HomeMy WebLinkAbout2001-09-18 Support Documentation Town Council Evening Session
i i
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, SEPTEMBER 18, 2001
7:00 P.M.
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 min.)
2. ITEM/TOPIC: Community Survey Update. (10 min.)
Suzanne Silverthorn
BACKGROUND: For the 14th consecutive year, the Town of Vail
has conducted a community survey to evaluate levels of
satisfaction with respect to a full range of community services and
to gather opinions on selected issues facing the Vail community.
The survey was conducted entirely over the Internet this year as a
pilot program to evaluate accuracy and effectiveness. The results,
which are now available on the Town of Vail Web site, suggest
future use of the Internet as a viable and cost-effective tool.
3. CONSENT AGENDA: (15 min.)
Approval of August 7 and 21, 2001 minutes
Ordinance #20, Series of 2001, second reading, an ordinance
making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, and the Real Estate Transfer Tax
Fund of the 2001 Budget for the Town of Vail, Colorado; and
authorizing the expenditures of said appropriations.
Ordinance #24, Series of 2001, second reading, an ordinance
repealing and re-enacting Ordinance No. 9, Series of 1988 and
Ordinance No. 17, Series of 1996, providing for the major
amendment of Special Development District No. 21, Vail Gateway,
to allow for the change in the underlying zoning of Commercial
Core 1 to Commercial Service Center; amending the approved
development plan for Special Development District No. 21, Vail
Gateway; amending Title 12, Chapter 7, Article E, Section 4, to add
"Private Club" as a conditional use in the Commercial Service
Center Zone District; amending title 12, Chapter 2, Section 2, to
add a definition of private club.
4
Brent Wilson ITEM/TOPIC: First reading of Ordinance No. 27, Series of 2001,
An Ordinance Amending The Official Zoning Map For The Town Of
Vail In Accordance With Title 12, Zoning Regulations, Chapter 5,
Zoning Map; Rezoning Lots 1-4, Vail Meadows Filing 2 And Lots 15
And 16, Bighorn Subdivision Second Addition To "Natural Area
Preservation District"; And Setting Forth Details In Regard Thereto.
(15 min.)
f r
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications or deny Ordinance No. 27 on
first reading.
BACKGROUND RATIONALE:
Ordinance No. 27 was drafted to formalize policy decisions made
recently by the Town Council on open space purchases within the
"Vail Meadows Filing 2" and "Bighorn Second Addition"
subdivisions. The rezonings, along with an associated Vail Land
Use Plan amendment, will formalize the development limitations on
these town-owned properties and prepare them for potential future
designations as perpetual open space. A staff memorandum
outlining the details of the rezonings and master plan amendment
has been attached for reference.
RECOMMENDATION:
At its August 27th meeting, the Town of Vail Planning and
Environmental Commission (PEC) voted (unanimously) to
recommend approval of these rezonings to the Vail Town Council.
The PEC also requested the Town Council consider the expenditure
of Real Estate Transfer Tax (RETT) funds for signage and parking
areas encouraging public use of Lots 15 & 16, Bighorn Subdivision
Second Addition.
The Department of Community Development recommends the Vail
Town Council approve Ordinance No. 27, Series of 2001 on first
reading.
5. ITEM/TOPIC:
Brent Wilson First reading of Resolution No.5, Series of 2001, A Resolution
Amending The Town Of Vail Land Use Plan, Changing The Land
Use Designation From "Low Density Residential" To "Open Space"
For Lots 1-7 And Lot 12, Vail Meadows Filing 2 And Lots 15 And
16, Bighorn Subdivision Second Addition, And Setting Forth Details
In Regard Thereto. (5 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications or deny Resolution No. 5.
BACKGROUND RATIONALE:
Resolution No. 5 was drafted to formalize policy decisions made
recently by the Town Council on open space purchases within the
"Vail Meadows Filing 2" and "Bighorn Second Addition"
subdivisions. The Vail Land Use Plan amendment, along with
associated rezonings, will formalize the development limitations on
these town-owned properties and prepare them for potential future
designations as perpetual open space. A staff memorandum
outlining the details of the rezonings and master plan amendment
has been attached for reference.
RECOMMENDATION:
At its August 27th meeting, the Town of Vail Planning and
Environmental Commission (PEC) voted (unanimously) to
recommend approval of this amendment to the Vail Town Council.
The Department of Community Development recommends the Vail
Town Council approve Resolution No. 5, Series of 2001 on first
reading.
6. ITEM/TOPIC: Second reading, Ordinance #26, Series of 2001, an
Nina Timm ordinance appointing the Vail Local Housing Authority (VLHA) as
VLHA special fiduciary agent to implement the Mountain Bell Project.
Jim Mulligan (20 min)
attorney for VLHA
Allen Christensen
7. Town Manager's Report. (5 min.)
Bob McLaurin
8. Adjournment (8:20 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, SEPTEMBER 25, 2001, BEGINNING AT 11:30 A.M. WITH A
NEIGHBORHOOD WALK-ABOUT AT DONOVAN PARK AND THE WORK SESSION
BEGINNING AT 1:00 P.M. IN THE COUNCIL CHAMBERS
Sign language interpretation available upon request with 24-hour notification.
Please call 479-2332 voice or 479-2356 TDD for information.
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Cost of living for schools has not been funded since 1994. The state's School Finance Act determines . , D
each school district's funding by evaluating 3 factors: 1) Size of pupils) 2) At Risk pupils on free or 3)y
reduced lunch) 3) cost of living (differences in cost of living between districts). The lack of cost of living 0 j0} UAT 0 , funding has grown to a $3.1 million deficit for the 2001-02 school year, making it difficult to provide N I~JdI~J~~
competitive salaries.
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A local grassroots group led the effort and convinced the state legislature to uphold the law. The state
legislature recognized the injustice and amended the School Finance Act to allow local school districts to
keep pace with the continuing cost of living increases for this year and each subsequent year based on an
independent statewide cost of living study. A voter approved mill levy increase of $13 a year per $100,000 of Dear Neighbor: ced teachers. We are your friends,
assessed residential valuation in 2002 will generate $3.1 million dollars for teacher and staff compensation. ost experien our
Help us retain our best, m community's business leaders,y to help
pay voters for more money is a last resort. With money from the state, the district gave teachers some your next-door neighbors, your
We are
ay increases, but it wasn't enough to close the gap that's been growing for years. Some have asked, why elected fficials, and your children's teachers. We are ember 6thl
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not take money from other programs? Without the additional dollars to be raised by the ballot measure, o
age of the levy school levy measumeasure 3D on Nove
there s not enough money to solve the cost of living problem for teachers - even if funds were shifted away gain pass re because we are concerned about the:
from other priorities, like keeping class sizes small and maintaining our commitment to the arts and sports. working to pass this
future of our valley.
Give teachers & staff the salary increases they deserve. factors in a child's education is h children to
Teachers would receive the majority of the funds in the form of a cost of living pay increase, but vital school One of the most import motivate ant
ex erienced teacher can le County
support staff would receive pay increases too, and a portion of the funds would reward good teachers with teacher. A well-trained, p every minute of it. Eag
performance pay. potential and enjoy
excel beyond their sire our children, the future leaders of
is full of teachers like this'They teachers are leaving because they can
our community. But, the
afford to live here. rates! Over 20 percent
Q,an Education d teachers at alarming ears
We are losing experience our valley their year,
of r, most with over 4 years teachers are leaving stride in the classroom. The d
oerience, just as they are hitting iting, hiring, an
PO Box 1364 Edwards CO 81632 AIX~
exp must now spend precious resources rBut the real losers
school district lace those who've left.
on what all these incredible teachers have to
training new teachers to rep
are our kids who miss out
~ offer increases thedeserve. Please join
jo
e$ l' nd staff the salary Vote YES for education.
Give teachers a of our community.
us in investing in the future
Jan Hiland, Arn Menconi, Susie
Mel Cohen,
eusser, Karen Strakbein, Louise Funk,
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J Q~ Melinda Gladitsch, Chuck M radixnJerr Y Nichols, Jan Abbott, Don o-Rourke, Carri Te ear ie tQQChers, and parents.
•
A~ Davis,TomStone,DianneCountyneighbors, business p p
~u and hundreds of your Eagle
Edumd°^
Box 1364 • Edwards C081632 • Leslie Madison, Treasurer
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Let's keep all our good teachers working for quality education in Eagle County Schools. r ~0
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d R Ron Alley, lead janitor 7 drive 160 miles a day round trip
Phil and Cinnamon from Silt, where housing costs are less. My last car had
4
150,000 miles on it. /love working at Red Sandstone and
• Colorado has dropped in per Cain , teachers We
p pupil love,
and we someday hope to save enough for a condo in the valley.
funding from 15th to 36th in the past 20 want to continue
years 'and Eagle County School District
ranks 110 out of 178school districts in the working here. We live Annette Ontiveros, principal "The #1 factorin student
state for per pupil funding. in New Castle and, achievement is teacher effectiveness. Eagle County School
with a cost of living 4~ Districts staff development programs support classroom
• Eagle County's cost of living is the 3rd increase, could afford effectiveness, however, with ourhigh teacher turnover, we
in the state; et our average
highest Y 4 i to move to the R~ seem to lose staff justas they hittheir stnde.'
teacher salary ranks 13th in the state. Gypsum area. Eric Mandeville, teacher and coach "Between teaching and ori&
• Eagle Count had to hire 97 teachers this _
y coaching, l took a $9, 000 pay cut to come to this valley - I
fall -over 20 percent of the staff. really love it here. But realistically, when it comes time to
m a;
settle down andstarta family, I may have to move on.
77
Gerald Gallegos, business
o µ ry` owner "Educational leadership in Barbara Nutting, teacher "'When/ moved to Eagle
Over 90% of all school age children in the classroom is the cornerstone of County 5 years ago from the east coast, my teaching salary
Eagle County are enrolled in public school. ir '
a vibrant community. /strongly dropped $10,000 per year plus 1 had to pay for a family 11 11
• Eagle County has the 3rd lowest ro ert support Citizens for Quality health plan. As a single mom and teacher, my girls
tax lev 'for ducation in the state and all Education's commitment to our qualified for free and reduced-cost lunches."
y children b helping attract and
money raised here, stays here. by retain top teachers. It John Brendza, assistant superintendent "I hope in the future
• A YES vote means $3.1 million dollars goes that we can reduce staff turnover andspend more time rovidin
to local teachers and staff, which could p g ~ mean the difference between staying here better in-service training for experienced teachers, rather than ,
or leaving. having to focus on getting new teachers up to speed."
1.daningsoftheStates1999,NrtlonalEduadonTz"don L(obradoDeparhnentofEduration,FwlYear1999-1D00Revenues andExpenditures 3.1999 School District Cost ofUdngStudy, Colorado Legislative Council Staff 4.2000-2001 School Board Support Service Manual, 36-yearEarning Power Metlud
Confused by Ballot Language? Join the Crowd.
Much of Colorado ballot language regarding taxes is either required by or in response to the TABOR
Amendment in the State Constitution We hope this helps you understand and vote YES for 3D
the ballot question has been carefully drafted to comply with state
statute and the state constitution. "
Lauren Kingsbery, attorney for Colorado Association of School Boards
The word "ANNUALLY"
makes it sound like $3.1 million is EAGLE COUNTY BALLOT QUESTION 3I1
the amount to be collected each year.
In fact, $ amounts for future years SHA),L THE EAGLE COUNTY SCfLOO , DISTRIC"I' Rl; 50J
are determined by law. See 3 TAXES BE INCREASED $3,115,827 ANNUALLY AND BY
TABOR requires that "Ballot titles SUC14 AMOUNTS AS ARE RAISED THI REAF"I R BY THE
for tax increases must IMPOSITION OF A MIL_ L LEVY WITHOUT LI1yIITATION AS
SHALL (DISTRICT) TAXES BE TO THE AMQ~Kf' OR RATE UPON ALL TAXABLE PROP
INCREASED $ ERTY W6[ N THE DISTRICT, COMMENCING IN TAX
ANNUALLY...?" YE 001 AND CnNTCNIJi:NG THF,REAP"1'EII AS PRQ-
IDEI) BY LAW~s OR I Ht. PEJRP()SE OF PROVIDING THE
2 WITHO UT LIMITATION" Did tttCT W I AN ANN[ JAL SUPPLEM~~NTAL COST OF
TMFNT AS AUTHOR;_`EQ BY THE PUBLIC
allows"the mill levy to fluctuate LIVING AIV
up or down to meet the limitations SCHOOL INANCE AQT Q 1994. AS AMENDED OR AS
set each year by the School Finance MAY AMENDED, INCLUDING ANN SUCCESSOR
.
Act. This is by no means a blank STAyIJRR;_ WITH THE PROCEEDS OF SUCH TAXES TO I3I;
check for Eagle County Schools! CQfLECTED AND SPENT BY THE DISTRICT AS A'
VOTER-APPROVED REVENUE AND SPENDING CHANGE
3 IN EACH YEAR, WITHOUT REGARD TO ANY SPENDING3
"CONTINUING THEREAF- OR REVENUE L[MITATIO3tii t t3NTAINED IN SECTION 20
TUTION?
TER" means that you only need OF ARTICLE X OF THE COI,Q ADO CONSTITUTION?
to vote on this issue one time. Your
vote in this election will allow Eagle
County Schools to collect this cost of
living adjustment each year going for- 4
ward according to law.
The specific section of the School This makes it sound as though we are disrQr ai ding the State
Finance Act of 1994 being referenced Constitution. In fact, the TABOR Amendment to the Constitution
is sections 22-54-104 (2)a(IV)(D) and requires this language. TABOR requires that any "tax policy
22-54-104 (3) of the Colorado Re- change directly causing a net tax revenue gain to any district"
vised Statutes. It allows cost of living roust receive advance voter Wta. val. That is what question 3D is
factors to be calculated every other all about. TABOR also establishes limits on spending. Again,
year according to the cost of living this phrase is included in order to meet the requirements of TA-
differences between school districts, BOR. Without it, the school district would be able to collect the
determined by an independent state- additional revenue but would be
wide study conducted by Legislative unable to spend it. ~j
Council.
1j].efi J 1
J PO Box 1364 Edwards CO 81632 Leslie Madison, Treasure dRe%
MEMORANDUM
TO: The Vail Town Council
FROM: Chris Cares, RRC Associates, Inc.
RE: 2001 Community Survey Results
DATE: September 12, 2001
As you know, for the 14th consecutive year, and at your direction, the Town of Vail has
conducted a survey of residents, absentee property owners, and business owners to
evaluate opinions on a variety of issues. RRC Associates of Boulder was retained to
assist in this effort. The purpose of the survey was to evaluate respondents' level of
satisfaction with respect to a full range of community services, and to gather opinions on
selected issues currently facing the Vail community.
