their March 8, 1999 meeting. The slide presentation illustrated the various impacts of each of the development standards (setbacks, site coverage, landscaping, etc.) on the development of a site in the Public Accommodation Zone District. The applicant anticipates going to the PEC on May 24, 1999. Staff believes that the slide presentation will be informative to the Council and the community. He handed out development statistics to the Town Council and made copies available to those present in the audience. Tom Braun, an independent planning consultant, gave a brief slide presentation to the Town Council and explained how this impacts the PA Zone District regulations. He said the proposed changes would add qualitative components to the PA zone district along with the quantitative elements. He focused on PA sites in Vail Village, explaining the PA details of each site, starting west going east. The formal review process will begin with the PEC in May, and then coming before the Town Council in June or July. Mayor Rob Ford explained that various properties in Vail Village have undergone rezonings through the Special Development District (SDD) process in the past. Over the years SDD's have been allowed. There is not a lot of cohesiveness or similarities in projects that have been approved over the years. He said this effort to amend the code is to codify what has been taking place over the years, to put the process in writing so the developers and the community around them will know what can be built. He said this item would go to the PEC on May 24, 1999. Jim Lamont, representing the East Village Home Owner's Association (EVHOA), stated some of the members of this association who are in the room may want to speak to the Council also. He said there are concerns with this proposal. Some neighborhoods seem to have general consensus- that prior to any density increases, other concerns need to be addressed first. The EVHOA has been critical of some of the proposals in the past. There are more than just PA zoned properties that would be affected by this Ordinance. The affects on other properties and the compatibility with these properties must be addressed. He said the EVHOA wants equal treatment between PA properties and other zone districts. He asked how do you solve other problems first before addressing density issues. He said the Vail Village Master Plan identifies sites that have changed the zoning through the SDD process and wants the Vail Village Master Plan used as the guide for future changes. He said the last thing we want to show the world is growth for growth's sake. He said that growing for a purpose such as staying competitive and still recognizing the value of what was built in Vail Village doesn't mean to destroy it to save it. He voiced there are certain sites that could take redevelopment such as the Chateau at Vail and the Vail Village Inn, but to cast all PA properties into same mold is a mistake. He also said the public notice system needs to change also. Currently the process only requires that public notice be mailed to the manager of an adjacent property. When you change Vail Village significantly, it would be better to communicate with all property owners on individual unit by unit basis. This would help build trust between all parties, there needs to be better rapport 2 Vail Town Council Minutes April 20, 1999 between the town and the community. He said if anyone could do this, this Council could. Mayor Rob Ford thanked Jim for thinking this Town Council can solve a problem that has been around for 30 years. Diane Milligan, the manager of the Ramshorn Condominiums, read a letter from the President of the Board regarding the Public Accommodation issue. The association is opposed to the proposed changes. They are not opposed to change but the changes need to be carefully planned and reviewed on a case by case basis. If there are changes in the PA zoning, there will be no going back and the impacts may be irreversible to smaller properties. Carol Allman, the manager of the Galatyn Lodge, agreed with Jim Lamont and said there is a necessity to solve other concerns first before solving the density issues. She said there is a need to improve a lot of things in the Village, but bigger is not always better. She stated that giving more or less blanket approval to developers is not a good thing. Going through the lengthy approval process is the only way affected properties can have an opportunity to have a voice in the process. She said she doesn't want Vail to start looking like Beaver Creek with little to no landscaping. She doesn't want the character of the Village to change. Steve Rosenthal, owner of a store in the Village, said the Council has a very difficult task ahead. He said the number one false statement is that nothing is broken. He stated the sales tax revenue is down and there is a need to find a way to increase revenues. He feels there is a need to take care of the primary issue of more beds in the Village, and the other issues can be taken care of later. He stated that Beaver Creek revenues are up and if the trend continues there will be no reason for people to come to Vail. He said if Vail doesn't react to the situation, the town will not survive. The trend of decreased sales revenue will continue if the Town Council doesn't react. He said he doesn't think the Frontage Road developments should have any restrictions. He said the money will come from the tourists and accommodations need to be addressed immediately. Mayor Rob Ford explained that over 50% of the revenues come from sales tax revenue. Carol Allman, said there is an interesting statistic she found. Aspen Ski Resort runs the ski mountain only, and the skiing statistics were down 20% but the sales tax revenue was up 56%. She said this is food for thought and to not blame it on the mountain. The fourth item on the agenda was first reading of Ordinance No. 10, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 17, Series of 1995, Special Development District No. 7, The Marriott's Mountain Resort at Vail, amending and re-establishing the Approved Development Plan in accordance with Section 12-9A-10 of the Zoning Regulations to allow for the interior and exterior remodel of the existing hotel and the construction of the Gore Creek Club, and setting forth details in regard thereto. This item was Tabled to the May 4, 1999 meeting (see item after citizen participation) 3 Vail Town Council Minutes April 20, 1999 The fifth item on the agenda was first reading of Ordinance No. 11, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 23, Series of 1998 and Ordinance No. 1, 1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development Plan for the Westhaven Condominiums Development Site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. The Town Council reviewed the ordinance at their afternoon work session. George Ruther, Senior Town Planner, stated on January 11, 1999, the Planning & Environmental Commission (PEC) reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the construction of eleven fractional fee club units, seventeen accommodation units and twenty-one employee housing units on the site of the "Ruins". George said the changes were listed on page 5 of the memorandum of January 11,1999. He stated there are eleven conditions of approval by PEC, which included a condition that if the applicant did not build on the site, the "Ruins" would have to be removed. The applicant will have to post a bond with town to provide for this condition. Further discussion ensued. Council member Ludwig Kurz asked George to clarify the number of parking spaces. He said this development should have 74 on-site parking spaces and the project only has 52. What happened to the other spaces? George stated the fractional fee units were reviewed comparable to accommodation unit requirements which allowed for less parking spaces. Council Member Ludwig asked if the bond of 125% to demolish the "Ruins" would bring the site back to natural landscape, including revegetation of the site and removal of the concrete on site now. George said staff could amend the ordinance to read restore and revegetate as well as remove. Council member Sybil[ Navas asked if the landscaping included the parking lot area. George stated that it doesn't include parking lot area. Council member Sybill Navas asked about the parking pay-in-lieu. George said one of the options is a pay-in-lieu for parking not on-site. He said the EHU's are all one bedrooms on the first floor. Carol Hymers, representing the Glen Lyon Homeowners Association, requested the wording on the bond be added per the previous discussion with Council member Ludwig Kurz. George reiterated the developer would either establish a letter of credit with a bank in Eagle County or with the Town of Vail. 4 Vail Town Council Minutes April 20, 1999 Council member Mike Arnett made a motion to approve Ordinance No. 11, Series of 1999 on first reading, and Council member Ludwig Kurz seconded the motion. Further discussion ensued. Council member Mike Jewett stated the updated plans didn't get reviewed by Council or from the audience prior to this evening and asked if there were any reasons for the community to review the plans. George Ruther stated this item has been before the community no less than 12 times prior to coming before Town Council and the plans have not changed significantly. Council member Mike Arnett said the PEC and DRIB did an outstanding job of bringing this project to fruition and the project is better than it was in 1995. Council member Sybill Navas asked about the parking plan. George said the parking plan has 37 enclosed spaces and 15 exterior spaces. Council member Sybill Navas said she wants to make sure the parking is correct and supports the PEC recommendation on parking. Council member Ludwig Kurz requested that the motion be amended to add the wording to condition #10 to add revegetation and removal of the concrete to the condition. Council member Mike Arnett amended his motion to include the amendment on condition #10 and was seconded by Council member Ludwig Kurz. A vote was taken and the motion passed, 4-1, with Council member Sybill Navas abstaining. The sixth item on the agenda was second reading of Ordinance No. 7, Series of 1999, an Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details In Regard Thereto. Russell Forrest, Community Development Director, stated this is the second reading of the ordinance. There is an addition to the ordinance adding an easement. The employee housing and park will be developed simultaneously, as part of the same development plan. Council member Ludwig Kurz made a motion to approve Ordinance No. 7, Series of 1999 on second reading, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was second reading of Ordinance No. 8, 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; Applying Zone District Designation To A 5 Vail Town Council Minutes April 20, 1999 Portion Of Unzoned Property Previously Owned By The United States Forest Service And Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section 12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497 And 2487 Garmisch To The East And The Town Manager's House To The West More Fully Described As An Unplatted Portion Of The SE '/4, SE SE %4, SW % Of Section 11, Township 5 South, Range 81 West. Russell Forrest, Community Development Director stated the added land that would go into outdoor recreation zoning. He said there would be an Open Space Committee meeting on April 30, 1999 at 9:00 a.m. to develop its recommendations to the Town Council. Council member Sybill Navas made a motion to approve Ordinance No. 8, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The eighth item on the agenda was second reading of Ordinance No. 9, Series of 1999, an ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497, 2487, 2485 and 2477 Garmisch Drive, also known as Lots 1, 2, 3 and 4, Block H, Vail Das Shone, Filing No. 2. Russell Forrest, Community Development Director stated there were no changes from the first reading of this ordinance. Council member Sybill Navas asked what level of permanence was there on the easement. Russell said the easement would go with the land in perpetuity and is not subject to change per the Town Attorney, Tom Moorhead. Council member Mike Arnett made a motion to approve Ordinance No. 9, Series of 1999 on second reading, with conditions of any replatting, and a public easement be added, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The ninth item on the agenda was the Town Manager's Report. There was nothing further to report. Council member Mike Arnett offered the community's sympathy and condolences to the victims and families of Columbine High School in Littleton, Colorado. As there was no further business, a motion was made by Council member Mike Jewett to adjourn the meeting and Council member Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 5-0. 6 Vail Town Council Minutes April 20, 1999 The meeting was adjourned at 8:30 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 7 Vail Town Council Minutes April 20, 1999 Note: Bold text indicates section changed from Ordinance No. 3, Series of 1998. ORDINANCE NO. 12 Series of 1999 AN ORDINANCE AMENDING A SPECIAL DEVELOPMENT DISTRICT - SDD No. 30 (VAIL ATHLETIC CLUB) AND REPEALING AND REENACTING ORDINANCE NO. 3, SERIES OF 1998, TO ALLOW FOR A CHANGE IN THE NUMBER OF DWELLING UNITS/ACCOMMODATION UNITS, MODIFICATIONS IN SQUARE FOOTAGE AND GRFA; AND AMENDING THE DEVELOPMENT PLAN IN ACCORDANCE WITH TITLE 12, CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Chapter 9, of the Vail Municipal Code authorizes special development districts within the Town; and WHEREAS, the developer and applicant, JWT 1987 Vail Limited Partnership (a.k.a. The Vail Athletic Club), has submitted an application for a Major Special Development District Amendment for a certain parcel of property within the Town, known as the Vail Athletic Club and as Special Development District No. 30 ("SDD No. 30"); and WHEREAS, the Major Special Development District Amendment for SDD No. 30 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the amendment to the SDD at its April 26, 1999 meeting; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 30. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled Planning Commission Report. The review procedures prescribed in Title 12, Chapter 9, of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed amendment to the development plan for SDD No. 30. Section 2. Special Development District No. 30, SDD No. 30 and the amended development plan therefore, are hereby approved for the redevelopment of The Vail Athletic Club. Section-.3. Purpose SDD No. 30 is established to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is regarded Ordinance No. 12 1 Series of 1999 as complementary to the Town by the Town Council and meets the design standards as set forth in Title 12, Chapter 9, of the Municipal Code. As stated in the staff memorandum dated September 27, 1993, there are significant aspects of SDD No. 30 which are difficult to satisfy through the imposition of the standards of the Public Accommodation Zone District. SDD No. 30 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. SDD No. 30 provides an appropriate development plan that maintains the unique character of this site and the surrounding area. Section 4. Development Plan A. The amended development plan for SDD No. 30 is approved and shall constitute the plan for development within the Special Development District. The amended development plan is comprised of those plans submitted by the developer/applicant and consists of the following documents: 1. Site Plan and Landscape Plan by JMP Architects, Inc., Project Architect, dated February 13, 1998; and Land Designs by Ellison, Inc. (Sheets L-1 and L-2) dated April 1, 1997. 2. Survey completed by Alpine Engineering, Inc., dated July 12, 1996. 3. Building Elevations by JMP Architects, Inc., Project Architect, dated February 19, 1999. 4. Floor plans by JMP Architects, Inc., Project Architect, dated March 18, 1999, (Lower Health Club, Upper Health Club, First Floor Plan, Second Floor Plan, Third Floor Plan, Fourth Floor Plan, and Fifth Floor Plan). 5. Shadow Studies for September 21 st and December 21 st by Michael Barclay, Project Architect; dated November 11, 1995. 6. Other general submittal documents that define the development standards of the Special Development District. Ordinance No. 12 2 Series o1 1999 `a B. The development plan shall adhere to the following: 1. Lot Size: 30,486 square feet. 2. Permitted Uses: a. Accommodation Units. - = b. Dwelling Units. C. Employee Housing Units. d. Health Club. e. Restaurant/Retail. 3. Accessory Uses: All other uses accessory or incidental to the allowed uses. 4. Setbacks: The setbacks shall be those shown on the site plan. 5. Density Approval of this development plan shall permit 46 - 48 Accommodation Units (AU), 4 Dwelling Units (DU) (3 with lock-offs) and four (4) Type IV Employee Housing Units. The developer shall permanently restrict all AUs as short-term rental units and AUs shall not be subdivided in the future to allow for individual ownership. The Condominium Declarations shall be amended to include this restriction before an occupancy permit will be released for the project. 6. Buildina Height: Building height shall be as indicated on the elevations. 7. Parkino: A minimum of twenty-two (22) valet parking spaces shall be provided within the existing parking structure. The developer agrees that the area adjacent to the parking structure0s entry, and the area adjacent to the main entry to the hotel (on East Meadow Drive), shall be designated and used for short-term drop-off and loading/delivery use only. 8. GRFA / Common Area: The total GRFA allowed shall be approximately 36,492 square feet: with approximately 22,671 square feet for Accommodation Units; 12,672 square feet Ordinance No. 12 3 Senes o1 1999 for Dwelling Units; and 1,149 square feet for Employee Housing Units. 9. Site Coveraae: The site coverage shall be as indicated on the Site Plan and Floor Plans. 10. Employee Housing: The developer shall provide four (4).Type IV Employee Housing Units on-site, which shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code prior to the release of any Temporary or Final Certificate of Occupancy for the project. Additionally, the developer shall provide one one-bedroom employee housing unit and one two-bedroom employee housing unit. These employee housing units shall be located off-site, shall be located within the Town of Vail municipal boundary and shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code. The employee housing restriction agreement shall be signed and submitted to the staff for approval before a Temporary Certificate of Occupancy will be released for the project. The units shall meet the minimum standards according to Title 12, Chapter 13, of the Town of Vail Municipal Code. 11. Landscaping; The area of the site to be landscaped shall be as indicated on the landscape plan. The developer shall finance and construct the approved landscaping, generally located on the south side of the building (between the building and the streamwalk). The developer shall maintain this area in perpetuity. 12. Streetscape: The developer shall finance and construct a heated concrete unit paver walkway and lighting according to the Town of Vail Streetscape Master Plan, parallel to both the northern and eastern property boundaries of the Vail Athletic Club property, continuing south on the west side of Vail Valley Drive. The walkway will extend across the Gore Creek Bridge as indicated on the Site/Landscape Plan, however, the walkway on the bridge will not be heated nor will the bridge be widened by the developer. Stamped engineered drawings shall be submitted for these improvements to the Town of Vail Engineer for approval, prior to the release of any Building Permit(s) for the project. The developer shall maintain the sidewalk, lighting Ordinance No. 12 4 Series o1 1999 and other streetscape improvements in,perpetuity. Section 5. Conditions 1. That the previous site plan, landscape, and off-site improvement approvals continue to apply. 2. That the Design Review Board review and approve the proposed changes to the building. 3. That the applicant deed restrict the 4, Type III, Employee Housing Units in accordance with the Town Code prior to obtaining a temporary or final certificate of occupancy. 4. The applicant shall be responsible for all of the public improvements of the original approval (including heating the sidewalk adjacent to property from the north side of the bridge to the front entry of the VAC building and provide stone veneer on the access to the parking structure, per the approved plans, etc.). 5. The applicant shall provide and receive approval of a complete set of engineered civil drawings for all public improvements prior to receiving a building permit for the project. 6. That the total square footage of the four EHU's be not less than 1,149 sq. ft. - 1,300 sq. ft. Section 6. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Title 12, Chapter 3, Section 6 (§12-3-6) and Title 12, Chapter 9A, Section 10 (§12-9A-10) of the Vail Municipal Code. Amendments which do change the substance of the development plan shall be required to be approved by the Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 7. Expiration The developer must begin construction of the Special Development District #30 by May 1, 2001 and continue diligently toward completion of the project. The developer must meet the requirements of Title 12, Chapter 9A, Section 12 (§12-9A-12) of the Municipal Code of the Town of Vail. Section 8 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; Ordinance No. 12 5 Series o1 1999 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 9 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of May, 1999, and a public hearing shall be held on this Ordinance on the 18th day of May, 1999, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Pro-Tem Attest: Lorelei Donaldson, Town Clerk Ordinance No. 12 6 Series of 1999 READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of May, 1999. Rob Ford, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 12 7 Series o1 1999 M 9 9 ORDINANCE NO. 3 Series of 1998 AN ORDINANCE AMENDING A SPECIAL DEVELOPMENT DISTRICT - SDD No. 30 (VAIL ATHLETIC CLUB) AND ORDINANCE #2, SERIES OF 1996, TO ALLOW FOR A CHANGE IN THE NUMBER OF DWELLING UNITS/ACCOMMODATION UNITS, MODIFICATIONS IN COMMON AREA SQUARE FOOTAGE AND GRFA; MODIFICATION OF THE EHU TIMING REQUIREMENTS; AND AMENDING THE DEVELOPMENT PLAN IN ACCORDANCE WITH TITLE 12, CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Chapter 9, of the Vail Municipal Code authorizes special development districts within the Town; and , WHEREAS, the developer and applicant, JWT 1987 Vail Limited Partnership (aka The Vail Athletic Club), has submitted an application for a Major Special Development District Amendment for a certain parcel of property within the Town, known as the Vail Athletic Club and as Special Development District No. 30 ("SDD No. 30"); and WHEREAS, the Major Special Development District Amendment for SDD No. 30 will ensure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the amendment to the SDD at its February 9, 1998 meeting; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 30. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled Planning Commission Report The review procedures prescribed in Title 12, Chapter 9, of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed amendment to the development plan for SDD No. 30. Section 2. Special Development District No 30 SDD No. 30 and the amended development plan therefore, are herebv apr)roved for the redevelopment of The Vail Athletic Club. Section 3 Purpose SDD No. 30 is established to insure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail. The development is 1 Ordinance No. 3 Series of 1998 regarded as complementary to the Town by the Town Council and meets the design standards as set forth in Title 12, Chapter 9, of the Municipal Code. As stated in the -staff memorandum dated September 27, 1993, there are significant aspects of SDD No. 30 which are difficult to satisfy through the imposition of the standards of the Public Accommodation Zone District. SDD No. 30 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. SDD No. 30 provides an appropriate development plan that maintains the unique character of this site and the surrounding area. Section 4. Development Plan A. The amended development plan for SDD No. 30 is approved and shall constitute the plan for development within the Special Development District. The amended development plan is comprised of those plans submitted by the developer/applicant and consists of the following documents: 1. Site Plan and Landscape Plan by JMP Architects, Inc., Project Architect, dated February 13, 1998; and Land Designs by Ellison, Inc. (Sheets L-1 and L-2) dated April 1, 1997. 2. Survey completed by Alpine Engineering, Inc., dated July 12, 1996. 3. Building Elevations by JMP Architects, Inc., Project Architect, dated February 13, 1998. 4. Floor plans by JMP Architects, Inc., Project Architect, dated February 13, 1998 (Lower Health Club, Upper Health Club, First Floor Plan, Second Floor Plan, Third Floor Plan, Fourth Floor Plan, and Fifth Floor Plan). 5. Building Sections by JMP Architects, Inc., Project Architect, dated February 13, 1998. 6. Shadow Studies for September 21st and December 21st by Michael Barclay, Project Architect; dated November 11, 1995. 7. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: 1. Lot Size. 30,486 square feet. 2. Permitted Uses: a. Accommodation Units. b. Dwelling Units. 2 Ordinance No. 3 Series of 1998 1 C. Employee Housing Units. d. Health Club. e. Restaurant/Retail. 3. Accessory Uses: All other uses accessory or incidental to the allowed uses. 4. Setbacks: The setbacks shall be those shown on the site plan. 5. Densitv: Approval of this development plan shall permit fifty-four (54) Accommodation Units (AU), three (3) Dwelling Units (DU) (two with lock-offs) and four (4) Type IV Employee Housing Units. The developer shall permanently restrict the approved 54 AU's as short-term rental units and the 54 AU's shall not be subdivided in the future to allow for individual ownership. The Condominium Declarations shall be amended to include this restriction before an occupancy permit will be released for the project. 6. Building Height: Building height shall be as indicated on the elevations. 7. Parking: A minimum of twenty-two (22) valet parking spaces shall be provided within the existing parking structure. The developer agrees that the area adjacent to the parking structure's entry, and the area adjacent to the main entry to the hotel (on East Meadow Drive), shall be designated and used for short-term drop-off and loading/delivery use only. 8. GRFA / Common Area: The total GRFA allowed shall be 34,266 square feet: with 25,008 square feet for Accommodation Units; 8,070 square feet for Dwelling Units; and 1,188 square feet for Employee Housing Units. Additionally, the total common area allowed shall be 15,945 square feet. 9. Site Coverage: The site coverage shall be as indicated on the Site Plan and Floor Plans. Ordinance No. 3 3 Series of 1998 0 r 10. Employee Housing- The developer shall provide four (4) Type IV Employee Housing Units on-site, which shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code prior to the release of any Temporary Certificate of Occupancy for the project. Additionally, the developer shall provide one one-bedroom employee housing unit_ and one two-bedroom employee housing unit. These employee housing units-sh'al.l." be located off-site, shall be located within the Town of Vail municipal boundary and shall be restricted per Title 12, Chapter 13, of the Town of Vail Municipal Code. The employee housing restriction agreement shall be signed and submitted to the staff for approval before a Temporary Certificate of Occupancy will be released for the project. The units shall meet the minimum standards according to Title 12, Chapter 13, of the Town of Vail Municipal Code. 11. Land igapiM The area of the site to be landscaped shall be as indicated on the landscape plan. The developer shall finance and construct the approved landscaping, generally located on the south side of the building (between the building and the streamwalk). The developer shall maintain this area in perpetuity. 