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HomeMy WebLinkAbout2000-03-21 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, March 21, 2000 7:00 P.M. IN TOV COUNCIL CHAMBERS 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.) Item A: Approval of the February 1st and 15th Council Meeting Minutes. 3. A request for a worksession discussion and first reading of Ordinance 5, Brent Wilson Series of 2000, an ordinance amending Chapter 13-7, Town of Vail Code, to allow for the conversion of accommodation units into condominiumized employee housing units. (20 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance 5, Series of 2000 on first reading. BACKGROUND RATIONALE: In 1983, the Town of Vail passed Ordinance 2, Series of 1983 in an effort to address the conversion of accommodation units ("live beds") into condominiums within the Town. The ordinance placed restrictions on the use of accommodation units that had been previously converted to condominiums and required these units to participate in a short-term rental pool. This principle of "lodging preservation" is a universal theme throughout Colorado's mountain resort communities and the Town has managed through both subdivision regulation and zoning to preserve a substantial number of accommodation units. In 1995, the Town of Vail amended this regulation in order to prohibit the conversion of any accommodation units to condominiums. The restrictions on previously-converted units remained in effect under this amendment while the application process for conversion of a.u.'s into condominiums was eliminated. This proposed amendment to Chapter 13-7 would allow for the conversion of accommodation units into employee housing through the Town's existing condominium platting and conditional use permit processes. None of the Town's other restrictions on condominium conversions would be changed with this amendment. STAFF/BOARD RECOMMENDATION: The Town's Planning and Environmental Commission voted 7-0 (2/14/00) to recommend approval of this request to the Vail Town Council. Staff recommends the Vail Town Council approve with modifications Ordinance _ on first reading. 4. PEC Appointments. (5 mins.) 5. Discussion with Vail Junior Hockey Club Re: A Temporary Practice Sheet Glenn Davis of Ice. (30 mins.) 6. EHU Code Amendments. (1 hr.) Dominic Mauriello A request for a worksession for amendments to Title 12, Zoning with respect to Employee Housing Unit Standards, Minimum Lot Size Requirements in the Primary/Secondary and Two-Family Residential Zone Districts and Site Coverage Standards. ACTION REQUESTED OF COUNCIL: Worksession - No action requested of Town Council BACKGROUND RATIONALE: On June 15, 1999 the Community Development Department presented to the Town Council some potential revisions to the Town Code having impact on the provision of employee housing in the Town's duplex zone districts, Two-Family Residential and Two-Family Primary/Secondary Residential. The Town Council gave staff the direction to move forward with the concepts presented. The PEC has reviewed the proposal at its August 23, 1999 and September 13, 1999 meetings. The PEC recommended several modifications to the proposal which have been incorporated into the proposal. The PEC recommended approval of the proposed changes with 2 minor modifications on September 27, 1999. The changes included allowing EHU's to be separated from the main structure if constructed in conjunction with garage and removal of the provision that would have required both owners of a duplex to sign the application for an EHU. Those changes are included in the proposed text. On October 5, 1999, the Town Council gave staff direction to move forward with the amendments after the new Town Council was seated. There was general acceptance by the Town Council of the proposed amendments given at that meeting. The Council also wanted to incorporate a requirement for an EHU on large lots. This can be easily incorporated, however, staff is very concerned about doing this without proper analysis showing a nexus between large homes and impacts on employee housing. The staff has discussed this with several professionals in the field and they believe that an extensive analysis of neighborhoods needs to occur to show that large homes are different than smaller homes with respect to employee generation. Staff believes that while we may intuitively believe that large homes generate more employees, the courts will require evidence. We anticipate that this regulation will bring challenges. As part of the Vail Tomorrow and Common Ground processes the community stated that the Town needed to improve its incentives for private developers to create Employee Housing Units (EHUs). Staff has identified some areas of the Zoning Regulations that may need to be modified in order to ensure that the Zoning Regulations are truly "promoting" employee housing rather than acting more as a disincentive. On October 5, 1999 the Town Council agreed that the following were disincentives to providing EHUs: • Requiring garage space for an EHU, where code does not require garage space for other dwelling units • Restricting the sale of a Type I and Type II EHU and requiring that it be a rental property • Taking away the right to do a "250" on older homes if an EHU GRFA credit is used • Not allowing enough site coverage to build the EHU on smaller lots • Counting Type III EHUs as an impact on density Please refer to the memo in your packet for a detailed analysis. RECOMMENDATION: None provided as this is a worksession. 7. Lionshead Community Facility - Public Discussion. (30 mins.) Russell Forrest 8. Town Manager's Report. (5 mins.) Pam Brandmeyer 9. Adjournment ( 9:45 P.M. ) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/28/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/4/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/4/00, 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. C:\AGENDA.TC VAIL TOWN COUNCIL - MINUTES TUESDAY, February 1, 2000 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 1, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem Rod Slifer Chuck Ogilby Kevin Foley Diana Donovan Greg Moffet COUNCIL MEMBERS ABSENT: Ludwig Kurz, Mayor STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Kaye Ferry of the Merchants Association commended the Council for putting effort into the employee housing project. She asked Council not to wait until the year 2001 to deal with this issue. Dennis Jones expressed the same thoughts and said that the Town of Vail cannot afford to lose any of its employee housing. The second item on the agenda was the Consent Agenda. Kevin Foley moved to approved the Consent agenda. Greg Moffet seconded. A vote was taken and was passed unanimously, 6-0. The Third item on the agenda was Guest Service Recognition Awards. Suzanne Silverthorn asked Council to join in congratulating Vail's Employee Guest Service Recognition winners for January and assist in the prize drawing activities. Fifteen of the 25 honorees were present as Mayor Pro-Tem Sybill Navas and Vail Mountain Chief Operating Officer Bill Jensen drew for more than $2,000 in prizes. The prize winners were Holly Fuller of Vail Associates, winner of a ski pass; Anne Schubert of the Baggage Cheque, winner of a gold parking pass; Susan Garcia of Vail Cascade Resort, winner of a $100 check from the Vail Village Merchants Association; Ann Eggers, winner of a $100 certificate from the Lionshead Merchants Association; Becky Levi-Cohen of Vail Associates, winner of a $100 certificate from the Vail Valley Restaurant Association; and Eric Perkins of Colorado Footwear, winner of a gift certificate from the Daily Grind. Nominations for February's honorees are now being taken and are due to the Town of Vail by Feb. 25. The guest service award was launched by the Vail Community Task Force in November as one of eight Vail Renaissance initiatives aimed at recapturing Vail's number-one resort status. In November, the Town of Vail and its Community Task Force partners launched a monthly employee The fourth item on the agenda was the second reading of Ordinance No. 2, Series of 2000, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning Part of Tract B, Vail Village Seventh Filing (Ski Club Vail) from Agriculture and Open Space (A) District to Ski Base Recreation (SBR) District. Brent said on December 14th, the Town Council reviewed the approved development plan and rezoning request for Ski Club Vail's new facility. At that time, Council (and the PEC) advised staff to pursue an agreement with Ski Club Vail regarding contributions for streetscape improvements. Ski Club Vail's construction estimator evaluated the cost of the Town's proposed streetscape improvements along Vail Valley Drive and staff has reviewed the numbers for accuracy. Vail Town Council Minutes February 1, 2000 1 Ski Club Vail proposes to contribute $14,450 in the form of landscaping, grading and irrigation along Vail Valley Drive. This amount is equal to 39% of the total cost for streetscaping along the Ski Club Vail parcel (or 11.2% of the total cost for streetscaping -between the Golden Peak bus stop and the Pinos del Norte property). A complete review of the rezoning request and estimates for streetscape improvements has been included in the staff memorandum. At the December 13th, 1999 meeting, the Town's Planning and Environmental Commission recommended that the Vail Town Council approve the applicant's request for a rezoning from "Agriculture and Open Space" to "Ski Base Recreation". The Community Development Department recommends that the Town Council approve Ordinance No. 2, Series of 2000 on second reading, subject to the following finding: 1. That the proposed zone district is compatible with and suitable to adjacent uses, consistent with the Town's Land Use Plan and Zoning Regulations, and appropriate for the area. Greg Moffet moved to approved Ordinance No. 2, Series of 2000 on second reading with the following findings: 1. That the proposed zone district is compatible with and suitable to adjacent uses, consistent with the Town's Land Use Plan and Zoning Regulations, and appropriate for the area. 2. Council approves Ski Club Vail's proposal to contribute the equivalent of $14,450 (or 39% of total streetscaping costs) worth of landscaping, grading and irrigation along Vail Valley Drive, in accordance with the Town's Streetscape Masterplan. Kevin Foley seconded. The motion passed unanimously, 6-0. The fifth item on the agenda was the Town Manager's Report. Bob Mclaurin said the Town was in the process of negotiating a replacement of the in-town shuttle. He said the Town was looking into the idea of moving away from rubber tires. The preliminary study should be done in 4 to 6 weeks. Kevin Foley asked how much money would this involve. Bob McLaurin said around $15,000 dollars. Kevin Foley moved to adjourn. The motion passed unanimously, 6-0. The meeting adjourned at 7: 39 p.m. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter Vail Town Council Minutes February 1, 2000 2 VAIL TOWN COUNCIL - MINUTES - TUESDAY, February 15, 2000 _ 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, February 15, 2000. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT:Ludwig Kurz, Mayor Sybill Navas, Mayor Pro-Tem Rod Slifer Chuck Ogilby Kevin Foley Diana Donovan Greg Moffet STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager - Absent Tom Moorhead, Town Attorney Pamela Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Moe Mulrooney, of the Learning Tree administrative team and Kristy Grim, of the ABC School administrative team gave imput to the Council as to what they would like to see for a community pre-school. Moe Mulrooney referred to a memo that she presented to Council while addressing the public. Kristy Grim added that rumor has it that the public's opinion is that a pre-school does not belong in Donovan Park. She said they would like to have a clarification as to location for the pre- school so they can move forward with fund raising and the program planning process. Kaye Ferry, of the Vail Village Merchants Association, said that she would not have a booth at the West Fest again. The cost of $750.00 for entrance fees, the amount of work, the number of employees, and confusion of the whole thing was not worth it. She said the three local merchants that participated last year would not be participating this year for the same reasons. She told Council she thought it was important they try to make it so that local merchants could afford to have a booth or could have a booth free-of-charge based on their already having obtained a business license. The second item on the agenda was the first reading of Ordinance No. 3, Series of 2000, an ordinance authorizing the conveyance of fee title to the following real property owned by the Town of Vail and located at 770 Potato Patch. On December 1,1994, the Town of Vail acquired the care taker unit at 770 Potato Patch Drive Condominiums for $76,000. The Town was able to acquire this unit as a result of a law suit filed by the Federal Deposit Insurance Corporation against the Town of Vail and 770 Potato Patch Drive Condominium Association to remove a restriction on the unit being utilized as a care taker unit and not to be sold separate from the other common elements of the Association. FDIC had acquired the title to the unit as Receiver of Silverado Banking, Savings and Loan Association upon its failure. The Town of Vail received the property by Quit Claim Deed from Silverado Investment Company without restrictions on resale. The last appraisal on the unit was $225,000. The unit has been rented to a Town of Vail employee for $850 a month. This unit, due to its value and due to the expensive monthly assessments and special assessments, is not ideal as an employee housing rental unit. It is believed that a sale could be consummated which would provide the opportunity to buy one or two additional units that would more appropriately function as housing for employees. The staff recommended the Town Council approve Ordinance No. 3, Series of 2000, on first reading. Kevin Foley moved to approve the ordinance, Greg Moffet seconded. Vail Town Council Minutes February 15, 2000 1 Mike Jewett said he could not believe that Council would approve this-ordinance before finding a buyer for the condominium unit in question.