For the first time, this survey was conducted entirely over the Internet. We wanted to test
this technology to see if it might be an appropriate, cost-effective measurement tool in
recognition of the town's biennial budget process. Invitations to participate in the 2001
survey were extended through the local newspapers and direct mail to all Vail
households. A total of 251 responses were received between March 23 and May 16. Of
the responses, 69 percent were from year-round residents of Vail and 28 percent were
from part-time residents (second homeowners). The remaining 3 percent were from
absentee business owners. While smaller than the past samples, which had been obtained
through the more costly techniques of mail and telephone surveys, the 2001 results
provide significant opportunities for evaluation. In general, 2001 service ratings are very
similar to those obtained last season in which 630 responded either by mail, telephone or
the Web. While there are minor differences of one or two percentage points, some up and
some down, overall ratings are unchanged when measured in statistical terms. We also
want to call your attention to this year's written comments which are much richer than in
previous years and are worthy of the Town's attention. In addition, the Web-based
technology allows us to sort these responses in numerous ways. For example, we can sort
comments by geographic regions and other demographic data, as well as by service level
ratings. If you'd like to see specific sorts, please let us know and we'll add that
information to the database.
As we report the survey results to the community, our goal is to not only make responses
available in a user-friendly format, but also to also allow interested citizens the
opportunity to comment further on the results. Therefore, we are presenting results of the
2001 survey by using a Web-based dissemination of our findings, which will be
discussed in more detail at the Sept. 18 evening Town Council meeting. During this
presentation, Suzanne Silverthorn of the Community Information Office will provide an
overview of the Web-based results, which provides opportunities for additional citizen
interaction with the town. For a preview of the site, go to www.vailL-ov.com and look for
the link to the community survey results.
This link contains actual survey results as percentages, as well as listings of the verbatim
comments received on a number of open-ended questions. These results are presented in
lists that provide a broad commentary on a number of aspects of town services and issues.
In an interesting series of new questions, respondents were asked about the Frontage
Road parking and noise reducing walls along I-70. Results showed sharp splits in
opinion. While virtually everyone reported that Frontage Road parking increased in
volume (95 percent) about 51 percent reported "no negative impact personally"(a 1 or 2
on the scale) with 32 percent reporting "great personal impact (a 4 or a 5). Clearly, the
statistical results on parking show divisions of opinion that were further emphasized in
the open-ended comments. Various aspects of parking came under direct criticism
through the surveys, with frequent calls for a review of the valet parking program, and
also concerns for the impacts of day skier oriented pass sales on frontage road parking.
Opinions on the noise walls were also divided with 38 percent calling them a "bad idea"
and 47 percent calling them a "great idea." Again, the open-ended comments provide
further elaboration on opinions related to noise walls. These comments have been
forwarded to town staff and will be evaluated as a part of any discussions related to
parking and noise walls.
In another new question, about 33 percent felt that development of a dedicated off-leash
exercise area for dogs is "not at all important" (a 1 or 2) and 56 percent call it "very
important" (a 4 or 5).
If you have additional questions about the survey results, please feel free to contact me at
(303) 449-6558, ext. 115. Thank you for the opportunity to assist with this effort.
S :\worddocs\VAIL\TOWN\2001 \overviewmemo. doc
Town of Vail Community Survey 2001 Final Results
¦ Unless otherwise indicated, results indicate percentage of respondents.
¦ Where applicable, results to the 1999 Town of Vail Community Survey
have been included.
FIRST, A FEW QUESTIONS ABOUT TOWN OF VAIL GOVERNMENT..
1. How satisfied are you with the following functions of the Town of Vail government? Use a scale from 1 to 5 where 1 means "not at
all satisfied" and 5 means "very satisfied" to rate each of the following items. Please use DK/NO (Don't Know/No Opinion) as
appropriate.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Current Town Council 2001 6 15 38 34 7 3.2
2000 5 13 40 37 6 3.3
Planning and Environmental Commission 2001 n/a
(also known as the PEC) 2000 8 19 41 25 6 3.0
Design Review Board (a.k.a. the DRB) 2001 10 18 39 26 8 3.1
2000 10 18 38 25 9 3.0
Art in Public Places Board (a.k.a. AIPP) 2001 13 16 30 26 15 3.1
2000 13 16 30 27 15 3.1
Town of Vail staff 2001 2 7 24 49 18 3.7
2000 3 6 25 43 23 3.8
2. Over the past year, would you say the responsiveness of the Town of Vail government has gotten worse, stayed the same, or
improved? GOTTEN STAYED THE
WORSE SAME IMPROVED
1 2 3
2001 18 61 21
2000 13 61 26
3. The Town of Vail has identified its involvement in the following issues as important to the future of Vail. Please rate how
important you feel these issues are.
NOT AT ALL VERY
IMPORTANT IMPORTANT MEAN
1 2 3 4 5
Protection of Vail's environmental resources 2001 - 1 8 25 66 4.6
2000 1 4 9 22 64 4.4
Improvement of the sense of community in Vail 2001 2 3 13 27 54 4.3
2000 2 4 17 26 51 4.2
Construction and maintenance of public 2001 - 2 12 35 50 4.3
infrastructure (roads, sewers, etc.) to 2000 1 3 14 34 47 4.2
serve both residents and guests
Improving various modes of transportation in and 2001 - 6 17 32 45 4.2
around Vail (bus, pedestrian, bike, etc.) 2000 2 6 18 33 41 4.0
Facilitating a range of housing opportunities 2001 8 7 16 26 43 3.9
for those who work in Vail 2000 8 8 14 22 49 4.0
Sustaining economic viability of businesses in Vail 2001 3 5 17 24 50 4.1
2000 3 3 15 22 56 4.2
Providing an abundance of recreational opportunities 2001 4 7 20 35 33 3.9
2000 n/a
Providing an abundance of educational opportunities 2001 5 11 28 31 25 3.6
2000 n/a
Providing an abundance of cultural opportunities 2001 3 7 26 34 30 3.8
2000 n/a
4. How effective is the Town of Vail in addressing these same issues?
NOT AT ALL VERY
FE FECTIVF EFFECTIVE MEAN
1 2 3 4 5
Protection of Vail's environmental resources 2001 4 11 36 42 7 3.4
2000 5 14 36 36 8 3.3
Improvement of the sense of community in Vail 2001 10 20 41 25 4 2.9
2000 10 24 42 20 5 2.9
Construction and maintenance of public 2001 2 6 35 47 10 3.6
infrastructure (roads, sewers, etc.) to 2000 4 8 31 45 12 3.5
serve both residents and guests
Improving various modes of transportation in and 2001 3 9 31 46 12 3.6
around Vail (public, private, pedestrian, bike, etc.) 2000 4 9 30 45 13 3.5
Facilitating a range of housing opportunities 2001 12 22 38 23 5 2.9
for those who work in Vail 2000 14 24 37 19 6 2.8
Sustaining economic viability of businesses in Vail 2001 8 24 43 20 5 2.9
2000 15 26 40 16 4 2.7
Providing an abundance of recreational opportunities 2001 2 7 27 45 20 3.7
2000 n/a
Providing an abundance of educational opportunities 2001 4 17 48 28 3 3.1
2000 n/a
Providing an abundance of cultural opportunities 2001 3 12 36 37 11 3.4
2000 n/a
5. Do you have any comments about the Town's approach to these issues?
TOWN OF VAIL PRIORITIES
6. Do you feel the Town of Vail government should take action to Improve the community's economic vitality (Including retail quality
and variety, keeping businesses in Vail, etc.) in commercial areas?
2001 2000
n/a 80 Yes
20 No [SKIP TO Q. 8]
2
7. (IF YES) in which of the following areas should the Town government take action to improve community vitality?
NOT AT ALL VERY
IMPORTANT IMPORTANT, MEAN
2001: n/a 2000: 1 2 3 4 5
Increase commercial space 21 23 28 16 12 2.7
Increase number of lodging beds 18 23 27 18 14 2.9
Increase lodging occupancy 12 14 22 27 25 3.4
Improve lodging quality 7 8 12 27 46 4.0
Increase employee (affordable) housing 6 8 15 20 51 4.0
Improve retail mix/quality 6 3 22 30 39 3.9
Improve streetscape 2 10 28 31 30 3.8
(pavers, street fixtures, landscaping, etc.)
Increase events/programs for local residents
(cultural events/programs,
arts, family entertainment, etc.) 2 6 24 34 34 3.9
Increase events/programs for visitors (cultural events/
programs,arts, family entertainment, etc.) 2 7 22 32 38 4.0
Review the sign code to clarify
and update provisions 10 13 33 24 20 3.3
Do you have any comments on these potential actions?
8. Please rate your satisfaction with the following Town of Vail functions.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
General administration (manager's office, finance
department,human resources department,
darks office, staff) 2001 1 4 27 49 19 3.8
2000 2 5 31 44 18 3.7
Information dissemination (via town newsletters, 2001 n/a
town website, Channel 19, etc.) 2000 1 6 31 38 25 3.8
Municipal Court 2001 3 5 25 42 25 3.8
2000 4 4 31 36 25 3.7
COMMUNITY DEVELOPMENT
The Community Development Department provides planning, design review, environmental programs, and
building and restaurant inspection services.
9. Have you used the Community Development Department with the past 12 months?
2001 2000
30 26 Yes
70 74 No (SKIP TO O.11]
3
10. (IF YES) Please rate your satisfaction with the following aspects of the Community Development Department.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Overall service and efficiency 2001 7 10 32 26 25 3.5
2000 9 8 23 35 24 3.6
Courtesy and attitude 2001 5 7 18 36 35 3.9
2000 5 8 19 26 41 3.9
Building permit review and inspections 2001 11 11 33 26 19 3.3
2000 12 12 24 26 26 3A
11. (ALL RESPONDENTS) Please rate your satisfaction with the following aspects of the Community Development Department.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Livability of Vail (environment, quality of development, 2001 n/a
amenities versus cost to live here) 2000 6 17 32 35 10 3.2
Environmental quality in the Town of Vail 2001 n/a
(air, water, etc.) 2000 2 5 19 47 28 3.9
Quality of new development and redevelopment
over the past three years (Austria Haus, 2001 nla
Golden Peak, Slifer Plaza, streetscape, etc.) 2000 3 4 19 46 28 3.9
Cleanliness of restaurants in Vail 2001 n/a
2000 2 9 21 48 22 3.8
PUBLIC WORKS
The Public Works Department provides maintenance of public areas including parks, roads and streets.
12 Rate your satisfaction with Public Works services in the Town of Vail.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Snow removal 2001 1 3 11 32 53 4.3
2000 2 3 14 37 43 4.2
Frontage Road maintenance by the 2001 - 2 8 34 55 4A
. State of Colorado 2000 3 9 26 38 25 3.7
Road and street maintenance by the 2001 2 8 21 46 23 3.8
Town of Vail 2000 3 6 21 42 29 3.9
Park playground equipment safety 2001 n/a
2000 2 3 19 44 33 4.0
Overall park maintenance 2001 - 4 16 46 33 4.1
2000 1 2 15 52 30 4.1
Appearance and condition of 2001 1 7 29 43 21 3.8
town owned buildings 2000 2 5 24 48 21 3.8
Friendliness and courteous attitude of 2001 1 3 22 41 32 4.0
Public Works employees 2000 2 5 19 41 33 4.0
Cleanliness of pedestrian villages 2001 4 5 28 38 25 3.8
2000 4 6 23 43 24 3.8
4
EMERGENCY SERVICES
13. Have you utilized Fire Services within the past 12 months?
2004 22
16 11 Yes
84 89 No
14. Please rate your satisfaction with the following aspects of Fire Services In the Town of Vail.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Fire response time/arrival on-scene 2001 - 2 13 27 57 4.4
2000 - 1 13 30 57 4.4
Emergency medical or first aid assistance 2001 n/a
2000 - 2 5 32 61 4.5
Courtesy and attitude 2001 3 3 11 24 59 4.3
2000 1 2 9 33 55 4.4
Pubic fire safety education program 2001 n/a
2000 2 4 21 38 34 4.0
Fin: preventionrnspection service 2001 n/a
2000 3 5 20 39 34 4.0
Professional in appearance and actions 2001 n/a
2000 1 - 10 45 44 4.3
Firefighters take time to explain 2001 We
what needs to be done 2000 1 4 16 33 46 4.2
Your..,Wence in the ability of the 2001 1 1 10 34 54 4.4
Vail Fire Department 2000 - 1 12 36 51 4.4
I& Please rate your satisfaction with the following aspects of Police Services in the Town of Vail.
NOT AT ALL VERY
SATISFIED SATISFIFD MEAN
1 2 3 4 5
Overall feeling of safety and security 2001 2 3 14 42 40 4.2
2000 2 1 15 42 39 4.2
Friendliness and approachability of 2001 3 5 16 40 36 4.0
Vail police department employees 2000 3 6 16 39 36 4.0
Overall quality of service 2001 2 6 21 40 32 3.9
2000 2 3 22 44 29 3.9
Overall fairness of police employees 2001 3 10 22 38 27 3.8
2000 5 8 22 37 28 3.8
Visibility of police footWhicle patrol 2001 3 7 25 39 25 3.8
2000 3 5 21 38 33 3.9
Uniforms of police fooWehicle pat rol 2001 n/a
2000 2 2 17 40 39 4.1
Decalsisigns on police cars 2001 n/a
2000 1 2 17 39 41 4.2
5
16. Is the level of enforcement for the following too little, just about right, or too much?
TOO JUST ABOUT TOO
LLaLF RIGHT MUCjj
1 2 3
Traffic enforcement (speeding, DUI, reckless driving, etc.) 2001 n/a
2000 15 74 11
Parking enforcement 2001 n/a
2000 7 60 33
Code enforcement (signage, abandoned vehicles, etc.) 2000 n/a
2000 14 77 9
Do you have any comments or suggestions about Town of Vail fire or police services?
ANIMAL CONTROL
(Contracted from Eagle County)
17. Have you had contact with animal control within the past 12 months?
200 2000
26 21 Yes
74 79 No [SKIP TO Q. 201
18. Please rate your satlsfaction with animal control services.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Response time to complaints 2001 12 10 29 19 31 3.5
2000 17 10 24 25 24 3.3
Overall quality of service 2001 12 13 28 18 28 3A
2000 22 10 21 27 20 3.1
19. Are patrols for leash law violations too little, just right, TOO JUST TOO
or too much? LITTLE RIGHT MUCH
1 2 3
2001 n/a
2000 40 25 34
20. How Important to you is the development of a dedicated off-leash exercise area for dogs?
NOT AT ALL VERY
IMPORTANT IMPORTNAT MEAN
1 2 3 4 5
2001 24 9 12 15 41 3.4
2000 n/a
TOWN OF VAIL BUS SYSTEM AND PUBLIC PARKING
21. Have you used the TOV bus system within the past 12 months?
2009 2M
93 87 Yes
7 13 No [SKIP TO Q. 24]
6
22. Now often do you normally use the bus system?
2001 2000
21 21 Frequently-almost every day
35 33 ORen-about once a week
22 28 Sometimes-once a month or so
22 18 Rarely-less than once a month
2S. Please rate your satisfaction with bus service.