12. Streetscape: The developer. shall finance and construct a heated concrete unit paver walkway and lighting according to the Town of Vail Streetscape Master Plan, parallel to both the northern and eastern property boundaries of the Vail Athletic Club property, continuing south on the west side of Vail Valley Drive. The walkway will extend across the Gore Creek Bridge as indicated on the Site/Landscape Plan, however, the walkway on the bridge will not be heated nor will the bridge be widened by the developer. Stamped engineered drawings shall be submitted for these improvements to the Town of Vail Engineer for approval, prior to the release of any Building Permit(s) for the project. The developer shall maintain the developer improved sidewalk, lighting and other streetscape improvements in perpetuity. 4 Ordinance No. 3 Series of 1998 0 Section 5. Conditions 1. - That the applicant permanently deed restrict the'54 accommodation- units as short-term rental units, and that the 54 accommodation units shall not be subdivided in the future to allow for individual ownership. The condominium declarations for the Vail Athletic Club shall be amended to include this requirement. These items.shall be completed prior to the Town's release of any occupancy permits for the building. 2. The applicant shall execute and have recorded at the Eagle County Clerk and Recorder's Office, the Town's Type IV Employee Housing Agreement for the four employee housing units proposed in the structure. This shall be required prior to the Town's release of any occupancy permits for the building. 3. Construction drawings, for all the site planning/streetscape improvements included as a part of this project, shall be submitted for the review and approval by the Town Engineer. This shall be required prior to final review by the Design Review Board. 4. That the proposed oversized shingles not be used as the exterior siding materials for the building and that the applicant use siding materials such as stucco, wood and stone, subject to final Design Review Board review and approval. 5. That all the deck rails and the exterior siding of the building be consistent with regard to design, material and color, and that this requirement shall include the two existing condominiums on the third and fourth floors of the building. Section 6. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Title 12, Chapter 3, Section 6 (§12-3-6) and Title 12, Chapter 9A, Section 10 (§12-9A-10) of the Vail Municipal Code. Amendments which do change the substance of the development plan shall be required to be approved by the Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 7 Expiration The developer must begin construction of Special Development District #30 by May 1, 2000 and continue diligently toward completion of the project. The developer must meet the requirements of Title 12, Chapter 9A, Section 12 (§12-9A-12) of the Municipal Code of the Town of Vail. 5 Ordinance No. 3 Series of 1998 f Section 8 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of February, 1998, and a public hearing shall be held i on this Ordinance on the 7th day of April, 1998, at 7:00 p.m. in the Council Chambers of the Vail -Municipal Building, Vail, Colorado. p~~Nm0Fnulq',% IS E A I' Ludwig Kurz, M yor Pro-Tem Attest: 'Lore) i Donaldson, Town Clerk READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of April, 199§,jnnn1In?M ft G E A L / L ~ Rob Ford, Mayor UL OR PV Attest: "~uuuuuu?u~aau ~ r. 'Lorelei, Donaldson, Town Clerk 6 Ordinance No. 3 Series of 1998 MEMORANDUM TO: Planning and Environmental Commission FROM: Communify Development Department DATE: April 26, 1999 SUBJECT: A request for an amendment to Special Development District #30 (VAC), to allow for an additional dwelling unit and reduction of accommodation units; located at the Vail Athletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limited Partnership, represented by John Perkins John and Judy Angelo, represented by Ken Robertson and Larry Eskwith Planner: Dominic Mauriello 1. DESCRIPTION AND BACKGROUND OF THE REQUEST The Vail Athletic Club (JWT 1987 Limited Partnership), represented by Stan Cope and John Perkins, has submitted a request for a Major Amendment to Special Development District (SDD) #30 (as amended by Ordinance No. 3, Series of 1998) to allow for a reduction in the number of accommodation units from 54 to 46 (or 48), an increase in the number of dwelling units from 3 to 4 (new dwelling unit to contain one lock-off unit), and an increase in GRFA as shown in the table attached to this memorandum. The changes are proposed due to financing constraints (the need to have additional revenue from the sale of a dwelling unit) and also the desire to construct larger accommodation units which the applicant states are more suitable for a first class boutique hotel. The applicant is asking for some flexibility in the exact number of accommodation units so that final design and costing can determine whether they provide 46 AUs or 48 AUs (48 is the maximum number they can have based on parking requirements). Additionally, the owner of a condominium on the fifth floor (Angelo) is proposing to add a dormer and 713 sq. ft. of GRFA to their unit. This condominium owner is entitled to add this space and dormer under the interior conversion ordinance (Section 12-15-4) which was passed last year regardless of this SDD amendment, however, they have agreed to bring this request forward with the VAC application so that it can be viewed with the other improvements. Below is a summary of the changes (it should be noted that final hotel room design has not been completed and therefore there could be minor shifts in floor area to accommodate maid storage and other necessary common area improvements): Common Area: There is a slight reduction in common area (52 sq. ft.) from the 1998 approval. AUs: The number of AUs is reduced to 46 units. The GRFA allocated to all AUs decreased approximately 10% or 2,337 sq. ft. Most of the existing accommodation units are approximately 300 sq. ft. Some new accommodation units are proposed at 500+ sq. ft. FAEVERYONE\PEC\MEMOS\99\VAC2. DOC 1 TOWNOFVAII DUs: The number of DUs is being increased by one unit (3 DUs to 4). The new proposed unit is approximately 3,700 sq. ft. in area. The west condo now has a lock-off associated with it. EHUs: The number of EHUs remains the same at 4 units. The square footage allocated is being reduced by 39 sq. ft. The sizes range from 220 sq. ft. to 350 sq. ft. Parking: The proposal reduces the demand for parking by 2 parking spaces (from 22 to 20 spaces). The applicant still proposes 22 spaces on- . site. The proposed changes to the building do not result in an amended footprint or modifications to the site plan. The previously approved site plan and conditions of approval are proposed to be carried forward. The building elevations are modified by the addition of several dormers on the south and north elevations of the building and the enclosure of areas that were previously balconies. The DRB will be required to review these changes to the building. Overall the changes are minor in terms of bulk and mass or impacts on adjacent properties. The proposed building continues to meet the definition of a lodge with 64% of the GRFA devoted to accommodation units and 36% devoted to dwelling units (includes lock-off). Reductions of the proposed floor plans are attached. In 1998 the applicant received approval to eliminate one dwelling unit and one accommodation unit and make other interior and exterior changes to the building. See the attached spreadsheets for additional history on approvals. II. STAFF RECOMMENDATION The Community Development Department recommends approval of the proposed amendments subject to the following finding: That the proposed major amendment to Special Development District #30 (Vail Athletic Club) complies with the nine design criteria outlined in Section 12-9A-8 of the Town Code. Additionally, the applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviation from the development standards of the underlying zoning are outweighed by the public benefits provided. The recommendation of approval is also subject to the following conditions: 1. That the previous site plan, landscape, and off-site improvement approvals continue to apply. 2. That the Design Review Board review and approve the proposed changes to the building. 3. That the applicant deed restrict the 4, Type III, Employee Housing Units in accordance with the Town Code prior to obtaining a temporary or final certificate of occupancy. 4. The applicant shall be responsible for all of the public improvements of the original approval (including heating. the sidewalk adjacent to property from the north side FAEVE RYON E\P EC\MEMOS\99\VAC2. DOC 2 of the bridge to the front entry of the VAC building and provide stone veneer on the access to the parking structure, per-the approved plans, etc.). 5. The applicant shall provide and receive approval of a complete set of engineered civil drawings for all public improvements prior to receiving a building permit for the project. III. ZONING ANALYSIS This analysis shows the comparison of the current proposed amendment with the underlying zoning. See attached spreadsheet for comparison with 1993 -1998 amendments. Italics denotes no change from previous approvals. Underlying Zoning: Public Accommodation (PA) Lot Area: 30,486 sq. ft. Standard PA Zoning 1999 Proposal GRFA: 24,388 sq. ft. (80%) 36,492 sq. ft. (includes 713 sq. ft. interior conversion by separate app.) Density: 25 DUs per acre 28.33 DUs (AUs are 0.5 of a DU or 17.5 DUs (46 - 48 AUs, 4 DUs, &-4 EHUs) and EHU's are 0.333 of a DU) Landscape area: 9,145 sq. ft. (min) 9,730 sq. ft. (N/C) Site Coverage: 16,76 7 sq. ft. 21,350 sq. ft. (N/C) Parking: 20 spaces 22 spaces (N/C) (per 1977 variance) Building height: 48' 67' South, 59' North (NIQ VI. AMENDMENT PROCEDURE The proposed changes described in Section I are considered to be Major Amendments to the 1993 approved SDD and subsequent amendments. As stated in the Zoning Code Section 12- 99-2, a major amendment is defined as follows: "Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District . . Since the applicant's proposed amendments to the SDD involve changes to gross residential floor area, as well as density (number of units), the proposal is required to follow the Major SDD Amendment procedure. The PEC shall provide a recommendation to the Town Council regarding the proposal. The Town Council may approve the proposal via two readings of an FAEVERYONE\PEC\MEMOS\99\VAC2. DOC 3 ordinance. IV. SPECIAL DEVELOPMENT DISTRICT CRITERIA As provided for in Section 12-9A-8 of the Town Code, there are nine SDD review criteria which are to be used to evaluate the merits of a proposed Major SDD Amendment. It should be noted that the staff analysis of the project's compliance with the SDD review criteria has only focused on the proposed amendments to the SDD, and not on the balance of the 1993 or 1996 approvals. The review criteria, and the staff's analysis of the proposal's compliance with the review criteria, are as follows: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Minimal architectural changes are proposed to the design of the building. The overall scale, and mass and bulk of the proposed structure will generally remain as it was approved in 1993 and subsequently amended. The primary roof forms (and building height) will also remain as approved in 1993, with the addition of several dormers. Staff does not believe these changes will significantly affect the bulk and scale of the building. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The general uses within the redeveloped Vail Athletic Club (VAC) are not proposed to change. The building continues to meet the definition of a lodge as more than 50% of the GRFA is devoted to accommodation units. The floor area additions are relatively minor with respect to the overall scope of the project with an increase of approximately 2.62% from the 1998 approval or 4.91 % over the 1993 approval. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10. Staff believes that the proposed amendments to the SDD are in compliance with this criteria. The Town's zoning requirement is for a total of 20 parking spaces to be provided on the site, which is based on the reduction in the number of accommodation units and the addition of a new dwelling unit. This proposal would reduce the number of required parking spaces from 22 to 20, however, the applicant is proposing to accommodate 22 parking spaces on-site. D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. VAIL LAND USE PLAN The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for new or amended development proposals. The staff considered the following Land Use Plan Goals/Policies during the initial review of the FAEVE RYON E\P EC\MEMOS\99\VAC2. DOC 4 r 1993 SDD establishment for the Vail Athletic Club, and further, staff believes that these goals and policies continue to be applicable with regard to the current Major SDD Amendment proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 3.3 Hotels are important to the continued success of the Town of-Vail, therefore conversion to condominiums should be discouraged. 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. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) Staff believes that the proposed Major SDD Amendment application meets the goals and policies of the Land Use Plan as described above. VAIL VILLAGE MASTER PLAN The staff believes that the 1993 approval for the redevelopment of the Vail Athletic Club carried out many of the goals and objectives contained in the Vail Village Master Plan. Additionally, the staff believes that the current Major SDD Amendment proposal also furthers the following Master Plan's goals and objectives: Goal #1 -Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2 - Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Obiective 2.3 - Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1 - The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Obiective 2.5 - Encourage the continued upgrading, renovation and maintenance FAEVE RYON E\P EC\MEMOS\99\VA02. DOC 5 of existing lodging and commercial facilities to better serve the needs of our guests. Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Policy 5.1.5 - Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. The staff believes that the proposed Major SDD Amendment application meets the Vail Village Master Plan goals, objectives, and policies as described above. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Although this project is located adjacent to Gore Creek, no portion of the proposal encroaches into the fifty-foot stream setback, nor into the 100-year floodplain. There are no other natural and/or geologic hazards that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Although this criteria was discussed extensively during the 1993 review, staff believes that the proposed Major SDD Amendment will have no negative impacts on this criteria. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Again, the staff believes that the proposed Major SDD Amendment will have no impacts on this criteria. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Phase I of the VAC redevelopment has been completed (Club Levels - lowest two floors). The balance of the redevelopment is considered Phase 11. F:\EV ERYON E\P EC\MEMOS\99\VAC2. DOC 6 VAIL ATHLETIC CLUB MAJOR SDD AMENDMENT - 1999 1993 1996 1997 1998 1999 Percent Percent Approved Approved Approved Approved Proposed Change Change Land Use Totals Totals Totals Totals Totals from 1993 from 1998 AU GRFA: 24,687 24,898 25,063 25,008 22,671 -8.89°% -10.31° DU GRFA: 6,252 8,312 8,125 8,070 12,672 50.66°% 36.32°% EHU GRFA: 1,383 1,295 1,207 1,188 1,149 -20.37°% -3.39°% Common Area: 14,265 15,054 15,553 15,945 15,893 10.24°% -0.33°% Conference: 2,727 1,545 1,500 1,330 1,330 -105.04°% 0.00°% Restaurant: 3,285 3,268 3,403 3,562 3,562 7.78°% 0.00°% Club: 20,881 21,609 21,609 21,499 21,499 2.87°% 0.00°% Garage: 5,512 4,780 4,568 4,296 4,296 -28.31% 0.00°% Grand Total: 78,992 80,761 81,028 80,898 83,072 4.91°% 2.62°% 1993 1996 1997 1998 1999 Approved Approved Approved Approved Proposed Units Totals Totals Totals Totals Totals # of AU's 52 55 55 54 46 # of DU's 3 4 4 3 4 # of EHU's 4 4 4 4 4 Develoment 1993 1996 1998 1999 Standard PA Zoning Existing Approval Approval Approval Proposal Density 25 du's per acre 24.33 du's 30.33 du's 32.83 du's 31.33 du's 28.33 du's or 17.5 du's (density calc.) (density calc.) (density calc.) (density calc.) (density calc.) (AU's ere 0.5 of a OU and EHU's aro 0.333 of a ou) GRFA 24,388 s q. ft. 20,361 s q. ft. 32,282 s q. h. 34,505 s q. h. 34,266 s q. ft. 36,492 s q. ft. Notes: 1998 Proposed square footage figures were calculated from a new and complete set of Vail Athletic Club plans at a scale of one-eighth inch equals one foot. A precise comparison with 1995 and 1997 figures is not feasible due to differences in previous plans' architectural scales, digitizing operators, and blue print reproduction images. The 1998 proposal includes a net total of 62 square feet of additional floor area that is located on the Fourth and Fifth Floors. The GRFA figures include the 713 sq. ft. of GRFA proposed by separate applicant as an interior conversion. f Aeveryone\pec\memos\99\Vac99 4/2359 Val'i Athletic Club Locati'on Map Subject Property VAIL VILLAGE FILIN 1 PARKING LOT TRACT B & C 41 VAIL VILLAGE FILING EAST MEADOW DR TYRO CONDO STRIA HAUS I MOUNTAIN HAUS E CORNICE 242 CONDO E \ 362 292 VAIL A71 fLE7 fC CLUB ~ 352: C B `I TRACT B $ C SLIFER B C/ 18 r 1 211 3 4 5 I SL9_(~K T6w;=g i ' OW USE 5 18 r i 6 7 H G E' i1 2/ 30 16 17 8 9 _1/ 03 3 4 5l6 7 /13 15 I i 9 ,1 12 14 5 1 1 A Go I 4 D G) B E I 1C the D Ml~ L CREEL URT 1 F CK AC CONDO I K 3 E 1 302 VILLA VALHALLA 365 2 1 H F G J CONDO I ALL SEASON I /1 RED~LIODJS H 360 GN RD RAMS CONDO J ONO S CHRISTIANA HORN LODG B 'P. 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I_= 1 I I 1 I 1 1 avo 7 1 Q OF: T /A/ A2./^J 3 b t MOP4~1 C~bm~'~~xnl mv.rons ~k c~-ra.~•d (M-ev~.o s 19 9 3 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: September 30, 1993 SUBJECT: Rgquest for the establishment of a Special Development District to allow the expansion of the Vail Athletic Club located at 352 East Meadow Drive. Applicant: Vail Athletic Club Planner: Shelly Mello On September 27, .1993,"the Planning and Environmental Commission (PEC) reviewed a request from the owners of the Vail Athletic Club for the establishment of a Special Development District. This meeting was the final hearing after a series of three worksessions with the PEC and Design Review Board (DRB) beginning in June of this year. Attached please find a copy of staff's memorandum dated September 27, 1993 regarding the details of the applicant's request. The PEC voted unanimously to approve the project with Jeff Bowen making the motion and Dalton Williams seconding the motion. In addition to the staff's conditions which required the following: 1. The applicant permanently restrict the proposed 52 AUs as short-term rental units and that the 52 AUs shall not be subdivided in the future to allow for individual ownership. The Condominium Declarations shall be amended to include this point before an occupancy permit will be released for the project. 2. The applicant provide one 1 bedroom and one 2 bedroom employee housing unit and restrict them per the Town of Vail Employee Housing Ordinance. The employee housing restriction agreement shall be signed-and submitted to the staff for approval before a building permit will be released for the project. The proposed employee units shall provide housing for a total of 6 employees. The. units shall meet the minimum standards specified in the Town of Vail's Employee Housing Ordinance. Further, the PEC recommended the following conditions: 1. That three of the parking spaces currently being proposed on the site for the incremental increase in required parking shall be removed and the applicant shall pay into the parking fund for these three spaces ($8,000 per space =$24,000). With this provision, the applicant shall remove the two exterior parking spaces adjacent to the structure entry and this area shall be designated 1 r for loa~-':ng and delivery. An additional space within the interior of the parking structure shall also be removed from the proposal. This condition was due to the PEC's concern with the ability of the parking structure to function with twenty-seven interior valet parking spaces. 2. That the applicant work with the DRB to develop a landscape plan on the south side of the building between the building and the streamwalk with the goal of returning this area to a more. natural condition. This work includes improving and allowing public access through the property via the existing bridge and path on the southwest comer of the building and removing the.existing sod and reseeding the area with a natural grass seed mix and possibly addingadditional . planting. The area to be returned to a natural condition begins just south of the willows adjacent to the VAC and extends south to the streamwalk. 3. That the DRB review the architectural details of the building further to insure that there is adequate architectural relief in the window mullions, trim, etc. 4. That the applicant work with the, DRB to improve the signage, landscaping and general of East Meadow Drive as it intersects with Blue Cow Chute particularly the north side of East Meadow Drive. The objective of this effort is to not only to improve the pedestrian character of this area, but to also deter unnecessary vehicular traffic from entering East Meadow Drive. cAs he IIy\m emos\vac.930 2 MEMORANDUM TO: Planning Environmental Commission FROM: Community Development Department DATE: September 27, 1993 (Corrections made September 27, 1993 are In bold.) SUBJECT: A request for the establishment of a Special Development District to allow the. expansion of the Vail Athletic.Club, located at 352 East Meadow Drive, "and more specifically described as follows: A parcel of land in Tract B, Vail Village, First Filing, Town of Vail, Eagle County, Colorado, more particularly described as follows: Commencing at the Northeast corner of said Tract B; thence N 79°46'00 W along the Northerly line of Vail Village, First Filing, and along the Northerly One of said Tract B 622.86 feet; thence S 06°26'52' W a distance of 348.63 feet to the Southwest corner of that parcel of land described in Book 191 at Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records, said corner also being the True Point of Beginning; thence S 79°04'08' E and along the Southerly line of said parcel 200.00 feet to the Southeast comer thereof; thence N 62°52'00" E and along the Northerly line of that parcel of land described in Book 222 at Page 513 as recorded in 1971 in the Eagle County Records, a distance of 66.78 feet to the Northeasterly corner of said parcel of land; said corner being on the Westerly right-of-way line of Gore Creek Road, as platted in Vail Village, Fifth Filing; thence N 27013'37" W a distance of 77.37 feet along said Westerly right-of-way fine of Gore Creek Road; thence N 89029'22" W a distance of 12.80 feet to the Northeasterly comer of that parcel of land described in Book 191, Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records; thence Northwesterly 26.51 feet along the arc of a 37.50 feet radius curve to the left having a central angle of 40130'00" whose chord bears N 53°40'00" W a distance of 25.96 feet to a point of tangency; thence N 73055'00" W and along said tangent 166.44 feet; thence N 85010'21" W a distance of 50.40 feet to the Northwesterly corner of the Mountain Haus Parcel; thence S 02018'00" W and along the easterly line of said Mountain Haus Parcel a distance of 1.00.00 feet to the Southeasterly corner thereof; thence S 45013'53" E a distance of 38.70 feet to the True Point of Beginning, containing 30,486 square feet, more or less. Applicant: Vail Athletic Club Planner: Shelly Mello :•_•.:v.::aav:.:.:avv:.va:v.va..a::v:nv::.:vav::..av.v::.:n:::v::::n:: v.:v.::v:.::::: v::.v::. .nv.v. v.a?a?av. ....Spaw:n:}w.va:..Y: paww ::-...:.v:.. ..:•Y•::-i:::....:::..:.:v::::;•:n:-.v:::::.tii>_:.?..;.y,.a..ya, :y.:::nv: ::v :::..v. y•,ryava??a?a-na..nw.... \ n......::::::::::::::::.v::::.: ~ -..~.:::.~.~:::::::::::::::............-.....::.v. :.:::::n::•: ::•.v.::v.....: n.aa...vaaa... n.:\\..:?-:.v.v :..v.-•::: v...........- n..xam???w....?...?....nv..n..+nw.?+?..a..:....a......nn?:...w. .van.:- ...v i'i:'ii ti:L jiffy j; ;:~i} n.v....?:vam+..?va..a.?:...aaa??.?vw..w.?a:va 1. PROJECT OVERVIEW The applicant is requesting a review of the proposed establishment of a Special Development District (SDD) for the redevelopment of the Vail Athletic Club located at 352 East Meadow Drive. The Vail Athletic Club is located on the southwest corner of Vail Valley Drive and East Meadow Drive at the bottom of Blue Cow Chute. The property is currently zoned Public Accommodation and is considered to be nonconforming with regard to development standards. The applicant has indicated that the purpose of requesting a SDD for this property is to improve the appearance of the building and site as well as make it a more viable hotel. The proposal includes the deletion of six dwelling units, the addition of twenty-four 1 accommodal.'on units, a decrease to the Club Area, a decrease in total restaurant area, modifications to the elevations, a decrease in common area and the addition of nine underground parking spaces. The four existing employee units will remain on-site and will be permanently deed restricted. The deviations from the Public Accommodation development standards include: 1. Density. The proposed density for the project will be 30.33 dwelling units (DU), which will include 52 AUs, 3 DUs and 4 employee housing units. The existing density for the project is 24.33 DU and the allowed density for the project,17.5 DUs. The total density increase is 6 DUs over the existing development and 12.83 DUs over the allowable density. 2. GRFA. The applicant is proposing a total of 32,282 square feet of GRFA. In addition to this, there is an overage on common area of 8,456 square feet. When this is added to GRFA, the total GRFA for the project will be 40,738 square feet. The allowed GRFA/Common Area for the project is 32,924 square feet. Currently, there is 33,902 square feet of GRFA in the project which includes overages on common area. This results in a total increase of GRFA/Common Area of 6,836 square feet above the existing development and 7,814 square feet over the allowable GRFA/Common Area. 3. Common Area. The applicant is proposing to reduce common area, however, the existing project is in excess of the allowed common area by 13,541 square feet which is added to the GRFA. The proposal would exceed the allowable common area by 8,456 square feet. 4. Height. The existing building is 67 feet in height on the south elevation and 59 feet on the north elevation. The allowable height is 45 feet. The applicant does not propose to increase the ridge height, however, dormers will be added to both the north and south of the building where the ridge heights exceed the 45 foot height allowance. 