- Greg Moffet responded by asking why a- buyer would bid on a unit knowing he would have to wait 6 weeks before knowing if it was for sale. Rod Slifer said that this Ordinance was getting Town Council's approval to sell it only. A vote was taken and it passed unanimously, 7-0. The third item on the agenda was the presentation of the proposed Employee Housing Plan for the Vail Plaza Hotel. The purpose of the work session was to provide the developer with an opportunity to present plans for the required employee housing in accordance with Condition No. 1 of Ordinance No. 1, Series of 2000. On January 18, 2000, the Vail Town Council approved Ordinance No. 1, Series of 2000, (4-3 Donovan, Foley & Navas in opposition). In accordance with the conditions of approval prescribed in Section 5 of Ordinance No. 1, Series of 2000, the Developer was required to, "submit an Employee Housing Plan to the Town of Vail Community Development, within 30 days of the approval of Ordinance No. 1, Series of 2000, for the review and approval of the Plan by the Vail Town Council and/or reviewing Boards and Commissions, prior to the issuance of a building permit. At a minimum, the proposed Plan shall include, but not be limited to, housing alternatives, with at least one alternative showing 38 beds and at least one additional plan showing 19 beds on-site and within the Special Development District for the consideration of the Town. The required employee housing units shall be located within the Town of Vail and comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code). The Developer shall provide deed restricted housing for a minimum of 38 employees, and said deed-restricted housing shall be made available for occupancy, and the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Vail Plaza Hotel. Nothing contained herein shall obligate the Town to approve such a Plan, nor shall the Developer be required to remove existing proposed uses or density in order to construct the employee housing units on site. The Developer agrees, at the determination of the Town of Vail Community Development Department, to make all necessary applications and proceed through all required development review processes resulting from the proposed Employee Housing Plan." No action was requested of Council at this time. The Community Development Department was not making a recommendation on the plan at this time. Staff would provide a recommendation at the time of final review. Jay Peterson said this was a courtesy presentation to show Council what is in the planning stage. He said an additional 31/2 feet would be required in height to add enough square footage to keep the beds on site. Tim Losa walked the Council through exhibits showing the location of the units with the additional height. Jay Peterson said they could live with the 3 1/2 feet of additional height. He said they created the addition square footage out of cubic footage and by better utilizing the existing space. They put units above the offices and next to the lobby. Jay also said that the new plan has them going down another half level (5 1/2 feet) for parking. He said they wanted to save hotel rooms while adding employee housing. Total height would then be 711/2 feet. Greg Moffet asked if each floor was 10'/2 feet slab to slab, to which Jay Peterson responded "yes". No action was taken as this was for information purposes only. the fourth item on the agenda was a monorail proposal by CARTS (Colorado Alliance for a Rapid Transit Solution). Greg Hall presented a video to Council. Greg Hall said CARTS hired Melanie Kelly as Executive Director. Legislation would be introduced in the Senate on February 17. If it passes the Senate, it would go on to the house. Legislators are asking for approval to place it on the ballot in November 2000. A proposal to use 100 million of excess revenue for developing the technology and building a 3 mile test section between Silverthorne and Frisco was at issue. CIFGA (Colorado Intermountain Fixed Guideway Authority) could not be a lobbying agency once the legislation was introduced. Kaye Ferry asked why the Silverthorne area was the place chosen to test the monorail system. Kevin Foley said because if the full system of the monorail system were not approved in the year of 2003 the project would still be of some use because retail outlet stores in Silverthorne. More importantly, this section of test track saw extreme mountain weather conditions and was at a peak altitude. Jim Lamont said all of this was a bit confusing because he has been reading of other options that the county is considering for the Vail Corridor. Kevin Foley said it was related to competitors. He said the next meeting with the county group, the Intermountain Connection would be February 25. Another question that he thinks should be addressed is the overall demographics. Rod Slifer asked if the monorail would tunnel Vail Town Council Minutes February 15, 2000 2 through or go over the top of Loveland Pass. Sybill Navas said she thought it was being proposed to go along an existing water tunnel or test bore for Eisenhower to serve Keystone. Kevin Foley said the terrain is a lot easier from Fort-Collins to Colorado Springs. He also stated that Tom Hopkins of East Vail, who is with Transport Ventures, could answer questions if council wanted the scientific answers to any questions regarding the different alternatives The fifth item on the agenda was the Town Managers Report. Pam Brandmeyer said the grass on the Gore Creek Promenade would not have to be replaced. She said the area will be fenced off for 3 to 4 weeks during the rehabilitation period. All fencing and covering will- be removed prior to the July 4th weekend. Pam Brandmeyer said that the Town was in the process of scheduling a joint work session with Jose Aybar, Dr. Cynthia Heelan, and the CMC trustee for the Town of Vail to discuss the future direction in regard to the physical location for the Vail campus. Sybill asked if there was any more information about the White Water issue. Pam Brandmeyer said she did not know what Brent Wilson has scheduled at this time. Greg Moffet moved to adjourn. Kevin Foley seconded. The motion passed unanimously, 7-0. The meeting adjourned at 8: 20 p.m. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Beth Salter Vail Town Council Minutes February 15, 2000 3 VAIL JUNIOR HOCKEY ASSOCIATION ICE RINK PROPOSAL TO THE TOWN OF VAIL TOWN COUNCIL MARCH 21,2000,7:00 P.M. TOWN COUNCIL CHAMBERS, TOWN OF VAIL, COLORADO AGENDA 1. Introductory Remarks - Glenn Davis (5 Minutes) H. Additional Remarks - 1 VJHA participant, 1 Vail Girls Hockey participant (2 Minutes) III. Proposal Overview - Glenn Davis (10 Minutes) IV. VJHA Assessment of Proposed Sites - Glenn Davis (8 Minutes) V. Action Request, Closing Remarks - Glenn Davis (5 Minutes) VAIL JUNIOR HOCKEY ASSOCIATION ICE RINK PROPOSAL TO THE TOWN OF VAIL TOWN COUNCIL MARCH 21,2000,7:00 P.M. TOWN COUNCIL CHAMBERS, TOWN OF VAIL, COLORADO PROPOSAL: Vail Junior Hockey Association would like to petition the Vail Town Council to identify a site suitable for a temporary ice facility as well as capital improvement funding to construct such a facility prior to commencement of 2000-2001 season; such a facility will be utilized primarily for practice and other Dobson overflow until such time as a permanent facility can be completed. VJHA would like Council members to be aware that while we are petitioning for a facility we can use to accommodate program growth, it is our hope that any additional facility will also benefit all the local rink users, including figure skaters, mens' leagues, old timers leagues, womens' leagues, and even free skaters. RATIONALE: Participation in the VJHA program has grown significantly over the last 5 years, with the 1999-2000 season having 20 more participants than the year prior. The majority of program growth - over 50% of our current registration - has been at the youngest age levels, requiring three teams per age bracket at the Mini-Mite, Mite, and Squirt age brackets. Growth projections for the 2000-2001 show an additional 15-20 participants. Meanwhile Vail Girls Hockey - which will become part of the VJHA next year - grew to 30 participants this year, with an expectation of growth to 45 participants for the coming year. Dobson is clearly overutilized for our current rosters, and VJHA and VRD expect the problem will be considerably intensified for the coming year. It is the opinion of VJHA that a secondary facility is required immediately, and while we are concurrently devoting our efforts towards facilities in Eagle-Vail and Edwards, it is our opinion that the Town of Vail is best positioned to help us solve this problem for the coming year. Continued participation by a majority of the younger age groups with similar new registrations at the younger age levels will only worsen the problem in following years. PROJECT ELEMENTS: 1. Site Identification. We are asking the Town Council to identify a site where a temporary facility may be placed. The following are sites the Town Council has offered for consideration or is seen as practical by VJHA: • Donovan Park • Booth Creek Park • Lionshead Parking Structure • Vail Golf Course Driving Range 2. Site Requirements. Any site selected by the Town Council will require the following improvements either added or in place to accommodate a facility: • A reasonably flat, level (no more than 1.5 feet out of level) surface of roughly 200 ft by 120 ft to accommodate ice sheet and limited dressing and spectator areas. A concrete slab utilized for multiple basketball courts or tennis courts would be acceptable and preferable. The site should NOT have ground water, as the heat produced from below ground will affect the freezing of the ice. Playing fields of any sort of a large enough footprint are suitable. • Adequate water supply to fill portable refrigeration system and provide for Zamboni operation. • Adequate electricity for operation of integrated compressor system requiring 330 Amps and all lighting for rink and locker rooms. • Adequate storage option for Zamboni when not in use. • Adequate nearby parking for 2 to 4 teams of 15 each. 3. Project Improvements. The rink facility itself will require the following improvements: • A portable refrigeration system furnished by CalMac, Inc or other vendor. System includes self-contained roll-up mats of flexible, coolant- filled tubing that may be rolled out onto the proposed surface and subsequently rolled up seasonally or after use completed. System also includes integrated electric-powered compressor system. NOTE 1: IceMat requires no underlying bedding of sand or concrete and DOES NOT cause any harm to underlying surfaces. NOTE 2: As an additional consideration, system tubing must be properly stored in cool, dry space when not in use; must not be exposed to direct sunlight for extended periods. • A temporary bubble structure OR adjustable covering system to be furnished by Cover-All, Inc. Solar exposure and especially snowfall seriously inhibit an outdoor rink's usability in this climate, and for this facility to be reliably useable VJHA proposes that it be covered. While bubble systems are generally considered unsightly, a system similar to the Breckenridge outdoor facility is also available. All covering systems would be temporary to be anchored by concrete block as opposed to permanent anchorings. • 2 temporary modular enclosures to house 4 dressing rooms to be provided by G E Capital, Inc. • The current board and glass system to be disposed of by Dobson once the remodel commences. • The Zamboni currently utilized at the Vail Golf Course outdoor natural rink. 4. Capital Outlays. The projected capital outlays for the project shall be to be allocated as follows: • Site prep • Required utility installation : 1) WATER: ; 2) FT F,CTRICITY: • CalMac, Inc. IceMat:' $67,000 delivered to site does not include installation. VJHA believes it has resources at its disposal to perform many of the site improvement and non-technical installation work gratis. • Cover-All, Inc. A brand new bubble would cost $300,000. However, systems similar to the Breckenridge outdoor facility may be available used at significant cost reduction. • G E Capital, Inc. modular locker rooms NOTE: Dressing space may be provided on the interior of the covering structure, thus eliminating this separate requirement and related costs. NOTE: Currently a complete used system including piping, compressor, Zamboni, and cover system - all with a 1 -year guarantee - is available for $200, 000. Lease to own options are also available for IceMat and Cover-All elements. 5. Operating Funding. VJHA proposes that the projected facility be managed and operated by the Vail Recreation District with user fees structured according to existing arrangements at Dobson, and that any operating deficit be covered by the Town of Vail recreation budget. UNDERLYING CONSIDERATIONS: 1. Temporary Structure. VJHA understands that several other opportunities for permanent facilities are currently in various stages of consideration, primary amongst them being the Lionshead Hubsite facility adjacent to Dobson. It is our assumption and expressed intention and desire that once one of these facilities is complete and used by VJHA that the structure in this proposal may be dismantled and hopefully used at a more convenient location or sold to another district. FURTHERMORE, VJHA also intends for the facility to be utilized seasonally to allow for alternate uses of the underlying site (e.g basketball, tennis, volleyball) as well as to hopefully mitigate the concerns of surrounding residents. 