NOT AT ALL VERY
SATISFIED SATISFIEQ ANN
1 2 3 4 5
Bus driver courtesy 2001 1 6 15 42 36 4.1
2000 1 5 17 39 37 4.0
Safe driving habits of bus driver 2001 n/a
2000 2 5 17 42 35 4.0
Dependability of bus service 2001 1 4 14 43 37 4.1
2000 1 7 19 40 33 4.0
Cleanliness of buses 2001 1 5 19 49 27 3.9
2000 1 4 26 . 41 28 3.9
Cleanliness of Vail Transportation 2001 n/a
Bus Terminal 2000 2 8 22 40 27 3.8
24. Do you think the frequency of the following bus services Is appropriate?
TOO ABOUT NOT FREQUENT
FREQUENT RIGHT ENOUGH
1 2 3
Frequency of In-town shuttle 2001 - 82 18
2000 2 86 12
Frequency of outlying services 2001 - 74 26
2000 2 76 22
25. Please rate your satisfaction with public parking services in Vail.
NOT AT ALL VERY
SATISFIED SATISFIED MEAN
1 2 3 4 5
Booth attendant courtesy 2001 1 7 21 44 28 3.9
2000 4 10 28 34 24 3.7
Speed of transaction at staffed exit booths 2001 - 8 23 45 24 3.8
2000 7 11 30 35 17 3.4
Speed of transaction at automatic exit booths 2001 - 4 13 38 45 4.2
2000 5 7 21 33 33 3.8
Overall parking fees/pricing structure 2001 12 18 28 28 14 3.1
2000 20 16 27 25 12 2.9
Cleanliness and lighting of parking structures 2001 n/a
2000 7 16 34 29 13 3.3
Do you have any comments or suggestions about parking in Vail?
7
26. Over the past year, would you say the overflow parking on the frontage road in Vail has:
INCREASED STAYED DECREASED
IN VOLUME SAME IN VOLUME
1 2 3
2001 95 5 1
2000 n/a
27. To what extent, if any, has overflow parking on the front road negatively impacted you personally?
NO NEGATIVE GREAT NEGATIVE
IMPACT IMPACT MEAN
1 2 3 4 5
2001 41 10 16 20 12 2.5
2000 n/a
28. What is your initial reaction to noise-reducing walls along 1-70?
FAD IDEA GREAT IDEA MEAN
1 2 3 4 5
2001 26 12 15 14 33 3.2
2000 nla
LIBRARY
29. . Do you hold a library card in the Town of Vail?
2001 2000
70 67 Yes
30 33 No
30. Have you visited, called or e-mailed the library within the past 12 months?
2001 2000
73 64 Yes
27 36 No [SKIP TO Q. 291
31. Have you used the Community Room within the past 12 months?
2001 2000
n/a 36 Yes
64 No
32. Please rate your satisfaction with the following Vail library services and facilities.
NOT AT ALL VERY
SATISFIED SATKVIED MEAN
1 2 3 4 5
Research information 2001 n/a
2000 1 3 18 41 37 4.1
Material checkout 2001 1 1 10 30 58 4.4
2000 1 2 11 38 48 4.3
Fiction and non-fiction books 2001 1 1 12 36 49 4.3
2000 1 2 22 39 37 4.1
Magazines and newspapers 2001 1 2 9 34 54 4.4
2000 - 1 11 40 47 4.3
Alternate media including video and 2001 n/a
books on tape 2000 - 2 16 42 40 4.2
On-line databases 2001 1 4 18 41 37 4.1
2000 1 4 17 41 37 4.1
8
Youth materials 2001 1 3 7 38 50 4.3
2000 1 2 25 35 37 4.1
Youth programs 2001 n/a
2000 2 1 21 35 40 4.1
Parking/ access 2001 12 14 26 27 21 3.3
2000 10 14 27 27 22 3.4
33. Over the past two years, has the sense of community within the Town improved, stayed the same, or gotten worse?
2000 1999
18 14 Improved
40 39 Stayed the same
32 36 Gotten worse
10 11 Don't know/no opinion
34. Are there any actions the Town could take to encourage you to attend Town Council meetings?
ABOUT YOU
Please provide the following demographic information. Please remember that all responses remain strictly confidential and
are reported only in group format.
35. Where is your residence within the Town of Vail located?
2001 2000
20 24 East Vail
4 4 Booth Falls/ Bald Mountain Road areas
- 1 Booth Creek/Aspen Lane
5 5 Golf Course
7 7 Vail Village
6 5 Lionshead
10 9 Potato Patch, Sandstone
4 8 Buffehr Creek, Lionsridge, the Valley
3 3 Vail Commons/Safeway area
11 4 West Vail (north of 1-70)
8 11 Matterhorn, Glen Lyon
8 7 Intermountain
9 8 Not a resident of the Town of Vail
6 6 Other:
36. What is your employment status? .
am 2000
66 70 Employed full time
13 10 Employed part time
21 19 Not employed (SKIP TO Q. 3q
9
IF EMPLOYED
37. Do you work within Town of Vail boundaries?
2001 2000
62 66 Yes
38 34 No
38. How do you typically travel to work?
3=444
10 10 Foot/walk
10 9 Bus
1 1 Bike
72 .75 Car/truck
8 5 Other:
39. Do you have any of the following Town of Vail parking passes?
2001 2000
n/a 21 Blue Card
8 Gold Card
72 Value
Do not own / no response
40. Do you own or rent your residence?
2001 2000
79 80 Own
18 18 Rent
3 2 Other (specify)
41. How long have you lived within the Town of Vail (or owned property if a non-resident)?
2001 2000
3 4 Less than 1 year
29 25 1-5 years
33 33 6-15 years
35 37 More than 15 years
41 Do you have computer access to the Internet?
22,01 2000
n/a 85 Yes
15 No [SKIP TO Q. 40]
43. How often do you go online?
2001 2000
n/a 75 Every day or almost every day
18 . At least once a week
4 Once every couple of weeks
1 Monthly
2 Rarely
10
44. Which of the following best describes you?
2401 2444
2 7 Non-resident owner of business/commercial property [SKIP TOO. 421
69. 68 Year-round resident (12 months/year)
28 25 Seasonal resident
45. (IF RESIDENT) Do you own or operate a business within the Town of Vail?
2001 2000
15 22 Yes
85 78 No
46. Are you a registered voter in Vail?
2001 2000
59 57 Yes
41 43 No
47. Which of these categories best describes your household status?
2441 2000
26 30 Single, no children
26 24 Couple, no children
24 22 Household with children
24 25 Empty-nester, children no longer at home
46. Do you have additional comments or suggestions for the Vail Town Government?
Thank you for your participation in our continuing evaluation prob. a....
Your input is extremely important
Note If other adults in your household want to complete the survey,
call toll free (888) 449-4772, ext. 200, to make arrangements for an additional survey form.
For your information, the following e-mail and telephone numbers can be used to contact your
Town Council or Town Manager. We invite additional comments or suggestions.
towncouncil cD..ci.vail.co.us
website: httD:l/ci.vail.co.us
council 24-hour voice mail: (970) 479-1860
town manager's phone: (970) 479-2105
town manager's e-mail: mclaurin(cDvail.net
Slworddocs%VA0.1T0WM20011T0V 2001%.DOC
11
Town of Vail Community Survey-2001: Satisfaction Ratings
Library
PARKPKU ACCESS 3.31
I i
FICTION AND NONFICTDN BOOKS 44
YOUTH MATERIALS 4.3
NAGADNES AND NEWSPAPERS 4.4
NATERNL CMECKCUT 4.5
OVERALL PARKING FEESPRICIND STRUCTURE 3.1 Parking
SPEED OF TRANSACTION AT STAFFED EMT BOOTHS 3.8 I
BOOTH ATTENDANT COURTESY 3.9
SPEED OF TRANSACTION AT AUTOMATIC EMT BOOTHS 4.3
I
Bus System
CIEARLIMESS GF BUSES 4.0
BUS DRIVER COUNTESY 4.1 I
DEPENDABSITY OF BUS SERVICE 4.1
LEVEL OF ENFORCEMENT: OVERALL OUALITY OF SERVK 3.4 Animal Control
RESPONSE TN,E TO COMPLAINTS !3.S
,
Emergency Services - Police
VISIBILITY OF POLICE FOOTAIEHICLE PATROL 3.8
OVERALL FAIRNESS OF POLICE ENPLOYEES 3.8
OVERAIL OUALITYOF SERVICE 3.9
FRIENDLINESS 6 APPROACHUBILITY OF VAE POLK:E DEPT. 4.0
OVERALL FEELNN6 OF SAFETY AND SECURITY 4.2
Emergency Services - Fire
CONFIDENCE IN THE ABBITY OF THE VAIL FIFE DEPARTNENT 4.4
COURTESY AM ATTITUDE 4.3
FINE RESPONSE T NXUARRIVAL ONSCENE 4.4
Public Works
CLEANLINESS OF PEDESTRIAN VILLAGES 3.8
APPEARANCE AND CONDITION OF TOWN OWNED BUILDINGS 3.8
3.8
ROAD AND STREET MAINTENANCE BY THE TOWTN OF VAIL
FRIENDLI ESS OF PUBLIC VDRKS EMPLOYEES 4.0
OVERALL PARK MAINTENANCE Q•1
SNOW RENO-Di. TOWNOF VAILROADS 4.3
SNOW REMOVAL ON THE FRONTAGE ROARS 4.4
Community Development
BUILDING PERMIT REVIEW AND INSPECTICHS 3.3 j
OVERALL SERVICE AND EFFICIENCY 3.5 I
COURTESY AND ATTITUDE 3.9
General Administration
i
GENERA. ADMINISTRATION 3.8I
M NIOPAL COLPT 3.8
Government
TOWN OF VAIL STAFF ` 3.7 j i
C\IRRENT TOWN COUNCN 3.2
1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0
Town of Vail Community Survey-2001: Satisfaction Ratings
8.3 Library
PARKINW ACCE%~
FICTION MID NONFICTION DODRS 4.3
roIRN WTERWE 4.3
M rA.2NES AND NEWSPAPERS MW04.4
FAAMINL CHECKOUT Mlim •Y.5
OWE PA NOFEESNRICMSTRUCTURE 3.1 Parking
SPEED OF TRANSACTIN AT STAFFED EAT SOOTNS 0.8
BOOTH ATIBNDMFT COURTESY J.9
SPEED OF TRANSACTION AT AIROF MEXIT BOOTHS 4.3
Bus System
CLEANLINESS OF BUSES 4Q
BUS DRNER COURTESY 4.1
OEPENDABKIN OF BUS SERVICE 4.1
Animal Control
LEVEL OF ENFORCEMENT: OVERAL QUALITY OF SERVICE Ml1MM 3.4
RESPONSE Tuff TO COMPLAINTS r III J.5
Emergency Services - Police
MSR.ITY OF POLICE FOOTIVEHICLE PATROL J.8
OVERALL FAIRNESS OF POLICE EMPLOYEES 3.8
OVERALL QUALITY OF SERVICE ' F
3.9
FRIENDLINESS S APPROACLMBILUY OF VAE MICE DEPT. 4.0
OVEMLFEELINOOFSAFETYANDSECLSM 4.2
Emergency Services - Fire
CONFIDENCE N THE AI LITY OF TLE VAS FIRE DEPARTMENT 4.4
COURTESYANDAT E 4.3
FIRE RESPONSE TUMNARRNAL ONBCETE 4.4
Public Works
CLEANLNESS of PEDESTRVN VIU S MOMEMMMW 3.8
APPEARANCE AND .......,...OF TDWN OWNED BMLDINGS J.8
ROAD AND STREET MAWSW CE BY THE TOWN OF VAIL J.S
FRENDL.IFESS OF PUBLIC WOPHM EMPLOYEES 4.O
OVERALL PARK MA04TEMANCE 4.1
snow RFAFOVAL aN towx oP vuL ROADS 4.3
BI+oA/ PEMOVAI oN THE FRdITAOE ROADS 4.4
Community Development
SURDNGMPNIT REVEW AND NSPECTKINS 3.3
OVERALL SERVICE AND EFFICIENCY 3.5
COURTESY AND ATTITUDE 3.9
General Administration
GENERAL AOMMSSTRATMI 3.8
MLM ALCOLw 3.8
Government 1132000 - Average
TOWN OF VML STAFF ¦2001 -Average
CURRENT TOWN COUNCIL 7
1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0
Town of Vail Community Survey-2001:
Rate Satisfaction with Town of Vail's Government
5.0- 100%
E2001 - Percent Responding "1" or "2"
E2001 - Percent Responding "4" or "5" 90%
4.5 02001 -Average
m +2000-Average 180%
a
m 67% 70k
3.7
ii
N
9 3.5 60% v
3.2 $
N 3.0 50%
R e
« 41% m
0 40%
Z 2.5
30%
e
2.0 21%
W 20%
m
o
1.0 0%
CURRENT TOWN COUNCIL TOWN OF VAIL STAFF
Town of Vail Community Survey-2001:
Rate Importance of Issues
Average Rating (1='Not at All Important'; 5="Very Important")
1.0 2.0 3.0 4.0 5.0
PROTECTION OF 4.6
VAIL'S 1 % ENVIRONMENTAL 91%
RESOURCE
77
CONSTRUCT/MAINTAIN 3% ! 4.3
PUBLIC 85%
INFRASTRUCTURE
I
IMPROVEMENT OF 4.3
50~
SENSE OF $2%
COMMUNITY IN VAIL
i
IMPROVING VARIOUS 6% I 2
MODES OF 7%
TRANSPORTATION I
SUSTAINING 9% 4.1
ECONOMIC VIABILITY
OF BUSINESSES
I ~
FACILITATING RANGE 3.9
15%
OF HOUSING 69%
OPPORTUNITIES
I'
3.9
PROVIDING AN
ABUNDANCE OF 11%
ALI
RECREATIONAL 6$%
OPPORTUNITIES
I
PROVIDING AN 3.84
ABUNDANCE OF 10%
CULTURAL 64%
OPPORTUNITIES '
PROVIDING AN 3.6 • Pncer.=ec»xir~'a' i'"3'
ABUNDANCE OF 16% gam"' K+~ia.