5. Site Coverage. Currently, the site coverage for the project is 20,796 square feet. The application will increase this to 21,350 square feet. Which includes the underground parking and service areas. The allowed site coverage for the site is 16,767 square feet. 6. Accessory Use. The accessory use allowance is 10% of existing GRFA. If built as proposed, this project would have an accessory use allowance of 3,228 square feet. As proposed, the allowable accessory use will be 3,426 square feet. This is a reduction from the existing 4,066 square feet. However, there is still an overage of 198 square feet. 7. Setbacks. The applicant proposes to add building along the north side of the project. This will be in the area of the entry and the restaurant. The addition of the entry will result in a 1 foot setback from the property line. The existing parking structure has a o foot setback. On the south side of the project, the applicant is proposing an at grade terrace which will have a minimum setback of 2 feet. The required setback in this area would be 10 feet. In addition, other areas of the building which are currently in the 2 setbacks will be infilled. This includes an area on the northwest comer as well as decks along the rear of the building. The dormers will also be increasing the amount of building in the setbacks. The applicant has proposed to do the following with the application:' 1. Decrease the amount of GRFA allocated towards dwelling units and increase the amount of GRFA for accommodation units. 2. Decrease the number of dwelling units and increase the number of accommodation units. 3. Encroach further into the front setback with entry and second-story accommodation unit as well as an addition to the restaurant to the east of the entry. 4. Increase common area while decreasing the area allocated towards accessory uses and athletic club use. 5. Add dormers to the building on the north and south side which do not exceed the existing ridge height of the building. Insert decks into the roof structure on the south elevation. 6. Increase the amount of site coverage as a result of the new entry and restaurant addition (554 square feet). 7. Add terrace and expand dining deck on south elevation. 8. Removal of deck on the south elevation which currently encroaches onto public land. s. The applicant is proposing to meet the incremental increase in parking requirements. There is an existing deficit of 58.44 spaces on the site. The new parking is located in the following manner: •2 spaces built underground below the entry •2 spaces added by relocating an existing ski storage area •2 spaces added by relocating the laundry room •1 space added along the south side of the parking structure -2 spaces in central area of parking structure 9 total 10. Change exterior materials of building. This includes stucco, wood trim, deck railings and a wood shake roof. 3 11. Add Etreetscape improvements. These include: a 6 foot heated concrete paver walk along West Meadow Drive, an 8 foot heated concrete paver walk along Vail Valley Drive extending over the Gore Creek bridge and street lamps. The pavers on the bridge will not be heated. 12. Relocation of existing trash area and removal of the existing trash facility which is encroaching onto adjacent properties. 13. The applicant proposes to provide one two-bedroom employee housing unit within the Town of Vail which will be restricted according to the .Town .of Vail employee housing requirements. 14. Additional landscaping on the north and south sides of the building. 'For further details on the deviations please see Section III, Zoning Analysis, of this memorandum, which specify the changes in development standards for the project. Also, please see applicant's description of proposal for specific details. ll. BACKGROUND A. Project History The Vail Athletic Club was originally developed in 1977 and included a mixed use building with condominiums and accommodation units as well as the health club facility and offices. Twenty on-site parking spaces were provided for the project and a variance was received for the remaining required spaces. Per the file records, it appears that the variance was granted in order to facilitate the construction of hotel rooms which were needed in the community at the time. In 1977, it was felt that it would be reasonable to grant a parking variance for the sixteen parking spaces for this property due to the proximity of the Town parking structure. Parking variances for four additional spaces have been granted for the project since that time. In addition, while variances were not granted for height or density, the project was allowed to deviate from these standards. Setback variances were granted in 1977 for the development of the project. The property has been the subject of numerous redevelopments over a number of years and subsequent parking variances. At the time of the project approval in 1977, it was discussed that possibly a portion of the property which the Vail Athletic Club had acquired would not be counted towards their developable site area. Research has been conducted regarding this issue to determine whether or not that was actually done. The staff has found no definitive information which would indicate that this was completed. B. Previous PEC reviews On June 28, 1993, a joint worksession was held with the Planning and Environmental Commission (PEC) and the Design Review Board. (DRB) to discuss the establishment of an SDD for this site. At this time, the applicant was directed to work with the existing volume of the building. It was also indicated that it might be acceptable to expand the building adjacent to the Mountain Haus. It was stated that some expansion would be acceptable on the 4 southwest comer and that no additional development should be proposed on the north side of the building. In addition, there was a concern with the additional shade/shadow being cast on Meadow Drive. In regard to parking, the PEC indicated that the applicant should strive to accommodate parking on-site. On Tuesday July 13, 1993, a worksession was held with the Town Council regarding the parking for this project. During this discussion, three of the Town Council members were open to discussing further the possibility of pay-in-lieu parking for this site. Three of the Town Council members felt that the applicant should accommodate parking on-site due to the already significant overage of parking which is not provided on the site. As a result of this discussion, the applicant has provided an additional nine parking spaces on the site which will accommodate all of the increases in parking generated by the renovation of the building. On July 26, 1993, an additional worksession was held with the PEC. Please see the attached minutes which detail the discussion 5 Ill. ZONING ANALYSIS Listed below is the zoning analysis for the Vail Athletic Club SOD proposal. ALLOWED DEV. EXISTING PROPOSED STANDARDS DEVELOPMENT DEVELOPMENT Site Area: 30,486 sq. ft. 30,486 sq. ft. 30,486 sq. ft Setbacks: 20 feet north: -0- north: -0- south: 2' - 26' south: 2' - 26' 0' (decks) -0-(decks) east: 12 - 20' east: 12 - 20' west: 12' west:. 12'. Height: feet 67 south; 59 north 67 south; 59 north Site Coverage: 16,767 sq. ft. 20,796 sq. ft. 16,300 sq. ft. + 5,050 sq. ft. - 21,350 sq. h. includes garage and below grade service area on east side. Landscaping: 9,145 sq. ft. 9,071 sq. ft. 9,730 sq. ft. (Including at-grade decks) Units: 25 units per acre 28 AU + 9 DU - 23 DU(2 LO)"" 52 AU + 3 DU - 17.5 units + 4 emp units" = 24.33 DU(2 LO)' 29 DU (2 LO) + 4 emp units - 30.33 DU (2 LO) GRFA: 24,388 sq. h. (80%) 10,927 AU + 8,122 DU 24,647 AU + 6,252 DU - 19,049 sq. ft. - 30,899 sq. ft. + 1,383 + 1,312 emp units - 20,361 emp units - 32,282 + 8,456 + 13,541 common - 33,902 common overage - 40,738 Accessory Use: 10% of e:asting GRFA 2,036 sq. ft. (Allowed) 3,228 sq. h. (Allowed), Restaurant: 3,606 sq. ft. 3,285 sq. ft. Club Retail: 460 so. ft. 141 so. h. Total: 4,066 sq. ft. 3,426 sq. ft. Common Area: 8,536 sq. ft. (35%) Halls/Mech: 19,235 sq. ft. 14,265 sq. ft. Conference: 2.842 sg. ft. 2.727 sq. ft. Total Common: 22,077 sq. ft. 16,992 sq. ft. (13,541 sq. h. overage) 8,456 sq. h. overage) Club Area: .22,257 sq. ft. 20,881 sq. ft. Parking Garage: 4,131 sq. ft. 5.512 sq. ft. Total Building Square Footage.- 72,892 sq. ft. 79,093 sq. ft, 6 Panting: 20 on-site due to 20 29 (242% compact) approved variances. Halls/Mech: -p- ` Club Area: .Q- Retail: 1.84 panting spaces .47 parking spaces . Conference Area: 11.8 parking spaces 1129 parking spaces Restaurant: 22.5 parking spaces 20.3 parking spaces AU: 21.8 parking spaces 44.75 panting spaces DU: 16.5 parking spaces 6.5 parking spaces Emp Units: 4 parkino spaces 4 narking spaces Total Panting: 78.44 panting spaces 87.31 parking spaces (8.87 or 9 space increase) A lockoff is an accommodation unit which is attached to a dwelling unit and is no larger than one-third of the total floor area of the dwelling unit. Required by the Vail Town Council in 1977. Units are to remain on-site for the life of the building. Each employee unit counts as .333 units towards density. Includes GRFA/Accessory Retail/Restaurant/Club/Common/Parking. There is a total increase of building area of 6,201 sq. ft. The memorandums on the Vail Athletic Club condominium conversion process indicate that 24 AU and 5 DU were rental restricted and 2 DU were approved with no restrictions. There are no file records which indicate the approval of the 4 additional AU's and 2 DU's currently on-site. IV. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL As stated in the Zoning Code, the purpose of Special Development Districts is as follows: 'he purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use: to improve the design character and quality of new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to provide the natural and scenic.features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements guiding development and uses of property included in a special development district." The staff finds that the application meets the purpose of the Special Development District. Specifically, staff finds that this application furthers the overall goals of the community as stated in the Vail Comprehensive Plan. The project proposes to improve the design character, function and quality of the development and provide additional short-term units within the Village which is a specific goal of-many elements of the Comprehensive Plan. The staff as well as the PEC have identified in past reviews that this site is appropriate for increased densities as well as a variety of uses due to the location and proximity to the Village core area. In addition, employee housing and streetscape improvements are proposed which provide overall community benefit. Staff recognizes that the existing building exceeds the underlying zoning requirements, but believes that due to the site and location it is suitable to allow for such deviations as proposed in: the application given the goals and policies in the Town's Land Use Plan, Vail Village Master Plan and Streetscape Plan. Please see Section VI for furt ei r de- t on these p ans. 7 V. SPECIAL DEVELOPMENT DISTRICT CRITERIA The following nine criteria should be used to review the project. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Massing The staff feels that this criterion is especially important to the review of this project. While this application does not propose to increase the maximum ridge height, the proposal includes adding dormers to the existing roof. The amount of building area is increased with building infills and the introduction of a series of dormers. On the south side, roof cut outs are being used for the three central top units. Otherwise, dormers have been added to both sides of the roof form in order to utilize existing "dead" space. The applicant has also modified the roof form on both the east and west elevations of the building. The east elevation terraces back from Vail Valley Drive and additional windows have been added to this elevation. Terracing has also been accomplished on the west elevation adjacent to the Mountain Haus. The low eave line which is maintained with this proposal and the landscaping of the site bring the scale of the building down to a pedestrian level. The staff feels that maintaining the pedestrian character of this area is important as it is seen as a major corridor to Golden Peak and the Village from the parking structure and is also used by pedestrians to access Ford Park. The Vail Village Master Plan calls for this building to have a maximum of four stories. From the original application, the applicant has lowered the building to the existing ridge line in all locations and decreased the scale of the dormers in order to decrease the shadow on East Meadow Drive. Sun/Shade The proposed building increases the amount of shade on East Meadow Drive by 5 feet 6 inches in the area of the entry, 24 feet 6 inches on the west wing and 5 feet on the east wing on December 21st (See attached sun/shade analysis). The impacts on shade on September 21st will be an increase of 1 foot 6.inches in the center of the building, 11 feet on the west wing and 2 feet 6 inches on the east wing. The amount of shade is determined by both the angle of the sun and the height of the ridge or eave line. While the December 21st date creates the most impact, the September 21 st date is what is specified in the code for sun/shade analysis in the CCI zone district. Although this property is not in CCI, the shade impact is important to address for this pedestrian area. 8 The greatest impact in shade is seen on the west wing of the building. On December 21st, the proposed building will cast shadow onto the sidewalk. On September 21 st, the increase in shade in this area will be 11 feet and does not cast shadow onto the sidewalk. It should be noted that the existing building casts shadow beyond the sidewalk into the street in the center of the building and east wing. In the center and east wing, the additional shade cast will be 5 feet 6 inches and 8 feet accordingly as a result of the dormers. The applicant proposes to heat the paver sidewalk which will make this area safer for the pedestrian. The staff feels that the increases in shade have been minimized to a point that is acceptable. Entry On the north side of the building, the applicant proposes to add a two and a half story entry area to the building. The entry has been lowered by two floors from the original proposal. The design of the entry minimizes the massing impacts of the element and does not add any more shade to the street. Building Footprint The applicant proposes to increase the building footprint by 450 square feet to allow for the restaurant addition and entry. Staff does not have a problem with the restaurant addition as no landscaping is removed. The entry will remove two to four trees which the applicant has agreed to relocate or replace. Streetscar)e The applicant has proposed to install required streetscape improvements discussed in section VIII of this memo. This includes a heated paver walk along Vail Valley Drive as well as a heated paver walk along the south side of East Meadow Drive. The driveway to the garage will also be heated. In general, the project is sensitive to adjacent properties through the use of appropriate architectural design and massing as well as landscaping. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Density The applicant proposes to increase the total density of the project by six dwelling units. This includes the removal of six dwelling units as well as the addition of twenty-four accommodation units. Of the nine dwelling units on-site, six are currently restricted per the Condominium. Conversion requirements. There are two existing units which are free market and the applicant wishes to retain one additional unrestricted unit. The staff feels that because this unit is already restricted that it should remain available for short-term rental according to Section 17.26 of the Subdivision Regulations, Condominium Conversion, or an employee housing unit should be provided in place of the restricted unit as was allowed with the Vail Village Inn Goodes space. The staff would prefer to see an additional 9 employee housing unit versus the restricted DU provided as we believe the employee housing unit also provides an Important community benefit. The staff feels that the applicant's desire to increase the short term hotel units is very positive. The GRFA attributable to dwelling units has been decreased by 1,870 square feet. 13,270 square feet of GRFA will be added to increase the amount of floor area for accommodation units. The additional GRFA has been gained by using existing dead space within the building, using common area more efficiently, and the addition of dormers and infilling portions of decks on the south side. An additional 6,201 square feet of total building area will be added with this proposal. In order to insure that the AU's remain as short-. term rentals, the staff requests that the owner agree to not subdivide the units in the future per the Condominium Conversion section of the Subdivision Regulations. Employee Housing Currently, four employee housing units are required on-site per the 1977 parking variance. The applicant proposes that these units remain on-site and has agreed to restrict these units on a permanent basis. Due to the requested increases in density, the applicant has indicated that there may be an increase of two to four employees on the site. Utilizing the Employee Housing Guidelines, based on the net increase in development over the existing building, two to four additional employees would be generated by the expansion. The staff would require that one two-bedroom or two one-bedroom units be provided to address the increase. The summary is as follows: a) Bar/Restaurant = 321 sq. ft. (Q6.5/1,000 sq. ft.) = 2.08 employees (decrease) b)_ Retail/Service Commercial = 310 sq. ft. (@6.5/1,000 sq. ft.) = 2.015 employees (decrease) c) Dwelling Units = 6 units (@.4/room) = 2.4 employees (decrease) d) Accommodation Units = 24 units (Ca.75/room) = 18 employee (increase) e) Total 11.5 or 12 employees -12 employees x.15 housing multiplier = 1.8 or 2 employees -12 employees x .30 housing multiplier = 3.6 or 4 employees -Assuming two employees per bedroom, the proposed one two-bedroom unit would be needed per the employee generation formula. The staff has used the higher multiplier due to the overages in density. The Employee Housing Report does not differentiate between the provision of on-site or off-site housing. As 10 stated above, the staff would like to see one more employee unit provided in order to lift the use restriction on the proposed dwelling unit. C. Compliance with parking and loading requirements as outlined in Chapter 1852. Parkin Parking has been a longstanding issue on this site. In researching the history of this project, the staff found that there were a number of variances granted to this project. In December of 1977, twenty underground parking spaces were approved for this site. At that time, it was recognized that surface parking was not appropriate for this site and that these spaces would be the maximum number that could be placed on the site. Different arrangements have been made over the years for parking on Town of Vail land as well as other properties for this project to address the deficit. Variances have been granted for a total of twenty spaces over the life of the project. Using today's standards, there is an existing deficit of 58.4 parking spaces for the project. There would be a nine space parking requirement increase as a result of this expansion. This is based on the difference between the required parking for the proposed project and the existing development. The applicant is proposing an additional nine on-site parking spaces which would bring the total on-site spaces to twenty-nine. All of the parking spaces would be valet. Currently, the applicant valet parks eighteen parking spaces in the existing structure. The parking structure will be expanded which will accommodate the nine additional spaces. Due to the type of use of this facility, valet parking is appropriate and has been approved for other projects of this nature. With the full-time concierge and valet, this type of parking solution is feasible. In addition, after reviewing the function of the existing facility, it appears that the proposed plan is reasonable and, the additional nine parking spaces can be accommodated. The two existing exterior spaces will remain adjacent to the entrance to the parking structure on the west side. No additional square footage has been added to the health club and therefore the staff does not feel that it is appropriate to assess a parking requirement for this facility. Parking for a health club is determined by the PEC. There is no parking standard for this type of use. No parking requirement has been assessed in the past and the staff is not assessing any additional parking nor do we recommend to the PEC that a parking requirement be set as no club square footage is being proposed. 11 Load-^q and Delivery The applicant is providing a loading facility with a pull-out from East Meadow Drive. This will accommodate the short-term parking needs of the project. Loading and Delivery will also be accommodated in this pull-off area. The applicant will no longer be allowed to unload deliveries along Vail Valley Drive adjacent to the restaurant entrance. This is a very unsafe practice which the Town does not encourage and will not allow to continue. In addition, the applicant proposes to remove the existing trash facility on the west side of the project. This enclosure encroaches both onto Town of Vail land as well as Mountain Haus property. The applicant would propose to include the trash facility inside the building in this same area. D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. There are three other elements of the Comprehensive Plan which apply to this application: The Vail Village Master Plan, the Streetscape Master Plan and the Land Use Plan. Please see Sections V1, VII, and VIII of this memo for further descriptions of these plans. Many elements of the Town's Comprehensive Plan encourage the development and preservation of hotel-type units. The applicant proposes to add an additional twenty-four AU's and delete six DU's for a total of. fifty-two AU's and three DU's. This is in keeping with the Comprehensive Plan's objective to increase the hotel bed base. Please see Sections VI, VII and VIII that identify the applicable goals and objectives of the plans. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. This site is located adjacent to Gore Creek. No portion of this proposal encroaches -into the 50 foot stream setback or the one hundred year floodplain. F. Site plan, building design and location and open space provisions designed to produce a.functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Building Desion While.the changes to the site plan through this proposal are limited, the building design changes significantly. In respect to the south or Gore Creek side of the building, the applicant is proposing to change the character of the elevation with the, enclosure and redesign of balconies and to change the window design. Dormers will be added to the east and west wings and decks will cut into the roof form in the center area. The applicant has adjusted the south elevation to break up the facade per PEC and staff comments. Initially the applicant proposed to increase the height of the western section of the building. 12 Currently, the applicant proposes to maintain all of the existing ridge lines and not increase the ridge in any area of the building. The staff feels that this is very positive. In addition, the applicant is proposing to add a terrace at the lower level on the south side of the project. This will encroach into the 20 foot setback and result in a 2 foot setback a the tightest point from the south property line. On the north elevation, the applicant proposes to infill an area on the east wing. - adjacent to the restaurant and add an entry. In addition; balconies will be added to units on the east wing. Dormers will be added in all three areas on this elevation. This will allow for the additional accommodation units on the upper level. These additions will cast additional shade onto East Meadow Drive. Landscaping has been proposed along the retaining wall adjacent to the sidewalk on the north side of the building. This will increase the landscape buffer between the building and the public area. The staff feels that this additional landscaping is very important to the project as it will screen the building and mitigate both the existing and proposed impacts of the building. Building's impact on open space and vegetation The application impacts the existing landscaping on the north side of the building. Approximately two to four large evergreen trees will be lost as a result of this proposal. The applicant is proposing to landscape along the new stone retaining wall adjacent to the west wing in order to better screen the building in areas where landscaping does not currently exist. The staff feels that while it is unfortunate that these evergreen trees will possibly be lost, the addition of landscaping which includes evergreen and aspen trees along the sidewalk, will mitigate the impact of the loss of these two to four trees. The applicant will attempt to save these trees. However, in the event that they cannot be saved as a result of this construction, the applicant does agree to replace the trees. The applicant has also added a 3 foot planting step to the east of the existing at- grade parking on the west end of the building in order to help screen the parking. The step will also reduce the height of the wall in this area. On the south side of the building, the applicant will be removing an existing deck which is currently located on Town of Vail land. The applicant proposes to add additional landscaping in this area which includes shrubs and aspen trees. This will buffer the building from the public area. Due to the amount of land and landscaping between the streamwalk and the building, adequate buffer areas are provided. The proposed landscaping adjacent to the building will be positive and will not hinder the use of this open space area on the south side of the building. The applicant has also agreed to provide a maintenance agreement to the Town for this, open space. 13 G. A chL;ulation system designed for-both vehicles and pedestrians addressing on and off-site traffic circulation. The applicant proposes to add nine underground parking spaces. By adding additional on-site parking, the vehicular traffic on East Meadow Drive will be increased. While it is an objective of the Streetscape.Plan to make this area more pedestrianized, it is also an objective of the Vail Village Master Plan to have properties in this area provide on-site parking. The staff feels that the provision of on-site parking to meet the additional requirement is important given the constraints on parking our community must deal with. The applicant does propose to install an entry and pull-off in order to facilitate the drop-off of guests and loading and delivery. The installation of a drop-off area will be a benefit to the area as currently there is no off-street drop-off area for this building and the existing situation creates congestion along East Meadow Drive as guests and trucks park in the bus lane on Meadow Drive. The Town Engineer has signed off on this solution. With this application, the staff recognizes that it would be difficult to completely restrict East Meadow Drive from vehicular traffic, but would strive to limit the number of vehicles which must access East Meadow Drive. We also believe that by providing safe well designed sidewalks, pedestrian circulation can also be accommodated. The applicant's proposal improves both pedestrian and vehicular circulation in an area that currently must provide for both uses. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Due to the installation of the pull-off and entry and relocation of the retaining wall in this area, two to four evergreen trees could possibly be lost. The applicant has agreed to attempt to save these trees, however, it would appear that this may not be possible. The applicant does agree to replace these trees in addition to increasing the landscaping along East Meadow Drive between the building and the roadway adjacent to the sidewalk. Trees in the 30 foot range will be required to replace the trees that may not be able to be relocated. The new landscaping in front of the building includes evergreens that range in size from 10 to 15 feet and aspens having a minimum of a 3 inch caliper. To the east of the main entry to the building, the applicant is proposing to redesign the sidewalk as well as the landscape area. This will involve cutting back the existing utility grate and bringing the landscape down to the same grade as the sidewalk. This is accomplished by moving the sidewalk and curbline to the south from the existing location. Landscaping will also be added on the south elevation in the area where the existing deck is being removed. Aspen trees and shrubs will be added to this area and the grades will be redone to match the existing topographic conditions. 