2. Portability. The refrigeration and integrated compressor system is inherently portable, and as such would be available for use by the Town or VRD at an alternate site should the Town and the District chose to keep the system. VJHA ICE RINK PROPOSAL TO TOWN OF VAIL TOWN COUNCIL EXHIBIT "A" ASSESSMENT OF PROPOSED S1I ES 1. LIONSHEAD PARKING STRUCTURE VJHA does not envision that a 200 ft X 120 ft structure plus a Zamboni storage pad may be erected here without significantly disrupting essential traffic ingress and egress, and as such does not consider this a viable alternative. H. BOOTH CREEK PARK Advantages: • Site size sufficient for structure after improvements • site partially leveled Disadvantages: • Lack of site parking (Vail Mountain School may accommodate) • Additional excavation required • Tree removal required • Water and Utility installation required III. DONOVAN PARK Advantages: • Site Size sufficient after completion of pending improvements • Adequate parking presumed to be available • Site location considered unobtrusive Disadvantages: • Site improvements dependent on bond approval • Completion date potentially too late IV. VAIL GOLF COURSE DRIVING RANGE Advantages: • Adequate existing facility • Existing Suitable site size • Site currently Suitably level/flat • Water in place • Electricity in place • Adequate existing parking • Existing dressing facility • Existing Zamboni storage • Existing Zamboni maintenance • Existing storage for IceMat Disadvantages: • None Identified r , MEMORANDUM TO: Town Council FROM: Community Development DATE: March 21, 2000 SUBJECT: A request for a worksession to discuss amendments to Title 12, Zoning with respect to Employee Housing Unit Standards, Minimum Lot Size Requirements in the Primary/Secondary and Two-Family Residential Zone Districts and Site Coverage Standards. Applicant: Town of Vail Planner: Dominic Mauriello 1. DESCRIPTION OF THE REQUEST On June 15, 1999 the Community Development Department presented to the Town Council some potential revisions to the Town Code having impact on the provision of employee housing in the Town's duplex zone districts, Two-Family Residential and Two-Family Primary/Secondary Residential. The Town Council gave staff the direction to move forward with the concepts presented. The PEC has reviewed the proposal at its August 23, 1999 and September 13, 1999 meetings. The PEC recommended several modifications to the proposal which have been incorporated into the proposal. The PEC recommended approval of the proposed changes with 2 minor modifications on September 27, 1999. The changes included allowing EHU's to be separated from the main structure if constructed in conjunction with garage and removal of the provision that would have required both owners of a duplex to sign the application for an EHU. Those changes are included in the proposed text. On October 5, 1999, the Town Council gave staff direction to move forward with the amendments after the new Town Council was seated. There was general acceptance by the Town Council of the proposed amendments given at that meeting. The Council also wanted to incorporate a requirement for an EHU on large lots. This can be easily incorporated, however, staff is very concerned about doing this without proper analysis showing a nexus between large homes and impacts on employee housing. The staff has discussed this with several professionals in the field and they believe that an extensive analysis of neighborhoods needs to occur to show that large homes are different than smaller homes with respect to employee . generation. Staff believes that while we may intuitively believe that large homes generate more employees, the courts will require evidence. We anticipate that this regulation will bring challenges. As part of the Vail Tomorrow and Common Ground processes the community stated that the Town needed to improve its incentives for private developers to create Employee Housing Units (EHUs). Staff has identified some areas of the Zoning Regulations that may need to be modified Page 1 of 6 *YA10 `,\VAIL\DATA\EVERYONE\COU\'CIL\,MEMOS\00\EHU 321.doe TOW 'v in order to. ensure that the Zoning Regulations are truly "promoting" employee housing rather than acting more as a disincentive. On October 5, 1999 the Town Council agreed that the following were disincentives to providing EHUs: • Requiring garage space for an EHU, where code does not require garage space for other dwelling units • Restricting the sale of a Type I and Type II EHU and requiring that it be a rental property • Taking away the right to do a "250" on older homes if an EHU GRFA credit is used • Not allowing enough site coverage to build the EHU on smaller lots • Counting Type III EHUs as an impact on density II. ROLES OF THE REVIEWING BOARDS Plannina and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact . on the general welfare of the community. Desian Review Board: Action: The DRB has NO review authority on code amendments. III. RECOMMENDATION Staff would like to bring an ordinance to the Town Council to codify the recommended changes. Provide staff with direction on these changes Page 2 of 6 \\VAIL\DATA\EVERYONE\COUNCIL\MEMOS\00\EHU 32Ldoc r VI. SUMMARY OF POTENTIAL ZONING TEXT CHANGES Chapter 13, Employee Housing 1. Deed Restrictions/Enforcement (see attachment pages 1-2) This proposal adds a provision requiring that EHUs be rented and not remain vacant for a period of 4 consecutive months. The existing compliance language is being removed so that violations of this chapter can be processed like any other zoning violation. The current compliance statement provides for "publication" of the violation with the Housing Authority. The proposed language will aid in the enforcement of EHUs by establishing that they must be rented and allowing the Town to cite the owner when they are not meeting these requirements. The current regulations are unclear as to the occupancy requirements. Additionally, the current reporting requirement provides that the owner provide a report of rental activity. This proposal requires a sworn affidavit from the owner. This will aid with the enforcement of EHUs. Language has been added to the purpose section allowing for the administrative creation of incentives and the development of the clearing house concept. Staff is currently developing plans for implementation of these concepts and will present these to the PEC at some point in the future. 2. Development Standards (see attachment page 3) This proposal includes a provision for detaching garages with EHUs on small lots at the direction of the PEC. A standard for occupancy has been added allowing no more than two persons per bedroom to occupy an EHU. - 3. Application Procedure (see attachment page 3) This section is proposed to be amended to allow existing dwelling units to be deed restricted administratively. Additionally, this section would allow legal nonconforming units to be deed restricted as long as they otherwise conform to the Uniform Building Code and can meet the Town's parking requirements. This will allow EHUs to be created without going through a lengthy review process and helps encourage the legalization of substandard dwelling units/lock-offs. Additionally, a provision has been added codifying the first come, first serve rule for Type 11 EHUs. The proposal also includes waiving the DRB fees for a project. Other fee waivers can be developed administratively to encourage the development of EHUs. 4. Changes by EHU Type (see attachment pages 5-7) A. Type I (2nd unit allowed on duplex lots less than 15,000 sq. ft.) • Allowed to be sold separately from main residence (currently, both units on lot must be deed restricted to allow sale) - • Allowed an additional 500 sq. ft. of GRFA (currently only allowed 250 sq. ft.) Page 3 of 6 \\VAIL\DATA\EVERYONE\COUNCIL\MEMOS\00\EHU 32Ldoc t • Units allowed to apply for 250s regardless of EHU presence • Site coverage increased 5% and landscape area reduced 5% for lots with an EHU • Removal of age limitations • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) • Addition of 75 sq. ft. storage space credit B. Type 11 (3rd unit allowed on duplex lots 15,000 sq. ft.) • Allowed as a conditional use (no change) • Maintain as a rental unit and not allow sale (no change) • Units allowed to apply for 250s regardless of EHU presence • Maximum size increased to 1,200 sq. ft. (currently 900 sq. ft. limit) • Removal of age limitations • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) • Addition of 75 sq. ft. storage space credit C. Type III (rental unit in multiple-family, residential cluster) • Not counted as GRFA per definition of GRFA (No change) • Parking simplified to meet Chapter 10 requirements • Modified to include Type IV EHUs (Type IV category being removed) • Min./Max. sq. ft. modified to allow 300 sq. ft. minimum and 1,200 sq. ft. maximum for dwelling unit or 500 sq. ft. maximum for a dormitory style building • Proposed to not count as density (currently count as 0.5 of a dwelling unit and Type IV as 0.333 of a dwelling unit) • Removal of age limitations • Additional change since PEC review removing limitation that if a Type 111 is sold it must be owner occupied D. Type IV (multiple family, dormitory) • Eliminated as a category but rolled into Type III • None exist today F. Type V (Hillside Residential - Spraddle Creek) • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) G. New Type IV (New Type for projects like Vail Commons and Red Sandstone) • Allowed on any existing dwelling unit in the town • EHUs must be sold separately (they are for sale units, not rental) Page 4 of 6 \\VAIL\DATA\FVERYONE\COUNCIL\MEMOS\00\EHU 321.doc Effect of Proposed Changes on GRFA, Site Coverage, and Landscape Area Current Regulations Proposed Regulations 14,000 sq. ft. lot 14,000 sq. ft. lot (dwelling unit plus Type I EHU) (dwelling unit plus Type I EHU) GRFA: 3,500 sq. ft. (base) 3,500 sq. ft. (base) +425 sq. ft. (primary credit) +425 sq. ft. (primary credit) +425 sq. ft. (EHU credit) +425 sq. ft. (EHU credit) +250 (EHU credit) +500 so. ft. (EHU credit) 4,600 sq. ft. 4,850 sq. ft. Site Coverage: 2,800 sq. ft. (max.) 2,800 sq. ft. +700 so. ft. (EHU credit) 3,500 sq. ft. (max.) Landscape Area: 8,400 sq. ft. (min.) 8,400 sq. ft. (min.) -700 so. ft. (EHU credit) 7,700 sq. ft. (min.) 5. Minimum Lot Size in the Primary/Secondary and Two-Family Residential Zone Districts (see attachment page 8) The minimum lot size requirement in the Primary/Secondary and Two-Family Residential Zone districts of 15,000 sq. ft. has an impact on the number of EHUs property owners are willing to develop and an impact on redevelopment and upgrading of these units. The 15,000 sq. ft. minimum lot size requirement dates back to 1973 with the first full- scale re-codification of the Zoning Code (the 1969 Zoning Code required only 10,000 sq. ft. lots). That minimum lot size was applicable to platting occurring mostly in the Vail Village and Vail Valley filings. When the West Vail areas (1986 - 87) and the East Vail (1974) areas were annexed, the Town's zoning was applied to lots platted in Eagle County without regard for the County's lot size requirements of the time. There are approximately 936 lots in the Town of Vail that are zoned Two-Family or Two- Family Primary/Secondary which are undeveloped, developed with a single-family home, or a two-family residence (i.e., this number does not include properties developed with multiple family projects). Of these 936 lots, staff estimates that 32% (300 lots) of these lots have lot sizes less than 15,000 sq. ft. Staff was not able to break down the number of lots by specific lot size. This ability will be available in the near future with the implementation of our geographic information system (GIS). The PEC and staff believe that by lowering the minimum lot size, even by 1,000 sq. ft., may encourage redevelopment of homes and the creation of Type II EHUs. The majority of lots of less than 15,000 sq. ft. are located in East and West Vail. These lots were annexed to the Town of Vail and applied zoning that did not reflect the plats that were recorded by Eagle County. These lots range from 9,000 sq. ft. to 15,000 sq. ft. The PEC and the staff believe that a change to the minimum lot size requirement of 15,000 sq. ft. might encourage redevelopment of older homes in Vail. The PEC felt that Page 5 of 6 \\VAIL\DATA\EVERYONE\COIJNCIL\MEMOS\00\EHU 32Ldoc U lowering the minimum lot size to 14,000 sq. ft. might be a good idea to test the concept and that lowering the limit might encourage redevelopment. The proposal includes having a provision that any new subdivisions would continue to have a minimum lot size of 15,000 sq. ft. and that any existing deed restricted employee housing units would have to be maintained and not eliminated. 6. Incentives developed administratively The PEC has recommended that continuing incentives be developed in order to encourage appropriate use of EHUs in Town (i.e., annual ski pass). Also recommended is that these incentives only apply to newer rental EHUs with the current deed restriction. Therefore, if an owner with an older deed restriction would like to take advantage of any new incentives that might be developed, they would have to update the deed restriction. Staff is proposing that incentives be developed administratively and with Town Council approval and not be codified, as they may need to change from time to time. Page 6 of 6 \\VAIL\DATA\EVERYONE\COUNCIL\MEMOS\00\EHU 321.doc CHAPTER 13 EMPLOYEE HOUSING SECTION: 12-13-1: Purpose 12-13-2: Applicability 12-13-3: General Requirements 12-13-4: Requirements by Employee Housing Unit (EHU) Type 12-13-1: Purpose. The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town may pursue additional incentives administratively to encourage the development of emolovee housina units. These incentives may include. but are not limited to. cash vouchers, fee waivers. tax abatement and in kind services to owners and creators of emolovee housina units. The Town of Vail or the Town's desianee may maintain a reaistrv and create lists of all deed restricted housina units created in the Town to assist emolovers and those seekina housina. 