EDUCATIONAL 56%
OPPORTUNITIES
0% 20% 40% 60% 80% 100%
Percent Responding
Town of Vail Community Survey-2001:
Rate Effectiveness of Town of Vail in Addressing these Issues
Average Rating (1="Not at All Effective'; 5="Very Effective")
1.0 2.0 3.0 4.0 5.0
PROVIDING AN 3,7
ABUNDANCE OF 9%
RECREATIONAL p
64%
OPPORTUNITIES
i
CONSTRUCTIMAINTAIN 7% 3.6 j
PUBLIC
INFRASTRUCTURE 58% i
I
IMPROVING VARIOUS 11% 3.8
MODES OF Jr
TRANSPORTATION 58%
1
PROVIDING AN 3.4
ABUNDANCE OF 16%
CULTURAL 48%~
OPPORTUNITIES
PROTECTION OF
3.4
VAIL'S 15%
ENVIRONMENTAL 49%
RESOURCE /
PROVIDING AN 3.1
ABUNDANCE OF 21°k
EDUCATIONAL 31%
OPPORTUNITIES
IMPROVEMENT OF 29% 2.9
SENSE OF
COMMUNITY IN VAIL 29%
i
02Q'. Nice -r Zimorkdrig
•',.a'`3".
SUSTAINING 32%2.9 ¦2W* - Pacer =c>>axtrjG v "!i-W
ECONOMIC VIABILITY •mr • k.-elo e
OF BUSINESSES 25% -W n -.exlzx
99 i
FACILITATING RANGE C'9
34
OF HOUSING io
OPPORTUNITIES 28%
0% 20% 40% 60% 80% 100%
Percent Responding
Town of Vail Community Survey-2001:
Rate Satisfaction with General Administration
5.0- 100%
02001- Percent Responding "1" or 12"
02001- Percent Responding "4" or "5" 90%
4.5 - 02001 -Average _
+2000 - Average
80%
4.0
d 3.8 67% 3.8 68°10 70%
3.5 60%
C
m o
CL
m - m
U) 3.0 50%
- ~
c
~ 40% m
o a
_
"it
30%
co
2.0-
20%
m
1.5 Mik . . . . . 10%
1.0 1 10%
MUNICIPAL COURT GENERAL ADMINISTRATION
Town of Vail Community Survey-2001:
Rate Satisfaction with Community Development
5.0 100%
E2001- Percent Responding "1" or "2"
02001 - Percent Responding "4" or "5"
4.5 02001 -Average I 90%
+2000 -Average
U) 80%
4.0 3.90 70116
~
T1 70%
- 3.5 _._........_3.5...6...........__._._..............
3.34 60% .-o
m 51% oa
3.0
~
Q 46% 50% 11
m
a 40% m
2.5
ii 0.
C 30%
1 2.0 21
17% 20%
12%
a 1.5
10%
1.0
COURTESY AND A i i UDE OVERALL SERVICE AND BUILDING PERMIT REVIEW AND
EFFICIENCY INSPECTIONS
Town of Vail Community Survey-2001:
Rate Satisfaction Public Works
5.0- 100%
~2001 - Percent Responding "1" or "2"
89% -2001 - Percent Responding "4" or "5" 90%
m 4.5 4.4 R5o/, 1-2001 -Average
rF 4.3 80% I + 2000 - Average
a 80%
w 4.1 4. 73%
Z. 4.0 169%
3.8 3.8 63/0 3.8_1 70%
° 63%
YY 9
c
o
a a
o m
Q c
0 40% m
z 2.5 a
n
30%
a 2.0
m 20%
a
Q 1.5 10%
8/0 0 9% 10%
2% 4% 4% 4%
1.0 0%
SNOW REMOVAL ON SNOW REMOVAL ON OVERALL PARK FRIENDLINESS OF ROAD AND STREET APPEARANCE AND CLEANLINESS OF
THE FRONTAGE TOWN OF VAIL MAINTENANCE PUBLIC WORKS MAINTENANCE BY CONDITION OF TOWN PEDESTRIAN
ROADS ROADS EMPLOYEES THE TOWN OF VAIL OWNED BUILDINGS VILLAGES
Town of Vail Community Survey-2001:
Rate Satisfaction with Fire Services
5.0 100%
~o
m °
N 4.5- 4.4 85°l0 4.4 89 /0 90%
W
4.3
4.0 . 80%
70%
9 3.5 _ c
60% o
3.0
Q E2001- Percent Responding "1" or "2"
a N2001 - Percent Responding "4" or "5" 40%
Z 2.5 02001-Average - `m
+2000 - Average a
30%
2.0
20%
6%'- 10%
2% 2%
a 1.0 0%
FIRE RESPONSE TIMEIARRIVAL ON- COURTESY AND ATTITUDE CONFIDENCE IN THE ABILITY OF THE
SCENE VAIL FIRE DEPARTMENT
t
Town of Vail Community Survey-2001:
Rate Satisfaction with Police Services
5.0- .100%
M2001 - Percent Responding "1" or "2"
02001 - Percent Responding "4" or "5" 80%
4.5 82% 02001 -Average
+2000 - Average
y 4.2 76% 80%
m 4.0 4.0... 3.9071%
:a 1111111=1 3.8665% 3.8 65% 70%
3.5 o,
y CCp
R O.
3.0 50% d
a ~
is m
0 40% ro
z 2.5 - o.
ii
a ~ 30%
2.0 _
m 20%
W 13%
Q 1.5 8%....... ...._.....10%_..
7% 10%
1.0 0%
OVERALL FEELING OF FRIENDLINESS & OVERALL QUALITY OF OVERALL FAIRNESS OF VISIBILITY OF POLICE
SAFETY AND SECURITY APPROACHABILITY OF SERVICE POLICE EMPLOYEES FOOTIVEHICLE PATROL
VAIL POLICE DEPT.
Town of Vail Community Survey-2001:
Rate Satisfaction with Animal Control
5.0- 100%
02001 - Percent Responding "1" or "2"
02001- Percent Responding "4" or "5" 90%
b 4.5 02001 -Average
m +2000 - Average
U)
R 80%
a
U' 4.0
70%
it
3.5 d.5..¢ 3.4 60%
o
N 3.0 ..-.._..__.49%..----..................... _......__.._.46%..__........_...... 50%
a m
c 40%
_ d
it
O1 25% 30%
R 2.0 j22~
m 20°/0
R
m
.
a 10%
1.0 0%
RESPONSE TIME TO COMPLAINTS LEVEL OF ENFORCEMENT: OVERALL QUALITY OF
SERVICE
Town of Vail Community Survey-2001:
Rate Satisfaction with Bus System
100%
5.0 -
m 90%
_ .
81 /0 78% 75% 80%
Z' 4.1
> 4.0 4.1 4.0 70%
oA
c
_ _ 60%
a y
50% m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.0
4 02001 - Percent Responding "1" or "2"
40%
¦2001 -Percent Responding "4" or "5" m
2.5 02001 - Average o d
i 30/o
+2000 - Average
D, 2.0 20%
c
a 1.5 7% 6% 10%
5%
0%
~ 1.0
DEPENDABILITY OF BUS BUS DRIVER COURTESY CLEANLINESS OF BUSES
SERVICE
Town of Vail Community Survey-2001:
Rate Satisfaction with Parking
5.0- -100%
¦2001 - Percent Responding "1" or "2"
02001 - Percent Responding "4" or "5" 90%
4.5 oa 70 02001- Average
+2000 - Average
in 4.3 80%
1
2, 4.0 - - --....._72%
3.9 3.8 69% 70%
- Im
c
60%
m v
3.1 C
v, 3.0 50%
Q 42% c
~ m
6 40% m
? 2.5 d
i~ 31
30%
m~ 20%
La
10/o
a> 1.5 4°k -....8/0 ° 8% o
1.0 0%
SPEED OF TRANSACTION AT BOOTH ATTENDANT COURTESY SPEED OF TRANSACTION AT OVERALL PARIONG
AUTOMATIC EXIT BOOTHS STAFFED EXIT BOOTHS FEESIPRICING STRUCTURE
Town of Vail Community Survey-2001:
Over the past year, would you say overflow parking on the frontage road in vail has...
100%- 94.5%
90%
80%
.
cm 70%-
c
c 60°!0
0
C.
m 40%
L
a 30%
20%
10%
0.8%
Increased in Volume Stayed the Same Decreased in Volume
Town of Vail Community Survey-2001:
Rate Extent Overflow Parking on Frontage Road Impacted You Personally
5.0- 100%
2"
02001 - Percent Responding "1" or"
02001 - Percent Responding "4" or "5" 90%
C
E 4.5 02001 - Average
80%
~v
Z 70%
m
° e
u 3.5 --60%
9
0
51% C
3.0 .50%
' 40% m
z 2.5 5 32%
z 30%
it
C; 2.0-
20%
1.5 10%
m
1.0-1 0%
TO WHAT EXTENT, IF ANY, HAS OVERFLOW PARKING ON THE FRONTAGE ROAD NEGATIVELY IMPACTED
YOU PERSONALLY?
Town of Vail Community Survey-2001:
Ratings of Initial Reaction to Placement of Noise Walls Along 1-70
5.0- 100%
02001 - Percent Responding "1" or "2"
82001 - Percent Responding "4" or "5" 90%
4.5 02001 -Average
80%
9 4.0
w 70%
m
3.5 60% S
- _
0
m 3.2
v 47% 50% m
3.0-
m ~
m
38% 40%
to 2.5 _
30%
t
m 2.0
a' 20%
1.5
i0%
1.0 0%
INITIAL REACTION TO NOISE REDUCING WALLS ALONG I-70?
I
MEMORANDUM
TO: Town Council
FROM: Department of Community Development
DATE: September 18, 2001
SUBJECT: Change to Ordinance No. 24, Gateway SDD, to allow the owner to construct up
to 9 dwelling units.
Owner: Mountain Owners, L.P.
Applicant: Timberline Commercial Real Estate, represented by Braun
Associates, Inc.
Planner: Allison Ochs
The applicant for the Vail Gateway proposal has requested a change to Ordinance No. 24, Series
of 2001, regarding flexibility in the allowable number of dwelling units. The applicant's original
proposal was to have an allowable density of 9 dwelling units (7 existing, 2 proposed). The change
would allow the applicant to construct up to 9 dwelling units (7 existing, 1 proposed). Without this
change, should the applicant choose to construct only 8 dwelling units, the elimination of the ninth
dwelling unit would be considered a major amendment to the special development district. The
change allows the applicant some flexibility with regard to the number of dwelling units. The total
denisty allowed could not exceed 9 dwelling units.
At first reading, the ordinance stated:
F. Density - The density allowed in Special Development District No. 21 shall be 9
dwelling units consisting of not more than a total of 17,160 sq. ft. of GRFA.
One of the owners in the building has requested to expand into the area proposed for a new
dwelling unit. At this time, the owner has not made a definite decision on the matter. The applicant
would like to request the flexibility to add only one new dwelling unit, instead of the two originally
proposed. Therefore, the language has been amended as follows:
F. Density - The density allowed in Special Development District No. 21 shall be up to
9 dwelling units consisting of not more than a total of 17,160 sq. ft. of GRFA. If less
than 9 dwelling units are constructed on site in the initial phase of
construction, then the developer shall be required to submit a revised
development plan for any subsequent phases of construction. The applicant
shall submit revised plans for review and approval by the Town of Vail, prior
to application for a building permit. The revised plans shall be adopted as part
of the approved development plan.
SEP-13-2001 08:41 FROM:BRAUN ASSOCIATES 9709267576 TO:9704792452 P.001/001 1
BAI/IRRAI.IN ASSOCIATES, NC.
PLANNING and COMMUNITY DEVELOPMENT
September 12, 2001
Allison Ochs, ATCP
Planner 2
Town of Vail
75 S. Frontage Road
Vail, CO 81657
Re: Ordinance 24, Scries of 2001- Gateway Building
Dear Allison:
Thank you for considering our verbal request to add language to the ordinance that ensures
flexibility with the uses in the Gateway Building.
To recap our conversation, the applicant would like the phrase "up to" be added to the density
section of the ordinance to allow "up to 9 dwelling units." The reason we have requested this is
so that if the applicant decides now or in the .future to change the use of residential space to
another use like office use or otherwise develop fewer than 9 dwelling units, he is able to do that
without going through the major SDD amendment process. This change is consistent with the
applicant's objective from the beginning of this process to create flexibility for uses on this site.
Any change of use would have to comply with the underlying zoning of Commercial Service
Center and the Town's standards.
We believe this change is consistent with Town objectives.
Thanks again for your help. W -
s' y
im F. Mauriello, A1CP
Edwwards Village Center, Suite C-204 Ph. - 970.926.7575
0105 EdvwardsVillage Boulevard Fax - 470.926.7576
Post Office Box 2658 wwwbraunassixiates.com
Edwards. Colorado 81632
ORDINANCE NO. 24
SERIES OF 2001
AN ORDINANCE REPEALING AND RE-ENACTING ORDIANCE NO. 9, SERIES OF 1988 AND
ORDINANCE NO. 17, SERIES OF 1996, PROVIDING FOR THE MAJOR AMENDMENT OF
SPECIAL DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY, TO ALLOW FOR THE CHANGE
IN THE UNDERLYING ZONING OF COMMERCIAL CORE 1 TO COMMERCIAL SERVICE
CENTER; AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 21, VAIL GATEWAY; AMENDING TITLE 12, CHAPTER 7,
ARTICLE E, SECTION 4, TO ADD "PRIVATE CLUB" AS A CONDITIONAL USE IN THE
COMMERCIAL SERVICE CENTER ZONE DISTRICT; AMENDING TITLE 12, CHAPTER 2,
SECTION 2, TO ADD A DEFINITION OF PRIVATE CLUB; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, in 1988, the Vail Town Council adopted Ordinance No. 9, Series of 1988,
establishing Special Development District No. 21, Vail Gateway and, in 1996, the Vail Town
Council adopted Ordinance No. 17, Series of 1996, amending Special Development District No.