14 The landscaping on-site will be Increased as a result 'of the removal of an above grade deck. With this application, the project will be in compliance with the landscaping requirement for the site. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development.of the special development district. The applicant has not proposed that the construction of this project be phased-., VI. VAIL LAND USE PLAN The goals contained in the Vail Land Use Plan are to be used as adopted policy guidelines in the review process for new development proposals. The Land Use Plans Goals/Policies applicable to the Vail Athletic Club redevelopment are as follows: 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. 1.3 The quality of development should be maintained and upgraded whenever possible. 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. 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. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 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. 15 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. The application meets the goals and policies in the Land Use Plan. The addition of short-term hotel rooms is a very positive addition to this area. Item 4.2 specifies that increased densities in the core are acceptable if the character of the area is preserved. The applicant proposes to change the character of the building by changing the materials and design details of the building. While the proposal increases the size of the building, the staff believes that the applicant has attempted to utilize the unused interior spaces of the building to minimize the expansion on the exterior of the building. The scale and design of the building with the addition of new materials and landscaping maintain the alpine character of the development. VII. VAIL VILLAGE MASTER PLAN The proposed redevelopment of the Vail Athletic Club carries out many of the goals and objectives contained in the Vail Village Master Plan. Applicable goals and objectives are as follows: Goal #1 -Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Obiective 1.2 - Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 - To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. Obiective 2.1 - Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. Obiective 2.3 - Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1 - The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Obiective 2.5 - Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1 - Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 16 Obiective 2.6 - Encourage the development of affordable housing units through the efforts of the private sector. Obiective 2.6.1 - Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Goal #3 - To recognize as a top priority the enhancement of the walking experience throughout the village. Obiective 3.4 - Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. Goal #5 - Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Policy 5.1.1 - For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.5 - Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Obiective 5.2 - Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. Although this location is not addressed in any sub-area concept of the Vail Village Master Plan, it is discussed with regard to the height of buildings. The ,Vail Village Master Plan specifies that buildings adjacent to Gore Creek should have a height of four stories. The existing building is four stories along East Meadow Drive. The proposal builds into the existing roof to form a fifth floor. This is being accomplished by adding dormers, infilling portions of decks on the south side, and using existing common area and dead space in the roof form. None of the ridge lines will be increased and all of the existing eave lines will be maintained. This application addresses the four Vail Village Master Plan goals which are applicable to the site. It also meets the twelve policies and objectives which are applicable. VIII. STREETSCAPE MASTER PLAN The Streetscape Master Plan points out that traffic on Vail Valley Drive is very heavy throughout most of the year. It is especially heavy in the morning and late afternoons during the ski season, and evenings and weekends during the summer months. Pedestrian traffic has increased because of the expansion of the Village Parking Structure and the creation of a new eastern exit portal from this facility at Vail Valley Drive. Specific improvements for Vail Valley Drive in the area of the Vail Athletic Club include the addition of an 8 to 10 foot wide heated concrete unit paver walk on the west side of Vail Valley Drive extending over the 17 bridge at Gore Creel- and a 6 foot wide concrete unit paver walk on the south side of East Meadow Drive. The applicant has included these improvements in this application with the exception that only a 6 foot walk is being proposed along Vail Valley Drive due to site constraints and 8 feet along Meadow Drive. IX. STAFF RECOMMENDATIONS The staff recommends approval of the application. We find that the proposal has developed into one which is in compliance with the objectives and purpose section of.the SDD zone _ district as well as the.other Comprehensive Plan elements as described in the memo. The. approval includes the following understandings: 1. That the owner will permanently restrict the 52 Aus as short-term rental units and that the 52 Aus shall not be subdivided in the future to allow for individual ownership. The condominium declarations shall be amended to include this point before any occupancy permits will be released. 2. In addition to the one two-bedroom permanently deed restricted employee housing unit, the owner shall provide one-bedroom employee housing unit to allow for the use restriction to be lifted from the restricted dwelling unit. The employee housing unit restriction agreements shall be signed and submitted for staff approval before a building permit will be released for the project. The following items will need to be addressed further as the project develops into working drawings. 1. Engineered drawings will need to be submitted which address the streetscape improvements for review by the Town Engineer before a building permit is released for the project. The staff feels that the application is a positive one and does meet the goals and objectives of the Town's Comprehensive Plan. These include the Land Use, the Village Master Plan, Zoning Code and SDD Criteria. We recognize that the proposal deviates from the existing zoning. We recognize that it is important to increase accommodation units as well as maintain and improve existing buildings- in town in order to maintain the area. We feel that this is a site which can handle increased density and deviations from the site development standards which include height, density and site coverage while maintaining the existing scale and character of the neighborhood. cApeclmemoslvac.927 18 1 - j ' Lat. Y-, 11II 1.°f i -ill 1 _ .nmC=19I1I=L LLn- !--m! J R- gj_j nn-__ I .1.. ~1- , ~j1 ~Lll {J l1 In Ip fc~ r_ _ _~_~I X11111 ~~~tlll I t ~l~I~LE~~~` I Fm' ~ ~ IfUllm, WWII-1 [a f 1 f i I.. VMLA7I11.EiiCt1_UB South Elevation j i Ia.W 4«/p~ Morn 1 111 i.1/t ~~(/•~,MMI.y /nti 1.1'. ~ j•_ I~•~• ur it Ml I• w w. r - l, .t - w.. '1 U » o® i _ rin M EE log , F-9 Ulm IB 8 1I1 Al. 7T i ter.. NL f LLGVI~(lo?1 . . ~~^f LLCVAf~a.. VAIL A711LEnc CLUB Elevations . m~ i:"r.~.' MMwei for ~'~•-~'.o i ~-------~---_--~•------1--.'~..~ t1~M..~j•-~--,L_ Ir-`"'"'fir--'--` ~t~rr II I ,I J ~ 1. 1 l+ 1 I1 f - '1 _ .yam N•,IW i - _ ,f _ 1T 1 K 1 Mv.ur r r 11 a~. ~ 4L. - r- ; fwMµ! 1 •w w r I 1 I i N •••.rl I ~~.1 . lMl r r•1.~ 4..••r• ~~-'1 I•- 1 . ~ • ~ ~ y 1' N f M^ I h,• 1: 11 ...1 wya„y I n•aw.r, •a,'-- ~v. wr ~ ~''fl~. -11 1 I TI~'+c I I. r-~ I Iwrt~/rf ,1 , i - ~ I I c c~->_ _ f ' rI ~ .1. aM1r1• la I ~ ~ /w 1~,:1 ~ ' !rte. r " ...1.1...... ~ . Y~ I % / / ICI Q _ J-•--+--' 1 ~ • /II? Il, I Ilt / ~ IM11 IaM I_ J • i '~-~r , . 1 - ~ 1 1 1 , 11 I;; _ '00 0 ._l"••+ct/~ _ u"} A nfLHL~ N•H TYra .Ilcw -_Cr~n +r y++wrw IT 46 I,.,r VAILAllB--TIC CLUB Upper Health Club w, u.•K «.1. .r 1 nrr.r r+••..Wa „It Y • ~~•+-I+•.w Or.. . 1 r•r..rw , , H.ww/•IrH t,ll M • ~rtwr~ `w)..~.~\wr 6.,~„~ •M.1r - ki \iT'~•,r~i 8.6 It. . ~L,I M.L~ fl•N 4.N -1 • - .aalru. wr-SFr rw ••r rr ~O~" ~~VI• r'.~ I.N -li• fyVµ, HI 41 1+s.^fc•" 1'• •rr•au clr •+R - ~ 'f! jrNa. /wt ?..van• /c•la•o 1, • .{.a•r, ~ - _ ~ r• . - .5.:-..v ~ ~a I ` + - I w• w 41 . • . M•.IAS•. UP- 4 1 I~ ~ I•.?wN • IINI Vl - (1 --y U 13 h frr•all l t.vvl 1 1 \ t I I ~ w (H' 1 1 LRIA 1'R•)R•,1-(_(ALr _Pf N~IIY PNAI Y+I.. 71....a• . M _ 1.I. f.....y ra•r•_••. ,t.:. •r w.l+taa••+•t 1•va• VAILATHLETIC CLUB 4 Firm Floor Plan.. °v~ 1 11.4. 7r•• • ,•M • ?.7,7 •r ?la•.r a.., ,aw i•..r4•I~w fr.., {nf a••M tM,1, - 1„7 +r t•r+l•L. • 1. N\ 111 wv • 7. /J'. r 4 rnla: boas..... L W'.. .7 •-•a•va at. w •waw, •wa •.v. 77,•71. t•, «I. n,•7a,r .1C~1ltl. (r1ru1~. t_felli_...•, .4•'-'••/••••~ Yr••y . lur..l..r.:r•"ry~aaw wr /•r.l~r b••a •I.y Ma /IY..r.r• ,t,17/- tll•r1• I.NN a••a. 1•.• 1 .•1. Ir ll.r 1•'. Yr• r t~ {IV •11. •tr,+ L,r IIIIaY ll• /b•rt )u M.V4 A+nJ av aa,r p„~ • M7• r T •I0•1 - H,•la v • 1.1•a •^•t~N7•~• ••-t /•.IN ta•. r t..t, (t.at n• r i+.•r.~ 1.11 • twt.f, 7 - C- s., w ?,.r ( Mr I Wu, ~i r.•1 ~•1 (M, "Il (ff,«, hV,•1 L«.,•1 ..tr l l..f) A-Lir, ir 7 7_ ? : ° =9-;== Wit'- r 1~. Ell I IQI 11 I: ~ ~I.=. • Mf p ~ w/r, M1w " F_. 1'" f.•""'" VAIL ATHLETIC CLUB 1,.,, • ......../..""C__ Second Floor Plan toAc l.r. V- 0' tl•. q 282 A f4a A. Ll P, w On[ 1 n - t, ~ •ww • _ 1.x.1 I .IV YI Mr h•+ ' • Ivvl Iw.11 cl.l.l l.~.. k //n r>, Iwo ti . 1 ti~ y• f I I ' I I I ' I ' ' I _ • I ' I 1 1 yAll OyLE71CCLUB Third Floor Pia. 1 1I ..L .4,..^'/•1w1 1,•..y rrll y M~~r ..r 1'r.l'•I j 1 I • 1 _ Iw vl - Fifth Floor Plap; • 1 IY.W • , / c/% . 'f Jam,,, ~ - , ~ ~r • • • t ' - ~~-r H~i~ll { wrl Avt ~ p..• ~1 IM.1. • •-nn .N F"•• !VAIL ATHLETIC CLUB ~ 111, M /.l NW. t .lw~~ L~'.Ir..r~ Mr....A+M (+•w Fourth Floor Plant ' /ru .HIV ...Iu.Y,.,. L,... IrLw L..•W,Il..ur N• ,.stir VAIL ATHLETIC CLUI September 11, 1993 SDD - STA'IEvEENT OF PROPOSFQ TNMPRO The Vail Athletic Club (VAC) agrees as part of the implementation of our SDD proposal to make the following improvements: Iandscane - East Meadow Drive / Vail Valley Drive The VAC will extend the curb and sidewalk 6'-0" along East Meadow Drive and 8'- 0" along Vail Valley Drive to create a continuous, heated, rectangular concrete paver sidewalk extending from west end of the VAC service/parking drive on East Meadow Drive to the Gore Creek Bridge onVail Valley Drive. This will be coordinated with the town engineer. We will revise the curb-line at intersection of East Meadow Drive and Vail Valley Drive in accordance with the "entry feature" concepts put forward in the Vail Village Master Plan and as shown on the site plan. At the "entry feature" and partially along Vail Valley Drive, we will eliminate the existing retaining wall to bring the landscape down to the level of the sidewalk. We will reface the existing landscape retaining walls along the garage and Vail Valley Drive with stone. tti'e will incorporate signage to inform vehicles that East Meadow Drive is a "pedestrian area" open only to vehicles on "official business" with the VAC and the Mountain House. We %ti7ll %1,-ork with the Design Review Board and AIPP to supplement the existing streetlainps along the VAC side of Vail Valley and East Meadow Drives. We will create a new car pull-off guest drop-off area directly in front of the new hotel/health club entry. This area will be paved with granite pavers and heated. We will need consent from the town's authorities that short-term parking in the opposite direction will be permitted here. The creation of the new hotel/health club entry and car pull-off along East Meadow Drive should result minimal disruption to the existing vegetation in the landscaped area above the existing garage. All necessary steps will be taken throughout the course of construction to protect the. existing vegetation. New drainage grates will be introduced to handle melting runoff at East Meadow Drive. This will be coordinated with the town engineer. We will replace the existing wood transformer grate with a new steel grate. I.ands~a - Tor Cre k /South Sid ' We will work with the town to formalize an informal maintenance agreement regarding the town's property between the VAC and the pedestrian path along Gore Creek. We will prune the dead brush in the area between the VAC and Gore Creek. We will remove the existing wood sundeck that is partially on town property, as well as the existing wood utility shed by the hot tubs and the existing wood trash shed at the service/garage drive. _ We will create a landscaped path from the end of the existing service drive/fire lane through to the town property on the south side of the VAC. We will construct a new stone terrace at the existing upper health club/swimming pool level along the south side of the building as shown on the site plan. Building Exterior We will restucco the entire outside of the building. The stucco color will be light, natural color. There willbe a stone base by the new entry. We will be installing a new wood shingle roof throughout We will be introducing new wood trim and roof overhangs as shown on the elevations. We will be revising the existing porches, balconies and decks with new wood trim to create the more traditional porches shown on the elevations. We will be extending the existing dining deck along. the south side of the restaurant to connect with the new hotel lounge. We will be constructing a new on-grade hotel/health club entry on East Meadow Drive. We will be extending the north wall of the restaurant 61-0" to the north and filling in an existing 28'x 9' "indentation" along the south side of the dining terrace. We will be installing new wood windows and doors throughout We will be adding new dormers at the fourth floor level along both the north and south sides of the existing stucture We will be adding new chimneys throughout for the new gas fireplaces. Interior Improvements - Health Club The improvements to the health club will not be extensive, they will focus on increasing the spa and cardiovascular capacity of the club and adding new doors and windows along the south wall of the upper level in order to introduce more natural light into. the club. Most areas of the club stay as they are. We will be adding new floors at the upper health club level above the weight room and the existing racquetball court. We will be creating a new staff locker/lounge area at the lower health club level. Interior Improvements - Garage Our SDD proposal will create the need for an additional cars to be parked on site. We will be relocating a portion of the existing laundry facility to create room for 3 additional cars and eliminating two storage rooms to create room for an additional 4 cars. The rP ain;ng 3 cars will be accomodated within the existing garage through a valet parking arrangement Interior lmnroyements'- Hotel .We will be creating a new double-high hotel lobby and lounge area which will connect to the new hotel/health club entry. There will be a new open stair to a balcony above the lobby at the second floor. We will be renovating and revising the existing conference room on the first floor, adding a new boardroom at the second floor and creating a new meeting room along the south side the first floor of the building. We will be relocating two employee units from the fourth floor to the first floor. The other two employee units will be relocated to the third floor. These units will be maintained on-site, as per a previous agreement, for the life of the structure. We will be eliminating 6 existing DU's and adding 24 new AU's to create a new room mix of 3 DU's and 52 AU's. The average size of our new hotel room (AU) -will be increase by 54 square feet to 478 square feet from 424 square feet All of the existing hotel rooms will be totally renovated. All of the bathrooms will be renovated and made larger. interior mnrovementg - H _nlth Club The improvements to the health dub will not be extensive, they will focus on increasing the spa and cardiovascular capacity of the club and adding new doors and windows along the south wall of the upper level in order to introduce more natural light into. the club. Most areas of the club stay as they are. We will be adding new floors at the upper health dub level above the weight room . and the existing racquetball court We will be creating a new staff locker/lounge area at the lower health club level. Interior Imnrovemente - Garages Our SDD proposal will create the need for an additional )z cans to be parked on site. We will be relocating a portion of the existing laundry facility to create room for 3 additional cars and eliminating two storage rooms to create room for an additional 4 cars. The remaining 3 cars will be accomodated within the existing garage through a valet parking arrangement Interior Imnrovemen s - Hotel We will be creating a new double-high hotel lobby and lounge area which will connect to the new hotel/health club entry. There will be a new open stair to a balcony above the lobby at the second floor. We will be renovating and revising the existing conference room on the first floor, adding a new boardroom at the second floor and creating a new meeting room along the south side the first floor of the building. We will be relocating two employee units from the fourth floor to the first floor. The other two employee -units will be relocated to the third floor. These units will be maintained on-site, as per a previous agreement, for the life of the structure. We will be eliminating 6 existing DU's and adding 24 new AU's to create a new room mix of 3 DU's and 52 AU's. The average size of our new hotel room (AU) will be increase by 54 square feet to 478 square feet from 424 square feet. All of the existing hotel rooms will be totally renovated. All of the bathrooms will be renovated and made larger. ORDINANCE NO.11 SERIES OF 1999 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 8, SERIES OF 1995, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR THE WESTHAVEN CLUB & LODGE LOCATED WITHIN DEVELOPMENT AREA A, IN ACCORDANCE WITH SECTION 12-9A-10 OF THE ZONING REGULATIONS TO ALLOW FOR THE CONSTRUCTION OF TWENTY-ONE, TYPE III EMPLOYEE HOUSING UNITS, ELEVEN FRACTIONAL FEE CLUB UNITS AND SEVENTEEN ACCOMMODATION UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Gerald Wurhman, as owner of the property, has submitted an application for a major amendment to Special Development District No. 4, Cascade Village, Development Area A; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 8, Series of 1985 to amend and re-establish the Development Plan for the "Ruins" site (Westhaven Condominiums) to allow for the construction of the Westhaven Club & Lodge; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 11, Series of 1999. 1 Ordinance 11,Series of 1999 Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan'for Special Development District No. 4, Area A, Westhaven Club & Lodge. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Westhaven Club & Lodge therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open . space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants 2 Ordinance 11,Series of 1999 thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, -or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4./1 B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure 3 Ordinance 11,Series of 1999 Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or.first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge-, 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. 4 Ordinance 11,Series of 1999 C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings, as amended. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. 7. Transportation Business. 8. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; 5 Ordinance 11,Series of 1999 D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the. operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 6 Ordinance 11,Series of 1999 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. 7 Ordinance 11,Series of 1999 D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 8 Ordinance 11,Series of 1999 Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail/ Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE 1 16 20,000 20 0.00, MILLRACE II 14 17,534 25 0.00 t - s MIL',- ~.l~i= I;II 0 7 MILLRACE IV 6 10,450 19 0.00 (COSGRIF F)"` f WESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaurnot 900 CMC BUILDING Cascade 1Afing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Offdce 0.00 4 Theater/Meeting Room 2.1 1,387 0.00 11.5 r TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 9 Ordinance 11,Series of 1999 P -7 PLAZA 1 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CIVIC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 F, w UL ~J -9 Plaza Office" 925 .7 r7 TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 (includes 2 EHUS) "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. "'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. 10 Ordinance 11,Series of 1999 CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 Development Plans ~':')ite specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 11 Ordinance 11,Series of 1999 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans; Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 12 Ordinance 11,Series of 1999 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. Site Plan, SL-1, R.G. Clark & Associates, 3/26/99 42. Site Grading Plan, SL-2, R.G. Clark & Associates, 3/26/99 ~43. Landscape Plan, SL-3, R.G. Clark & Associates, 3/26/99 .44. Southeast Elevation, R.G. Clark & Associates, 3/26/99 45. Northwest, Northeast, & Southwest Elevation, R.G. Clark & Associates, 3/26/99 46. Sections & Details, R.G. Clark & Associates, 3/26/99 47. Parking Level Plan, R.G. Clark & Associates, 3/26/99 48. First Floor Plan, R.G. Clark & Associates, 3/26/99 49. Second Floor Plan, R.G. Clark & Associates, 3/26/99 :50. Third Floor Plan, R.G. Clark & Associates, 3/26/99 51. Fourth Floor Plan, R.G. Clark & Associates, 3/26/99 52. Off-site Improvement Plan, R.G. Clark & Associates, 3/26/99 :53. Roof-Top Mechanical Plan, R.G. Clark & Associates, 3/26/99 " A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply uniess more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks 13 Ordinance 11,Series of 1999 A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (6) nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 14 Ordinance 11,Series of 1999 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. [D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E_. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational. center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a 15 Ordinance 11,Series of 1999 parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Club & Lodge, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. "8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-1.0 of the Municipal Code. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 16 Ordinance 11,Series of 1999 6 R 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square Boot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with Eaach construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. G;. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D: If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. HI. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 1. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. 17 Ordinance 11,Series of 1999 h f K. The-two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for the Westhaven Club & Lodge. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Club & Lodge. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 21 employee dwelling units within Area A Westhaven Club & Lodge building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Club & Lodge building (Ruins) shall be deed restricted as a Type III EHU. Said deed- restriction shall be executed and recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a temporary certificate of occuppancy. Each employee 18 Ordinance 11,Series of 1999 unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. mime Requirements ODD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein Westhaven Club & Lodge Conditions of Approval 11. That prior to issuance of a building permit, the applicant submit a detailed oontractor's cost estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant's north property line underground, and that the applicant establish a financial bond with the Town of Vail in the sum. of 125% of the said relocating costs to insure the undergrounding of the utility line. 2. That the applicant regrade and revegetate the knoll located at the northwest corner of the development site at the time of the final grading of the Westhaven Club & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be regrading to slopes not exceeding 3:1. The regrading shall be reviewed and approved by the Town Engineer and said regrading shall be completed prior to'the issuance of a Temporary Certificate of Occupancy 19 Ordinance 11,Series of 1999 a 3. That the applicant provide Type I I I Employee Housing Unit deed-restrictions , which comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code) for each of the 21 employee housing units, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Westhaven Club & Lodge. 4. That the applicant submit detailed civil engineering drawings of the required off- site improvements (street lights, drainage, curb and gutter, sidewalks, grading, etc.) to the Town of Vail Public Works Department for review and approval prior to the issuance of a building permit. 5. That the applicant record a twenty foot (20') wide pedestrian/bike easement for that portion of pedestrian/bike path traversing the applicant's property and as identified on the Topographic Map prepared by Intermountain Engineering Ltd., dated 12/22/94, and that said easement be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. 6. That the applicant provide written documentation from the Public Service Company granting approval of the construction of the Westhaven Club & Lodge in the location identified on the site plan relative to the high pressure gas line. Written approval shall be granted prior to the issuance of a building permit. 7. That the applicant record an access easement along the east property line for that portion of the driveway and access and trash enclosure which encroaches upon the adjoining property and that said easement be recorded at the Office of the Eagle County Clerk Recorder. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. Recordation of said easement shall be prior to the issuance of a Temporary Certificate of Occupancy. 8. That the final landscape plan and architectural elevations be reviewed and approved by the, Town of Vail Design Review Board, prior to the issuance of a building permit. 9. That the approval of this major amendment to Special Development District #4 shall become lapsed and void one year from the date of a second reading of an ordinance amending the district, and that should the approval lapse, the applicant shall be required to remove the "ruins" and restore and revegetate the site by no later than 20 Ordinance 11,Series of 1999 a September 1, 2000. A bond providing financial security to ensure that said removal occurs shall be required following second reading of an amending ordinance. It shall be the applicant's responsibility to provide a cost estimate of the removal and restoration work. The bond shall be in the amount of a minimum of 125% of the removal and restoration of the site costs. The bond shall be in place within 45 days of second reading of this ordinance. If the bond is not in place with the 45 day time period, the approved development plan for the Westhaven Club & Lodge shall become null and avoid. 