12-13-2: Applicability. A. Chapter Provisions In Addition: The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHU) are permitted by this Chapter and all other requirements of this Code. B. . Controlling Provision: Where the provisions or requirements of this Chapter conflict with the provisions or requirements set forth in any zone district or any other requirements of this Code, the provisions of this Chapter shall control. 12-13-3: General Requirements. This section provides general requirements which are applicable to EHUs. A. Deed Restriction, Occupancy Limitations, Reporting Requirements Type I, ll, III, and V. 1. No employee housing unit which is e3r.struG3 ed in cue aRee iz# aoverned by this Chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. 2. For EHUs which are leased, they shall only be leased to and occupied by tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Chapter, a full-time employee is one who works an average of a minimum of thirty (30) hours each week. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar 1 n properties in the Town. An EHU shall be continuously rented and shall not remain vacant for a period to exceed 4 consecutive months. The TOWR will detarmina--t#^ mark-_t .raie based +h~ ctudy-ef otherr snits cfc-empaFabls £;ze, 19Gati()R, quality-apd ~ T..E!`ri+lE i throughout the Town. T" e maFkat rato chall hs bacad-en ar av,- g of c :erlcl ra!es of-sa~r~nr." crablc ::-n!ts. -I-f-t#a :snit is nat-~teG and is not av ilabl -af *..-c rrrcrket rat_.-,4tL-9 determined to be in ro. etheFpeaalti3c anc43E+,,;s#ons p~re~rida rTed here.n, a unit found to be RGRG~mpliansa &zll be Ejbeet-t3 PUhliGatien as rye+ertnir'ed by the Hcucing Autherity. 3. For an EHU which can be sold separately, the EHU must be used by the owner of the EHU as a permanent residence, except for Tvpe III Emplovee Housina Units, which may be occupied by anv person meetina the employment reauirements contained herein. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax pur- poses, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. 4. No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective date of this Chapter shall submit two (2) copies of a FepeFt a sworn affidavit on a.form to be obtained from the Community Development Department, to the Community Development Department of the Tev~n ar.~ Cht an setting forth evidence establishing that the employee housing unit has been rented or owner occupied throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time' employee in Eagle County. 5. The provisions set forth in this subsection (A) shall be incorporated into a written agreement in a form approved by the Town Attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town. Said agreement shall be recorded at the County Clerk and Recorder office prior to the issuance of a building permit for the construction of an EHU. B. Deed Restriction, Occupancy Limitations, Reporting Requirements Type IV. All Type IV Employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Town Manager and Town Attorney. 2 J C. Development Standards. 1. No property containing an EHU shall exceed the maximum GRFA permitted in Title 12 except as specifically provided in herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall be screened by landscaping or berms as per Chapter 12- 11, Design Review. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (whether located in a required setback or not), previded the gaFage is Rot located ithin any-setha k provided that no existing parking required by the Town Municipal Code is reduced or eliminated. A Tvpe I EHU which has 500 sa. ft. or less of GRFA. may be considered for ohvsical separation from the primarv unit, if it is constructed in coniunction with a two car aaraae and is otherwise compatible with the surroundina properties, does not have an adverse impact on veaetation, and does not dominate the street. The Desian Review Board shall review such reauests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancv of an of an emolovee housina unit shall be limited to the maximum of two persons per bedroom. D. Application Requirements. 1. Applicants for a conditional use permit for the purpose of constructing employee housing shall not be required to pay a conditional use permit application fee or Design Review application fee. 2. EHU applications requiring a conditional use permit are subject to review and approval by the Planning and Environmental Commission as provided for in Chapter 12-16, Conditional Use Permits. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Community Development Department subject to a Design Review Application. 4. Applications for a Tvpe II emolovee housina unit which utilizes a GRFA credit of greater than 250 sa. ft. will be processed on a first come first served basis. 5. Anv existina leaal non-conformina dwellina unit in the Town of Vail may be converted to an EHU administratively by the Town without obtaining a conditional use permit. Dwellina units and lock-off units which exist as of the date of this ordinance but which are nonconformina with respect to densitv and GRFA may be converted to a conformina EHU administrativelv by the Town, as Iona as thev e otherwise comniv with the development standards and oarkina requirements found herein and comply with the Building Code requirements of the Town of Vail. Upon beina converted to an EHU per this section, such dwellina units shall be considered leaallv conformina EHUs. E. Enforcement Provisions. All emplovee housina units aoverned by this title shall be operated and maintained in accordance wit this title. Failure to do may result in enforcement oroceedinas in a court of competent iurisdiction and in accordance with Chapter 3 of the Title. 4 12-13-4: EHU Requirements by Type. EHU Zoning districts Ownership/ Additional GRFA/Site Additional Site Coverage Garage Parking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Credit/Storage Maximum by conditional use Requirement GRFA of an EHU Type I Permitted Use- The EHU may be GRFA: Site Coveraae Allowed 300 sq. h. of Per Chapter 12- Per Zone District. Counts as Primary/Secondary sold or The EHU is entitled to an The site is entitled to an garage area per 10 as a dwelling 2nd unit on Residential, transferred as additional 500 sq. h. GRF= additional 5% of site coveraae enclosed vehicle unit. property. Two-Family Residential separate unit on for EHU space at a maximum eFed I. if the _F-W1_1 (all with lots less than the orooerty. ~ of 2 parking spaces 15,000 sq. ft.) Landscaoe Area- (600 sq. H.). (Previously Sestis^ 1.2 ' F F 31 !he The site is entitled to a re wired deed Rr- reduction of landscape area by q 5% (reduced to 55% of site, All units not restriction on both areal for EHU constructed with a units to allow sale) oaraae shall be required a minimum 75 sm h. of storaae area in addition to normal closet space. This 75 so. ft. shall be a credit for storaoe_ only. Type II Conditional Use The EHU shall not The EHU is entitled to an N/A Allowed 300 sq. h. of 4-pa°!:!-g spasa 300 sq, h. min. Allowed as Single-Familv be sold or additional 500 sq. ft. GRFA additional garage area . . 1.200 so. ft. 3rd unit on Residential Two-Familv transferred credit. ifappreved, 4he site for the EHU. =f1U max. property. Residential separately from e)(seed6 600 rEl Does not Primary/Secondary the unit it is ft. ef6~ count as associated with. SARI iea}'.2 1€ € 31 the All units not Residential. Agriculture i4 FeEiWiFe6 2 density. & Open SpaceegE+latier~=. If 2€3 constructed with a padiiRg Gpase6-. V oaraae shall be heR 250 6q. required a minimum per Chanter 12- tt feFn ~r _ n:~able uRde~ area 75 area so. in ft. of addition storaoe 10 as a dwelling Seetian '2 1 F F 1o unit. normal closet space This 75 so. ft. shall be a credit for storaoe only. 5 gqddl1'tion I Site Covet•ege EHU Zoning districts Ownership/ Additional GRFA/Site /Reducet~ Landscape Atea Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage Maximum by conditional use GRFA of an EHU Type III Permitted Use: The EHU may be Per Section 12-15-3 of the N/A N/A parking spase A. Dwellinq Not counted Lionshead Mixed Use 1 sold or transferred Town Code, Type I I I perbedreeFR7 unit as density. separately. Employee Housing Units UWSas c:u format. Lionshead Mixed Use 2 are excluded from the exceeds 699-sq- calculation of GRFA. 300 so. ft. min. Conditional Use: 14 -Fegdirefr2 1.200 so. ft. Residential Cluster €sr'Jng spaces- max. Low Density Multiple- Per Chapter 12- B. Dormitory Family Medium Density 10ieweveF;-ae format Multiple Family less ~ 200 sq. ft. min. Family spages 500 sa. ft. max. High Density Multiple- Family- Public Accommodation Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Ski Base/Recreation Type IV WA NA 1 ra,1:449 oP-oe 299 sq. A. Fin. A 333 e€a said er tra: ffeRed peg [iHU. 300 6q. A.-taax: D_ 6epaFalely. west parking to afRily be-de1eFFaiRe443y AAediHm DeR-ity 4ie PRQ # gh Beas+ty Malt+ple- F-aR3ily tie. SeRte~ AFF_r;:~ EEtsiRess PaFWRg Bi614M Gencraf 'Jae 8k; Base/Reffea4k)R 6 EHU Zoning districts Ownership/ Additional GRFA/Site Additional Site Coverage Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Maximum by conditional use GRFA of an EHU Type V Permitted Use; The EHU shall not The EHU is not entitled to N/A The EHU is not Per Chapter 12- 1.200 sq. ft. max. Counts as Hillside Residential be sold or additional GRFA. entitled to additional 10 as a dwelling 2nd unit on transferred garage area credit. unit. property. separately from the unit it is 8946 of rege+red associated with. pad~ffing Fny8t f36 eR6I66ed. Tvoe IV Anv dwelling unit The EHU may Shall be determined by NSA Shall be determined Per Chanter 12- Shall be Shall be may be designated oniv be sold or zoning on nronerty. by zonina on, 10 as a dwellinq determined by determined and deed restricted transferred nronerty; unit. zonina on by zoning as a Tvne IV separately; property. on nronerty. Emolovee Housina Unit. unless alreadv desianated as an emnlovee housinq unit. 7 Code changes to Two-Family Residential and Primary/Secondary Residential 12-6C-8 and 12-613-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fig eeR thO ' (1 fourteen thousand (14,000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site..,- a. Twenty five (25) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus b. Ten (10) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30,000) square feet of site area; plus c. Five (5) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 2. In addition to the above, four hundred twenty five (425) square feet of gross residential floor area (GRFA) shall be permitted for each allowable dwelling unit. 3. dnntial lat ~exeep; chase loGat~ontir~, in the red hazard ",°I e LerG, o; the plain, 7T th Shese ei Icss than f tteen thcrwn`~ (1a-~ vim) E;qu :r_,,- ezt chill be so Festrinted thsat it nanr RRE)trbe a Type Iornpl9yee hni icing Y R4 (EHI ) 86GLAp12d by a g. r19twithstaRding the fnregninge l f"" ~ h' by may be alle lAetts ch are4ocs than fifteon thc.--Jagd (15 000) sq:Aare-#eo: in usGerdaRGevv+t# centinn i 7_13 4 of this Ti!4e-. C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this Section, a Type I employee housing unit shall be permitted on lots of less than #+#teon tho-_,' .:ad (15,099) fourteen. thousand (14,000) square feet in accordance with the provisions of Section 12-13-4 of this Title. F:\EVERYONE\DOM\EHU-HOUS\EHUCODE7.DOC 9 To: Vail Town Council & Vail Recreation District Board From: Russ Forrest Piet Pieters Dominic Mauriello Date: March 21, 2000 Subject Community Facility Program Update 1. PURPOSE: The purpose of this memo is to verify the input staff received on the Hub Site and Donovan Park at the March 14th worksession regarding the community facilities program. It is critical that staff has a clear understanding of the program elements that should be further pursued in the community facilities program. 2. HUB SITE DIRECTION The next step in the hub site process is to develop 3 alternative designs for the uses that will be considered further. On March 30th the design team will present their preliminary work on alternative designs. On March 14th a joint worksession of the Vail Town Council and the Vail Recreation District was held and staff received the following input on uses to further explore on the Lionshead hub site: • Design a multi use learning/meeting "unconventional" facility that would have: a 20,000 square feet meeting space, break out rooms, and a computer center. This facility would provide a new focal point for learning and education in Vail while providing much needed space for events and large meetings. It is envisioned that major national or international forums could be held in this space as well as community event. • Evaluate as one alternative how the learning/meeting facility could also be converted into a performing arts facility. • Develop design alternatives for a 2nd sheet of ice. • Develop design alternatives for the family recreation uses (teen center, Skate Park (inside or outside), climbing wall, arcade, 4-lane bowling alley). • Housing: Staff is assuming that housing is still a component of the design program given the input staff received from Council on the housing program. • Design should accommodate an additional plate(s) of parking. Funding Uses on the Hub Site Staff would propose that a public vote only be pursued if significant private funding can be secured. The issue was raised of how to fund the hub site uses at the March 14th meeting. The working assumption that has been discussed since the beginning of this project in February of 1999 is that private funding would be pursued. Planning is occurring on how to initiate a private fund raising campaign. In addition, a corporate fund raising company has been under contract to develop corporate sponsorship opportunities. Private funding for these facilities is critical and possible. Universities and communities around the Country have increasingly been successful in developing public private partnerships to fund public facilities. Examples of these facilities are in Vail Valley (e.g. Vilar Center, Remodel of the Ford Amphitheater, Children's area in the Vail Library) and numerous examples exist in larger metropolitan areas (e.g. Pepsi Center, Ritchie Center). 