21, Vail Gateway; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Mountain Owners, L.P., as owner of the property, and represented by
Timberline Commercial Real Estate, has submitted an application for a major amendment to
Special Development District No. 21, Vail Gateway, a text amendment to the Town code, and a
zoning map amendment; and
WHEREAS, the purpose of this ordinance is provide for a major amendment to Special
Development District No. 21, Vail Gateway, to amend the Approved Development Plans, and to
allow for the change in the underlying zoning from Commercial Core I to Commercial Service
Center, to adopt amendments to Sections 12-7E-4 and 12-2-2 of the Town Code to allow for
private clubs as a conditional use in the Commercial Service Center zone district and to provide a
definition thereto; and
WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the
Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 9, Series of
1988 and Ordinance No. 17, Series of 1996, to provide for such changes in Special Development
District No. 21, Vail Gateway; and
WHEREAS, the revised major amendment to the Special Development District is in the
best interest of the town as it meets the Town's development objectives as identified in the Town
of Vail Comprehensive Plan; and
WHEREAS, the approval of the major amendment to Special Development District No. 21,
Vail Gateway, and the development standards in regard thereto shall not establish precedent or
entitlements elsewhere within the Town of Vail; and
Ordioaoce No. 24, Series of 2001 09/13/01
1
WHEREAS, the Town Council finds that the underlying zoning designation of Commercial
Service Center is compatible with and suitable to adjacent uses, is consistent with the Town's
Land Use Plan and Zoning Regulations, and is appropriate for the area; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application,
zoning map amendment, and text amendments to the Town Code on July 23, 2001; and
WHEREAS, all public notices as required by the Town of Vail Code have been published
and sent to the appropriate parties; and
WHEREAS, the Planning & Environmental Commission has recommended approval of the
major amendment to Special Development District No. 21; has recommended approval of this
zoning map amendment; has recommended approval of the proposed text amendments to
Sections 12-7E-4 (Conditional Uses) and 12-2-2 (Definitions) of the Town, and has submitted its
recommendations to the Town Council; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to approve the major amendment and adopt the revised Approved
Development Plan for Special Development District No. 21, Vail Gateway; to amend to Town of
Vail Official Zoning Map; and to adopt the proposed text amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 9, Series of 1988, and Ordinance No. 17, Series of 1996, are hereby
repealed and reenacted, as follows:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 24, Series of 2001, is to provide for a major amendment to
Special Development District No. 21, Vail Gateway, to allow for a change in the underlying zoning
from Commercial Core I to Commercial Service Center; and to adopt revised Approved Development
Plans for Special Development District No. 21, Vail Gateway; and to adopt amendments to Sections
12-7E-4 and Section 12-2-2 to allow for private clubs as a conditional use in the Commercial Service
Center zone district and to provide a definition thereof.
Section 2. Amendment Procedures Fulfilled. Plannina Commission Reoort
The approval procedures described in Section 12-9A-10 of the Vail Municipal Code have
Ordinance No. 24, Series of 2001 09/13/01
2
been fulfilled, and the Vail Town Council has received the recommendation of the Planning &
Environmental Commission for a major amendment to the Approved Development Plan for Special
Development District No. 21, Vail Gateway. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A-10 of the Vail Municipal
Code.
Section 3. Amendina the Underlvina Zonina of Special Development District No. 21 from
Commercial Core I to Commercial Service Center
The Official Zoning Map of the Town of Vail is hereby amended as follows:
The Vail Gateway, located at the Vail Gateway Building, 12 Vail Road / a portion of Lot N and a
portion of Lot O, Block 5D, Vail Village 1 sc Filing, as indicated in Exhibit A shall be rezoned Special
Development District No. 21 with an underlying zoning of Commercial Service Center District.
Section 4. Special Development District No. 21
The Special Development District and the major amendment to the Approved Development
Plan are established to ensure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 21 is regarded as being complementary to
the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been established since there are significant aspects of the Special Development District that cannot
be satisfied through the imposition of the standard Commercial Service Center zone district
requirements.
The Special Development District is hereby amended to assure comprehensive development
and use of the area in a manner that would be harmonious with the general character of the Town,
provide adequate open space and recreation amenities, and promote the goals, objectives and
policies of the Town of Vail Comprehensive Plan.
Section 5. Development Standards -Special Develop, ment District No. 21. Vail Gatewav
The Town Council finds that the amended development plan for Special Development
District No. 21 meets each of the standards set forth in Section 12-9A-10 of the Municipal Code of
the Town of Vail. In accordance with Section 12-9A-10, the amended development plan for
Special Development District No. 21 is approved and Special Development District No. 21 is
Ordioaoee No. 24, Sens of 2001 09/13/01
3
hereby approved. The amended approved development plan is comprised with those plans
submitted by Buff Arnold, Ned Gwathmey, and Steve Riden, and consists of the following
documents:
1. Site plan, dated March 28, 1988
2. Floor plans, dated March 28, 1988 and revised (partial) plans dated February 28,
1996, and revised plans dated (June 7, 2001).
3. Elevations dated March 28, 1988 and revised (partial) plans dated February 28,
1996.
4. Landscape plan dated March 28, 1988
5. Special Development District application and Environmental Impact report as
prepared by Peter Jamar Associates, Inc., dated January 1988, and revised March
9, 1988.
6. Parking Management Plan as prepared by Braun and Associates, Inc., dated
August 13, 2001.
Section 6. Aaaroved Development Standards
. The development standards for Special Development District No. 21 are approved by the
Town Council as part of the approved development plan and as follows:
A. Setbacks - Setbacks shall be as indicated on the site plan set forth in Section 5 of
this Ordinance and as indicated below:
West: 18 ft. South: 20 ft.
East: 1 ft. North: 15 ft.
B. Building height - Building Height shall be as indicated on the elevations and roof
plan set forth in Section 5 of this Ordinance, and not to exceed 54 ft.
C. Site Coverage - Site coverage shall be as indicated on the site plan set forth in
Section 5 of this Ordinance, and not to exceed 64% or 15, 459 sq. ft.
D. Landscaping - The area of the site to be landscaped shall be as generally indicated
on the preliminary landscape plan set forth in Section 5 of this Ordinance, and not
less than 5.4% or 1,309 sq. ft.
E. Parking - Parking demands of this development shall be in accordance with the
developer's proposal to provide 93 parking spaces and as set forth in Section 5 of
this Ordinance.
F. Density - The density allowed in Special Development District No. 21 shall be up to
Ordinance No. 24, Series of 2001 09/13/01
4
9 dwelling units consisting of not more than a total of 17,160 sq. ft. of GRFA.
If less than 9 dwelling units are constructed on site in the initial phase of
construction, then the developer shall be required to submit a revised
development plan for any subsequent phases of construction. The applicant
shall submit revised plans for review and approval by the Town of Vail, prior
to application for a building permit. The revised plans shall be adopted as
part of the approved development plan.
Section 7. Permitted. Conditional. and Accessorv Uses
The uses of Special Development District No. 21 are uses permitted by right, conditional
uses or accessory uses in the Commercial Service Center zone district. The permitted uses in the
Special Development District shall be the same as those uses permitted in Section 12-7E-3 of the
Commercial Service Center zone district. Conditional uses in the Special Development District
shall be the same as the conditional uses listed in Section 12-7E-4 of the Commercial Service
Center zone district, and accessory uses in the Special Development District shall be the same as
the accessory uses listed in Section 12-7E-5 of the Commercial Service zone district.
Section 8. ADDroval Aareements for Special Develooment District No. 21. Vail Gatewav
1. That the applicant completes each of the items listed below regarding basic
maintenance and improvements prior to the issuance of a T.C.O. for any of the
units (residential or office) within the Gateway:
a. All of the signs for the businesses that are no longer located within
the building shall be removed.
b. The sidewalk on the north side of the building shall be repaired
c. The floodlights on the northwest corner of the building shall be
removed.
d. The stairwell on the east side of the building shall be cleaned and
repaired.
e. The lattice on the east side of the building shall be repaired.
2. That the Developer coordinate efforts with the owners of Vail Plaza Hotel to
create a below ground access for loading and delivery to the Gateway from
the Vail Plaza Hotel to resolve potential loading and delivery concerns at the
Gateway. If a coordinated effort can be reached the Developer shall submit
Ordi-No. 24, Series of 2001 09/13/01
5
revised plans to the Town of Vail Community Development Department for
review and approval, prior to the issuance of a building permit.
Section 9. Amendment to the Commercial Service Center Zone District
Title 12, Chapter 7, Article E, Section 4, is hereby amended as follows:
(Text that is to be added has been underlined.)
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Private clubs
Section 10. Amendment to the Defininitions Chanter of the Zonina Reaulations
Title 12, Chapter 2, Section 2, is hereby amended as follows:
(Text that is to be added has been underlined.)
12-2-2: DEFINTIONS:
PRIVATE CLUB: an association of persons and its premises who are bonafide
members Davina dues. use of such premises beina restricted to members
and their auests.
Section 11.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 12.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Ordinance No. 24, Series of2001 09/13/01
6
Section 13.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL ON FIRST READING this 4th day of September, 2001, and a public hearing for second
reading of this Ordinance set for the 18th day of September, 2001, in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of
September, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordio a No. 24, Seim of 2001 09/13/01
7
ORDINANCE NO. 27
Series of 2001
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL
IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP;
REZONING LOTS 1-4, VAIL MEADOWS FILING 2 AND LOTS 15 AND 16, BIGHORN
SUBDIVISION SECOND ADDITION TO "NATURAL AREA PRESERVATION DISTRICT";
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council finds that this zoning designation is compatible with and
suitable to adjacent uses, is consistent with the Town's Comprehensive Plan and Zoning
Regulations, and is appropriate for the area; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this zoning map amendment at its August 27th public hearing, and has
submitted its recommendation to the Town Council; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent
to the appropriate parties; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The Official Zoning Map of the Town of Vail is hereby amended as
follows:
Lots 1-4 in the Vail Meadows Filing 2 subdivision shall be rezoned to Natural Area Preservation
District (NAPD), in accordance with the attached map Exhibit A.
Section 2. The Official Zoning Map of the Town of Vail is hereby amended as
follows:
Lots 15 and 16 in the Bighorn Second Addition Subdivision shall be rezoned to Natural Area
Preservation District (NAPD), in accordance with the attached map Exhibit B.
Section 3. 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 4. 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18TH day of September, 2001 and a
public hearing for second reading of this Ordinance set for the second day of October, 2001, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this second
day of October, 2001.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
5111 , 15 1-5 5187 6
5161 5 3 5109 5135 i 5175 5197
1 5113 16 17 8 HEATHER OF VAIL
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2 5087 5107 DR 7
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s
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28 5104 5136 AIL
,Z, 6
50 8V M 5095 Fl C4OJS~t 10 5202 25210 Lots 1 =4
27 5142 7
26 5035 11 10 5211 Vai I Meadows Fi I i ng 2
25 5053 5148 5211
5033 11
12
5154 5213 12
SNo\X'sHOE LN 5215
13 / 15
20 5155 5164/ 5184
/ 22 21 / 14
5132 5142 19 ; 5174
5165 16
5194
5004 5176
18 17
5195
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N
Exhibit B
Lots 15 & 16, Bi hom Sub. Second Addition
3797
5
6 391
3
3786 2
,807 90
7 2 3
3776 3827 3921
\ \ PITKIN CRE
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4 3977
a
RESOLUTION NO.5
SERIES OF 2001
A RESOLUTION AMENDING THE TOWN OF VAIL LAND USE PLAN,
CHANGING THE LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL"
TO "OPEN SPACE" FOR LOTS 1-7 AND LOT 12, VAIL MEADOWS FILING 2
AND LOTS 15 AND 16, BIGHORN SUBDIVISION SECOND ADDITION,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 3-2-6 of the Municipal Code of the Town of Vail provides that the
Planning and Environmental Commission shall make and adopt a Master Plan for approval by
the Town Council for the physical development of the town; and
WHEREAS, conditions and policies in the Town of Vail have changed since the Vail
Land Use Plan was originally adopted in 1986; and
WHEREAS, the adopted Town of Vail Comprehensive Open Lands Plan identifies the
properties to be considered as environmentally sensitive areas; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this amendment at its August 27th public hearing, and has submitted
its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the Town of Vail Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The Town Council finds the procedures for amending the Land Use Plan, asset
forth in Chapter VIII, Section 3 of the Land Use Plan, have been satisfied.
2. The Town Council hereby amends the Land Use Plan:
A. Changing the Land Use Designation from "Low Density Residential" to "Open
Space" on Lots 1-7 and Lot 12, Vail Meadows Filing 2 (property more
particularly described on Exhibit A), and
B. Changing the Land Use Designation from "Low Density Residential" to "Open
Space" on Lots 15 and 16, Bighorn Subdivision Second Addition (property
more particularly described on Exhibit B).
INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of September, 2001.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
4 51 TRACTA
3 I 5151 13
e~c~8 5129 14 1-4
/
3 7 1 ~~k 5133 5177 5
8 5111 2 ~Y 15 1-5 5187 6
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4 A ON 5137 1
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4
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27
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25 Vai l Meadows Fi I mg 2
5148 to 5111
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Exhibit B
Bighom Sub. Second Addition
Lots 15 & 16,
3797 \
5 391
6 3
3786 2
3807 90
7 2 T~9cT 3
3776 3827 q \ \ / 3921\
\ PIINN CRE
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A
r
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: August 27, 2001
SUBJECT: A request for a final review and a recommendation to the Vail Town Council on a
proposed amendment to the Vail Land Use Plan to allow for a change from a
"Low Density Residential" land use category to an "Open Space" land use
category, located at 5206-5215 Black Gore Drive / Lots 1-7 and Lot 12, Vail
Meadows Filing 2; and a request for a final review and a recommendation to the
Vail Town Council on a proposed rezoning from "Agriculture and Open Space" to
"Natural Area Preservation District," located at 5206-5207 Black Gore Drive / Lots
1-4, Vail Meadows Filing 2.
Applicant: Town of Vail
Planner: Brent Wilson
1. DESCRIPTION OF THE REQUEST
This application involves two requested actions:
¦ Amending the Vail Land Use Plan to bring certain land use designations into
conformance with other elements of the Vail Comprehensive Plan.
¦ Rezoning Lots 1-4 within the Vail Meadows Filing 2 subdivision to bring the zoning
into conformance with existing land uses and designations within the Vail
Comprehensive Plan.
This application only involves lots owned by the Town of Vail. No private lots will be
impacted by the proposed rezoning and Land Use Plan amendments.
II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY
Vail Meadows Filing 2 was approved by the Eagle County Commission on March 4`h,
1974. With the subdivision approval in 1974, a significant number of residential lots were
created within the 100-year floodplain and on slopes in excess of 40%. Subsequent
annexation of the lots into the Town of Vail presented numerous conflicts between Eagle
County and Town of Vail development and subdivision regulations. Over the past 25
years, multiple developers have explored development options on the lots with no
success.
In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. The Land Use
Plan is a component of the Town of Vail Comprehensive Plan. According to the Land
Use Plan, Lots 1-7 and Lot 12 are designated "low density residential". The purpose of
1
Y
the low-density residential designation is to provide sites for single-family detached
homes and two-family dwelling units. Density of development with in this category would
typically not exceed 3 structures per buildable acre. Private recreation facilities such as
tennis courts, swimming pools, and club houses for the use of residents of the area are
also included in this land use designation. Institutional/public uses permitted would
include churches, fire stations, and parks and open space related facilities.
In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The
objectives of the plan are:
¦ To identify citizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserve lands for public use;
¦ To prioritize available open lands for acquisition or protection;
¦ To identify creative strategies to implement the acquisition and protection program;
¦ To define a management system to appropriately manage Town-owned open space
lands and;
• To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific
parcels of land that require some kind of action either for protection of sensitive lands, for
trail easements, or for dedication to public use. In developing the plan, over 350 parcels
were evaluated with 51 parcels recommended for specific actions. The
recommendations were developed utilizing criteria to evaluate the areas of highest
priority. Generally, areas received the highest priority if they met the stated objectives of
the Town and its citizens and were an integral part of the open lands system. Within the
51 parcels, there are five priority areas made up of a number of recommended actions.