11. That the applicant revise and submit an amended site plan, landscape plan, and grading plan indicating improvements to the existing boulder retaining wall along the east side of the access driveway. Each of the plans shall be reviewed and approved by the Town staff and the Design Review Board. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. 21 Ordinance 11,Series of 1999 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of April, 1999, and a public hearing for second reading of this Ordinance set for the 4th day of May, 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 4th day of May, 1999. Ludwig Kurz, Mayor Pro-tem .ATTEST: Lorelei Donaldson, Town Clerk 22 Ordinance 11,Series of 1999 li RESOLUTION NO.6 SERIES OF 1999 A RESOLUTION ADOPTING A TWO-TIER SYSTEM OF QUALIFICATIONS FOR THE PURCHASE OF UNIT 36, EAST VAIL LODGING. WHEREAS, the Vail Town Council established a "buy-down" program as a viable affordable housing action which enables the Town, through individual unit price and price : - subsidy, to establish deed restricted affordable housing at a lower cost than new construction and integrate deed restricted housing throughout the community; and WHEREAS, the Town has purchased a unit located at 4093 Spruce Way in East Vail which is Unit 36 in the Vail East Lodging (a Condominium); and WHEREAS, this unit is subject to the rights of first refusal held by other condominium unit owners in the project; and WHEREAS, the Town of Vail, in order to create additional deed restricted affordable housing in the community, will subsidize a lower purchase price to individuals who qualify for the purchase of the property as deed restricted by currently owning no other real estate in Eagle County, utilizing the residence as an owner-occupied primary home, working in Eagle County a minimum of thirty (30) hours per week over the course of a year, and plan to continue working that same amount until the sale of the property or retirement and agree to a re-sale cap of three (3%) percent annual appreciation; and WHEREAS, the Town Council wishes to also make the unit available at fair market value rather than the subsidized purchase price, without any re-sale restrictions, and thereby honor the rights of first refusal under the terms of the condominium declarations so that anyone can qualify to purchase the unit without the deed restrictions or other qualifications. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. A two-tiered system be developed to offer for sale Unit 36, Vail East Lodging, which will enable the purchase of the unit by a person qualified for deed restricted affordable housing or a purchaser not meeting those requirements at fair market value. 2. The terms and conditions of the offer to sell this property shall be subject to approval of the Town Manager and Town Attorney. 1 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of May, 1999. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk CARESOLU99.6 1 i4b u ~y TOWN OF VAIL Office of the Town Manager • 75 South Frontage Road Vail, Colorado 81657 , . 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: April 30, 1999 SUBJECT: Town Manager's Report Manager's Vacation I will be out of town June 9, 1999 through June 16, 1999. I will be taking a family vacation for that period. I will occasionally check in with the office and Anne will know how to reach me if you need anything. Public Works Director Search We have been in the process of screening resumes for the new Public Works Director position. As indicated previously, we received approximately 120 applications and had narrowed those to approximately 15. However, because of the new and pressing emphasis on marketing, special events, etc., I have decided to suspend this search for two or three months. This will allow me to focus more closely on addressing marketing, special events and other organizational issues regarding the marketing issue. Greg Hall will continue to be Acting Public Works Director. I have a great deal of confidence in Greg and his ability to manage the department on an interim basis. I also have confidence in each of the Division Heads to manage their divisions during this interim period. It is my expectation that we will resume this search mid summer. Holy Cross Franchise Agreement The purpose Franchise Agreement between the Town of Vail and Holy Cross Energy is on your work session agenda as well as scheduled for first reading at the evening meeting. The agreement as currently drafted provides for a three percent franchise fee. This fee has remained unchanged for many, many years. It is my recommendation that you consider increasing this franchise fee during the course of adopting this ordinance from three to four percent. This would generate approximately $100,000 annually for the general fund. It is estimated to increase commercial users electric bills by approximately $45.00 and residential users by $8.00 annually. C~~ RECYCLED PAPER .l In terms of other franchise fees charged by other utilities, the breakout is as follows: 10 cities charge 2% 101 cities charge 3% 1 city charges 3 '/2 % 2 cities charge 4% 1 city charges 4 2/3% 6 cities charge 5% Seibert Circle Sandblasting We have scheduled the sandblasting of Seibert Circle for Monday and Tuesday, May 10`x' and l Ith. As you will recall the finish was intended to be exposed aggregate. Due to an error in the installation the intended finish was not achieved. We are requiring the contractor to correct this problem at his expense. We intend to notify the surrounding merchants and property owners of this upcoming work. UPCOMING MEETINGS 5/11/99 WS PEC/DRB review Discuss future of Vail's marketing Site visit and TC appeal of PEC approval of ski tunnel @ Gold Peak 5/18/99 WS Interview for 3 LLA positions Interview for 1 VVMB position Present community survey results Discussion of EHU Code Discussion of Ord #10, re: Marriott Discussion of future of Vail's marketing 5/18/99 TC Appoint 3 LLA members Appoint 1 VVMB member 1" read Ord 10, re: Marriott l" read Ord 14, re: Glen Lyon Office Building 2"d read Ord 13, re: Holy Cross Franchise Agt. 2 "a read Ord 12, re: VAC SDD amendment Apr-30-99 11:52am From-TOWN OF VAIL PUBLIC WORKS 9704792166 T-081 P-01/01 F-229 7671 Page it ~ ppi Fax Note To CA. ColDept, Phone 8 Phone. Fax ~ - ~ V l./ V V lQ * * * * * PUBLIC NOTICE ML b,- 4 ~A r~ , 5.3• y ti. ! Attention: Businesses, and Residents surrounding Seibert Circle, Bridge Street, and Hanson Ranch Road Gallegos Masonry Inc. will be sandblasting the pavement at Seibert Circle to improve the concrete surface. Monday, May 10 Tuesday, May 11 Hours: 7:00 AM - 7:00 PM When the concrete at Seibert Circle was installed last summer, the final product did not match the Town's design specifications for exposed aggregate and surface texture. The contractor has agreed to rectify this work'at no additional cost to the project. Please note, sandblasting is noisy and may be disruptive. Precautions will be taken to contain excess dust and dirt. 1 . I Thank you for your cooperation. We apologize in advance for any inconvenience. For more information, contact Todd Oppenheimer at 479-2161. PUBLIC NOTICE Cht*ldca're Cit'Ops Created by the Childcare Resource & Referral of Eagle & Garfield Counties A program of The Resource Center of Eagle County May and June, 1999 Volume 2, Issue 3 "Peace on Earth Begins at Home " The Eagle County Family Day Care Association Presents: ~~QI NG f0~ Child Care Mini-Conference KIDS! Join The Resource Center Saturday, May 15th and Sheriff's and District from 8:00 AM to 3:30 PM Attorney's Victim's Assis- tance in thanking those that at the Family Learning Center in care for the well being of kids in Eagle County. Edwards Monday, May 3r d Call Carol at 524-9581 for more information. at 11:15 AM at the Eagle County Building Call The Resource Center GAPS Project-, at 949-7097 for more v information. Giving Assistance to Parents in Welcome New Provider Stress belated... Emergency funds are available to help families Sandra Lopez in stress pay for up to 2 weeks of child care. became licensed in the Fall of Contact your local Resource & Referral for a 1998! referral form. To add funds to the project, contact Rachel Fleming at CORRA at 303/290-9088 ext. 402 A CORRA PARTN E R Roaring Fork Association for the Education of Young The Early Childhood Council Children presents: A Task Force of the Eagle Valley Family Center "YOU CAN GET THERE FROM HERE!" Join us for a panel discussion about transition Invites you to an Early Childhood Thursday, May 6, 6:30 PM Community Meeting Mt. Sopris Montessori School 879 Euclid Ave, Carbondale Tuesday, May 11th at the Family Learning Center Please bring a potluck dish to share. in Edwards from Please call Denise Hayes at 927-4505 for more 6-8 PM information. Eagle County School District Please bring a potluck dish. Child care will be available to those Head Start and contacting Sharon Thompson in advance at Colorado Preschool Programs 926-7070. are now recruiting children for the 1999/2000 school year. b rams are free for low-income families and/or :Oappy 9Y-other's Day These prg families with risking factors who have a child who will be Way 9th ~ 4 years old by September 1, 1999. 3 year olds will also be accepted on a limited basis due to space restrictions. Oappy Eather s (Day Head Start and Colorado Preschool Program are compre- ,7une 20th hensive preschool programs that recognize the family as the most important factor in their child's education. Both programs link families to existing community resources "Peace on Earth Begins ~ and encourage parent participation. „ at Yfome... There are programs located throughout the valley, from Minturn to Gypsum. Providers and Potential If you would like more information, or to receive an Providers application for a child you think will qualify for either of the two programs, please call Beth, Carolyn or Tsu at 926-6858. Eagle County has funds available to help increase capacity and the quality of child ADVOCATES HELP!, care! Advocates, a program of The Resource Center, is a To apply, please contact your local R&R 24-hour crisis line for victims of domestic abuse and at 949-7097, or Health and Human sexual assault. CRISIS LINE. 949-7086 Services at 328-8840. The Leading Edge: Developmentally Appropriate NOTe$ fir Practice FZM 1 N DejZS The Eagle County Learning Cluster Grant is offer- ing another free opportunity for you to: We can post information you would live to Extend your knowledge of early childhood share. Mail or call by Network with other teachers in the valley Tune 23, 1ggq. Earn part of the training hours required by So- cial Service Licensing Moe Mulroone will resent on the topic of Eagle County Family Y P Day Care Association Developmentally Appropriate Practice The May meeting will be held on Wednes- day, the i2th at the eagle, County Public May 24th Library at (P.30. at the Family Learning Center in Edwards For details, please call Marcia at from 6 to 9 PM 524-*7442 or Carol at 5?A-95Si. Pizza dinner will be provided Child Find Screenings Call Moe Mulrooney to reserve your space at The Eagle County School District and Eagle 476-5684. County Nursing Services, offers free developmental screenings for any child birth to five years. Call 845-5999 to mare an appointment. Positions Available Dates for May and Tune are: May l fir V fir 18 The Family Learning Center Tune 4 31626 HWY. 6 & 24, Edwards Child care provider Mini-Conference Full time positions available The Cagle County Family Day Care Associa- tion will host a 5 credit mini-conference Hours 9:00-6:00 PM from S AM to 3:3o PM on Saturday, May Infant, Toddler and Preschool Classrooms 15th at the Family Learning Center in Ed- wards. For more information call Marcia at To fill out an application, please call or visit our 5vA--1442 Center: 970/926-7070 Prelicensing Training Prelicensing is offered free of charge to PARENTS!!! those interested in becoming licensed child care providers. For details, please contact If you would like to receive our bi-monthly Dana Damm at flo/945-1121 newsletter on a regular basis, call Ulana at 949-7097 to stay on our mailing list! i The Culture of Childhood: A Summer Symposium for Families and Providers in Early Childhood Care and Education Inclusive Practices Becky New Reggio Emilia as an inclusive model . Rochelle Bunnett author of Friends in the Park When Children Soar with the Wind Training early childhood providers for inclusion Project Enrich , Serving infants and toddlers in natural environments June 22-24 Silverthorne Igniting Literacyl with Vivian Paley '1~ Deborah Leong And others And an evening with Colorado Children's Authors July 13-15 Winter Park Choose two day-long seminarsl Your $125 tuition includes lodging on Tuesday and Wednesday nights, breakfast and lunch Wednesday and Thursday, and an hors d'oeuvre reception on Wednesday night. Contact Juanita Kirkpatrick (303-866-6629) for registration information. Vail Valley Medical Center Memorandum To: Parents and Childcare Providers From: Vail Valley Medical Center Subject: Baby and Infant CPR Course Parents and childcare providers are invited to a special CPR course teaching basic lifesaving skills on babies and infants. This class will be offered Wednesday, May 5 at the Edwards Medical Center from 5:30 - 9:30pm. The $25 fee will cover the cost of the instructor. Call 926-7485 to register. A non-refundable deposit is required. .The program is sponsored by Vail Valley Medical Center as part of Safe Kids Week (May 1-8). Parents, grandparents and others caring for babies and infants are encouraged to attend this non-certificate level course. The life you save may be your baby's! f "Your Care Is Our Mission" 181 West Meadow Drive - Suite 100 • Vail, Colorado 81657 970-476-2451 i The Fight Against Breast Cancer Begins With You The most important battle against breast cancer is your own. Early detection, diagnosis and education can prevent this disease from winning. The Women's Cancer Resource Coalition and Vail Valley Medical Center are hosting five free breast cancer screening clinics to ensure every woman in this area has access to proper care. Free Breast Cancer Screening Clinics All screenings are from 6:00pm - 7:30pm Monday, May 10 Eagle: Dr. Sue Dillon; Deb Burns, Nurse Practitioner at Medical Center of Eagle Vail: Dr. Susie Vickerman; Laurie Strausberger, PA-C at Colorado Mountain Medical West at VVMC Tuesday, May 11 Vail: Dr. Joe Ferrara; Dr. Javier Gutierrez (Habla Espanol) at Central Rockies OB/GYN at VVMC Wednesday, May 12 Edwards: Dr. Lorie Jones at Colorado Mountain Medical at Edwards Medical Center Avon: Dr. Norm Numerof at Doctor's On Call Offices Call 926-7485 to register, or for more information BOO S 0 The Youth Foundation and the Vail Valley Foundation Presents THE "GIG 1CH001 BUS` OUR GOU is to make reading and learning fun by providing books, educational materials and a multitude of services for all families. Each week a relevant theme will be chosen. This theme will be carefiilly selected to make sure that your kids are being exposed to materials that they will see in school, making children mare familiar. with a schools curriculum. The Magic School Bus will run twice daily. In the morning we would like to target children 0-5 years old. With parents as the first teachers, we want to encourage reading and other stimulating activities. We also have information on health/nutrition and inununization. If we don't have the answer to your questions, we will fmd it. Schedule for the morning portion of the Magic School Bus* 10-0000 Monday- brainstorm theme Tuesday- projects- Wednesday- projects/activities Thursday- read books about theme Friday- health/nutrition with Chef Combo schedule subject to change After school we will have snacks for kids to enjoy while receiving help with their home work. We will have educational activities as well. Information an athletic programs and equipment and other programs in our community will also be provided. Don't forget we have something for every body... English and Spanish speakers ...all ages. Most all materials can be checked out daily. For more information contact Amy at 328-0407 i LIBRO5 Y MAS La Fundacion para. la Juventud y la Fundacion del Valle de Vail Presentan EL AUTOBUS ESCOLAR MAGICO NUESTRA META es el asegurar que se divierten los jovenes, ofreciendo libros, materiales educativos, y un sinfin de servicios para cada. familia. Cada semana se escogera un tema pertinente. Este tema se seleccionara con cuidado para- asegurar que los hijos suyos estan expuestos a materiales del tipo que veran durante el ano escolar, haciendoles mas familiarizados con el plan de estudios de su escuela. El Autobus Escolar Magico pasara dos veces al dia. En la manana invitamos a los niiios de 0 a 5 anos para fomentar la lectura y otras actividades interesantes. Tambien ofrecemos informacion sobre la salud/alimentacion y las inmunizaciones. -Si no tenemos la informacion para contestarle sus preguntas, se la buscaremos. El horario de la porcion matu.tinal del Autobus Escolar Magico._ 10:00 A MEDIODIA Lunes - discutir el tema Martes - proyectos Miercoles - proyectos y actividades Jueves - leer libros sobre el tema Viernes - salud/alimentacion con el Chef Combo Horario sujeto a cambio. Despues de la escuela ofrecemos botanas para que gocen los estudiantes mientras reciben ayuda con su tarea escolar. Tendremos actividades educacionales igual que informacion sobre programas y equipo deportivos y otros programas en nuestra comunidad. lQue no se le olvide! Hay para todas las edades y para hispanoparlantes igual que para los que hablan ingles. Casi todos los materiales pueden ser sacados para usarlos en casa. Para mas informacion, favor de llamar a Amy en 328-0407. i Too busy to take classes y on evenings and weekends to get your relicensing credits? Quality Child. Care Training Announces Correspondence Courses! It's easy! Simply mail your check and the order form below to the address on the form, and in about a week, you will receive your packet. After reading the materials, you will take a one page test. Mail it back, and if you pass, you will receive your certificate. Simple! The Colorado Department of Social Services allows up to half of your relicensing credits to be from correspondence courses (up to three each year)! Courses currently offered: December Holidays around the World, 1 credit hour, $10 Inexpensive, Educational and Fun Field Trips in the Denver Area, 1 credit hour, $10 Dealing with Difficult Clients, 1.5 credit hours, $15 Enhancing Self Esteem in Small Children, 1.5 credit hours, $15 Child Abuse and Neglect: Recognition and Reporting, 2 credit hours, $20 Stress Management for. Child Care Professionals, 1.5 credit hours, $15 Discipline for Biters, 1 credit hour, $10 Toilet Learning Made Fun, 1.5 credit hours, $15 Supporting the Breastfeeding Mom, 1 credit hour, $10 Writing Your Contract, 1.5 credit hours, $10 Successful Interviewing, 1 credit hour, $10 Professionalism in Family Child Care, 1 credit hour, $10 Creating your own Preschool Program, 1.5 credit hours, $15 Choosing Toys and Equipment for Quality, Safety, and Value, 1.5 credit hours, $15 Child Care Cooperatives-Is one right for you? 1 credit hour, $10 **********Special - any 3 classes only $25!***** Quality Child Care Correspondence Courses are written by Nancy Cronk, experienced speaker for ACFCCA and other child care associations in Colorado. Satisfaction Guaranteed! Questions? Call (303) 680-6243. Please send the following courses: I have enclosed a check or money order for $ ($10 per credit or $25/3 special) NAME ADDRESS PHONE Mail to: IV Quality Child Care Training, 3586 S. Waco St. Aurora, CO 80013v r1o. The Resource Center Childcare Resource & Referral P.O. Box 2558 Avon, CO 81620 Attn. Town Council McmDers- Town-of Vail 75 S. Frontage Rd. Vail, CO 81657 Ui%GU - Ub DIU~ 13:aG 1,:1.1 3U3 5 3G Z 3 a a KlLlltK%tSttiUh!\ LIUUG L 4NK . > l 2.,.c r• r s a rss as a t-. ee i>;e:: o,o. >e •>.ao»v...o.>.»>ea.e».o.s.,e.s»ir>ii as,•,a.waoc•,YSq<.s<:os:x,.•n <.;.; <..x..-..>... a.., s.... ~•o';iw- TO: Frank Johnson FROM: Rick Ridder RidderBraden, Inc. RE: Vail Tourism Tax Survey DATE: 07/20198 The following are observations based on a preliminary examination of the poll and the internal data- A full report will be forthcoming by the end of the week. 1. The measure to place a 1.5% lodging tax begins with limited support. Without the language indicating the tax "would be paid by guests," the "Yes" position garners only 43%(with leaners) of the vote. More importantly, the "No" position is at 48% (with leaners). 2. Once the language regarding payment by guests is added to the ballot language, the vote shifts slightly to 51 % "Yes" and 43% "No." 3. Both of these mock votes indicate softness for such a tax. The general rule of thumb is that an initiative or referendum must begin with a support level of close to 60%, and that the "No" position is at or below 30%. In both mock votes, the "Yes' position is not close to 60%, and the "No" position is significantly above 30%. 4. The major reason why voters are not attracted to a tax - for which they won't have to pay - is there remains no "needs case." Right now, 66% of the voters indicate that there is "Just about the right" amount of summer tourism in the Vail Valley. 5. From a campaign perspective, more problematic is that older and "Certain to vote" respondents are more negative towards the tax than younger, less likely voters. 6. Few differences exist by geography on the vote. 07/20.98 110\ 13:52 FAI 303 832 2555 RIDDER/BRaDEN X003 r, 7. in terms of messaging, the poll suggests (in addition to focusing on the notion that residents would not pay for this) that down valley the stability in the workforce message is more potent than other messages. In Vail/Avon, the message of being below the national average with 11.65% is more salient than elsewhere 8. How do you win this campaign: A. To all voters, focus on the message that voters will not have to pay, B. Support this message campaign with indications down valley that this will create stability in the workforce. Up valley we need to focus on being below the national average of 11.65%. C. Make this a campaign about fall tourism. This is about creating a need; we need to demonstrate to voters that we have a gap that needs to be filled, and that would benefit all people in the Vail Valley. Absent this needs case, there will be difficulty winning. D. Persuasion efforts must be made toward men, older voters, and newer residents who are the most receptive to these messages. 07/16/98 THU 13:54 FAT 303 832 2555 RIDDER/BR_ADEN 0001 FAX 1776 Lincoln St., Suite 1318, Deriver, Colorado 80203 Date 1998 Number of pages (including c versheet) TO FROM; Phone- Phone: (303) 832-2444 Fax Phone: Fax Phone: (303) 832-2555 CC: Urgent Por your review Reply ASAP Please comment 1 r_ 07/16/98 THU, 13:54 FAX 303 832 2555 RIDDER/BRADEN Z002 COMMENTR a Vail Lodging Tax Survey Of Public Opinion r TO.PLEVE RESULTS Prepared By Ridder/Braden, Inc. July 16, 1998 n--400, margin of error--+4.9% Hello my name is and I am eallinp from RBI Research, a public opinion research firm. We are conducting a survey concerning your local community in. Eagle county. It will only take a few minutes of your time. 1. Arc you 18 years or older and registered to vote at your address? Yes CONTINUE No TERMMINATE DICNA/REFUSED TER ENATE 2_ There will be a munber of elections this November, including elections for Governor and U.S. Senate_ How likely is it that you will vote in these elections? Absolutely certain 75% Very likely 25 Possibly TERMINATE Not very likely TERMINATE DIUNAIREFUSED TERMLNATE 3. Would you say things in your community are generally headed in the right direction or are they off on the wrong track? Right direction 68% Wrong track 25 DK/NA/REFUSED 8 4.A This November, there may be a measure on the ballot which would add a 1.5% tax to lodging services in your area. The proceeds from this tax would be used for summer and non-peal,: season tourism and marketing efforts. If the election were held today, would you vote "Yes" or "No" on this initiative. IfTINDF.CIDED, ask: "Well which way would you lean if you had to decide today?" Vote yes 37% Lean yes 6 Undecided 4 Lean no 10~ Vote no 38 DK/NAIREFUSED 4 07/16/98 THU 13:54 FAX 303 832 2555 RIDDER/BRADEN 003 5 B This November, there may be a measure on the ballot which would add a 1.5% tax to lodging services which would be paid for by guests in area lodging accommodations. The proceeds from this tax would be used for summer and non-peak season tourism and marketing efforts. If the election were held today, would you vote "Yes" or "No" on this initiative. If UNDECIDED, ask: "Well which way would you lean if you had to decide today?" Vote yes 42%j I ctQ G Lean yes 91-1 :'r Undecided 3 `r Lean no 9 Vote no 34 DK/NA/REFUSED 2 6. IF LEANING NO, VOTING NO OR UNDECIDED IN EITHER BALLOT TEST: What if the tax was for 1%'? Then, how would you vote'? If UNDECIDED, ask: "Well which way would you lean if you had to decide today?" Vote yes 14% - y Lean yes 3 Undecided 7 Lean no 14 Vote no 57 DK/NA/REFUSED 5 7.A In general, do you support or oppose the idea that we should invest funds in promoting summer and non-peals ski season tourism in the Vail Valley? (Is that strongly or somewhat?) Strongly support 43% ; Somewhat support 24 ' Somewhat oppose 13 ' Strongly oppose 19 DK./NA/REFUSED 2 8.B In general, do you support or oppose the idea that we should invest funds in promoting tourism in the Vail Valley? (is that strongly or somewhat?) Strongly support 43% ~.A... Somewhat support 26 Somewhat oppose 11 Strongly oppose 19 DKNA/REFUSED 2 9_ When you think about the summer and non-peak ski seasons, which months come to mind? READ LIST, ACCEPT MULTIPLE Rl'• SPONSES: January 4% February i March 2 April .23 May 54 June 45 July 45 j! L) August 38 ; "xi v September 32 October 47- NN cv=bcr 23 December 3 DK/NA/REFUSBD 4 07/16/98 THU 13:55 FAX 303 832 2555 RIDDER/BR.kDEN Z004 10. This proposed lodging tax would fund marketing and tourism efforts from April to November, including the summer and the non-peak months of April, May, June, September, October and November. Given this, if the election were held today, would you vote "Yes" or "\ro" on the-proposed lodging tax?. If UNDECIDED, ask: "Well which way would you lean if you had to decide today?" Vote yes 47% Lean yes 5 Undecided 3 Lean no 9 Vote no 35 DI:INA/REFUSED 3 ROTATE: 11. Thiel: about the amount of summer tourism in the Vail Valley. Would you say there is too much summer tourism, too little summer tourism, or just about the right amount of summer tourism in the Vail Valley? Too much 11% Too little 21, Just about right 66 DK/NA 1 12. Think about the amount of fall tourism in the Vail Valley. Would you say there is too much fall tourism, too little fall tourism, or Just about the right amount of fall tourism in the Vail Valley? Too much 9% Too little Just about right DK/ivA 3 13_ Think about the amount of winter tourism in the Vail Valley. Would you say there is too much winter tourism, too little winter tourism, or just about the right amount of winter tourism in the Vail Valley? Too much 33% Too liutle 5 Just about right 60 DT:/NA 2 14. Think %bout the amount of spring tourism in the Vail Valley. Would you say there is too much spring totuism, too little spring tourism, or just about the right amount of spring tourism in the Vail Valley? Too much 10% Too little Just about right 47 D]:/NA 3 Do you agree or disagree with the following statements? ROTATE- St. Sm. Sm. St. DK agree agree disagree disagree 15.A Creating a lodging tax in the Vail Valley will hurt our 18 20 20 34 7 local economy because we will lose our competitive edge with other resorts. 