3. DONOVAN PARK FACILITIES The Donovan Park process is transitioning into the development of the actual master plan based on the input from the Town Council, Vail Recreation District Board, and the public. On March 14th a joint worksession of the Vail Town Council and the Vail Recreation District was held_ and staff received the following input on uses to incorporate into the plan. The following uses will go into the draft master plan: • Park and playground • Recreation Field • Outdoor basketball court • Pavilion • Multipurpose Recreation and gymnastics facility • Children's CenterNouth Camp The draft master plan will come back to Council within the next four to five weeks for your review. \\VAIL\DATA\EVERYONE\COU NC I L\MEMOS\00\Com315.doc MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: March 17, 2000 SUBJECT: Town Manager's Report FISCAL YEAR 1999 AUDIT We are completing the audit for the Fiscal Year 1999. This audit is being conducted by McMahan and Associates, LLC., and should be complete early next week. At this point we anticipate a presentation on the audit by Mr. McMahan sometime in May. DOWD JUCTION BIKE PATH DEER STUDY We have received the results of our deer study conducted last spring. The recommendation of the study is to provide screening of the path from where the deer cross. The path will be open during the spring migration. The path will be monitored next year. If the screening continues to show positive results, permanent screening will be put in place. All these recommendations will need concurrence with the Colorado Department of Wildlife. TOWN MANAGERS SCHEDULE I will be taking a week vacation beginning tomorrow, March 18, and will be back in the office Friday, March 24. I will be checking voice mail messages on a daily basis a couple times a day. If you need anything, Beth will know how to get a hold of me. During my absence, Pam Brandmeyer will be functioning as the Acting Town Manager. UPCOMING ITEMS 03/28/00 WS - 2:00 P.M. DRB/PEC Report TOV Employee Housing Administration/HR Orientation 0 Position Discussion Parking Management - Short Term/Long Term 6 Critical Strategies A+ 04/04/00 WS - 2:00 P.M. DRB/PEC Report Voluntary Smoking Compliance Seasonal Housing Opportunities Executive Session/Compensation Adjustments VVTCB - Discussion of Reservation/Information Services 04/04/00 TC - 7:00 P.M. White River National Forest Service Plan Amendments Review Alternative Plans-Hubsite with VRD Joint Discussion Vail Village Plaza Hotel - I' reading of Ordinance No. 4, Series 2000 Vail Community Chamber - Present Web Site Seasonal Housing Opportunity 04/11/00 WS - 2:00 P.M. DRB Report Solid Waste Discussion Joint Week Session Town Council/Upper Eagle Regional Water Authority Frank Johnson-Summer Marketing Presentation Administration /HR - Council Orientation Walk Through 04/18/00 WS - 2:00 P.M. Hub Site Community Facilities Resource Center Fund Request 04/18/00 TC - 7:00 P.M. Public Hearing on Hub Site Preferred Alternative Announcement of Recipients for Youth Recognition Ambassador Awards 2nd Reading of Vail Village Plaza Hotel 1" Reading of Supplemental Appropriation 2"d Reading of Repealing SDD#30 (VAC) 04/25/00 WS - 2:00 P.M. Donovan Park Project Water Quality VRD Joint Work Session on Community Facilities Hub Site MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: March 17, 2000 SUBJECT: Town Manager's Report FISCAL YEAR 1999 AUDIT We are completing the audit for the Fiscal Year 1999. This audit is being conducted by McMahan and Associates, LLC., and should be complete early next week. At this point we anticipate a presentation on the audit by Mr. McMahan sometime in May. DOWD JUCTION BIKE PATH DEER STUDY We have received the results of our deer study conducted last spring. The recommendation of the study is to provide screening of the path from where the deer cross. The path will be open during the spring migration. The path will be monitored next year. If the screening continues to show positive results, permanent screening will be put in place. All these recommendations will need concurrence with the Colorado Department of Wildlife. TOWN MANAGERS SCHEDULE I will be taking a week vacation beginning tomorrow, March 18, and will be back in the office Friday, March 24. 1 will be checking voice mail messages on a daily basis a couple times a day. If you need anything, Beth will know how to get a hold of me. During my absence, Pam Brandmeyer will be functioning as the Acting Town Manager. UPCOMING ITEMS 03/28/00 WS - 2:00 P.M. DRB/PEC Report TOV Employee Housing Administration/HR Orientation 0 Position Discussion Parking Management - Short Tenn/Long Term 6 Critical Strategies 04/04/00 WS - 2:00 P.M. DRB/PEC Report Voluntary Smoking Compliance Seasonal Housing Opportunities Executive Session/Compensation Adjustments VVTCB - Discussion of Reservation/Information Services 04/04/00 TC - 7:00 P.M. White River National Forest Service Plan Amendments Review Alternative Plans-Hubsite with VRD Joint Discussion Vail Village Plaza Hotel - V reading of Ordinance No. 4, Series 2000 Vail Community Chamber - Present Web Site Seasonal Housing Opportunity 04/11/00 WS - 2:00 P.M. DRB Report Solid Waste Discussion Joint Week Session Town Council/Upper Eagle Regional Water Authority Frank Johnson-Summer Marketing Presentation Administration /HR - Council Orientation Walk Through 04/18/00 WS - 2:00 P.M. Hub Site Community Facilities Resource Center Fund Request 04/18/00 TC - 7:00 P.M. Public Hearing on Hub Site Preferred Alternative Announcement of Recipients for Youth Recognition Ambassador Awards 2"d Reading of Vail Village Plaza Hotel 1 S` Reading of Supplemental Appropriation 2nd Reading of Repealing SDD#30 (VAC) 04/25/00 WS - 2:00 P.M. Donovan Park Project Water Quality VRD Joint Work Session on Community Facilities Hub Site , ~ 3.0?1.6G ~~xc.~ ~ xCG,tt~ WHA SITE FEASIBILITY ASSESSMENT: See Attached Exhibit "A " ACTION REQUEST: VJHA requests that the Vail Town Council bypass staff review and pass a resolution prior to June 1, 2000 (so that materials ordering lead times and installation time frames may be accommodated) approving this proposal to include the following elements: 1. The identification of a site suitable to support the new facility and its related dressing room and parking requirements. 2. The allocation of Town of Vail funds to purchase and construct to completion all capital improvements required for a functional facility. 3. Donation of the existing board and glass elements to be disposed at Dobson Ice Arena. G U1 A Nmboni le.,b 4. Donation of existing currently serving Vail Golf Course driving range rink. bU19u~ b4 UU 5. The allocation of Town of Vail Funds for operational expenses not recouped from user fees. Respectfully Submitted, Vail Junior Hockey Association Glenn Davis, President VJHA Board of Directors 341- 60 VJHA RINK PROPOSAL YOUTH HOCKEY USER ESTIMATE FOR 2000-2001 SEASON 1. VJHA 205 participants 28 Vail Residents Mini-Mites (2 teams) 35 Mites (3 teams) 45 Squirts (3 teams) 45 Peewee (1 team) 20 Bantam (Iteam) 20 Midgets (2 teams) 40 (12 teams total) 2. VGH (Girls) (3 teams) 45 partici[pants 3. Triple A (2 teams) 40 particpants 4. WECMRD Rec Program 110 participants TOTAL: 400 Participants VJHA/VGH recommended PRACTICE ice time to accommodate adequate practices for all teams PLUS 1 hour for goaltenders, 1 hour developmental players: 22 - 24 hours Triple A PRACTICE requirements (2 teams 4 days/week at 1 '/2 hour sessions): 12 hours TOTAL REQUIRED HOURS: 34 YOUTH HOCKEY USE ONLY Current Available Hours 7 hrs/ day for 4.5 days: 31.5 hours VJHA RINK PROPOSAL CAPITAL COSTS EXCLUSIVE OF EXCAVATION, UTILITIES, LIGHTING, RESTROOMS 1. Cover-All Tent: $320,000 220 ft X 120 ft Anchoring Steel Supports Fabric Cover Size sufficient to house interior dressing spaces 2. Used System: $200,000 INCLUDES: 1-Year Guarantee for Portable IceMat Compressor Boards Glass Zamboni 3 dd• 00 V*4PL # I Q °e TO _ = _ Fw _ Clothing, Shoes, Etc for Men $c Women ast !I E-VERY;I'%H N French Connection, Urban Outfitters, Billabong, Mavi, Levi, Simple, Doc Marten, city tees, Liz Palacios....... and more Come in and register for your chance to win: ; 10 free dinners from Lakota Chops & Hops 2 Free $100 massages from Nicole Muirhead 1 5150 Telescope from The Camera Shop gg X J i 1 Color TV Lodging for 1 week at a private beach front residence in MEXICO! (restrictions apply) CHECK IT OUT AT- www turtlebeachmex.com!! • LOCATED ACRO55 FROM PAZZO'S, UPSTAIRS • 143 E. MEADOW DR. VA I L • 476-5550 ' ~ I OPEN DAILY 11-8 • ~j I Er " ~ 3 s= 3 H ff Is CLOSING it's Village Location Only e I e lzu :1. wudm J. 4:4 111) SALOMON' 01 SS S.10f\ , NEVER aJ 1 ( ~ RSQUARE r O U I EfJWE EAR B fl Discounts & Store Closing at our Vail Village Location Only 8am-8pm Daily 476-3839 ':IIJ~ii6 kwlil.YUl illk . tort. ~i1Ni..ilk..,.i:..Eld.:~.JI:L~Ih~14.i1L I.iIJ IEuI:t 6l icnlll.LwI~IJIdLIBLS1Gc~i.iida.4.I.i ulia,..Y..wrltli i,di:,ib.J,nIE.W Idi4iil Y.~.~,Jdllit.6lit l~Nil'y.u'..6l JfliOlJl[Ili[]id3euII.CIIE L'I:I lil.l lllGt fell Y. IYCCiCI1.liIJ.i..IL 11JW1Y IILk Ii1.1YLEIL.I:..afl..~, luliY.~4,I~4. nt. 11.Y11~.u iL IfYH~iL¢.II ~.I u.ll~~IY i,Oi Yi lii .ib 6:1.1 it i.l ill ilJ3"?. Tel 't ZI BASE MOUN-1AIN ;i1jS P O R T S VILLA6E INN PLAZA STORE ONLY 0 • I~ I III ' ~IIII' il'II' loft SMITH OBE RMEYER ® M PA WHY Ski rear kon Itq Hurl d lAe WouNains. AlFen Colorado - S ° ° T sea SAL©MON Discounts and store closing are our Village Inn Plaza Location Only! 8am-8pm Daily 4176-41515 MIL I' 11614.1d b.l.11Il .iiU41:17111.1ellli.LiWi.ll.riwl6i.lte.~IiiiYllll.JYYiliiilillkB UAWA,6.Clll.: IUiYlifll.lib.i'lAk19I :al6'.IhfI lliklhw.i..silil.GWRi.II lld.ilbylliill1141iila lU1llb.liidLi~I1W I.. 111 Ii 16,I III.III II j. I IJIII%.Ili'dU-1.L'JAam".[I.:i+L31111O:lllilali~~{Ifili~Itl~Ila1kill 11I. JAI I A1 11'.:I 111 i III, 6'.L AN iLldn III IILIIi Ili ilk INI 111 A , %h A. jzo- MOUNTA1 BASICS 1w v F for nse u¦tal¦ 11x1 n 5 ® 1 I~ 1 II The Deals As T- ck G- 'he Sto e s See erl v ke an March 17 -March 23 TAddri ticket prllce- ° uurluw M arch 24 - April 1 A TdfflddCl OFF 4~ ticket price., P~i BRZKO _ P,A~,y ~i~ ```111 y s I MOUNTAI BASICS I I f o r m o u n t a i n g i v i n g ji. I I i I III i IY I 1 ill i f March 17, 2000 THE TIMI . I V Growth in Avon: The quiet before the storm von has been comparatively quiet on getting between Beaver Creek and Vail. development partner and, more than likely, the development front for the last, Convenience is a big deal. some new development plans. That land couple of years. FROM The gondola linking the Beav' and Avon already has been annexed into the town. Prior to that, it was a very busy place with WHERE will have a major impact on Avon's property What will the most obvious impact of al buildings leaping skyward at every turn. ' SST prices, traffic and its future as a service town. this new growth be on Avon? Traffic will t Since last year, one major project, Chapel It may force the transition from service town one of the most visible things. It will be U, Square, and a couple smaller ones have been to resort. Yogi Berra's famous quip about a favorite under way, as one of the quieter building ' e r1 But the largest project Avon has ever eatery: "The place is so crowded, nobody seasons was experienced here. CLIFF s> seen, and is likely ever to see, is the Village goes there anymore." Avon also will get All that is about to dramatically change. THOMPSON at Avon. It will transform what used to be an another access to Interstate 70, if current One huge project, the 2,400-unit Village at 1,800-acre ranch north and east of town into plans are followed. Avon, and one large project, the 300-or-so- what essentially will be a new town with The combined impact of these new pro- unit Confluence at Avon, complete with a some 2,400 dwelling units and nearly jects. and existing projects will make Avon gondola, will hit the town's review schedules 700,000 square feet of commercial space. It what it has always been envisioned as: the this spring. Dirt may actually fly on portions park perched on the border of Avon, will will take up the vacant 130 acres of land just commercial core of the Valley. While of projects before the snow flies. become pretty high-end river- and lift-side east of City Market and Chapel Square, Edwards has zoomed ahead of Avon and Both will have an enormous impact on residential and commercial property. which used to be the local short takeoff and seen huge growth, Avon will soon surpass what Avon is and what it isn't. The Avon we It also happens to be located next to the landing airport, and an additional 1,500 acres . in sheer size and complexity. know, and love or hate, will be long gone. site envisioned as a depot for a commuter or so on the slopes north of Interstate 70 1 hope the Avon Council has enjoyed it The smaller project may have the quickest rail from the county airport to Vail. The overlooking Eagle-Vail.. recent vacation because it now will begin i impact, while the larger project will have the.. property may become some of the most cov- After,a hiatus in'what.was some very con-. really earn its paychecks. The issues it wil ii biggest, most sustained lmoact The Conflu=s. : eted. in fhe Valley; for its convenience in trav-;: tentious. action three years or so ago; the pro=. deal with will be complex; and it will not I ence;:which;was aTow end; mobile home el;:proxtmtty:ao'Avon's;core and,the ease in.,.,`,,;.ject will again move forward.with.a:new..