These priorities are:
1. Protect sensitive natural habitat areas, riparian areas, and hazard areas;
2. Extend the Vail Trail to East Vail and add several trailheads to access the trail;
3. Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;
4. Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities and provide better access to Gore Creek;
5. Add bike lanes to the north and south frontage roads and add paved shoulders to
Vail Valley Drive.
The Town of Vail has taken action on over 40 of the 51 parcels identified for action in the
Plan as of the drafting of this memorandum.
2
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lots
1 and 2, Vail Meadows Filing 2 as "Area 48" for implementation purposes. Area 48 is an
environmentally sensitive area and a high priority for acquisition and preservation. As a
high priority classification, Area 48 meets "Level One Evaluation" criteria. Level One
Evaluation focuses on meeting community needs relating to the natural resource system,
the recreation system, trails system, and reserving lands for future civic/public uses.
As a result of the findings within the Comprehensive Open Lands Plan, the Town of Vail
recently purchased the remaining privately held lots within Vail Meadows Filing 2. In an
attempt to attain the goals outlined in the plan, the Town is requesting a rezoning and
Vail Land Use Plan amendment for Lots 1-4 and a change in land use category
designation for Lots 1-7 and Lot 12 from "Low-density Residential" to "Open Space."
The current zoning on Lots 1-4 is "Agriculture & Open Space." Under this designation,
certain types of development (including single-family residences) are permitted. The
proposed zoning for Lots 1-4 is "Natural Area Preservation District" (NAPD). Under the
proposed NAPD designation, uses on the property would be restricted to nature
preserves and passive outdoor recreation. Copies of the "Agriculture & Open Space"
and "Natural Area Preservation District" zoning regulations have been attached as
Exhibits A and B, respectively, for reference.
II1. STAFF RECOMMENDATION
LAND USE PLAN AMENDMENT
The Department of Community Development recommends the Planning and
Environmental Commission forwards a recommendation of approval of the proposed
amendments to the Vail Land Use Plan, based upon the criteria for evaluation listed in
Section V of this memorandum and the following findings:
1. The proposed plan amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the
Town of Vail's development objectives.
2. That the proposed amendment is compatible with and suitable to adjacent uses
and appropriate for the area.
3. That the proposed amendment is in the best interest of the public health, welfare
and safety.
REZONING
The Department of Community Development recommends the Planning and
Environmental Commission forwards a recommendation of approval of the proposed
rezoning, based upon the criteria for evaluation listed in Section VI of this memorandum
and the following findings:
1. The proposed rezoning is consistent with the adopted goals, objectives and
3
policies outlined in the Vail Comprehensive Plan and compatible with the Town of
Vail's development objectives.
2. That the proposed rezoning is compatible with and suitable to adjacent uses and
appropriate for the area.
3. That the proposed rezoning is in the best interest of the public health, welfare and
safety.
IV. ROLES OF THE REVIEWING BOARDS
LAND USE PLAN AMENDMENT
Plannina and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council
on the consistency of the proposed amendment with applicable review criteria and the
policies, goals and objectives outlined in the Vail Land Use Plan and other applicable
master plan documents.
Desian Review Board:
Action: The DRB has NO review authority on Land Use Plan amendments.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The
staff advises the applicant as to consistency of the proposed amendment with applicable
review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan
and other applicable master plan documents.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a Vail Land Use
Plan amendment.
The Town Council shall review and approve the proposal based on the consistency of
the proposed amendment with applicable review criteria and the policies, goals and
objectives outlined in the Vail Land Use Plan and other applicable master plan
documents.
ZONING/REZONING
Plannina and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council
4
on the compatibility of the proposed zoning with surrounding uses, 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 zoning/rezonings.
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 a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility of
the proposed zoning with surrounding uses, consistency With the Vail Comprehensive
Plans, and impact on the general welfare of the community.
V. VAIL LAND USE PLAN DESIGNATIONS: REVIEW CRITERIA FOR AMENDMENT
General Overview of the Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town
Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. The goals, as articulated within the
Land Use Plan, are meant to be used as adopted policy guidelines in the review process
for new development proposals. In conjunction with these goals, land use categories are
defined to indicate general types of land uses which are then used to develop the Vail
Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is
intended to provide a general framework to guide decision making. Where the land use
categories and zoning conflict, existing zoning controls development on a site.
To be effective, the Land Use Plan must be updated to reflect current thinking and
changing market conditions. The Vail Land Use Plan can be amended in three ways:
1) The Community Development Department can update and revise the plan periodically.
The Community Development Department then makes recommendations for the
proposed changes to the Planning and Environmental Commission, where these
5
changes would then be considered in a public hearing format. The Planning and
Environmental Commission would then make a recommendation to the Town Council,
where another public hearing would be held. The Council then adopts the changes by
resolution.
2) The Planning and Environmental Commission or Town Council can also initiate
amendments to the Land Use Plan. Again, both boards hold public hearings and the
changes are adopted by the Town Council by resolution.
3) The private sector can also initiate amendments to the Vail Land Use Plan.
Applications may be made by a registered voter, a property owner, or a property owner's
authorized representative. The amendments are then heard by both the Planning and
Environmental Commission and the Town Council. The Town Council then adopts the
changes by resolution.
LAND USE PLAN DESIGNATION DESCRIPTION
Current Land Use Plan Designation:
Low Density Residential - This category includes single-family detached homes and two
family dwelling units. Density of development within this category would typically not
exceed 3 structures per buildable acre however, all of the adjacent residential uses
exceed 3 dwelling units per acre. Also within this area would be private recreation
facilities such as tennis courts, swimming pools and clubhouses for the use of residents
of the area. Institutional /public uses permitted would include churches, fire stations, and
parks and open space related facilities.
Proposed Land Use Designation:
Open Space - Passive recreation areas such as greenbelts, stream corridors and
drainages are the types of areas in this category. Hillsides which were classified as
undevelopable due to high hazards and slopes over 40% are also included within this
area. These hillside areas would still be allowed types of development permitted by
existing zoning, such as one unit per 35 acres for areas in agricultural zoning. Also
permitted in this area would be institutional/public uses.
CRITERIA FOR CHANGING THE LAND USE PLAN
Any amendments to the Land Use Plan require a public process. Adjacent properties
are notified, the Planning and Environmental Commission holds a public hearing and
makes a recommendation to the Town Council on the proposal. The Town Council
adopts the changes by resolution. Any changes to the Land Use Plan must address the
following three criteria:
Criterion 1: How conditions have changed since the plan was adopted?
Physical conditions and the fundamental land use patterns of the neighborhood have not
changed since the 1986 adoption of the plan. However, it has been demonstrated over
the years that the platted lots do not have building potential due to significant
6
environmental constraints. Since the adoption of the Vail Land Use Plan, the subject
property has been identified in the Comprehensive Open Lands Plan as an
environmentally sensitive area and a high acquisition priority. Therefore, the Land Use
Plan is presently inconsistent with other elements of the Vail Comprehensive Plan.
Criterion 2: How the plan is in error?
The Land Use Plan, unlike the Comprehensive Open Lands Plan, does not take into
account the environmental conditions of properties within designated land use
categories. The Town of Vail Zoning Regulations prohibit (or severely restrict) the ability
to develop the lots under the "low-density residential" land use pattern. Therefore, the
Land Use Plan is presently inconsistent with the land development and environmental
preservation provisions contained within the Town's zoning and subdivision regulations.
Therefore, staff believes the Land Use Plan is in error.
Criterion 3: How the addition, deletion or change to the plan is in concert with the
plan in general?
Adjacent lots within the subdivision are zoned "Natural Area Preservation District." This
proposed change is consistent with adjacent land uses and zoning designations.
Neighboring property to the east is within the White River National Forest and is
designated as "Backcountry Recreation - Non-motorized" and "Primitive Wilderness" in
the U.S. Forest Service's pending management plan.
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
5.1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
Staff believes the proposed amendment is in concert with the plan and the goals stated
above.
7
VI. REZONING REQUEST: CRITERIA FOR EVALUATION
ZONING OVERVIEW
The current zoning is "Agriculture and Open Space." The Town of Vail is proposing to
rezone the property to "Natural Area Preservation District." The Town of Vail Zoning
Regulations are intended to:
"Promote the coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a resort
and residential community of high quality."
In contrast to the Land Use Plan, which serves as a guide in land use decision making,
the zoning and subdivision regulations are regulatory tools used to control development
for the benefit of the public health, safety and welfare. The zoning regulations are
specific with regards to development on property, including density, setbacks, height, etc.
Where conflicts exist between the Land Use Plan and the zoning for a site, existing
zoning controls development. However, in cases where a change in zoning is
considered for a site, the land use designation and land use objectives as identified in
the Land Use Plan are important considerations in the decision making process.
REZONING CRITERIA
1) Is the existing zoning suitable with the existing land use on the site and
adjacent land uses?
Staff believes the existing zoning designation is suitable with the existing and adjacent
land uses, but inappropriate for the subject property given the environmental constraints
and the Town's identified objectives for preservation of portions of the area. Lots 1-4 are
non-conforming under the existing "Agriculture & Open Space" zoning as they do not
meet the minimum 35-acre lot size. However, there is no minimum lot size established
for the "Natural Area Preservation District" and the lots would be conforming under the
proposed rezoning.
2) Is the amendment presenting a convenient workable relationship with land
uses consistent with municipal objectives?
The proposed rezoning would bring the property into conformance with the Town's stated
goals for open lands and it is consistent with the zoning designations on immediately
adjacent properties. The proposed zoning designation would bring currently non-
conforming lots into conformity with the Town of Vail Zoning Regulations.
3) Does the rezoning provide for the growth of an orderly viable community?
In accordance with the provisions of the Town of Vail Zoning and Subdivision
Regulations and Vail's Comprehensive Plan elements, staff believes this rezoning
provides for the growth of an orderly viable community. Staff believes any development
under existing zoning would circumvent the Town's desire for the growth of an orderly,
8
viable community.
4) Is the change consistent with the Land Use Plan?
The proposed zoning and Land Use Plan amendment are consistent with the goals,
objectives and policies stated in the Comprehensive Open Lands Plan and all other
elements of the Vail Comprehensive Plan.
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
5.1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
9
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VA565 07-03A.TXT (1)
ARTICLE A. AGRICULTURAL AND OPEN SPACE (A)
DISTRICT
SECTION:
12-8A-1: Purpose
12-8A-2: Permitted Uses
12-8A-3: Conditional Uses
12-8A-4: Accessory Uses
12-8A-5: Lot Area And Site Dimensions
12-8A-6: Setbacks
12-8A-7: Height
12-8A-8: Density
12-8A-9: Site Coverage
12-8A-10: Landscaping And Site Development
12-8A-11: Parking
12-8A-1: PURPOSE:
The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or
open space lands from intensive development while permitting agricultural pursuits and low
density residential use consistent with agricultural and open space objectives. Parks, schools, and
certain types of private recreational facilities and institutions also are suitable uses in the
Agricultural and Open Space District, provided that the sites of these uses remain predominantly
open. Site development standards are intended to preclude intensive urban development and to
maintain the agricultural and open space characteristics of the District. (Ord. 8(1973) § 12.100)
12-8A-2: PERMITTED USES:
The following uses shall be permitted in the A District:
Plant and tree nurseries and raising of field, row and tree crops.
Public parks, recreation areas, and open spaces.
Single-family residential dwellings. (Ord. 8(1973) § 12.200)
12-8A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Any use within public parks, recreation areas, and open spaces which involves assembly of more
than two hundred (200) persons together in one building or group of buildings, or in one
recreation area or other public recreational facility.
Cemeteries.
Churches, rectories, and related structures.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools and colleges.
VA565 07-03A.TXT (2)
Semi-public and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Type II employee housing unit (EHU) as provided in Section 12-13-5 of this Title.
Well water treatment facility. (Ord. 8(1992) § 30: Ord. 37(1991) § 1: Ord. 30(1988) § 1: Ord.
16(1985) § 1: Ord. 16(1976) § 1(a): Ord. 14(1975) § 3: Ord. 8(1973) § 12.300)
12-8A-4: ACCESSORY USES:
The following accessory uses shall be permitted in the A District:
Accessory buildings and uses customarily incidental to permitted agricultural uses, including
barns, silos, sheds, corrals, pens, and similar uses.
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12 of this Title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family residential uses.
Retail sale of plants, trees, or other farm or agricultural products grown, produced or made on the
premises.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
for the operation thereof. (Ord. 21(1994) § 12: Ord. 16(1976) § 1(a): Ord. 8(1973) § 12.400)
12-8A-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall he thirty five (35) acres with a minimum of one acre of
buildable area. (Ord. 34(1979) § 1)
12-8A-6: SETBACKS:
In the A District, the minimum front setback shall be twenty feet (20'), the minimum side setback
shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). (Ord. 50(1978)
§ 2)
12-8A-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a
sloping roof, the height of buildings shall not exceed thirty three feet (33'). (Ord. 37(1980) § 2)
12-8A-8: DENSITY:
Not more than one dwelling unit shall be permitted for each thirty five (35) acres of site area, of
which one acre must be buildable; provided, however, that one dwelling shall be allowed on a lot
or parcel of less than thirty five (35) acres which contains one acre of buildable area. Such
dwelling shall not exceed two thousand (2,000) square feet of gross residential floor area
(GRFA). (Ord. 34(1979) § 1)
12-8A-9: SITE COVERAGE:
Site coverage shall not exceed five percent (5%) of the total site area. (Ord. 17(1991) § 14: Ord.
8(1973) § 12.507)
VA565 07-03A.TXT (3)
12-8A-10: LANDSCAPING AND SITE DEVELOPMENT:
Not applicable in the A District. (Ord. 8(1973) § 12.509)
12-8A-11: PARKING:
Off-street parking shall be provided in accordance with Chapter 10 of this Title. No required
parking shall be located in any required setback area, except as may be specifically authorized in
accordance with Chapter 17 of this Title. (Ord. 8(1973) § 12.510)
VA565 07-03A.TXT (1)
ARTICLE C. NATURAL AREA PRESERVATION (NAP)
DISTRICT
SECTION:
12-8C-1: Purpose
12-8C-2: Permitted Uses
12-8C-3*: Conditional Uses
12-8C-4: Accessory Uses
12-8C-5: Development Standards
12-8C-6: Parking And Loading
12-8C-7: Additional Development Standards
12-8C-1: PURPOSE:
The Natural Area Preservation District is designed to provide areas which, because of their
environmentally sensitive nature or natural beauty, shall be protected from encroachment by any
building or other improvement, other than those listed in Section 12-8C-2 of this Article. The
Natural Area Preservation District is intended to ensure that designated lands remain in their
natural state, including'reclaimed areas, by protecting such areas from development and
preserving open space. The Natural Area Preservation District includes lands having valuable
wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas
with significant environmental constraints. Protecting sensitive natural areas is important for
maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control,
protecting view corridors, minimizing the risk from hazard areas, and protecting the natural
character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude
improvement of the natural environment by the removal of noxious weeds, deadfall where
necessary to protect public safety or similar compatible improvements. (Ord. 21(1994) § 10)
12-8C-2: PERMITTED USES:
The following shall be permitted uses in the NAP District:
Nature preserves. (Ord. 21(1994) § 10)
12-8C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the NAP District, subject to the issuance of
a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
Equestrian trails, used only to access National forest system lands.