16.13 An increase in sue=t-~ and non-peak season tourism is 32 18 19 31 1 not ncccssa-y for our local businesses and local economy to remain strong. 17.A Increasing the number of tourists in the Vail Valley 25 18 20 33 3 during the summer and non-peak season months will hurt our quality of life- 07/16/98 THU 13:55 FAX 303 832 2555 RIDDER/BRADEN U005 ROTATE: - St. Sm. Sm. St. DK aaree agree disagree disagree 18. A lodging tax for s1d tourism in November and April 30 21 16 l 28 7 would just be a subsidy for Vail Associates. 19.B Investing in marketing increases the number of tourists 63 24 5 6 4 that visit the Vail Valley. 20. 1 would not have to pay a penny of this new tax. 56 J 12 7 16 8 21. Hov' much would you say your personal economic situation depends on the tourism industry being healthy and „ strong in the Vail Valley? Please use a scale from one to five, with one meaning it does not depend on a healthy tourism industry at all and five meaning it depends completely on a healthy tourism industry. 1 21% 2 12 / =S 3 20 4 20 5 28 Mean. 3.2 Now I am going to read you a list of reasons that some people have given for voting for the proposed lodging tax in the Vail Valley. After I read each one, please tell me whether it is a very convincing, somewhat convincing, not very convincin, or not at all convincing reason to vote for the proposal. 1~7: Very Su~wht Not Not at DK very all 22. This tax would fall only on guests of lodging accommodations; 38 32 9 19 1 residents would not have to pay a penny of this tax. 23. The proposed lodging tax is supported by the majority of Vail`s 25 31 15 21 8 lodging interests. 24_A Even with this tax increase, the average Vail Valley lodging tax 21 24 16 ' 18 21.. - L) would still be below the national average. 25.13 Even with this tax increase, the average Vail Valley lodgntg tax 28 23 12 28 9 would still be about 10°/x, below the national average of 11.65°/x. 26. The current marketing efforts we have been using for shoulder 17 28 17 28 l l 4+ season, meaning non-peak season and summer, marketing efforts are insufficient to be effective. 27. If this tax does not pass, there is a strong chance that all regional 13 17 17 49, 4 marketing efforts for non-peak and summer tourism will disappear. 2 7n 28.A With increased non-ski season tourism, the Vail Valley will have 32 30 10 22 6 more stability in its work fnree. 29.F -A strong summer tourist season would let everyone employed by 31 34 9 25 1 the tourism industry be more free of the seasonal boom and bust cycles in the local economy. 30. Currently, the businesses that operate in the town of Vail pay a 26 34 12 22 5 f,2 business license fee that is used to fund non-sid season marketing. If the proposed lodging tax passes, the income from the business license fees can be used for other local marketing or special events. 07/16/96 THU 13:55 FAX 303 832 2555 RIDDER/BRADEN 006 J Thialdng about what you have heard,... 3 LA This November, there may be a measure on the ballot which would add a 1.5% tax to lodging services in your arcs. The proceeds from this tax would be used for summer and non-peak season tourism and marketing efforts. If the election were held today, would you vote "Yes" or "No" on this initiative. If UNDECIDED; ask: "Well which way would you lean if you had to decide today?" Vote yes 44°/o-' Lean yes 4 Undecided 5 Lean no 9 Vote no 35 - lDK/NA/REFUSED 4 323 This November, there may be a measure on the ballot which would add a 1.5% tax to lodging services which would be paid for by guests in area lodging accommodations. The proceeds from this tax would be used for summer and non-peak season tourism and marketing efforts. If the election were held today, would you vote "Yes" or "No" on this initiative. If UNDECMFD, ask: "Well which way would you lean if you had to decide today?" Vote yes 49% Lean yes 4 Undecided 3 Lean no 5 ~.7 Vote no 38' DK/NA/REFUSED 2 33. Would .it make you more likely or less likely to support the lodging tax if some of the proceeds were used for ski-season winter marketing efforts? (Is that much more or somewhat more?) Much more likely 11% Somewhat more 9 Somewhat less 11 Much less likely 29 No effect (DO NOT READ) 36 DK/NA/REFUSED 4 34.A Would it make you more likely or less likely to support the lodging tax if you knew that it would create a special district to promote summer tourism? (is that much more or somewhat more?) Much more likely 20% Somewhat more 20 Somewhat less 7 Much less likely 22 No effect (DO NOT READ) 25 DK/NA/REFUSED 5 35.B Would it make you more likely or less likely to support the lodging tax if you knew that it would create a local marketing district to promote summer tourism? (Is that much more or somewhat more?) Mucll more likely 32% ej Somewhat more 17 Somewhat less 6 Much less likely 18 No effect (DO NOT READ) 25 DIj`NA/REFUSED 3 07/16/98 THU 13:56 FELT 303 832 2555 RIDDER/BRjiDEN X007 Now, there will probably be several other ballot initiatives this November in Eagle County. These will be a property tax increase to build new public schools in the district, a property tax increase to pay for teacher salaries and school operations, and a property tax increase to purchase land for protection as open space. 36. If the elections were held today, which would you probably vote for: ROTATE, ACCEPT MULTIPLE RESPONSES: Vote Y Vote N DK The lodd ng tax we have been discussing 51 43 6 The property tax for school construction 54 38 8 . The property tax for teachers and school operations 62 30 8 The property tax for open space 58 34 .8 These last few questions are for statistical purposes only: 37. How loa)a have you lived in Eagle County? Under a year 3% 1-2 years 7 7 3-5 years 15L-~ 6-10 years 20 11-20 years 28 More than 20 years 26 DKINA/REFUSED 3 38. Which of the following categories does your age fall into? 18-24 4% 25-34 20 35-49 39 50-64 25 65~ 8 DNA/REFUSED 4 39. Where do you get most of your information about local and community news? Vail Daily 710 , Eagle Valley Enterprise 2 Vail Valley Times 2 Vail Trail 7 Daily Trail 2 Local radio 3 T`' news 3 Other 5 DK/NA/R.EFUSED 5 40. Do you work as a seasonal employee or at a resort? Yes 23% No 72 DK/N-AJREFUSED 5 41 _ Would you say that you work in the tourism industry or a tourism related business all year round, part of the year or never? All year round 34% Part of year 1 Do not work in tourism 44 DK1NA/REFUSED 8 ' 07/16,,98 THU 13:56 FAT 303 832 2555 RIDDER/BRADEN U008 42. Do you own your own business or do you work for someone else? 0w77 business 33% Work for someone else 44 Work/Both 8 DKINA 15 43. Do you work in the hotel industry? Yes , 12% No 81 DK/NTA/REFUSED 8 44. CODE PARTY AFFILIATION FROM LIST R 40% D 24 U 36 45. CODE VOTE HISTORY 0 of 3 22% 1 of3 34 2 of 3 19 3 of 3 25 Survey Research Results for The Town of Vail August 27, 1997 Prepared for: Vail Valley Business Development Alliance Prepared by: Ridder/Braden, Inc. General Attitudes 1. Direction of things in Eagle County 54% of total respondents answered Right Direction. Lower than statewide numbers More pessimistic Own Business 49% Right Direction $30,000 and under 41% Right Direction Lived in Vail 16+ years 39% Right Direction More optimistic Seasonal employee 69% Right Direction II. Amount of tourism during non-ski season Too much 6% Key indication: Too little 22% No "needs" case Just about right 70% Own business Just about right 62% Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Agree or Disagree? Creating a 2% lodging tax in the town of Vail will hurt tourism for the area because we will lose our competitive edge with other resorts. Total 33% Str Disagree 67% at least SW Disagree Yes Vote 1 46% Str Disagree 96% at least SW Disagree Vail will lose its community feel if we increase non-ski season marketing because it will be full of tourists all year round. Total 36% Str Disagree 62% at least SW Disagree No Vote 1 35% Str Agree 53% at least SW Agree The town of Vail should make it a priority to build a community center for its citizens and visitors. Total 31 % Str Agree 61 % at least SW Agree $76,000+ 47% Str Agree 67% at least SW Agree An increase in non-ski season tourism is not necessary for the local businesses in the town of Vail to be successful year round. Total 12% Str Agree 39% at least SW Agree Own business 15% Str Agree 46% at least SW Agree The town of Vail already pays more than its share for everything in the Vail Valley. Total 150 Str Agree 47% at least SW Agree No Vote 1 20% Str Agree 51 % at least SW Agree Lived 16+ years 31 % Str Agree 59% at least SW Agree Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Vote, 1 Vote 2 Yes 33% Yes 40% Lean yes 4 Lean yes 7 Und 11 Und 7 Lean no 2 Lean no 3 No 51 No 43 ® 60% is standard minimum level of support needed to pass a tax initiative. Even after the push, none of the demographic groups break 60%. Even respondents who said there was "too little" non-ski season tourism only reach 55% with leans in Vote 2. ® Older voters and males swing the most. Business owners are against the lodging tax. Support from this group was only 36% with leans in Vote 2. Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Percent of Lodging Tax Support VOTE 1 VOTE 2 Plus/Minus TOTAL 37 47 10 'AGE 18-40 39 46 7 41-60 37 47 10 61+ 22 55 33 Business Ownership Yes 26 36 10 No 42 51 9 AFFILIATION Dem 33 37 4 Rep 47 56 9 Other 36 48 12 GENDER Female 39 44 5 Male 35 50 15 Resort Employee Yes 44 49 5 No 34 54 20 Vote Always 37 48 11 Sometimes 35 46 11 Amount of Tourism Too much 14 14 0 Too little 48 55 7 Just right 37 49 12 Prepared by Ridder/Braden, Inc. Currently, the businesses that operate in the town of Vail pay a business license fee that issued to fund non-ski season marketing. If the proposed 2% lodging.tax passes, the income from the business license fees can be used for other local marketing or special events. Knowing this information, if the election were held today, how would you vote? Total Own business Yes 40% 28% Lean yes 5 0 Und 14 18 Lean no 3 0 No 38 54 Business owners are extremely tax and fee sensitive. Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Does this statement make you more or less likely 80 to vote for the proposed lodging tax? MSW more 70 C1 Much more 60 50 . 40 30 20 10 0 O E O a) a) a) O U3 U O` O « C: D :3 C E N K A o to C O O CU Q 'C n `J N a) O 0 D O C E X 2 ca J E E o o a c j a c c p cn 0 - Lodging taxes are widely used and minimize impact on local citizens. Females 25% much more 76% at least sw more With increased non-ski season tourism, Vail will have more stability in its workforce Yes Vote 1 50% much more 87% at least sw more Voluntary contributions are inadequate to fund non-ski season marketing operations Really low intensity across the board. Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Which -statement is closest to your view? The town of Mail should create a 2% lodging tax because we need improved non-ski season marketing to attract tourists and continue to build our economy. Total 45% Male 40% Own business 28% $30,000 or less 32% Female 49% Don't own 51% $51-752000 50% 61+ years old 33% The town of Vail should not create a 2% lodging.tax because when prices go up, it actually scares tourists away from the area. Total 47% Male 55% Own business 56% $30,000 or less 55%0 Female 40% Don't own 43% $51-757000 50% 61+ years old 67% Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. There is another proposal to fund non-ski season marketing and infrastructure improvements. The proposal would add a 1 % tax to lodging, restaurant and retail services in the town of Vail. Based on this information, which statement is closest to your view? The 2% lodging tax is a better option than a 1% lodging, restaurant, and retail tax because a lodging tax has less impact on local citizens. Total 62% Male 68% Female 57% The 2% lodging tax is not a better option than the 1% lodging, restaurant, and retail tax because a lodging tax puts all of the burden on the lodging industry. Total 26% Male 20% Female 32% Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. 7 Y r w . Please tell me :low much you would be willing to tax lodging services in order to increase non-ski season marketing and improve the tourism infrastructure. Own Total Business Male Female 1 % 17% 18 8 25 1.5% 10% 3 10 11 2% 34% 28 37 31 5% 4% 3 3 5 None 26% 36 32 22 DK/NA 9% 13 10 8 Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. Strategic Conclusions Eagle County has its problems, but "too little" non-ski tourism is not one of them. There is no "needs" case for this lodging tax. Lackluster support across the board, but especially with business owners. Lack of support is not over concern with hurting the tourism industry with more taxes or ruining the community spirit with more tourists. No arguments really persuade these voters. The stability of the work force is a viable argument, but it won't win this election. Vail Valley Business Development Alliance Prepared by Ridder/Braden, Inc. P • F. 17 O H .y b ~ r. Vail to go°~ 4 a.S ? ce , Rova > Q' . y ai it alone p on 1 b ° ".0 0 0 marketin ~Cd~ goo BY ALEM ZENTNER F:. "y ~2 q c3 U m CO) Daily Trail Staff: While the Town of Vail won't offi- o o > +9' 4 E cially vote until next week's council W 3 meeting, the council agreed in principal' = ? a' Tuesday that the town should run a Vail- b c centric marketing campaign, instead of E 15 w ~ ~ y pooling funds with other municipalities . a 3 a 00.2 in the valley. o "We have an obligation, particularly . b . c 0 ae in light of what happened to Vail this y la E ti year, to look closer to home," council t o o p o U member Ludwig Kurz said. 3 OU a it o Council member Michael Jewett,: c ° b who said that he has been vocal in his L opposition of a valley-wide marketing h. o 0 > y .0 district, added, "clearly, the people in F >,w w y w ti b y Vail want the money to stay in Vail." o o ~r o The Town of Vail has been in discus c - 2 A -S 0 b y sions to expand the current regional d > d ' marketing efforts by incorporating a c -S° x = to >^o, county-wide lodging tax, but with Z •5 b. - cc > Beaver Creek's pull-out Monday, the o 9 0 regional marketing program, looks V M at , N O y' V vi doubtful. Currently, Vail, Avon, Beaver w > a b i Creek Resort Company and Vail b .c 'cn Associates put in a total of approxi- k` a ; 0 o = ~ o o matel $900,000 into regional market- ° 3 ~'E a ° ing on a yearly basis -the Town of V 'v :3 Vail contributes more than 50 percents of those funds. As well, the proposed 2 percent lodg- ing tax hike for the regional marketing "k= program would generate an additional fir. rr' a - $2.3 million a year from Vail, which Y r a mm- would be approximately 60 percent of the estimated total funds that would million in revenues - revenues that also give Vail an additional three or foul have been raised by a county-wide could be used at the town's discretion in weeks to make a decision on the direc- lodging tax increase. i any area it chooses. tion of marketing before it has to final- But even without a regional program, But even though the council did not ize the ballot wording. the council was clear that it did not con- decision, take any action on choosing how to In light of that n, however, sider scrapping the marketing program fund the marketing program, they did some council members questioned an option. agree that it should be Vail-based and plans to survey the. approximately 600 "I have not talked to anyone who business license holders on their opin- thou t that no marketing was a good took steps to ensure that the issue will gh ions on the town's marketing options: idea," said council member Sybill be put before voters in November. Council member Michael Arnett said Navas. Instead of having Vail elections that he thought surveying only business Part of the decision-to go it alone also added to the Eagle County Ballot, the members, when many of'.them are not included the consideration of a sales tax council voted to hold walk-in elections eligible to ,vote in town-elections, did increase to fund the program. in town. While town manager Bob not make a lot of sense. According to the Town of Vail, a 1 per- McLaurin said ballot booths will cost cent increase would bring an extra $3.5 the town about $3,000, the decision will SEE MARKETING PAGE 5 9701949.0555 • Va*l- closer,- to- - _ ~ creatin its . own----m. By Elizabeth Mattern deadline approaching, for .ballot they can only n be spent o.mar- 7 Daily Staff Writer issues;°.the council decided it soon7..: keting and informatioia services, but J VAIL - After. years of kicking has to figure out-what kind-Of mar- perhaps not special events: around the idea of joining valley- keting program it wants to have. ¦_The last option would be for wide municipalities in a marketing "It should be a Vail-only pro- no change. The town would contin- district, Vail Town -Council -mem-_. gram," council member Michael. ue to contribute to reional market- bers said -Tuesdayxhey:are leaning: Jewett said. "Clearly;Ahepeople in.-, ing by, making.an annual.: nual,: donation toward going it alone instead. Vail want the money to- stay in=-° to - the : Vail-., Valley Marketing Several upcoming marketing Board. . meetings and a'survey are planned -if the council makes a final deci- The council- plans to contract-a to help guide the final outcome of sion 'to create` its= own- marketing survey of the business community the town's marketing program, but :'program, there are several.ways-io on which of those options are pre- it appears. now that Vail voters... do it. The town staff members have ferred. Also, the public is invited to could be facing a townwide lodging -.,laid- out- different-.options,- which provide input at a series of. 8:30 to tax;.or,possibly an increased sales- ::.they:iniend to use in a survey of all 9:30 a.m. meetings, being held in tax, on their November ballot.-- A 2 VII business owners and to discuss the Vail Town Council chambers percent-,town-lodging tax would m the next four public marketing May 10, May 17 and May-24: provide some $2 3.irtillion a ear meetings: for Vail sPectfic promotion.' - y Mayor Pro-Tem Ludwig Kurz .,,,One option is for VaiLto "tty said that in a financially trouble- .,State:, legislation,., ;passed ; last passing a lodging ;ia- . of 2 .peri~ent some year, it makes particular sense year, made it legal foi local towns- on-all hotel customers wit -.funds -for the town to look at how best to and metro districts from East Vail < going toward marketing`,.--- 'special bring visitors to Vail: to:•Wolcott to join a marketing dis events, information }services and "We have an' obligation, espe- trict;'whtch could have an across other uses ciall l the-board lod to y- with what's been: happening g g ,tax with funds Anotherscenario is for-Vary to in` Vail this year, to look a little going toward valleywide .market-}.passing an adonal sJ'i ales tail, closer to home," he said: ing:-Currently, towns make a vol- on top-of=its current 4 percent id Jewett, who has long been'in Untaly -.contribution every year to _ .A percent sales tax could raise favor -Off Vail-specific marketing,- tfie` it Valley Marketing Board $3:S million a--year `which could be noted that he now has more support for 'reglonaT-advertising, but that used in a variety of ways. =from the council than he has-had in has been an unsteady :,source of...-- Another choice is for Vai -to years-past.. income. In an attempt to gain reli use the recent state legislation and "We really have got-a change in able funding, regional marketing create a marketing district but approach and attitude," he said. supporters have been urging the , include only Vail at this fim- 'This But some council members, creation of .the:valleywide I'odging option would allow the future: pos- including Sybill Navas, have been tax. sibility of Avon, Beaver Creek, or supporters of regional marketing. But Monday, Vail Town Coun- other municipalities to join the dis- She indicated that a decision to cre- cil members learned that the Beaver trict if and when they-become inter- ate a funding source for Vail-spe- . . Creek metro district is-not interest- ested in doing so. The lodging. tax cific marketing would not mean the - ed in joining the marketing district funds from a marketing district are town would necessarily stop"fund= at this time. And with a summer limited in the way, they can be used i mg regional marketing as. well;. i u ey _ TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE April 29, 1999 Contact: Patrick Hamel, 479-2333 Environmental Health Specialist TOV ANNOUNCES NOMINATIONS FOR ENVIRONMENTAL AWARD (Vail)--A selection team will be meeting this week to review nominations for the 1999 Mauri Nottingham Environmental Award. Winners in three categories--individual, student and business--will be recognized at the June 1 Vail Town Council meeting. Here's a brief description of the nominations, which were due April 28. Individual Category Annie Egan Egan was cited for her community recycling efforts. In particular, she coordinates collection of recyclable items during the Eagle County Fair, Eagle Flight Days and other events based in Eagle. Most recently, Egan organized and ran a booth to recognize Earth Day activities at City Market in Eagle. The event was used to raise awareness of recycling in Eagle County and to point out the availability of earth-friendly products. Brochures were available that promoted composting, pioneer wind and solar programs and Alpine garden events. Additionally, Egan raises all of her own garden vegetables organically every summer, according to the nomination. Russell Forrest Forrest, Vail's Community Development director, was nominated for coordinating the Sustainable Summit Conference, held in conjunction with the World Alpine Ski Championships. The conference, a first for the ski resort industry, resulted in a commitment to create environmental standards for sustainable development in ski resort communities. Dave Kisko Kisko is an employee of Stewart Title, which has six offices throughout the valley. Kisko organized an office-wide recycling program for the collection of cardboard, paper, aluminum cans, plastic and glass. The program has raised the recycling consciousness of Stewart Title employees, both at work and at home. (more) ~4M RECYCLED PAPER t Add 1/Environmental Award Nominations Kim Langmaid Langmaid is the founder of the Gore Range Natural Science School in Red Cliff. Her mission is to raise environmental awareness and inspire stewardship of the Eagle River Watershed by providing natural science learning adventures for youth and adults. Langmaid also volunteered time on the 1999 World Alpine Championship Environmental Committee in which she assembled a pamphlet about ongoing environmental programs throughout the area. Bill and Patty Ransdell Bill and Patty Ransdell of Vail were nominated for recycling an old house and barn that once stood in Avon. They removed and rebuilt the structures--one piece at a time--on acreage the Ransdell's own along Red Dirt Creek. All the windows and most of the other materials used in the reconstruction were recycled from construction sites and a recycling store in Carbondale. The property is powered by solar or generator. Heat comes from propane heated water run through the concrete flooring, plus a woodburning stove. Due to the Ransell's efforts, these structures were saved from the Eagle County Landfill. Business Category Vail Valley Medical Center Vail Valley Medical Center was nominated for its careful selection and installation of lighting fixtures for the parking areas at its Edwards facility. "The architecture and landscaping are nice," the nomination states, "but what I wish to point attention to is the benign lighting. This is not a project that glares. The lighting there is ever-so tasteful. You see the lighting fixtures in the parking areas, and those fixtures all go downward, to illuminate the parking area, not laterally to illuminate the pinyon forest of the BLM lands, the flanks of New York Mountain, Orion's Belt and Polaris." The nomination lauds Vail Valley Medical Center for creating a balance in providing a lighting system that allows people to see what they need to see "without lighting up the universe, blotting out the stars, the night, and the moon." Vail Valley Medical Center Vail Valley Medical Center received a second nomination for its participation and certification in the Green Star environmental program for area businesses. As a result, the medical center now purchases recycled paper for printers; reuses packaging material; replaces old lighting ballasts with new magnetic ballasts for greater energy efficiencies; donates older medical equipment to needy hospitals; returns printer cartridges to the manufacturer for refills when they become empty; and offers a shuttle and carpool program for employees which has decreased the number of cars driven to work by 10 percent. (more) Add 2/Environmental Award Nomintations Student Category Keegan Hammond and Katy Brandes The two Eagle Valley Elementary School students have been nominated for their work in starting a recycling program at their school. The work required interviews, research, then the successful presentation of a proposal to the Parent Teacher Organization to ask for funding assistance. Now the school recycles cans, plastic, paper and other items, thanks to the longstanding efforts of Keegan and Katy. Will James Will James is a student at Eagle Valley Middle School and has been nominated for his study of Eby Creek and Eagle water quality, which was published in the March/April issue of Dragonfly magazine. Though his work, Will has set an example of positive stewardship in educating the community about water quality issues. The Mauri Nottingham Environmental Quality Award is presented annually to recognize outstanding actions or programs that protect the valley's environment. Winners will be selected by a judging panel later this week and will be recognized by the Vail Town Council at its June 1 evening meeting. Printed by Anne Wright 4/29/99 7:58am From: John Gallegos To: Greg Hall, Mike Rose, Pam Brandmeyer, PW DIVHEAD GROUP Subject: fwd: VTC Sprinklers ===NOTE====------=====4/28/99=11:OOam== The fourth phase of the sprinkler replacement at the VTC will begin Monday, May 3rd. The areas we will be closing to parking are: Level 1 - Middle section south side. Level 2 - Middle section south side. This work will continue for 3 - 4 weeks and we will open parking spaces as they become available. Thanks! Fwd=by:=Pam=Brandmeye=4/28/99==5:55pm== Fwd to: John Gallegos CC: Anne Wright Thanks, John. Again these updates are inVALuable! ANNE: Please copy for Council packets. Thanks! Page: 1 I -C 4-14 Cru c To r- Mayor Robert Ford d Town of Vail Dear Mr. Ford, Attached you will find a response to your letter addressing the exhaust problems with our duplex 742A Sandy Lane. I spoke with Gary Goddall sometime in March about the exhaust problem. He assured me that he had spoken to our consultants and that, "the consultants had all claimed they had made mistakes and the exhaust system the TOV approved did meet code." This is an outright fallacy. If you will take the time to read this letter you will note that this is not true. I am not sure how much you have researched this before . you signed your name to it. I want you to understand that Walsh is not being paid by us and never has been paid by us. Their opinion is objective and backed up by experts with many, many, years of experience. I want you to note David Gerow's statement "It is my opinion that the heater vent is not currently installed according to the L1MC and it is situated such that exhaust gasses are likely impacting indoor quality in the upstairs unit with noxious constituents and it presents a hazard to occupants of that unit." Currently. I can not live in this duplex with the exhaust problems, nor my mother, because of various health ailments that have mysteriously disappeared for both of us since we have moved out of the unit. I wonder if you care that the mistakes that your building department have made have cost us over $15,000 in legal fees so far and that we are not able to live in our house without health risks. The comments that your people have made to "just fix it" are insensitive and infuriating. They think that for us to spend another $10,000 to fix your mistake is no problem. Would you willingly spend $25,000 to fix a problem that someone else is responsible for, not to mention making your home uninhabitable? For 2 years my mother has lived with health problems caused by the TOV's improper code approval. There were also numerous covenants that were broken and approved by the town regarding the Campisi's landscaping and other changes to the duplex that were never approved by us. Attempts to get the TOV to rectify the exhaust problem have been met with little action and unethical behavior. Filed reports specifically dealing with numerous hazardous chemicals that are appearing in our living room have apparently not been read until last week, according to Russell and Gary. These same reports, have at times, mysteriously disappeared from our file at the town. We have been told later that these reports were on someone's desk. So, although these reports were on various desks they were not read until last week. I wonder what these reports were being used for if they weren't being read by your employees? I hope you understand that removing these reports from the file is illegal. Our complaints to the town have resulted in no action on your behalf other than calls to the Campisi's by the town. I have no idea why the town employees call the Campisi's, or their counsel, to inform them that we have spoken to the town. This also happened shortly after my mother spoke to at a town council meeting. It might be helpful for you to find out what motivates your employees to have such a good relationship with the Campisi's. Various comments have been made by town employees about a legal settlement which has been made. I can assure you the only result of this is an agreement for both parties to drop legal claims against each other. No monetary settlement was made. This "settlement" has nothing to do with the improper approval of code violating plans. I want to reemphasize the expert's opinions: 1. That exhaust system does not meet code 2. That none of the experts have retracted statements regarding this, nor have they told the TOV that they made mistakes regarding code violations. 