- i.. -'r. easy. W5 3.44 UAM TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 ~.F 970-479-2105/Fax 970-479-2157 TM April 7, 1999 Mr. Bill Wood Eagle Ranger District Post Office Box 720 Eagle, CO 81631 Dear Bill: After reviewing your plan for a control burn in Unit #3 with Chief Dick Duran and his staff, we are comfortable in granting permission to include the 17 acres within the Town of Vail as part of this project. It is my understanding that ali property owners will be informed prior to the date planned for the control burn. The parking area of Ford Park would be the most appropriate site for a viewing area as it will deter people from stopping on the Interstate and the Frontage Road. Chief Duran has also informed me that Unit #6 is planned for the following year. This unit involves 36 acres that are within the Town of Vail. We are concerned that Unit #6 not create a threat to any of the structures to the east of the property. Chief Duran and Phil Bowden have visited this site and fell this can be safely accomplished. However, when the time comes to move forward with the Unit #6 burn, I would like the U.S. Forest Service to visit with our Council prior to our authorization. Sincerely, o W. McLaurin Town Manager RWM/aw xc Vail Town Council Dick Duran, Fire Chief Philip W. Bowden, White River National Forest t ® RECYCLEUPAPER ?1 211 3o 1 411 5F11 6LJ A B C 5 1 , d oil, Iwo 111 0 private Land L_tgBd GOTH CREEK PRESCRIBED BURN MMA Boundary B - Broadcast Burn Unit Boundary pb 3!1999 - - CuUPile!Burn Unit Boundary I BOOTH CREEK PRESCRIBED BURN Forest Supervisor Martha Ketelle ORGANIZATION Hand Ignition - Complexity Level 1 Prescribed Fire Manager I Taal Ne,Rdec Pery,onn-,l qD RXM1 t-`> Burn Boss RXB1 (1) Holding Specialist Ignition Specialist Fire Information Prescribed Fire DIVS (1) Officer IOF1/2/3 Behavior Analyst Safety Officer RX11 (1) (1) RXFA (1) SOF1/2 (1) Asst. Fire Law Enforcement structure Protection Smoke Monitors Ignition Crew Information Officer Officers -Arike Team l_.eader FFT1lFFT2 (1) IOF1/2/3 (2) USFS LEO (1) Vail PD (2) s rFwra (1) (7+) Other Holy Cross Prescribed Fire Sign Crews Personnel Monitors (as needed) RXFM (1) (2) I i I ype l?(3 Engnnr: Type 5/6 E_rngine iype 5t6 Engine 7 ype 5/6 Engine Holding Squad #1 kr'c) F ENGB (1) ENGB (1) ENGB (1) ENGB (1) FFT1 (1) FFT1/FFT2 (2) FFT1/FFT2 (2) FFT1/FFT2 (2) FFT1/FFT2 (2) FFT1/FFT2 (4) I III i 3 ~ t' 00 Uk4t* AMENDED ORDINANCE NO. 5 SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 13-7, TOWN OF VAIL CODE, TO ALLOW FOR THE CONVERSION OF ACCOMMODATION UNITS INTO CONDOMINIUMIZED EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council has long identified a need for affordable local employee housing; and WHEREAS, the Vail Town Council held multiple public hearings for discussion of this topic in accordance with the provisions of Section 12-3-6, Town of Vail Code; and WHEREAS, the Town of Vail Planning and Environmental Commission unanimously voted to recommend approval of this amendment at its public hearing held February 14, 2000; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to amend said Sections of the Town of Vail Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Section 7, of the Town of Vail Code is hereby amended to read as follows: (Note: Added text is shown in bold and underlined type; deleted text is shown in s#riskea type) SECTION: 13-7-1: Purpose 13-7-2: Definitions 13-7-3: Preliminary Map 13-7-4: Final Map 13-7-5: Review Procedure 13-7-6: Additional Requirements For Condominium Conversions to EmDlovee Housina Units 13-7-7: Condominium Conversion Of Lodge Or Accommodation Units 13-7-8: Restrictions on Units Converted Prior to Februarv 7. 1995 13-7-9: Action On Preliminary Map 13 ?-a. Prslir~ncry PubliG RepG# 13-7-10: Final Map; Certification And Approval 4-3-4' 11: c"d+v+s+en P u"l i s-Repert 13-7-11: Improvement Security 13-7-12: Exemptions 13-7-13: Applicability 13-7-14: Filing And Recording 13-7-15 Enforcement 13-7-1: PURPOSE: This Chapter has been adopted in accordance with the provision of the Local Government Land Use Control Enabling Act of 1974, as found in Colorado Revised Statutes section 29-20-101 et seq., as more particularly spelled out in Colorado Revised Statutes section 29-20-104, to regulate condominium developments which may result in significant changes in the population of the Town and to control the impact thereof on the Town and the surrounding areas. The Town finds that this Chapter is necessary for Ordinance 5, Series of 2000 1 AMENDED the protection of the public health, safety and welfare to accomplish the following purposes: A. To ensure the performance of maintenance responsibilities in condominiums and converted condominiums, and to promote the public health, safety and welfare. B. To ensure that rental units being converted to condominiums meet reasonable physical standards as required by subdivision and building codes adopted by the Town. C. To protect from unnecessary eviction the residents of rental units being converted to condominiums, and to assist these residents in meeting their future housing needs. D. To preserve a reasonable balance in the owned versus rental housing mix and to maintain the supply of low to moderate income units available in the Town. E. To monitor the supply of low to moderate income units so that the Town may take measures to avoid a worsening housing crisis. F. To ensure the rental pool of accommodation units is not depleted by the conversion of lodges and accommodation units to condominiums. (Ord. 1(1995) § 1: Ord. 2(1983) § 1) 13-7-2: DEFINITIONS: The following definitions shall apply to the interpretation of this Chapter: BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this Chapter for condominium units. CONDOMINIUM CONVERSION: The development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. It shall not be permitted to convert existing lodges or accommodation units to a condominium project. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unit. DECLARATION: An instrument recorded pursuant to the statutes of the State and which defines the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. EMPLOYEE HOUSING UNIT: Shall be defined in accordance with Section 12-2-2. Town of Vail Code. INDIVIDUAL AIR SPACE UNIT: Consists of any enclosed room or rooms occupying all Ordinance 5, Series of 2000 2 AMENDED or part of a floor or floors of a building of one or more floors to be used for residential, professional, commercial or industrial purposes, which has access to a public street. MODERATE INCOME: Shall be as defined from time to time by the Council. (Ord. 1(1995) § 2: Ord. 2(1983) § 1) 0. 13-7-3: PRELIMINARY MAP: All proposed condominium projects shall submit the preliminary map, containing the information and requirements specified in Chapter 3 of this Title, as may be applicable to the proposed condominium project. In addition to that information, the preliminary map for the condominium project shall include: A. A map showing all common areas and usages of the building and grounds, and plans for the interior division of the building showing horizontal and vertical boundaries of all units. B. A copy of the declaration applicable to the condominium project. C. A copy of the bylaws. The bylaws shall contain the information required by the Condominium Ownership Act of the State of Colorado9. All condominium projects shall comply with this requirement. (Ord. 2(1983) § 1) 13-7-4: FINAL MAP: The final map for the condominium project shall contain all information required by Chapter 3 of this Title as the same may be applicable to the condominium project. In addition, if there are any restrictive covenants, conditions or restrictions other than specified in the declaration, they shall be filed concurrently with the final map. (Ord. 2(1983) § 1) 13-7-5: REVIEW PROCEDURE: The review procedure for condominium projects and condominium conversions shall be in accordance with the procedures for subdivisions as specified in this Title. There shall not be permitted any conversion of existing lodges or accommodation units to condominiums'! 0. (Ord. 1(1995) § 3: Ord. 2(1983) § 1) 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Town Building Official on the condition of the building, listing all Building Code violations, Fire Code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners, and the occupants of the building. The applicant shall have available and shall provide copies of this report to all prospective purchasers of condominium units or interest in the condominium project. B. Required Information: A report of the proposed conversion, including the following information: Ordinance 5, Series of 2000 3 AMENDED 1. Length of occupancy of present tenants. 2. The household composition of present tenants. 3. Current rental rates; whether rents include or exclude utilities; date and the amount of last rental increase. 4. A summary of the proposed ownership of the units, if-the ::nits w e-seld os tir.;e chare-sr ir.t9P,4-ewRerships:1 the approximate proposed sale price of units and financing arrangements to be provided by the applicant. C. Plans And Descriptions: Plans and descriptions showing how the following will be performed: 1. All site work shall be brought up to current Town standards unless a variance therefrom is granted to the applicant by the Town Council in accordance with the variance procedures of Chapter 1 of this Title. The Town Council may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the Building Official. 3. Condominium projects shall meet current Uniform Building Code requirements for heat and fire detection devices and systems. D. MAXIMUM SALES PRICE 1. In no event shall a Unit be sold for an amount ("Maximum Sales Price") in excess of the owner's purchase price. plus an increase of three percent (3%) of such price per vear from the date of purchase to the date. of Owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for anv part of a vear). NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE TOWN OF VAIL THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALES PRICE. 2. Determining Maximum Sales Price: a. For the purpose of determining the Maximum Sales Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 1 above. the cost of Permitted Capital Improvements (as defined in this section). The amount shall not exceed ten percent (10%) of the initial listed purchase price set forth in paraaraoh 1 above. For everv ten vear period from the date of oriainal purchase and deed restriction. another ten percent of the purchase price may be added to the value of the propertv for capital improvements. In calculatina such amount. only Permitted Capital Improvements shall aualifv for inclusion. All such Permitted Capital Improvements installed or constructed over the life of the unit shall aualifv. b. Permitted Capital Improvements shall not include anv chanaes or additions to the Propertv made by the Owner durina construction or thereafter. except in accordance with Paraaraph 2a above. Permitted Capital Improvements shall not increase the base price. even if made or installed durina oriainal construction. C. In order to aualifv as Permitted Capital Improvements, the Owner must furnish to the Town the followina information with respect to Ordinance 5, Series of 2000 4 AMENDED the improvements which the Owner seeks to include in the calculation of Maximum Sales Price: 1) Oriainal or duplicate receipts to verifv the actual costs expended by the Owner for the Permitted Capital Improvements: 2) Owners affidavit verifvina that the receipts are valid and correct receipts tendered at the time of purchase; and 3) True and correct copies of anv buildina permit or certificate of occupancv required to be issued by the Town of Vail Buildina Department with respect to the Permitted Capital Improvements. d. For the purpose of determinina the Maximum Sales Price in accordance with this Section, the Owner may also add to the amount specified in Paraaraphs 1 and 2a, the cost of anv permanent improvements constructed or installed as a result of anv reauirement imposed by anv aovernmental aaencv, or Home Owners Association, provided that written certification is provided to the Town of both the applicable reauirement and the information reauired by Paraaraph 2c. 1 - 3. e. In calculatina the costs under Paraaraphs 2a and 2d, only the Owners actual out-of-pocket costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to Owners "sweat eauitv" or to anv appreciation in the value of the improvements. 3. Permitted Capital Improvements A. The term "Permitted Capital Improvements" as used in the Section shall only include the followina: 1. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real propertv. excludinq repair, replacement and/or maintenance improvements: 2. Improvements for enerav and water conservation: 3. Improvements for health and safetv protection devices; 4. Improvements to add and/or finish permanent/fixed storaqe space: and/or 5. Improvements to finish unfinished space. B. Permitted Capital Improvements as used in this Section shall NOT include the followina: 1 a. Uparades/replacements of appliances, plumbing and a mechanical fixtures, carpets and other similar items included as part of the oriainal construction of the unit: 2. The cost of addinq decks and balconies, and any extension thereto; 3. Jacuzzis, saunas, steam showers and other similar items; 4. Improvements reauired to repair. replace and maintain existina fixtures, appliances, plumbina and mechanical fixtures. paintina. carpetina and other similar items: and/or: 5. Uparades or addition of decorative items, includina lights, window coverings and other similar items. Ordinance 5, Series of 2000 5 AMENDED C. All Permitted Capital Improvement items and costs shall be approved by the Town staff prior to beina added to the Maximum Resale Price as defined herein. 