Interpretive nature walks.
Parking, when used in conjunction with a permitted or conditional use.
Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways.
Picnic tables and informal seating areas.
Other uses customarily incidental and accessory to permitted or conditional uses and necessary
for the operation thereof, with the exception of buildings. (Ord. 21(1994) § 10)
12-8C-4: ACCESSORY USES:
VA565 07-03A.TXT (2)
Not applicable in the NAP District. (Ord. 21(1994) § 10)
12-8C-5: DEVELOPMENT STANDARDS:
Not applicable in the NAP District. (Ord. 21(1994) § 10)
12-8C-6: PARKING AND LOADING:
Parking and loading requirements will be determined by the Planning and Environmental
Commission during the review of conditional use requests in accordance with the provisions of
Chapter 16 of this Title. (Ord. 21(1994) § 10)
12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the development of land in
the Natural Area Preservation District are found in Chapter 14, "Supplemental Regulations", of
this Title. (Ord. 21(1994) § 10)
ARTICLE D. SKI BASE/RECREATION (SBR) DISTRICT
SECTION:
12-8D-1: Purpose
12-8D-2: Permitted Uses
12-8D-3: Conditional Uses
12-8D-4: Accessory Uses
12-813-5: Location Of Business Activity
12-8D-6: Development Plan Required
12-8D-7: Development Plan Contents
12-8D-8: Development Standards/Criteria For Evaluation
12-8D-9: Lot Area
12-8D-10: Setbacks
12-8D-11: Height
12-8D-12: Density Control
12-8D-13: Site Coverage
12-8D-14: Landscaping And Site Development
12-8D-15: Parking Plan And Program
12-8D-1: PURPOSE:
The Ski Base/Recreation District is intended to provide for the base facilities necessary to
operate the ski mountain and to allow multi-family residential dwellings as a secondary use if
certain criteria are met. In addition, summer recreational uses and facilities are encouraged to
achieve multi-seasonal use of some of the facilities and provide for efficient use of the facilities.
(Ord. 24(1995) § 1)
12-8D-2: PERMITTED USES:
A. Within Main Lodge: The following uses shall be permitted within the main base lodge
building in the Ski Base/ Recreation District:
Basket rental.
Injury prevention and rehabilitation facilities for owners' use.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: August 27, 2001
SUBJECT: A request for a final review and a recommendation to the Vail Town Council on a
proposed amendment to the Vail Land Use Plan to allow for a change from a
"Low Density Residential" land use category to an "Open Space" land use
category, located at 3880 and 3896 Lupine Drive / Lots 15 & 16, Bighorn
Subdivision Second Addition; and a request for a final review and a
recommendation to the Vail Town Council on a proposed rezoning from "Two-
Family Primary/Secondary Residential" to "Natural Area Preservation District"
located at 3880 Lupine Drive / Lot 15, Bighorn Subdivision Second Addition; and
a request for a final review and a recommendation to the Vail Town Council on a
proposed rezoning from "Agriculture and Open Space" to "Natural Area
Preservation District" located at 3896 Lupine Drive / Lot 16, Bighorn Subdivision
Second Addition.
Applicant: Town of Vail
Planner: Brent Wilson
1. DESCRIPTION OF THE REQUEST
This application involves three requested actions:
¦ Amending the Vail Land Use Plan to bring the land use designations for Lots 15 & 16
into conformance with other elements of the Vail Comprehensive Plan.
¦ Rezoning Lot 15 to bring the zoning into conformance with existing land uses and
designations within the Vail Comprehensive Plan.
¦ Rezoning Lot 16 to bring the zoning into conformance with existing land uses and
designations within the Vail Comprehensive Plan.
This application only involves lots owned by the Town of Vail. No private lots will be
impacted by the proposed rezoning and Land Use Plan amendments.
II. BACKGROUND AND HISTORY OF THE SUBJECT PROPERTY
The Bighorn Subdivision, Second Addition was platted on July 22, 1963. The Board of
County Commissioners of Eagle County approved the platting as the property was then
under Eagle County jurisdiction. Lots 15 & 16 have remained in the current configuration
since their original platting.
1
The Bighorn Subdivision Second Addition was annexed into the Town of Vail pursuant to
Ordinances 13 & 20, Series of 1974. The annexation became effective on November 5,
1974. Upon annexation into the Town of Vail, Lots 15 & 16 were zoned Two Family
Primary/Secondary Residential. Lot 15 remains to be zoned Two-Family
Primary/Secondary Residential. Lot 16 has been rezoned to Agriculture & Open Space.
In 1976, the Town of Vail contracted with Arthur I. Mears to complete a Geologically
Sensitive Areas Study. For purposes of the study geologically sensitive areas were
defined as snow avalanche, rock fall and debris flow. In response to the findings of Mr.
Mears' study the Town of Vail adopted Geologic Hazard Maps for snow avalanche, rock
fall and debris flow as components of the Town of Vail Comprehensive Plan. The maps
were adopted by the Town in 1977.
In 1977, Lot 16, Bighorn Subdivision, Second Addition was rezoned. The lot was rezoned
to Agriculture & Open Space from Two-Family Primary/Secondary Residential. The
request for the rezoning was submitted by Mr. & Mrs. Stanley and Martha Wilson.
According to the information in the Town's file, the reason the rezoning was requested
was because a restriction had been placed on the warranty deed, dated September 1,
1972, prohibiting habitable structures from being built on Lot 16 for a period of twenty
years (September 1, 1992).
In.1978, the Town of Vail adopted geologic hazard regulations. The purpose of the
regulations is to help protect the inhabitants of the Town from dangers relating to
development of flood plains, avalanche paths, steep slopes, and geologically sensitive
areas; to regulate the use of land areas which may be geologically sensitive; and further
to regulate development on steep slopes; to protect the economic and property values of
the Town, to protect the aesthetic and recreational values and natural resources of the
Town, which are sometimes associated with flood plains, avalanche areas and areas of
geologic sensitivity and slopes; to minimize damage to public facilities and utilities and
minimize the need for relief in cleanup operations; to give notice to the public of certain
areas within the Town where flood plains, avalanche paths and areas of geologic
sensitivity exist; and to promote the general public health, safety and welfare.
In 1986, the Vail Town Council adopted the Town of Vail Land Use Plan. Similar to the
Geologic Hazard Maps, the Land Use Plan is a component of the Town of Vail
Comprehensive Plan. According to the Land Use Plan, Lots 15 & 16 are designated "low
density residential". The purpose of the low-density residential designation is to provide
sites for single-family detached homes and two-family dwelling units. Density of
development with in this category would typically not exceed 3 structures per buildable
acre. Also within this area would be private recreation facilities such as tennis courts,
swimming pools, and club houses for the use of residents of the area. Institutional/public
uses permitted would include churches, fire stations, and parks and open space related
facilities.
2
In 1994, the Vail Town Council adopted the Comprehensive Open Lands Plan. The
objectives of the plan are:
¦ To identify citizen and visitor needs and preferences for a comprehensive system of
open space uses such as parks, recreation, protection of environmental resources,
trails, and to reserve lands for public use;
¦ To prioritize available open lands for acquisition or protection;
¦ To identify creative strategies to implement the acquisition and protection program;
¦ To define a management system to appropriately manage Town-owned open space
lands and;
• To buffer neighborhoods with open space.
The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific
parcels of land that require some kind of action either for protection of sensitive lands, for
trail easements, or for public use. In developing the plan, over 350 parcels were
evaluated with 51 parcels on which actions are recommended. The recommendations
were developed utilizing specific criteria to evaluate the areas of highest priority.
Generally, areas received the highest priority if they met the stated objectives of the
Town and its citizens and were an integral part of the open lands system. Within the 51
parcels, there are five priority areas made up of a number of recommended actions.
These priorities are:
¦ Protect sensitive natural habitat areas, riparian areas, and hazard areas;
¦ Extend the Vail Trail to East Vail and add several trailheads to access the trail;
¦ Add a new trail on the north side and western half of Town to connect existing
trailheads and neighborhoods;
¦ Add three "trailheads" in the core areas to access Vail Mountain trails and inform
visitors of trail opportunities and provide better access to Gore Creek;
¦ Add bike lanes to the north and south frontage roads and add paved shoulders to
Vail Valley Drive.
The Town of Vail has already taken action on over 40 of the 51 parcels identified for
action in the Plan.
The Action Plan and Priority Plan of the Comprehensive Open Lands Plan identifies Lot
16, Bighorm Subdivision, Second Addition as "Parcel 41" for implementation purposes.
Parcel 41 is classified as a "High Priority". The high priority classification is based upon
the Town's desire to acquire both the development rights and trail easements for the'
proposed South Trail extension. The plan also notes that Parcel 41 is located in a
geologically sensitive area. Strategies for protecting Parcel 41 include acquisition
through a fee simple purchase, purchasing the development rights, and/or acquiring an
3
access easement through the parcel.
As a high priority classification, Parcel 41 meets both Level One and Level Two
Evaluation criteria. Level One Evaluation focuses on meeting community needs relating
to the natural resource system, the recreation system, trails system, and reserving lands
for future civic/public uses. Level Two Evaluation focuses on the availability of the parcel
utilizing criteria such as the threat of development or irreversible damage, opportunities
to leverage other funds, cost, unusual opportunity with a motivated seller, opportunity for
trade with the USFS, low management requirements on the Town of Vail and low liability
to the Town.
In 1995, the Town of Vail Community Development Department sent correspondence to
the owner of Parcel 41 (Lot 16). The purpose of the letter was to gauge the level of
interest of the property owner to sell Parcel 41 to the Town of Vail.. The property owner
expressed no interest and no further communications have taken place. The Town of
Vail has never made a formal written offer to purchase Parcel 41.
Research into the Town of Vail Zoning Map indicates that there are twenty properties in
the Town of Vail zoned Agricultural & Open Space. Of these twenty properties seven are
privately owned. The other thirteen properties are either publicly owned (TOV/USFS),
owned by Vail Associates and restricted as dedicated open space as part of the original
subdivision, or owned in common by a homeowner's association and restricted as
dedicated open space. Of the seven privately owned properties, three are legally platted
subdivisions. One of the legally platted properties is Lot 16.
There are three geologic hazard analysis reports in the file. Each report identifies the
same geologic hazards on the site; high severity rock fall, debris flow, and blue snow
avalanche. All three of the reports suggest possible and potential hazard mitigation
measures; earth-built structures, locational siting of the structure, boulder barriers, a rear
concrete foundation wall protruding at least six feet above finished grade and "splitting
wedges".
In 2000, a proposal to replat and rezone portions of the lots was received by the
Community Development Department. The proposal involved creating 3 lots and
conveying two of those lots to the Town of Vail for open space while retaining one lot with
Primary/Secondary zoning. There is a "by right" development potential on lot 16 of one
2000 square foot single family dwelling unit.
As a result of the findings within the Comprehensive Open Lands Plan, the Town of Vail
and the Eagle Valley Land Trust recently purchased the lots. In an attempt to attain the
goals outlined in the plan, the Town is requesting a rezoning and Vail Land Use Plan
amendment for Lots 15 & 16.
4
III. STAFF RECOMMENDATION
LAND USE PLAN AMENDMENT
The Department of Community Development recommends the Planning and
Environmental Commission forward a recommendation of approval of the proposed
amendments to the Vail Land Use Plan, based upon the criteria for evaluation listed in
Section V of this memorandum and the following findings:
1. The proposed plan amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the
Town of Vail's development objectives.
2. That the proposed amendment is compatible with and suitable to adjacent uses
and appropriate for the area.
3. That the proposed amendment is in the best interest of the public health, welfare
and safety.
REZONING
The Department of Community Development recommends the Planning and
Environmental Commission forward a recommendation of approval of the proposed
rezoning, based upon the criteria for evaluation listed in Section VI of this memorandum
and the following findings:
1. The proposed rezoning is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and compatible with the Town of
Vail's development objectives.
2. That the proposed rezoning is compatible with and suitable to adjacent uses and
appropriate for the area.
3. That the proposed rezoning is in the best interest of the public health, welfare and
safety.
IV. ROLES OF THE REVIEWING BOARDS
LAND USE PLAN AMENDMENT
Plannina and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council
on the consistency of the proposed amendment with applicable review criteria and the
policies, goals and objectives outlined in the Vail Land Use Plan and other applicable
master plan documents.
5
Desian Review Board:
Action: The DRB has NO review authority on Land Use Plan amendments.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The
staff advises the applicant as to consistency of the proposed amendment with applicable
review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan
and other applicable master plan documents.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a Vail Land Use
Plan amendment.
The Town Council shall review and approve the proposal based on the consistency of
the proposed amendment with applicable review criteria and the policies, goals and
objectives outlined in the Vail Land Use Plan and other applicable master plan
documents.
ZONING/REZONING
Plannina and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal and make a recommendation to the Town Council
on the compatibility of the proposed zoning with surrounding uses, 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 zoning/rezonings.
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 a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review process.
Town Council:
Action: The Town Council is responsible for final approval/denial of a zoning/rezoning.
The Town Council shall review and approve the proposal based on the compatibility of
the proposed zoning with surrounding uses, consistency with the Vail Comprehensive
6
Plans, and impact on the general welfare of the community.
V. VAIL LAND USE PLAN DESIGNATIONS: REVIEW CRITERIA FOR AMENDMENT
General Overview of the Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town
Council. The main purposes of the Land Use Plan are two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. The goals, as articulated within the
Land Use Plan, are meant to be used as adopted policy guidelines in the review process
for new development proposals. In conjunction with these goals, land use categories are
defined to indicate general types of land uses which are then used to develop the Vail
Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is
intended to provide a general framework to guide decision making. Where the land use
categories and zoning conflict, existing zoning controls development on a site.
To be effective, the Land Use Plan must be updated to reflect current thinking and
changing market conditions. The Vail Land Use Plan can be amended in three ways:
1) The Community Development Department can update and revise the plan periodically.