3. That this situation is hazardous to the occupants. I hope you are intelligent enough to read through the lines and figure out what is going on with your employees. I hope you are also intelligent enough to do something constructive about this. You have treated my mom with disrespect and a lack of concern of her health. As a resident of this town I hope you will take the least cost solution to your errors and fix your mistake, otherwise I and the rest of the town residents will end up paying much more in taxes for your negligence and incompetence. One thing you may want to think about. What happens to you, Gary, Russell, and the TOV's taxpayers if my mom dies from exposure to these chemicals? You may want to cc the TOV's insurance carrier they probably are more concerned with my mom's health than you are. Is it too much to ask you to be honest and responsible? 4Gr uffey 9-?898 HYK-~1-ly`j`~ 16:5b WL-bll tNV 1KU VR--N I HL 34~J -,AjJb r r. bG/ Oe Environmental Scientists and Engineers- Inc. April 21, 1999 Ms. Betty Guffy 742 Sandy Lane Vail, Colorado 81557 Ms. Gully, I have reviewed the letter addressed to you on April 12, 1999 from the Town of Vail Mayor, Robert Ford. In that letter Mr. Ford mentions that the Vail Town building inspectors have met with building consultants hired by yourself and that all agree that your neighbor's heater vent installation meets the applicable building codes. I would like to clarify that I have never met with any Town of Vail building inspectors and that I have never agreed that the heater vent installation meets building codes. On February 2, 1999, I prepared a report of my findings regarding the heater installation. In that letter, I mentioned that the current configuration of the heater vents likely does not meet the requirements of the Uniform Mechanical Code that requires that the vent be a Type B (double walled) vent situated in such a location away from doors and windows so as to prevent infiltration of the exhaust gases into the structure- The present location of the vents is on a side wall only 1 foot from a garage door, and directly below a sliding door and a couple of windows to the upper unit. It is my opinion that the heater vent is not currently installated according to the Uniform Mechanical Code and is situated such that exhaust gases are likely impacting indoor air quality in the upstairs unit with noxious constituents and it presents a hazard to occupants of that unit. Please call me if you have any fiirther questions regarding this issue. Sincerely, David Gerow, IH, CSP Manager of Health and Safety Services Mk rM 4888 Pcarl East Circle . Suite 108. Boulder, CO . 80301-2475. (303) 443-3282 . FAX (30:) 4434)367. www,w;itshenv.coni u At TOWN OF PAIL 75 South Frontage Road Office of the Mayor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 April 28, 1999 Ms. Ruth Hooper The Rocks Plump Hill Mitcheldean Glostershire GL 170HG Great Britain Dear Ms. Hooper: I am in receipt of your letter dated April 16`h. I am sorry to hear that your experience in Vail was not exceptional. As a community, we try to encourage dog owners to be responsible in not only maintaining control over their pets, but also in cleaning up after them. Regrettably, it does not always occur. The Public Works Department has placed "pooper scoopers" in all the parks and through public education and awareness, their goal is to minimize this on-going problem. The anticipated snow-melt reveals a winters worth of waste. With the hopeful arrival of spring will also come the clean up. Please be assured that your concerns are important to us and they have been forwarded to both the Police Department and Public Works Department. Additionally, Eagle County Animal Control, who provides service to the Town of Vail, has been asked to step up patrol in that area. Thank you for taking the time to help make our community a better place for everyone. Sincerely, To f Vail Robert E. Ford Mayor Yc: Town Council Greg Morrison Greg Hall Todd Oppenheimer Resident Inquiry ~y TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE April 23, 1999 Contact: Patrick Hamel, 479-2333 TOV Environmental Health Specialist TOV CLEAN-UP DAY RETURNS MAY 15 FOR 27TH YEAR (Vail)--The Town of Vail's Annual Spring Clean-up returns Saturday, May 15 with some added goodies to the longtime tradition, including free t-shirts, a free massage, a new staging location at Golden Peak and the offer of free curbside pick-up service for bulky items the Friday before. Now in its 27th year, community members are again encouraged to come out and join fellow residents in what has long been considered a time to renew friendships and to spruce up the town in preparation for the summer tourism season. As in years past, the town will donate $20 each to a charity of choice as selected by the first 200 participants who sign in. Activities will get underway at 8 a.m. on May 15 with registration and a light breakfast at the new staging area at the Golden Peak ski base lodge. Parking is available at the Golden Peak surface lot off Vail Valley Drive. Next, participants will be turned loose throughout 15 sections of town to pick up trash and other debris that accumulated during the winter. The Town of Vail will provide transportation, trash bags, drinks and other assistance throughout the morning. Volunteers will then return to Golden Peak's Bella Riva facility for a free barbeque lunch. Free t-shirts will be given to the first 200 participants. As well, employees from Full Circle School of Massage will be on hand during the luncheon to offer free massages. (more) RECYCLED PAPER Add 1/TOV Clean-Up Also during the clean-up, three dumpsters will be placed throughout town to collect trash and other unwanted items from residents wishing to do their own spring clean-up. The dumpsters will be located at Ford Park, the East Vail exit parking lot, and at the construction staging site just west of Wendy's on North Frontage Road. All refuse will be accepted with the exception of hazardous waste, appliances with freon and tires. In addition, the town will expand this year's clean-up activity with a free curbside pick-up service for bulky items taking place the day before on May 14. Anyone wishing to make arrangements for the curbside service should call the Town of Vail at 479-2158 between now and May 13. Hazardous materials, such as paint cans or appliances with freon are exempt from the pick-up service, as are commercial construction materials. Household hazardous waste materials will be collected at the Eagle County Building in Eagle on June 5. Individuals and representatives from clubs, organizations, neighborhoods and businesses are encouraged to participate in Vail's clean-up. No pre-registration is required. For more information, contact Patrick Hamel, Vail's environmental health specialist, at 479-2333. 4VAIL TOWN 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY April 28, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR APRIL 27 Work Session Briefs Council members present: Armour, Arnett, Foley, Jewett, Kurz, Navas --PEC/DRB Review During a review of the most recent meetings of the Planning and Environmental Commission and the Design Review Board, the Council inquired about the status of an application to amend the Vail Athletic Club's Special Development District which would allow for an additional dwelling unit and the reduction of 8 accommodation units for a net of 4 dwelling units and 46 accommodation units. This item will be discussed by the Council in full at its May 4 work session prior to first reading later in the evening. Councilmember Sybill Navas inquired about the length of time the applicant will be given to complete the redevelopment. Currently, based on a 19A,approval, the developer must begin construction by May 1, 2000. Also yesterday, the Council received an update on the DRB's consent approval of an outdoor dining area on town-owned property for Platz'I Bar, located on the east side of the Austria Haus along East Meadow Dr. Before the approval is final, the Council must first grant a deck-lease agreement with the applicant at the town's standard rate of $4.60 sq. ft. This discussion will be scheduled at the May 4 Council_ work session. Also yesterday, Councilmembers received a copy of a memo from the Community Development Department to members of the Design Review Board clarifying the board's issues of concern regarding the Marriott's redevelopment project. Review by the Town Council has been tabled until the project meets design review approval by the DRB. For more information on any of the topics mentioned above, contact George Ruther in the Community Development Department at 479-2145. --Vail Village Merchants' Employee Survey Results The Council heard an overview of a recent focus group discussion and a written survey of a sampling of Vail's under-30 workers. Sponsored by the Vail Village Merchant Association, the research was designed to identify strengths, weaknesses and other issues affecting Vail's seasonal workers. In presenting the material, Kaye Ferry of the Vail Village Merchant Association, said many of the results were surprisingly positive, while other areas, such as housing and parking, were somewhat predictable. Among the surprises: • 46% of the 152 workers surveyed live and work in Vail (higher than expected) • 57% of the 152 workers surveyed live within 15 minutes of their work (higher than expected) (more) Sow RECYCLED PAPER MAdd 11TOV Council Highlights/4-27-99 • 60% of the 152 workers surveyed drive their car to work (higher than expected) • 51 % of the 152 workers surveyed work only 1 job (higher than expected) • 65% of the 152 workers surveyed work from 20 to 50 hours per week (higher than expected) Among the predictable: • 41% of the 152 workers surveyed identified housing as the single largest problem they face while working and living in Vail; 29% identified pay; 6% identified benefits; 5% identified transportation; another 5% identified sense of community; 13% identified "other." Employee desires include: • Better housing affordability, such as $200 per month for a dorm-style bed, $300 per month for a shared bedroom in a condo; or $400 per month for a private bedroom. • More parking options • More ski pass options • More career advancement opportunities • More fun • More non bar-related activities, similar to a campus student union • More respect and caring from employers • Higher pay for returning workers • Health, retirement benefits • More year-round employment opportunities • Greater sense of belonging in the community • A cafeteria meal program • A bowling alley • More higher education opportunities In response to the merchants' efforts to help identify the problems and potential solutions, Ferry said three representatives have stepped forward to represent the interests of the seasonal worker. Next steps will include taking the lists of wants and needs and asking entities such as the Town of Vail, Vail Resorts, the merchant community and the Eagle County Regional Transportation Authority to make whatever improvements it can. During discussion, Councilman Michael Arnett thanked the merchants for spending time to conduct the survey, while Councilmember Sybill Navas said it will be interesting to compare results to a larger employee survey now being conducted by the Chamber of Commerce. Jim Lamont of the East Village Homeowners Association suggested wider distribution of the survey to improve reliability. For copies of the results, contact Kaye Ferry at the Daily Grind, 476-5856. --Future of Vail's Marketing Discussion Following a brief executive session on contract negotiations related to marketing and legal issues regarding the affordable housing buy-down program, the Council returned to public session to review four marketing district options that were developed during Monday's community marketing meeting. The options include a regional marketing district lodging tax plan based on state legislation passed last year, along with various boundary scenarios (depending on Avon and Beaver Creek's participation). Another option includes a Vail-based approach which would not rely on the marketing district vehicle, thereby creating additional flexibility for use of the funds. The funds would come from voter approval of a lodging tax or possibly a sales tax. During discussion yesterday, Councilmembers directed staff to (more) Add 2/TOV Council Highlights/4-27-99 continue to pursue options that would use Vail's boundaries as the marketing district. This approach, while not yet precluding an eventual regional district outcome, would enable the taxing issue to be determined by Vail voters. The Council also directed staff to develop a survey plan that would gauge the level of support for the remaining options. During discussion, Councilman Michael Jewett said that while he advocates a Vail-only marketing program, he can not support a new tax for marketing. He also criticized the town for constructing streetscape improvements at Slifer Plaza and Seibert Circle last summer, given the budget shortfalls, calling them the "wrong projects at the wrong time." In response, Councilman Ludwig Kurz said the streetscape improvements were appropriate for the long-term interests of Vail in keeping up with the competition. Councilmember Sybill Navas said she believes merchants support a regional marketing concept similar to the way existing funds have been divided up in the past. Also yesterday, resident Paul Rondeau inquired about the decision making process, while resident Carol Hymers suggested the town set goals for return on investment for the marketing funds. The discussions will resume at 8:30 a.m. on May 3 with the second of five community meetings, followed by a update to Council at the May 4 work session. Also yesterday, the Council voted 6-0 to establish a walk-in election for Vail's regular municipal election on Nov. 2 rather than a mail-in ballot coordinated with the state and county election on the same day. The decision will help shape Vail's timetable in authorizing ballot issues. For more information, contact Assistant Town Manager Pam Brandmeyer at 479-2113. --Year End and First Quarter Financial Report Finance Director Steve Thompson briefed Council on the 1999 first quarter financial report. He said a majority of the town's operating revenues are down from last year, including: sales tax, lift tax, parking fees and county sales tax. These revenues make up 67% of the town's revenues. If the trends continue, the town could face a projected annual revenue shortfall of as much as $2 million under a "worst case scenario," according to Thompson. To date, the town's annual shortfall is approximately $800,000. On a positive note, the town ended the 1998 fiscal year with an increase in its fund balance of $2.1 million, Thompson said. Also, the town will collect a $2 million payment from the Colorado Department of Transportation this year as part of the West Vail roundabout funding agreement. The payment had not been expected until 2002. This will help offset the 1999 revenue shortfall, according to Thompson. In addition, Town Manager Bob McLaurin said the town has a hiring freeze in place. Also, McLaurin said he'll be presenting budget adjustment recommendations to Council during May and June to address the trend of declining revenue growth. For more information, contact McLaurin at 479- 2105. --Lionsridge Loop/Buffehr Creek Road Street Project Bid Update In the context of the first quarter revenue report, the Council reviewed four bids for the Lionsridge Loop/Buffehr Creek Road street reconstruction project. The apparent low bidder is Dow Construction of New Castle at $1.5 million. Once construction inspector fees, contingency fees and other project costs are included, the project bid will be $700,000 below the total project budget of $2.7 million. This street project has been delayed by the town for the past several years due to budget cuts and other priorities. Town Manager Bob McLaurin said he'd offer a recommendation to Council at next Tuesday's work session regarding the status of the project. During discussion yesterday, Councilman Michael Jewett shared constituent concerns regarding .the removal of trees during the project. In response, Town Engineer and Acting (more) e Add 3/TOV Council Highlights/4-27-99 Public Works Director Greg Hall said the project calls for replacement of trees that are removed. For more information, contact Hall at 479-2160. --Council Reports Kevin Foley, who represents the Council at Vail Recreation District Board (VRD) meetings, said the Town of Minturn has approached the VRD with an interest in finding out how it can join the district. This would require voter approval of a mill levy increase in Minturn. Foley encouraged Councilmembers to contact VRD board members with their thoughts and suggestions. Also, Foley indicated work is progressing in restoring the Ford Park softball fields following their use during the World Alpine Ski Championships. Trench work is currently underway for a sprinkler system, which will be followed by seeding and/or sodding. Foley said the summer recreation leagues will begin using the fields on June 7. Foley also reported yesterday that the Eagle County Regional Transportation Authority would be conducting a planning retreat in Glenwood Springs. Foley chairs the authority as a representative of the Town of Vail. Michael Arnett, who represents the Council on the Vail Valley Tourism & Convention Bureau (VVTCB) Board, gave an update on a recent meeting in which VVTCB lodging revenues were reported to be down significantly from last year. In addition, he said the VVTCB is spearheading efforts to create a rating system for area lodging products, as well as adding more flexibility to previous 7-day stay policies. Also, discussions are underway to possibly merge the VVTCB central reservations system with the Vail Resort reservations system, he said. Arnett also reported on his attendance at the April 26 community marketing discussion, as well as the April 22 community meeting on the Mountain Bell and Spraddle Creek Trailhead sites. During a recent visit to Arizona, Bob Armour said he arranged to meet briefly with the city manager of Scottsdale, Dick Bowers. Bowers had facilitated a 1995 retreat of the Vail Town Council. Sybill Navas reported on the most recent meeting of the Commission on Special Events and Activities. She said the meeting was intended to keep tabs on the planning for a special event, Vail Summer Sports Fest on July 31 and August 1, which is being coordinated by Highline Sports. Navas said the event planning was coming along "splendidly." Also yesterday, Navas suggested calling upon the talents and services of the Northwest Colorado Council of Governments (NWCCOG) to maximize Vail's membership dues to the organization. One example would be to use the group to conduct the lodging survey which was discussed earlier during the work session. Navas also reminded Councilmembers of a NWCCOG-sponsored seminar on May 7 regarding housing the workforce in mountain communities. The discussion is from 10 a.m. to 4 p.m. at Manor Vail. Ludwig Kurz said he accepted a plaque on behalf of the town during an awards ceremony last Friday. Sponsored by the Eagle Valley Trails Committee, Vail received the "Community Trailbuilder" award for going above and beyond the basic standards of trail building for the Dowd Junction recreational path and the North Trail. Assistant Town Manager Pam Brandmeyer said she filled in for Sybill Navas at the most recent (more) r Add 4/TOV Council Highlights/4-27-99 Chamber of Commerce Board meeting. Brandmeyer said the Chamber reported it is in good financial standing, although there are concerns about the impact of the Buddy Pass on future memberships. She said Bruce Mainzer from Vail Resorts reported international and destination skier business was down 15 to 20 percent in Vail for the season. Mainzer said the decline was caused by a variety of things, including the stock market drop in August, fires on Vail Mountain and disappointing snow conditions (rather than front range market impacts associated with the Buddy Pass). Several members in the Council meeting audience said they disagreed with Mainzer's assessment. -Other Kevin Foley shared information about a millennium celebration forum sponsored by the Denver Convention & Visitors Bureau to be held on May 7. The discussion is an attempt to calendar New Year's Eve celebrations statewide. Foley suggested someone from the town attend the discussion to pursue a New Year's Eve celebration in Vail as suggested by former councilmember Paul Johnston. Sybill Navas inquired about the status of the Ford Park restoration. She also inquired if the Vail 99 countdown electronic sign at Slifer Plaza could be relocated due to constituent concerns about aesthetics. That prompted fellow Councilmembers to ask for the immediate removal of the sign. A new location has not yet been determined. In addition, Navas suggested replacement of several flags in and around town due to their worn and/or dirty condition. In response to a letter written by a contractor regarding gross residential floor area (GRFA) mechanical requirements, Michael Arnett said he agreed with the contractor's assessment and asked the town staff to evaluate the suggestion. Carol Hymers, representing the Glen Lyon Homeowner's Association, inquired about the status of restoration work at Donovan Park to repair damage done to the lower bench during the World Alpine Ski Championships. The lower bench was used as a parking area. UPCOMING DISCUSSION TOPICS May 4 Work Session Discussion of Vail Athletic Club Special Development District Major Amendment Discussion of Glen Lyon Office Building Redevelopment Discussion of Future of Vail's Marketing May 4 Evening Meeting First Reading, Holy Cross Franchise Agreement First Reading, Vail Athletic Club Special Development District Major Amendment First Reading, Glen Lyon Office Building Redevelopment Second Reading, Westhaven Condos/Cascade Village SDD Major Amendment May 11 Work Session PEC/DRB Review Discussion of Future of Vail's Marketing Site Visit and Town Council Appeal of PEC Approval of Ski Tunnel at Golden Peak TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY April 26, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL LAUNCHES MARKETING DISCUSSIONS TODAY WITH COMMUNITY GATHERING; TALKS CONTINUE ON MAY 3 The first in a series of weekly community meetings to explore various scenarios regarding the prospect of local and regional marketing got underway this morning and will continue next Monday (5-3) at 8:30 a.m. in the Vail Town Council Chambers. Today's meeting was attended by about 25 representatives of various organizations and businesses. Generally, participants agreed that: • Vail needs to continue to support a national marketing effort for summer tourism, preferably a permanent funding source • Vail prefers a regional approach with participation from Avon and Beaver Creek Resort, if at all possible • If a regional approach is not possible, Vail must be prepared to move forward with an alternative plan for the future marketing of Vail Questions yet to be addressed include: • Should Vail use the regional framework established by state legislation last year. in creation of a voting district for consideration of a lodging tax? If so, what is the size of the district? Vail-only? Vail to Wolcott? Or something in between? What is the amount of the proposed lodging tax increase? Also, who would be eligible to vote? • Should Vail establish its own framework in asking voters within Vail's town boundaries for a lodging tax, or possibly a sales tax increase, allowing for more flexibility in how the revenues could be used? • Which approach is most palatable to Vail voters? These weekly community meetings--five in all, if needed--are intended to provide information to the Vail Town Council which will determine the direction Vail will take in moving toward a November ballot issue.. Vail does not currently have a lodging tax. RECYCLED PAPER SENT BY:EAGLE, CO 5- 3-99 ;10:36AM ; 970 328 7207 9704792157;# l/ 1 News Eagle County, Colorado AW~AH and NA En For immediate release For inure information: Contact : Kathleen Forinash (970) 328-8858 Community Meeting Considers Response to Youth Concerns An informal meeting to discuss community response to youth who are facing issues of anger and isolation in their lives is scheduled for Thursday, May 6th at 5 PM in the Carden Level Classroom of the Eagle County Building in Eagle, Parents, educators, law enforcement, mental health professionals, clergy and others interested in building a stronger system of response for youth and families are invited to attend this meeting. The meeting is jointly sponsored by the Youth Violence Prevention Project of the Eagle County Sherifrs Office and the Child Protection Team`ofEagle County Health and Human Services. "The tragedy in Littleton raises questions in communities across the nation about how well parents and professionals are prepared to respond when youth are facing issues of anger and confusion." stated Kathleen Forinash, Director of Ilealth & Human Services- "I'he purpose of this meeting is for parents and helping professiotials to discuss what is working well for the Eagle Valley Community and consider ways in which we might build on those strengths-" Persons who are not able to attend this meeting but would like to be involved can call Forinash at 328-8858, i' 500 BROADWAY, PO. BOX 850 • EAGLE, 00 61631 PHONE (970) 328-8605 • FAX (970) 328-7207 n ~ITtLti~C.l~- " A Vail Alpine APR Garden Foundation April 27, 1999 Mr. Rob Ford, Mayor Vail Town Council 75 South Frontage Road Vail, CO 81657 RE: Extension of Lease and Use of Schoolhouse Museum Dear,Rob and Council Members: The Vail Alpine Garden Foundation is requesting an expansion of the lease area for Betty Ford Alpine Gardens to include the Schoolhouse Museum and the grassy area east to the transformer and pathway across Gore Creek. We would like to use this area for a children's schoolyard garden and raised garden beds to provide horticultural therapy opportunities for disabled children and adults. We would also like to explore possibilities for further outdoor interpretation displays incorporated within a sitting area. Betty Ford Alpine Gardens has informally used the Schoolhouse for the last two years as a small gift shop and, in the rear, a location for tools and supplies. In return, we have kept the Schoolhouse open to the public as a museum. Visitors respond very positively to the school and historical exhibits, and the Gardens has increased merchandise sales from $1,000 in 1997 to $12,000 in 1998, earning needed income for care of the Gardens., The significant expansion of the Gardens this summer will increase that need. Our new Volunteer Auxiliary plans to keep the Schoolhouse open on a regular basis this summer, serving both the interests of the Gardens and Town of Vail. In earlier conversations with Pam Brandmeier and Todd Oppenheimer, they recommended that we present a proposal for the uses and responsibilities of the Schoolhouse and surrounding area. These issues are outlined below. Vail Alpine Garden Foundation Uses and Responsibilities 1. Gift shop activities during the garden season. 