4. Owner shall not permit anv prospective buver to assume anv or all of the Owners customarv closina costs nor accept anv other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buver. 5. In the event that one aualified bid is received eaual to the Maximum Sales Price herein established, the Propertv shall be sold to such bidder at the Maximum Sales Price: and in the event Owner receives two or.more such bids eaual to the Maximum Sales Price. the Qualified Buver shall be selected accordina to the priority for Sale Units set forth in the Town of Vail Emplovee Housina Guidelines: and, in the event that all such aualified bidders are of eaual priority pursuant to the Guidelines, the Qualified Buver shall be selected by lotterv amona the aualified buvers, whereupon the Propertv or Unit shall be sold to the winner of such lotterv at the Maximum Sales Price. If the terms of the proposed purchase contract, other than price, as initially presented to the owner, are unacceptable to the Owner, there shall be a mandatorv negotiation period of three (3) business davs to allow the Seller and potential buver to reach an agreement regarding said terms, including but not limited to. the closina date and financing continaencies. If, after the negotiation period is over, the Seller and buver have not reached an agreement, the next bidder's offer will then be presented to the Seller for consideration and a three (3) business day neaotiatinci period will begin aaain. The seller may reject anv and all bids, however, the Owner is subiect to the provisions in the Town of Vail Emplovee Housina Guidelines oertainina to the listina fee. Bids in excess of the Maximum Sales Price shall be rejected: If all bids are below Maximum Sales Price, Owner may accept the hiahest qualified bid. If all bids are below Maximum Sales Price and two or more bids are for the same price, the Qualified Buver shall be selected by lotterv from among the hiahest aualified bidders. 6. In the event that title to the Propertv or a Unit vests by descent in individuals and/or entities who are not Qualified Buvers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)"). the Propertv or Unit shall immediately be listed for sale as provided in Paraaraph 1 above (includina the pavment of the specified fee to the Town), and the highest bid by a Qualified Buver. for not less than ninetv-five percent (95%) of the Maximum Sales Price or the appraised market value. whichever is less. shall be accepted: if all bids are below ninetv-five percent (95%) of the Maximum Sales Price or the appraised market value. the Propertv or Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost of the appraisal shall be paid by the !Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall ioin in anv sale. convevance or transfer of the Propertv or Unit to a Qualified Buver and shall execute anv and all documents necessarv to do so: and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Propertv or said Unit: 2) rent all or anv part of the Propertv or Unit: 3) enaaae in anv other business activitv on or in the Propertv or Unit: 4) sell or otherwise transfer the Propertv or Unit except in accordance with this Section and the Affordable Housina Guidelines: or 5) sell or otherwise transfer the Propertv or Unit for use in a trade or business. C. The Town, or their respective successors, as applicable, shall have the riaht and option to purchase the Propertv or Unit. exercisable within a period of fifteen (15) calendar davs after receipt of anv sales offer submitted to the Town by a Non-Qualified Transferee(s). and in the event of exercisina their riaht and option, shall purchase the Propertv or Unit from the Non-Qualified Transferee(s) for a price of ninetv-five percent (95%) of the Maximum Sales Price, or the Ordinance 5, Series of 2000 6 AMENDED appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) davs of acauisition of the Propertv or Unit. E. ENFORCEMENT 1. In the event that the Town has reasonable cause to believe the Owner is violating the provisions of this Section, the Town, by its authorized representative, may inspect the Propertv or Unit between the hours of 8:00 a.m. and 5:00 p.m.. Mondav throuah Fridav. after providina the Owner with no less than 24 hours written notice. 2. The Town of Vail. in the event a violation of this Section is discovered. shall send a notice of violation to the Owner detailing the nature of the violation and allowina the owner fifteen (15) davs to cure. Said notice shall state that the Owner may reauest a hearina before the Vail Town Council within fifteen (15) days to determine the merits of the alleaations. If no hearina is reauested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Section. If a hearina is held before the Vail Town Council, the decision of the Town based on the record of such hearina shall be final for the purpose of determining if a violation has occurred. If the Town determines that there has been a violation of the occupancv standards. the owner of the restricted emplovee housina unit shall be found to be in non-compliance. Penalties the Town may assess aaainst the owner include eliminatinq resale qain (per paragraph 1). and/or penalties found in the Town of Vail Municipal Code Section 01-01-01. 3. There is herebv reserved to the parties hereto anv and all remedies provided by law for breach of this Section or anv of its terms. In the event the parties resort to litigation with respect to anv or all provisions of this Section, the rwevailina partv shall be entitled to recover damaaes and costs, includina reasonable attornev's fees. 4. In the event the Property or Unit is sold and/or conveved without compliance herewith, such sale and/or convevance shall be whollv null and void and shall confer no title whatsoever upon the purported buver. Each and everv convevance of the Propertv or Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this section. 5. In the event that the Owner fails to cure anv breach. the Town may resort to anv and all available leaal action, includina. but not limited to. specific performance of the reauirements of this section or a mandatorv iniunction reauirina sale of the Propertv or Unit by Owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance beina paid to the Owner. 6. In the event of a breach of anv of the terms or conditions contained herein by the Owner, his heirs, successors or assians. the Town's initial listed purchase price of the Property or Unit as set forth in Paraaraph 1 of this section shall. upon the. date of such breach as determined by the Town, automatically cease to increase as set out in Paragraph 6 of this section, and shall remain fixed until the date of cure of said breach. 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. No New Conversions Allowed; Exception: There shall not be permitted any conversion of a lodge or accommodation unit within the Town to a condominium, except as provided for the provision of emplovee housina units. Emplovee housina units created pursuant to this chapter are subiect to the definitions, reauirements and provisions of Chapter 12-13. Town of Vail Ordinance 5, Series of 2000 7 AMENDED Code ("Emnlovee Housina") and Chanter 12-16. Town of Vail Code ("Conditional Use Permits"). 13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO 1995: A. Any accommodation unit within the Town which has been converted to a condominium or has received approval for a conversion prior to the effective date of Februarv 7. 1995 shall comply with the requirements of this Section. The requirements contained in this Section shall not apply to structures or building which contain two (2) units or less. B. Use By Owner/Renter: The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County Clerk and Recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his or her unit shall be restricted to twenty eight (28) days during the seasonal periods of December 24 through January 1 and February 1 through March 20. This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this Section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the Clerk and Recorder of Eagle County, Colorado, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the Town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the Town enforces the restriction, the Town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney fee incurred. 3. The Town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. Ordinance 5, Series of 2000 8 AMENDED 4. The converted lodge units shall not be used as permanent residences. For the purposes of this Section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six (6) consecutive months notwithstanding from time to time during such six (6) month period the person may briefly dwell in other places. C. Converted Lodge Retains Customary Facilities: Any lodge located within the Town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. D. Unsold Condominiums Rented: The converted condominium units shall remain available to the general tourist market. If unsold thirty (30) days after recording of the condominium map, the unsold converted condominiums shall be required to be furnished and made available to the general tourist market within ninety (90) days after the date of recording of the condominium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates in any local reservation system for the rental of lodge or condominium units in the Town. E. Common Areas Remain: The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. F. Employee Housing: Any accommodation units that were utilized to provide housing for employees at any time during the three (3) years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. G. Applicability: All conditions set forth within this Section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus twenty one (21) years. Conversion of accommodation units located within a lodge pursuant to this Section, shall be modified only by the written agreement of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval. of the Town Council. (Ord. 15(1995) § 1: Ord. 1(1995) § 4: Ord. 21(1987) 1-3: Ord 2(1983) § 1) 13-7-9: ACTION ON PRELIMINARY MAP: A. Criteria Considered: At the hearing on the preliminary map, the Planning and Environmental Commission shall consider whether the proposed conversion is consistent with the following housing goals of the Town: 1. To encourage continuation of social and economic diversity in the Town Ordinance 5, Series of 2000 9 AMENDED through a variety of housing types. 2. To expand the supply of decent housing for low- and moderate-income families. 3. To achieve greater economic balance for the Town by increasing the number of jobs and the supply of housing for people who will hold them. B. Determine Percentages For Sale Or Rent: The Commission may require that a reasonable percentage of the converted units be reserved for sale or rental to persons of moderate income. C. Findings Supporting Denial: The Planning and Environmental Commission may deny the tentative or preliminary map upon finding that: 1. Based on the information required by Section 13-7-6 of this Chapter, and on the vacancy rate for rental housing, tenants will have substantial difficulty in obtaining comparably priced rental housing. A rental vacancy rate below five percent (5%) based on the most recent Town survey constitutes a housing emergency situation. 2. The ratio of multiple-family rental units would be reduced to less than twenty five percent.(25%) of the total number of dwelling units in the Gore Valley, from Dowd Junction east to the base of Vail Pass, with no replacement rental housing being provided. (Ord. 2(1983) § 1) 4347 9-: P.RE I.WPl,^ RY P1 121 IC REPCIDT: ^~•'^vm eF&4i-1_p\ inn: Nc Ia±cr±I'r'ti.. five (5) :r.E'r .h~-3f an ppliaa {A e GGRvers+e,n, the app\lisant crr311 ratify twe-tsncrf riur.; GGRYers+e,n and FepeFt to the Plannirg-a44d Env ertal gemmissier. at ite the apprs3iirrr3te r~jmber-e cn3ntc dcciring-te-senvert to seF?de,'ninium aVR£"Sh;P S. 9ffery'1t Fair Nlsrl:at Vatue:. Existir.a4smants sra-ll b° ^^+;f,^,W Of the p ed cal? p4G&. €az44srr3r; shrill have a r,qety (99) -_,nz:.cc;grra"I chases tf}e~; u, :i± 3t thic r aliminary marl:at value. The prslimirary r'larkat value chrcl). ta-& fair r-wrkst vaWe4a the unit, and if the Planning and Ens; snta!-Sera ,tissi 4etermincc that the pp-rcli;nirary ;narki°al, ie tae- igh, `hc appl:-sa4cn may- be deRie d (Ord 211 a@2) § 1) 13-7-10: FINAL MAP; CERTIFICATION AND APPROVAL: A. Required Information; Certification: The final map to be filed by the applicant shall contain the information required by subsection 13-3-613 of this Title, relating to subdivisions as the same may be applicable to the condominium project. In addition to that information, the applicant shall obtain the following certification to be filed with the final map: receipt of a condominium report from the Building Official of the Town stating that condominium structure and units are in conformance with the Town Building Codes, Fire Codes and other related codes adopted by the Town or the Vail Fire PFetestisr} [DIstriGt Department, a th-ort agpeemcntc have heep Ater- d in`.a-with the TE) r: Firs- P- etestFS,i Dis±-r+st Geese; nirg said strustera 3r.d-YRits- B. Final Map Approval: No final or partial map. shall be approved until the certification required in subsection A above is obtained. (Ord. 2(1983) § 1) Ordinance 5, Series of 2000 10 AMENDED 1' ' 11: SUB944SICN PUBLIC PEPOP.T: A. oeetsrt; T an: The cut4i)v w cr. rb~;s-~epa~ sr:.4f sfats-4het sala& aFe sM"jastte-ess'raIGY by thes r~:in snan~ far rr.n sm th.9 date cf iscuanse-af said4eparF. `lkl thr.n five (5) days.IIf IJJuGnse e€th3 subd+u+s+eR Wcrl, the 2pplisant ch.al! notify -the~srar.t-&-sf tha-#eltevv+Rff I. elate nf i44.J9 r.se-ef-tie-FepeFt- The Fight Of GGe pansy Specified 2baye. That qe-rspair 9F FemedeliRg will gin until at Icast thi ,fte F the date e,f the Ic..c,. ---a.