2. Small classroom activities during the garden season. 3. Maintain the Museum artifacts to be kept on display. The original photographs are stored in the Eagle Library through the Historical Society. 4. Develop a children's garden around the Schoolhouse which will include raised beds for the training of disabled youth and adults. 5. Interior painting and exterior trim painting and log staining, and other interior, non- structural modifications which will respect the historic nature of the building but will increase the usefulness of the facility (display surfaces and bookcases, for example). 6. Discuss level of liability insurance to be maintained. "Our flowers in the summer are as glorious as our snow in the winter." 183 GORE CREEK DRIVE • VAIL, COLORADO 81657 • 970.476.0103 • FAX 970.476.8702 on ® RecyclRn ycleo Paps Mr. Rob Ford and Members of the Vail Town. Council - April 27, 1999 - page two Town of Vail Responsibilities 1. Install electricity for lighting and heating from the new panel installed for the '99 World Alpine Ski Championships. 2. Maintain structural integrity of the building, including exterior repairs (roof, chinking, and assistance in building an attached shed to house the electrical equipment and garden tools/equipment). 3. Assure safe maintenance of the electrical equipment attached to the back of the. building. 4. Establish a new lease line for the Schoolhouse area, within which the Foundation will create new programming for children and disabled adults and expand interpretation for the Gardens. 5. Discuss level of 'liability insurance to be maintained. We would welcome the opportunity to discuss formalizing these issues with Town Staff and Council Members. Sincerely, Helen S. Fritch President of the Board Hrnteuavt s gra)rdiflora Old 97mt o% the :1i ,rnttaitr ® Pnnietl on Reoydetl Pap, Town of Vail Sales Tax Worksheet 5/3/99 % Change % Change 1999 ttudget from trom Month 1988 1989 1990 1991 1992 1993 1994 1995 1998 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 2,115,359 2,188,943 2,061,203 (127,740) -2.56% -5.84% 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 2,016,013 (212,028) -6.37% -9.52% 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 2,368,077 2,450,164 2,367,055 (83,109) -0.04% -3.39% Total 3,923,302 4,966,914 5,192,691 5,502,254 5,468,217 5,672,220 5,870,858 5,850,002 6,170,036 6,723,234 6,636,557 6,867,149 6,444,271 -422,878 -2.90% -6.16% 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 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 382,718 396,027 June 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 633,400 655,430 Jul 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,107,882 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 1,183,926 1,224,834 September 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 735,608 760,913 October 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 515,531 532,652 November 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 656,596 678,336 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 2,070,834 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 15,030,386 15,539,629 6,444,271 9,095,358 -e Size & Structure of Colorado's Overnight Travel Market Mlatoob tton U.S. residents took an estimated 25,1 million overnight trips to Colorado d groo.~ llnux~adonatl tiring 1997 -including 20.8 . forum million pleasure trips end 4.2 million business trips. 1-ooldng at pleasure travel in more detail, visiting Color"OTWOM lard friends or relatives was by far the most common reason for travel, followed by touring trips, sld trips >dma _6' and outdoors trips. 4'r Y These estimates are baked on trips taken by individuals 18 lcaoontet~tOtitra~truMRl years of age or older and, include 7.6 DMA W4 W million trips by residents of Colorado. They do not include day travel. Qvernigpt Person Trips* to main Porpose of eolorado Pleasure Tripe; six do Stnx tr r,c of`= . Colorado in 1991 t lalorado'i'Orrmght Visit Friends/Relatives T R Total Trips = 25.1 Minion Toudnp i Business ski to s Tom: t 4.2 Million Outdoors Main Po;oc~e } 1 ~'J (17%) Special Evem i PkitQS>;7(?DSt~x 1 1 BusinessjPl¢ayy~ a &Womkhq*WofSrvd Cry m C Country Resort Pleasure Casino 1997 f;~tgtaao~;-" lm ; t 20.8 Million other 11 (8996) 20 40 60 o e'*rTr 'PWm?flotbraatAtrrO yam artgg or alb. Percent Svead~n:~,~= Z Coiaado Trnof rMads Thelconomic Impact of Travel in Colorado 1997nrsw 1992 In 1997, overnight.travelers spent $7.1 billion in 1F~ T 34 : i ' Colorado''-:-. Them,, travel expenditures directly `11~4~: with e Local 199'1 Colorado Travel Impaera at a Glance 1 payroll of 31-5 billion in a varlaq of businesses throughout - markerSu:u~twre 3^ _the state. Local.tax.reven Expeadittue9 (5 biUion): _ _ J Wis.; ~ X7.1. rtes including lodging r Market Shan and sales taxes from overnight traveler spend- payrpp (5 billion)" - $1S Try. ' ~ 3 ing reached $721..rnMion. Traveler spending Ptware Traver ± r 7-- .also generated $167 million in state tax revenues Employment (thoiisattds Of jobo) 112 (including sales and income taxes). _ c " W., It should be noted that these estimates represent Local Tax Revenues i6ill1190) 3221 S+ direct ia4mm.only._that is, those impacts stem- - Dertinamn 4 wing directly from the purchases of travelers. State Tax Revenues (3 t>sillionj ` $167 ' Some tax revenues, such as property tares and NWL- Day k&vWaWww = nanaa, ed G~otar.do der,ilpth -4` =aviation fuel taxes; are-also not included in these .BOVA estimates.. --~+~'i~'3'J~•4a -14y,~ 37!~AS-•~t3'n°:•~K .4:iA!?F'~ _ . o 9566 LZ6.OL6 . 4x.:Xdd 1,Sd3 ?~d jE:Z dIlS B6-OE-Nnf - . , e Overnight Travel Spending a Impact Overnight travelers staying in commercial lodging generated over 70% of travel spending. Commercial lodging includes hotels, motels, resorts, and other rental units such as condominiums. Those staying in the private home of a friend or relative, in vacation homes (including time share units), and in public or private campgrounds accounted for the remainder. A variety of Colorado businesses benefited from traveler spending. In fact, 43% was spent in businesses not primarily focused on tourism, such as eating and ddnldng establishments and retail stores of various types. Traveler spending also benefited every region of Colorado, generating employment and tax revenue in every part of the state. The mountain resorts led the way in terms of spending, followed closely by Denver Metro. Pt'kcs PeWColorado Springs accounted for 11 and all other regions accounted for 23% of the total. Employment and tax impacts followed a similar regional pattern. Travel Spending by Type of Accommodation Travel Spending by Type of Business Commercial Lodging Accommodations ng (73%) $1.9 Billion $1 E $i1.6 Billion • (26%) .8 Billion (25x) Campground _ Recreation (4%) , $0.9 BMIon (13%) Vacatlon Home Private Nome Retail (18°l0) Transportation $1.2 Billion $1.313illlon (18%) Travel Spending by Region Employment a Taxes by Region Moi Resorts 7otW = $7.1 BIMM Denver Metro B Biflion RJeg3oin f ry-.:]iiiiploymenl.. err :'gxes~: (36%) 1 BI(flon of jobs) Jmllllonj' (30%) Denver Met Jro 28.957 132.5 Mountain Beisorls 37,505 137.4 Pikes Peaki r.~ Piilces pew' 13.872 37.8 Colorado Springs Colornao t3priJdsr,' $0.8 BEon Other Colorado (1170 $1.6 Billion Other Colorado 31,994 80.4 (23%) iZ 'd 9S H LZ6 OL6 OK XV9 ZsY) Wd ZPZ HU 86-K-Knf r Colorado Travel Trends --1997 VS 1992 1992 was an important benchmark, since it was the last year of full funding for the Colorado Tourism Hoard. Since that time, spending on statewide tourism promotion has been minimal. Our tracking data show that the loss of state funding has had a serious negative impact on Colorado everalpht Pleasure TORS to Colorado tourism. It took two years for the business, to 19921:01997 bottom out BY 1994, the number of overnight pleasure trips dropped by 2.7 million. Total visitation has recov- 20 ered gradually since then, and in 1997 finally exceeded 1992 levels. However, this recovery is is based entirety on a significant increase in visits to b hiendr1relatives. The VFR segment is low-value Q 10 n• n: ,rr n.. so. and is driven mainly by population growth, not marketing. Higher value 'marketable" pleasure g trips to Colorado actually declined by 1.6 million LE _rNL_~. (13%) during a period when U.S. pleasure travel 0 showed major growth. 1992 1993. 1994 1995 1996 1997 As a result, the state's competitive position has eroded dramatically: • Since 1992, Colorado's share of U.S. overnight pleasure trips has declined by 30%. • After years of being a leading summer resort destination (ranked first among U.S. states in 1993), Colorado has failed to make the top 10 in recent years. :i. •r? " Cq1 ,residents are now accounting for a siofrcantly greater proportion of the state's tourism pie, vs. out-of-state visitors. Adjusting for inflation, tourism spending in Colorado has dropped by $647 million (15%) since 1992. Structure of Colorado's Colorado's Share or U.S. evernlght Pleasure Trips Pleasure Travel Market 15 n 2 d 'C tr 10 n C a ~t 0 5 ee a 0 7.3 0-00 0. 1992 1997 1992 1997 Visa FciekWRe1dm other Pleasure Trips 1992 1993 1994 1995 1996 1997 'W 6 A 'd 9568 LZ6 OL6 'OK M 1SV3 Yid Z6:Z HI 86-06-Nnr r r' Pleasure Travel Expenditures Colorado's BankAMS09 50 States as a 1992 vs 1991 Summer Resort Destination $ 847 Million s a 4 Go 10 2 0 i5 a, _ . ~i r~s •A*sfatllt~kMM 1992* 1997 20 The~BOttom~L~ne 1992 1993 1994 1995 1986 1997 The 1997 Colorado travel story has elements of both good news and bad news. The good news is that the tourism industry trade a huge contribution to the state's economy, generating $7.1 billion in expenditure,, $1.5 billion Pleasure Trips by Colorado Residents in payroll, 112,000 jobs, and $388 million in state and local taxes. 'T'hese are conservative numbers, with no assumptions about "multipliers" and 35 'ripple effects." Even better news is that the taxes are coming largely from 30 the pockets of non-residents, who only pay taxes In Colorado when they - visit. 25 The bad news is that business has declined in terms of both quality and 20 quantity.,-Mahout,& strong rnarketing stimulus, Colorado is changing from m 15 a2 ''4' a national t 7',;! ~g~onaI destination, one that is increasingly driven by local a 21 residents and people visiting family and friends. The result is a 15% decline 10 in expenditures, taking inflation into account, and a 30% drop in Colorado's 5 share of the U.S. pleasure travel market since 1992. 0 MEN- If Colorado had maintained its competitive position, the result would be 1992 1997 over $2 billion in additional tourism expenditures in 1497 alone. This report was prepared for the Colorado Tourism Board and the Colorado Travel and Tourism Authority .by LongiNoode R Internatlonal. Vithorvohmn and market shmilM come from Travel USA®, Longwoods' syndicated survey of the'U.S- travel market that contacts a representative sample of. 200,000 U.S. households annually. Follow-up surveys of Colorado travelers Identified through that program provided additional Information, Including traveler spending data. 1997 travelerspending estimates were developed by Dean Runyan Associates using the survey data and various other sources of Information Including Colorado room tax receipts and sales tax receipts on lodging, the Rocky Mountain Lodging Report- Denver Edition, and data from Colorado campgrounds. The 1992 pleasure travel spending estimate is from Longwoods' 1992 report for the Colorado Tourism Board and is based on survey data only. The impacts of traveler spending on payroll, employment and taxes were estimated by Dean Runyan Associates based on business spending, employment and payroll data provided by the Colorado Department of Labor and Employment, payroll and receipts data published by the U.S. Bureau of the Census, and relevant local and state tax rates. A . d 99H LZ6 OL6 'OK Xyd ISV). Wd ££:Z RE 86-0£-Nnr X G BECEIVED AP ~ a 1999 Hanifen, Imhoff Inc. Investment Bankers 1125 17th Street, Suite 1600 Denver, Colorado 80202 (303) 296-2300 Dear Friend: I am a Board Member of the Executive Committee of the Jefferson Foundation, which is a non-profit cooperative partner with Jefferson County Public Schools. The Foundation strives to better education in our community through a variety of innovational programs. On Tuesday, April 20, we all were shocked and saddened by the horrible tragedy at Columbine High School. Understanding how and why is impossible for most of us, but hopefully we can achieve something positive out of all this. Recently the school district asked that offers of financial contributions be forwarded to the Jefferson Foundation. As a dedicated member of this worthy organization, I am taking an active role in generating donations for this cause. The Foundation's "Columbine Fund" will be used in two ways: 1. To support programs that prevent violence and address conflict resolution in our public schools, this issue would be addressed on a District Wide basis 2. To support the families and the victims specifically of the Columbine attack If you were moved by this terrible incident, by the innocent students and faculty victims, and by the heroes who helped save hundreds of other students from physical harm, please join me, my family / and firm, Hanifen, Imhoff Inc. in supporting this effort. Contributions should be made payable and sent to: The Jefferson Foundation C/o: Columbine Fund 809 Quail Street, Building #1 Lakewood, Colorado 80215 If you have any questions, please call me at 303-296-2300 or contact Mona Sandoval, Executive Director of the Foundation at 303-982-2210. Thank you for considering our effort to help those at Columbine High School and everyone affected by this event. Sincerely, Steve Bell Board Member Jefferson Foundation ® ~ Member. ¦O.J. National Association of Denver • Glenwood Springs, Colorado .~..-..p~.=..~..~ Securities Dealers, Inc. Winter Park, Florida, Omaha, Nebraska uut know, ndon'se oilers ld its that own 'as sa chaile~lesirle,,cre8sea 'Iflst r•v4 r °""""Lips h' 0 p.m~ (CNN) r $ut the exPe rlence taught him a lesson: ver, as operotor.' f troller res tiv' aging With.. ; ear; so did-billings from thesubcontrar company; even in its firstear;. was P~ i ' $o kips u . ! bi er than he could run alone.""'!. O'Connell; nom P r ors he uses to do the work for him;, and gg .30 p.m (CNN) so did the time it;took to complete' a; joba ou can'only go to, about $800,000 :company;,has pu Money a key feature of his marketuig pitch g y Y scheduling back; ,without losui our mind said Shelle says of Stalgren pt3m. (F'NC) Cavutq ou Business f s"ylie had, ° 6f Qps2~ 'Slug Sri+±aav teral? Vq, area general : P+ $ he9 $te to t',i= r in n`rgw wh fi isse8 ~s i" f nt t r` i `A'Wafd member my fife, I'm gett Thecom an in p;thrr~odeuncil of the Nation= ohz Vl~rth Suie#Ormah she sai ifig y4 k, , • an P . Y,,lo 4. = , P= (G fN)'Bii mnss Undsu saic ls1 cilie for ~r al,Associpt n of Home'Builders. ' five to 15 emp owner nya 1` a ] I Bru er ad Tom.O wens recen y ti ' pg C that o' n ined~ thy` ge my o Jo ggo eirar ce Flea F d 00 s ate fullservi '30 m (CNN)14i1 week an idly g ,A O i I, 0, •'ti 1?5: ,xY.v: xSrF ti.i `t rt ~.-Y ~x'~~ ~To beach s : . ~ r b hoe03=er r es ground m iea on'. Cs On OPP e pr ~aii 309=820-1334: t ,ajA • ~ F , j ,x~ zit v~;.• maiL•'liusiness@denver , By Steve Lipsher" ` Copper. Mountain President Harry Mos- from where we've been the 'last 25'years to I Run base at Keystor < p ett wnteF " grove joked before launching an 18-month where we're going to be," Mosgrove. said "The old building Mail: Business;News,:The.Denver oenyer Post MOUNTAIN`<Otily`moments project that,will bring four new.high-rises "This is definitely one of those: milestone excitement or flow, COPPER o .corn Post,1560 Broadway, Denver, Colo_ . to the resort center all' at once. Called the days here'at Copper.. Eldon Beck. "The i after a ceremonial groundbreaking on a „ 80 ,02 new resort: Village; arbackhoe operator Copper,4e, ..the project is the feeling of communil rea. Stock market updates: Go to lurched into, place to.,begfri the:.heaYy.dig :M st4e add SO,' ki-aa nation lntrendiof re~ Last spring, the Intrawest-owned resort:: We are not just bui (,Tli' Denver'. Post.Onlme,at ti~ ging, eager to get.the,fast track work un . ' kicked off. a 10-year, '$400 million rebuild Copper. We are trar Z ~3w denverpost com;'click on Bust way, , ef,61: resorts with upper=end . ing process;'tearing down some 1970s-era sort experience." condomrniam ro]ects. buildings and replacing them with a mod- ness section, then click on Stocks P With staggered i F• Now we have the simple task of getting . ern pedestrian shopping village topped • ~'t r , eve •built~,on.itirne,andt m 'on`budget" We're about to ake a transformation with, condos, similar, to the stylish River Pleas . . X C: Cdt~,atu.~ 6.Y' ~ ` :''''G''' r r ~~;'~..k v •'.'S,~l f~ rs.:;..z r~',.: '~'/~f.'12. v, r°.-:-.. : • 'r ''~~Q i ~I:;,OZu - , d onmne redme { t Ski :.area breakslr' o l~:i ~ t f.. a.~ j•: t't. ! . •'1.'''71, , Itt , - COPPER from' Page 1C ` Where. the skiers ski'~,Well, what ";,;;nomic 'downturn, and gives'the're- he said. "Financially, you. n9)ht j else could you say? Now it'll be in- ""sort a hefty infusion of cash enter- see a blip, but the idea. is to ems- ' timber construction and outdoor teresting to see if they begin to ing construction but the profits lish a bed base.. The thing thatil' gathering places, the project evolve that positioning to where -from the real-estate development kept these resorts going has b,a evokes an Old World city with. a it's more than just where_the skiers . are short-lived and not even a ma- bed base.... Hopefully; it'lls e Western mountain flair. ' ski." jor piece of the company's fi- Similar base-area villages are in nances. us a good business from Mo y the works at Winter Park Steam- Pre-selling the units, Mosgrove through Thursday instead of ju$ pn boat. and Breckenridge, affording said, reduces the 'risks of an eco- . "Real estate is just short-term," the weekends." cash-flush, aging baby boomers a chance to own ski-in/ski-out prop- erty and infusing the resorts with J cash and excitement at a time ' ism when skier numbers are stagnant., - ~ 79M "It's location, location, location, $ QCI s i ?+Q~IO/ I ;nol and people are willing to pay top ` 4a • Recreational Sales ;qb dollar for it," said ski-industry con- = 7 sd sultant Bob Kunkel. .21 xWill At Copper, for example, 140 con- FF V dos in the new village sold in seven no hours during the offering in Fill slq ary - months before the turning of Sprin Diesel Pusher' Sale s9b the first shovel of dirt, at prices sM ranging from $169,900 to $969,900 Sp a Y$ ecial Pricing for Three Da OnlY rsz I, - and the $53 million in sales seta iiup North American record, ~or a single day. Manufacture Representatives will be present to assist you in the . ' ..Meanwhile, Intrawest also is fin- selection of your luxury diesel motorhome . ishing the rebuilding of the East Village, where the 108-unit Copper Presenting these Quality Manufacturers flT Springs condominiums and a new ' day lodge will be open in July. And in the future, exclusive single-fam- ily homes are planned for the far U- west end of the resort, in all more ' 791 than doubling the number of beds T currently at the resort. "Of all the resorts that are doing I' something, this is the one that '~-~f sm you L` a 1 of en would least question and would say C. INC. . r at, this is so obviously missing," •Kun- Ouz nd s ' kel said.. "Their slogan has been a 8 • 2 ~rJ ;Jnn he ch www.Bewen.Net _ t sm x- ram L" ISP Saving All Cdoro& _ TA !~s• t ..i. ill 11 6s i ,on t z v as w_ A L P I N E C O A C H Coaches lit V 6 1 ~a will be .nd 1 c~ Aril 22nd through the 24th sdt A fi- P heated, hot ,n 9:00 A.M. to 6:00 P.M. beverages Ice 095 will be 19.11) ;6. 4120 Youngfield, Wheat Ridge, CO served. I °ih (303) 422-2001 800-835-2638 I-70 West, Next WCamping World yner Ac ; -T C- RECEIVED MAY 4 1999 Corporate Headquarters • 0105 Edwards Village Bbd, C202 PO Box 2636 Edwards, CO 81632 970.926.5071 970.926.5869 Fax April 30, 1999 Vail Town Council 75 S. Frontage Road Vail, Colorado 81657 Dear Council Members: Thank you for selecting me to represent the Town of Vail on the Vail Valley Marketing Board. I am delighted to be able to work with such a talented group of people on behalf of the Vail Valley. Please do contact me with any concerns or issues that you would like to have relayed to the Board. I look forward to frequent dialogue with the Council. Since ely, Sandra Sage Director of Sales & Marketing East West Resorts COLORADO A ASPEN A BnwER CREEK'® A BRECKENRIDGE A COPPER A,1ouNFA/N A KEYSTONE, A STEAMBOAT SPRINGS A WINTER PARK SOUTH CAROLINA A HILTON HEAD ISLAND A KIAwAII ISLAND A WBD DUNES A SEABROOK ISLAND ? ISLE OF Nixs A SUI-./VAN'S ISLAND UTAH A DEER //ALLEY ? PARK CITl' A THE CANYON'S email: ewcorp cdeastwestresorts.coLn ? tmmveastwestresorts.com F Y, RECEIVED MAY 4 19Z BRAVO! VAIL VALLEY MUSIC FESTIVAL GUILD - POST OFFICE BOX 2270 VAIL, COLORADO 81658 (970) 827-5700 May 3, 1999 Mr. Rob Ford Mr. Robert McLarin Mayor Town Manager Town of Vail Town of Vail 55 South Frontage Road 55 South Frontage Road Vail, Colorado 81657 Vail, Colorado 81657 Subj: PARKING FEES AT FORD PARK AND VAIL SOCCER FIELDS Dear Mayor Ford and Mr. McLarin, The subject of this letter is the current policy of the Town of Vail to charge a $5.00 fee for parking at the Ford Park parking area and the Vail soccer fields during periods of heavier use at Ford Park events. Present information indicates this policy will be applied to all BRAVO! FESTIVAL concerts. This policy is having a significant impact on the personnel of the BRAVO! Vail Valley Music Festival Guild. The Guild is the organization of volunteers, both full time valley residents and many of the long time summer residents, who support each concert with their services. Last season several members tried to use the free parking in the Vail parking structure and ride the shuttle bus. Several problems made this option unsatisfactory. The shuttle buses did not operate at a frequent enough schedule 1 1/2 hours prior to the start of the concert. These persons found they had to arrive more than 2 hours early in order to catch a shuttle bus and be on time for their volunteer start. Secondly, the buses did not continue on a frequent schedule for a thirty to forty minute period after the end of the concert. Several unaccompanied women were required to walk alone back to the Vail parking structure in the late evening along dimly lit or paths with no lights. This situation was most unsatisfactory and a very significant safety issue with these women. The short notice and implementation of this policy at the beginning of last season caused strong resentment by these Guild members toward the Town of Vail and the BRAVO! Festival. Although none of the persons canceled their commitment to provide their volunteer services last concert season, many of them stated they would not join the Guild and volunteer this next season if the policy continued to impact them. This situation appears to be coming true. The Guild membership is currently lower than several previous years. A review of the past years roster indicates that many of the long standing members have not joined. Recent discussions with several of these members identified the parking issue as a significant irritant; having to pay $5.00 for parking in order to volunteer their services. They stated this was very shabby treatment by the Town of Vail. We must find a solution that does not penalize these volunteers who provide their services to the benefit of the community. The rules for BRAVO! Guild volunteers are 1) they must be at the Amphitheater 1 1/2 hours prior to the start of the concert and 2) volunteers are required to stay at their assigned positions at the end of the concert in order to say good night to the concert guests as well as other duties to cleanup the seating area. These duties usually last twenty to thirty minutes. I would offer these alternatives: 1) A paid voucher be issued to each volunteer driver that allows them to park at no charge for the concerts they have volunteered to serve. These vouchers would be in the custody of the BRAVO! Guild House Manager and would be marked valid for only one specific concert. The vouchers would be collected by the parking attendant. Since all volunteers at each concert must be there by a specific time, generally 4:30 p.m., any vouchers presented after that time would be invalid and the person charged the $5.00 fee. This procedure would allow the normal application of the parking policy to all other persons. 2) Allow free parking at the soccer field up to the 4:15 p.m. time. Any persons entering the lot after that time would pay the $5.00 fee. The soccer field parking is convenient to the amphitheater but is less used by players at the softball diamonds. 3) Allow free parking to any BRAVO! volunteer who carpools to the concert. The carpool should be established for 2 or more individuals which all couples to park free. The wearing of the black and white dress which is standard for the Guild volunteers should be sufficient recognition for the free parking up to the 4:30 p.m, time. 4) The Town of Vail provide a single bus to leave the Vail parking structure exactly one hour and fifty minutes prior to the start of the concert. This option allows any volunteers to park free and provides five (5) minutes to drive to the Ford Park upper area and the volunteers have fifteen (15) minutes to walk to the amphitheater. At the end of the performance the Town of Vail would continue to run shuttle buses at frequent intervals a minimum of thirty (30) minutes after the end of the concert. r I am willing to attend any Town Council session addressing the issue of the bus service to Ford Park. I am also willing to meet with any members of the Town staff to reach a satisfactory solution to this issue. I look forward to your response. Sinc ely, Warren M. Garb Co-President, BRAVO! Vail Valley Music Festival Guild ABC SCHOOL 9708457829 P.01 r , May 4, 1999 To: Vail Town Council Members The Learning Tree and ABC School Directors request that the Vail TownCouncil review and amend our lease with the Town of Vail on the Mt. Bell site. We are making this request so that we can be assured that, we are given a reasonable amount of time to raise j funds to build a new school, if we are mandated by the town to relocate. We do not feel that the 30 day clause that currently exists in our lease would be conducive to a funder looking favorably on our request. In addition, we would need a long term lease stating the location of the new building site in order to approach funders. Thank you for your consideration- We would like to send a representative to the Council meeting on May 11 in order to answer any questions you may have. Sincerely, Learning Tree and ABC School Dir tors Moe Mulrooney, Cricket Pylman, Cindy Allard and Kristy Grims i •i I