+ns the ci.l en r:,E;... L.qr.a.. -WErl, "r than he date ofReti#+satien, kvWG4eusr I I Films °d- • Genie 6T a.. f caid petinP- c; shall he, file d- v •it .h the asa -Bersrtm G~ :.~rtit3-Seuetsr :,ar4 at `#a tiros the RGtis2 is ^i„e^ to the telan`e. In `.l'~& case of a s+ar. r:-ejest-sue; r icting-94eur 11) par^aels er lecE, the 2pp+sa^t- &1-2-11 :-Rest this raqu;; amsnt ~vithn fig;- 'oaf the cp gv4 f rral mar. fQFd 211C&34-§4} Ordinance 5, Series of 2000 11 AMENDED 13-7-11: IMPROVEMENT SECURITY: A. Acceptable Form Of Security: The Planning and Environmental Commission and the Town Council may require a security to be posted by the applicant which shall consist of one or more arrangements which the Council shall accept to secure the actual cost of construction of such public improvements as are required by the ordinances of the Town. The improvement security may include any one or a combination of the types of security or collateral listed in this subsection and the applicant may substitute security in order to release portions of the condominium project for sale. The types of collateral which may be used as security are as follows: 1. Restrictions on the conveyance, sale or transfer of any unit within the condominium project as set forth on the final map. 2. Performance of property bond. 3. Private or public escrow agreement. 4. Loan commitment. 5. Assignments of receivables. 6. Liens on property. 7. Letters of credit. 8. Deposits of security funds; or other similar surety agreements. B. Amount Determined: Security other than plat restrictions, required under the improvement security, shall equal in value the cost of the improvements to be completed but shall not be required on the portion of the condominium project subject to plat restrictions. The Council shall not require security with collateral arrangements in excess of the actual cost of construction of the improvements. The amount of security may be incrementally reduced as subdivision or condominium improvements are completed. (Ord. 2(1983) § 1) 13-7-12: EXEMPTIONS: The terms of this Chapter shall not apply to developments or structures of two (2) units. (Ord. 2(1983) § 1) 13-7-13: APPLICABILITY: The terms of this Chapter shall be applicable to seedsr~irti~ r projects that are commenced or converted after the effective date hereof. (Ord. 2(1983) § 1) 13-7-14: FILING AND RECORDING: The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town with a certification from the Eagle County Treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. (Ord. 18(1993) § 6). Ordinance 5, Series of 2000 12 AMENDED Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of September, 2000. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the twenty-first day of September 1999, in the Municipal Building of the Town. Ludwig Kurz, Mayor Ordinance 5, Series of 2000 13 AMENDED ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND AVAILABLE TO THE PUBLIC AT THE COMMUNITY DEVELOPMENT OFFICE THIS TWENTY-EIGHTH DAY OF MARCH, 2000. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 5, Series of 2000 14 DRIVER RATE ADJUSTMENT Due to the Avon/Eco driver compensation increases, we are recommending selected adustments based on the TOV pay philosophy to be competitive in our chosen markets. While Tov will not lead the market, our strategy is to match competitive pay practices. In the case of our driver competition, Avon/Eco is now the market leader with a $12 rate for 1" year drivers, $13 for 2nd year drivers, and $14 for 3`d year drivers. At TOV, our senior full- time drivers now average $13.53 per hour (60% of our full-time drivers have 3+ years of service) and we are now deficient to the market. Accordingly, our ability to maintain our experienced driver corps and serve the comm. i , i at risk. We plan to, match the $.75 Avon market adjustme LA ualized cost is $31,200. Net cost for this season would be approxima $15,00Qdue to savings gained by not replacing unfilled seasonal positions Copy of Council correspondence v 9' 41. 00 Subject:. Copy of Council correspondence Date: Tue, 7 Mar 2000 11:20:32 -0700 From: "Glenn Davis" <Glenn Davis@alpinebank.com> To: "Pbrandmeyer" <pbrandmeyer@ci.vail.co.us> Subject: Additional Ice facility I am emailing on behalf of Vail Junior Hockey, although I suspect my remarks serve to represent many of the ice users in the valley from Vail to Eagle. For brevity's sake i am assuming that we all agree on the overutilization of Dobson Ice Arena. I have been added to the agenda for the March 21 regular Council session to discuss the possibility of a temporary ice facility to accomodate the needs of both ours and the girls - which will come under VJHA next season - for the upcoming season 2000-2001. Since our ranks last accosted you, various of our members have spoken with Pete Pieters, the Vail Rec District Board as a whole, WECMRD, and several discussions including VRD staff have been held with John Nichols and Bruce Meilke of to Eagle-Vail metro district. Based on these discussions, our association feels that potential opportunities for additional facilities exist at Eagle-Vail and Edwards (at either Berry Creek 5th or a private party lot) but that these are all long-term prospects and do not address the immediate need for additional ice for next season; while the Eagle-Vail Pavilion rink seems so easy to upgrade to accomodate us, the Metro District claims no operating or capital funds are available, and even if they were any proposal requires homeowner approval which we feel to be precarious. As such our Association feels the Town of Vail is best positioned to satisfy our short-term needs until a full-fledged facility materializes; however based on experience our Association does not feel that appealing to the VRD solely without Council involvement will adequately resolve the issue . What we are looking for is simply a temporary facility for practice until such time as the hub site second sheet or other facilities become available; such a site could also be used for other activities when not serving skating needs, e.g. as basketball or tennis courts in the summer . Our request will consist of the following: 1) identification of a site upon which we can erect - again, temporarily - a covered, regulation-size ice rink including temporary modular locker rooms (no showers, facilities other than Porta Potties); While we have presented VRD with the existing golf course driving range as an alternative they have declined, and as such we see either Donovan Park or the site immediately west of the Vail Mountain School as possible solutions; 2) Capital Improvement Funding for excavation of a flat site preferably to include a concrete slab, a portable ICEMAT ice refrigeration system (includes compressor), a temporary bubble to be erected only while rink is in operation, and 2 temporary construction-type modulars for locker rooms. The refrigeration system may be utilized for an outdoor public skating facility once the hubsite becomes operational, while the bubble could possibly be sold to Eagle Ranch, Kremmling, or even Eagle-Vail should they choose to finally upgrade their facility; 3) donation of the boards and glass from the Dobson remodel; 4) provision for operating funding to include Zamboni service to be reimbursed from users including ourselves. We are in the process of formalizing our request with costs and other pertinent information for presentation to you March 21. We are also planning on having boardmembers, parents, and players from both the VJHA and girls program in attendance. I know that few of our participants are Vail residents, and I myself am not; I also know that it does make the most sense practically to locate the 1 of 2 3/7/00 6:13 PM Copy of Council correspondence facility downvalley. Yet our needs are immediate, and any downvalley solutions are several years away; our plea to you is ultimately a temporary but effective stopgap. I encourage all of you to call me at 476-8700 to discuss this issue beforehand. Regards, Glenn Davis President, VJHA Board of Directors 2 of 2 3/7/00 6:13 PM COUNCIL FOLLOW-UP [TOPIC _ QUESTIONS FOLLOWUP [ 2000 02/17/00 Covered Bridge GREG MORRISON: Is there a way we can This has been referred to code enforcement for Building 500 off Sale Sign legislate businesses from advertising action. GOING OUT OF BUSINESS or 50% SALES signs 365 day/year? As a note: Beaver Creek already has legislation in place that _ disallows sale signs in the winter. 03/09/00 I-70 PEDESTRIAN LARRY PARDEE: As you continue your FOLLOW UP: With our current sweeper "down" for OVERPASS CLEANING sweeping efforts, please don't forget repairs and new sweeper still not a part of our Kevin Foley about the pedestrian overpass. inventory, (and as it relates to the overall Currently, it could use a good "sweep." cleanliness of the town, Todd Scholl has just secured this afternoon (3/9) a replacement motor that will be delivered by 3/16. All mechanics resources will be applied toward installing this motor, which should make our current streetsweeper road-ready by Monday, 3/20. The staff is exploring the following options: a. Attaching the "open bale broom" to the front of one of our front end loaders. This will create a huge dust storm but can possibly be down-sized in impact through use in correct weather conditions (w/a small amount of snow/moisture on the ground or running in the early morning hours so as not to impact as greatly pedestrians and motorists). b. Rental/lease of an interim street sweeper: Todd Scholl is working w/our current vendors to get pricing for this temporary fix. If we do not have numbers by packet time (3/10), we will present our figures at next Tuesday's worksession. March 10, 2000, Page I C. First input from vendors indicates there is an older model street sweeper (maximum mph = 10) that rents for $9,000/month (minimum rental = 1 month) 03/.09/00 LOCAL MARKETING BETH: Please set quarterly meeting(s) Meetings have been set up for June 13, September DISTRICT BOARD OF DIRECTORS to precede regular work sessions the 12, and December 12. second week in June, September, and December. 03/09/00 WESTFEST FUNDING FOR PAM/TOM/STEVE: As required by Section INKIND SERVICES 4.8, Vail Town Charter, Council approves Michael Cacioppo their annual budget by ordinance; additionally, approval of dollars outside the annual budget cycle (such as the request in re: WestFest), although authorized by Council through a work session vote, is formalized through a supplemental appropriation by ordinance. The next supplemental appropriation, in which approval of the funding for WestFest will be included, is set for first reading of an ordinance on April 4, 2000. 03/09/00 REQUEST FOR FUNDING BY BETH: Call Mike Goodbee to set a work Mike Goodbee has been scheduled to come the THE RESOURCE CENTER session time for consideration by April 18th work session to request funding for the Michael Goodbee and Bev Council of their funding request. Resource Center. Christiansan 03/09/00 HOUSING PROGRAM - NINA: The next public review has been MULTI-FAMILY PROJECTS set for both the work session and Council evening meeting on April 4, 2000. 03/09/00 LOST SALES TAX FROM STEVE/BOB: Further explore charging "SHIPPED OUT" SALES sales tax at point of sale, w/option to Chuck Ogilby apply for reimbursement. 03/09/00 LOST SALES TAX REVENUE STEVE/RUSS: Is there any way to assess FROM FRACTIONAL FEE UNITS lost sales tax dollars from Diana Donovan fractional fee units, as opposed to what is generated from AU's? 03/09/00 CMC JOINT WORK SESSION PAM: This work session has been set to March 10, 2000, Page 2 Chuck Ogilby include Dr. Jose Aybar, Dr. Cynthia Heelan, and the town's district trustee for Tuesday, March 21, 2000. _ 03/09/00 DINNER W/THE AVON TOWN BOB: The Avon Town Council will be COUNCIL coming to Vail to treat the Vail Town Bob McLaurin Council to dinner on Thursday, March 30, 2000. Time/place to be determined. 03/09/00 WEEKLY SKIER NUMBERS OB: Supply weekly skier numbers to Chuck Ogilby Council. _ 03/09/00 STREET ACTS PAM: Discuss w/Joel Heath and the Chuck Ogilby Special Events Commission recruiting street performers from such areas as San Francisco for recurring performances throughout the summer/fall. _ 03/09/00 GOLF COURSE PROPERTY NINA: Several proposed sites around the Just wanted to let you know why the Town has not FOR AFFORDABLE HOUSING Vail Golf Course may be appropriate for pursued employee housing on the Town owned golf Tom Steinberg the construction of employee housing: course lots. The lots that Town owns have the east end of Ford Park; west end of grand slam of hazards on them. They are in the soccer field; east end of soccer field; avalanche debris high hazard area, the avalanche 2-3 individual lots to the south side of influence zone, and the medium severity rock fall the soccer field. area. There are two lots on the south side of Vail Valley Drive that would potentially be developable, but from what I can tell it is where the golf course buggy path is located. _ 02/17/00 Process to De- Lorelei: Please contact the Secretary Bob will call Jack Taylor and Dave Wattterberg to Gallagher of State to find out how many signatures see whether either would craft this legislation. Greg Moffet by petition are required to put a measure on an upcoming election. We Lorelei contacted the Secretary of State's office will also contact Jack Taylor and Dave this am..... if this is a State-wide question it Wattenberg to see whether they (or he) requires a minimum of 62,000 signatures. would carry this issue through the State Legislature? The Title would need to be set before May 17, 2000 to be on the November ballot. Then the signatures would need to be gathered. They are sending me an Initiative and Referendum manual so we can review. March 10, 2000, Page 3