The Community Development Department then makes recommendations for the
proposed changes to the Planning and Environmental Commission, where these
changes would then be considered in a public hearing format. The Planning and
Environmental Commission would then make a recommendation to the Town Council,
where another public hearing would be held. The Council then adopts the changes by
resolution.
2) The Planning and Environmental Commission or Town Council can also initiate
amendments to the Land Use Plan. Again, both boards hold public hearings and the
changes are adopted by the Town Council by resolution.
3) The private sector can also initiate amendments to the Vail Land Use Plan.
Applications may be made by a registered voter, a property owner, or a property owner's
authorized representative. The amendments are then heard by both the Planning and
Environmental Commission and the Town Council. The Town Council then adopts the
changes by resolution.
LAND USE PLAN DESIGNATION DESCRIPTION
Current Land Use Plan Designation:
7
Low Density Residential - This category includes single-family detached homes and two
family dwelling units. Density of development within this category would typically not
exceed 3 structures per buildable acre however, all of the adjacent residential uses
exceed 3 dwelling units per acre. Also within this area would be private recreation
facilities such as tennis courts, swimming pools and clubhouses for the use of residents
of the area. Institutional /public uses permitted would include churches, fire stations, and
parks and open space related facilities.
Proposed Land Use Designation:
Open Space -Passive recreation areas such as greenbelts, stream corridors and
drainages are the types of areas in this category. Hillsides which were classified as
undevelopable due to high.hazards and slopes over 40% are also included within this
area. These hillside areas would still be allowed types of development permitted by
existing zoning, such as one unit per 35 acres for areas in agricultural zoning. Also
permitted in this area would be institutional/public uses.
CRITERIA FOR CHANGING THE LAND USE PLAN
Any amendments to the Land Use Plan require a public process. Adjacent properties
are notified, the Planning and Environmental Commission holds a public hearing and
makes a recommendation to the Town Council on the proposal. The Town Council
adopts the changes by resolution. Any changes to the Land Use Plan must address the
following three criteria:
Criterion 1: How conditions have changed since the plan was adopted?
Physical conditions and the fundamental land use patterns of the neighborhood have not
changed since the 1986 adoption of the plan. However, it has been demonstrated over
the years that the platted lots do not have building potential due to significant
environmental constraints. Since the adoption of the Vail Land Use Plan, the subject
property has been identified in the Comprehensive Open Lands Plan as a
geologically/environmentally sensitive area and a high acquisition priority. Therefore, the
Land Use Plan is presently inconsistent with other elements of the Vail Comprehensive
Plan.
Criterion 2: How the plan is in error?
The Vail Land Use Plan prescribes updates every five years to reflect changes in
community needs or land conditions. The plan has not been amended to date to reflect
geologic hazard study findings, community input or town council actions on the subject
property.
The Land Use Plan, unlike the Comprehensive Open Lands Plan, does not take into
account the environmental conditions of properties within designated land use
categories. The Town of Vail Zoning Regulations prohibit (or severely restrict) the ability
to develop the lots under the "low-density residential" land use pattern. Therefore, the
Land Use Plan is presently inconsistent with the land development, geologic hazard and
8
environmental preservation provisions contained within the Town's zoning and
subdivision regulations. Therefore, staff believes the Land Use Plan is in error.
Criterion 3: How the addition, deletion or change to the plan is in concert with the
plan in general?
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
5.1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
Staff believes the proposed amendment is in concert with the plan and the goals stated
above.
This proposed change is consistent with adjacent land uses and zoning designations.
Neighboring property to the north, east and west is zoned for low-density residential
development. Neighboring property to the south is within the White River National Forest
and is designated as "Backcountry Recreation - Non-motorized" in the U.S. Forest
Service's pending management plan.
VI. REZONING REQUEST: CRITERIA FOR EVALUATION
ZONING OVERVIEW
The current zoning for Lot 15 is "Primary/Secondary Residential." The Town of Vail is
proposing to rezone the property to "Natural Area Preservation District." The current
zoning for Lot 16 is "Agriculture and Open Space." The Town of Vail is proposing to
rezone the properties to "Natural Area Preservation District." The Town of Vail Zoning
Regulations are intended to:
"Promote the coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a resort
and residential community of high quality."
In contrast to the Land Use Plan, which serves as a guide in land use decision making,
9
the zoning and subdivision regulations are regulatory tools used to control development
for the benefit of the public health, safety and welfare. The zoning regulations are
specific with regards to development on property, including density, setbacks, height, etc.
Where conflicts exist between the Land Use Plan and the zoning for a site, existing
zoning controls development. However, in cases where a change in zoning is
considered for a site, the land use designation and land use objectives as identified in
the Land Use Plan are important considerations in the decision making process.
REZONING CRITERIA
1) Is the existing zoning suitable with the existing land use on the site and
adjacent land uses?
Staff believes the existing zoning designations are suitable with the existing and adjacent
land uses, but inappropriate for the subject property given the environmental constraints
and the Town's identified objectives for preservation of portions of the area. Lots 15 has
severely limited building potential due to geologic hazards and Lot 16 is non-conforming
under the existing "Agriculture & Open Space" zoning as it does not meet the minimum
35-acre lot size. However, there is no minimum lot size established for the "Natural Area
Preservation District" and both lots would be conforming under the proposed rezoning.
2) Is the amendment presenting a convenient workable relationship with land
uses consistent with municipal objectives?
The proposed rezoning would bring the property into conformance with the Town's stated
goals for open lands and recent policy decisions by the Vail Town Council. The proposed
zoning designation would bring currently non-conforming lots into conformity with the .
Town of Vail Zoning Regulations.
3) Does the rezoning provide for the growth of an orderly viable community?
In accordance with the provisions of the Town of Vail Zoning and Subdivision
Regulations and Vail's Comprehensive Plan elements, staff believes this rezoning
provides for the growth of an orderly viable community. Staff believes any development
under existing zoning would circumvent the Town's desire for the growth of an orderly,
viable community and could pose "life safety" concerns.
4) Is the change consistent with the Land Use Plan?
The proposed zoning and Land Use Plan amendment are consistent with the goals,
objectives and policies stated in the Comprehensive Open Lands Plan and all other
elements of the Vail Comprehensive Plan.
Specific Land Use Plan goals that are relevant to this proposal include:
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
10
4
1.6 Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in
areas that are not highly visible from the Valley floor. New projects should be
carefully controlled and developed with sensitivity to the environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
2.7 The Town of Vail should improve the existing park and open space lands while
continuing to purchase open space.
5.1 Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
11
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VA565 07-03A.TXT (1)
ARTICLE A. AGRICULTURAL AND OPEN SPACE (A)
DISTRICT
SECTION:
12-8A-1: Purpose
12-8A-2: Permitted Uses
12-8A-3: Conditional Uses
12-8A-4: Accessory Uses
12-8A-5: Lot Area And Site Dimensions
12-8A-6: Setbacks
12-8A-7: Height
12-8A-8: Density
12-8A-9: Site Coverage
12-8A-10: Landscaping And Site Development
12-8A-11: Parking
12-8A-1: PURPOSE:
The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or
open space lands from intensive development while permitting agricultural pursuits and low
density residential use consistent with agricultural and open space objectives. Parks, schools, and
certain types of private recreational facilities and institutions also are suitable uses in the
Agricultural and Open Space District, provided that the sites of these uses remain predominantly
open. Site development standards are intended to preclude intensive urban development and to
maintain the agricultural and open space characteristics of the District. (Ord. 8(1973) § 12.100)
12-8A-2: PERMITTED USES:
The following uses shall be permitted in the A District:
Plant and tree nurseries and raising of field, row and tree crops.
Public parks, recreation areas, and open spaces.
Single-family residential. dwellings. (Ord. 8(1973) § 12.200)
12-8A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Any use within public parks, recreation areas, and open spaces which involves assembly of more
than two hundred (200) persons together in one building or group of buildings, or in one
recreation area or other public recreational facility.
Cemeteries.
Churches, rectories, and related structures.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools and colleges.
VA565 07-03A.TXT (2)
Semi-public and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
Type II employee housing unit (EHU) as provided in Section 12-13-5 of this Title.
Well water treatment facility. (Ord. 8(1992) § 30: Ord. 37(1991) § 1: Ord. 30(1988) § 1: Ord.
16(1985) §.1: Ord. 16(1976) § 1(a): Ord. 14(1975) § 3: Ord. 8(1973) § 12.300)
12-8A-4: ACCESSORY USES:
The following accessory uses shall be permitted in the A District:
Accessory buildings and uses customarily incidental to permitted agricultural uses, including
barns, silos, sheds, corrals, pens, and similar uses.
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of Section 12-14-12 of this Title.
Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family residential uses.
Retail sale of plants, trees, or other farm or agricultural products grown, produced or made on the
premises.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
for the operation thereof. (Ord. 21(1994) § 12: Ord. 16(1976) § 1(a): Ord. 8(1973) § 12.400)
12-8A-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be thirty five (35) acres with a minimum of one acre of
buildable area. (Ord. 34(1979) § 1)
12-8A-6: SETBACKS:
In the A District, the minimum front setback shall be twenty feet (20'), the minimum side setback
shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). (Ord. 50(1978)
§ 2)
12-8A-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a
sloping roof, the height of buildings shall not exceed thirty three feet (33'). (Ord. 37(1980) § 2)
12-8A-8: DENSITY:
Not more than one dwelling unit shall be permitted for each thirty five (35) acres of site area, of
which one acre must be buildable; provided, however, that one dwelling shall be allowed on a lot
or parcel of less than thirty five (35) acres which contains one acre of buildable area. Such
dwelling shall not exceed two thousand (2,000) square feet of gross residential floor area
(GRpA). (Ord. 34(1979) § 1)
12-8A-9: SITE COVERAGE:
Site coverage shall not exceed five percent (5%) of the total site area. (Ord. 17(1991) § 14: Ord.
8(1973) § 12.507)
VA565 07-03A.TXT (3)
12-8A-10: LANDSCAPING AND SITE DEVELOPMENT:
Not applicable in the A District. (Ord. 8(1973) § 12.509)
12-8A-11: PARKING:
Off-street parking shall be provided in accordance with Chapter 10 of this Title. No required
parking shall be located in any required setback area, except as may be specifically authorized in
accordance with Chapter 17 of this Title. (Ord. 8(1973) § 12.510)
VA565 07-03A.TXT (1)-
ARTICLE D. PRIMARY/SECONDARY RESIDENTIAL (PS)
DISTRICT
SECTION:
12-6D-1: Purpose
12-6D-2: Permitted Uses
12-6D-3: Conditional Uses
12-6D-4: Accessory Uses
12-6D-5: Lot Area And Site Dimensions
12-6D-6: Setbacks
12-6D-7: Height
12-6D-8: Density Control
12-6D-9: Site Coverage
12-6D-10: Landscaping And Site Development
12-6D-11: Parking
12-6D-1: PURPOSE:
The Two-Family Primary/Secondary Residential District is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger primary
residence and the second unit is a smaller caretaker apartment, together with such public facilities
as may appropriately be located in the same district. The Two-Family Primary/Secondary
Residential District is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single-family and two-family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site development
standards. (Ord. 30(1977) § 2)
12-6D-2: PERMITTED USES:
The following uses shall be permitted:
Single-family residential dwellings.
Two-family residential dwellings.
Type I employee housing unit as provided in Section 12-13-4 of this Title. (Ord. 8(1992) § 11:
Ord. 30(1977) § 2)
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 11 employee housing unit as set forth in Section 12-13-5 of this Title. (Ord. 8(1992) § 12:
VA565 07-03A.TXT (2)
Ord. 31(1989) § 2: Ord. 30(1977) § 2)
12-6D-4: ACCESSORY USES:
The following accessory uses shall be permitted:
Home occupations, subject to issuance of a home occupation permit in accord with the
provisions of Chapter 14 of this Title.
Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to single-family and two-family residential uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and necessary
for the operation thereof. (Ord. 30(1977) § 2)
12-6D-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and
each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape
capable of enclosing a square area, eighty feet (80') on each side, within its boundaries. (Ord.
12(1978) § 3: Ord. 30(1977) § 2)
12-6D-6: SETBACKS:
In the Prima ry/Secondary Residential District, the minimum front setback shall be twenty feet
(20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be
fifteen feet (15'). (Ord. 50(1978) § 2)
12-6D-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a
sloping roof, the height of buildings shall not exceed thirty three feet (33'). (Ord. 37(1980) § 2)
12-6D-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 fifteen thousand (15,000) 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. On any site
containing two (2) dwelling units, one of the units shall not exceed forty percent (40%) of the
VA565 07-03A.TXT (3)
total allowable gross residential floor area (GRFA). No primary/secondary residential lot
except those located entirely in the red hazard avalanche zone, or the flood plain, or those of
less than fifteen thousand (15,000) square feet shall be so restricted that it cannot be occupied
by a primary/secondary dwelling. Notwithstanding the foregoing, a Type I employee housing
unit (EHU) may be permitted on lots of less than fifteen thousand (15,000) square feet in
accordance with Section 12-13-4 of this Title.
C. Employee Housing Units: Notwithstanding the provisions of subsections A and B of this
Section, a Type I employee housing unit (EHU) shall be permitted on lots of less than fifteen
thousand (15,000) square feet in accordance with Section 12-13-4 of this Title. (Ord. 8(1992)
13, 14: Ord. 37(1990) § 5: Ord. 19(1990) § l: Ord. 12(1988) § 4; Ord. 23(1986) § 1: Ord.
23(1981) § 2: Ord. 22(1981) § 1 : Ord. 35(1980) § 1: Ord. 22(1979) § 1: Ord. 12(1978) § 2:
Ord. 30(1977) § 2)
12-6D-9: SITE COVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord. 41(1990) § 5:
Ord. 30(1977) § 2)
12-6D-10: LANDSCAPING AND SITE DE VELOPMENT:
At least sixty percent (60%) of each site shall be landscaped. The minimum of any area
qualifying as landscaping shall be ten feet (10') (width and length) with a minimum area not less
than three hundred (300) square feet. (Ord. 30(1978) § 2)
12-6D-11: PARKING:
Off-street parking shall be provided in accordance with Chapter 10 of this Title. (Ord. 30(1977) §
2)
VA565 07-03A.TXT (1)
ARTICLE C. NATURAL AREA PRESERVATION (NAP)
DISTRICT
SECTION:
12-8C-1: Purpose
12-8C-2: Permitted Uses
12-8C-3: Conditional Uses
12-8C-4: Accessory Uses
12-8C-5: Development Standards
12-8C-6: Parking And Loading
12-8C-7: Additional Development Standards
12-8C-1: PURPOSE:
The Natural Area Preservation District is designed to provide areas which, because of their
environmentally sensitive nature or natural beauty, shall be protected from encroachment by any
building or other improvement, other than those listed in Section 12-8C-2 of this Article. The
Natural Area Preservation District is intended to ensure that designated lands remain in their
natural state, including'reclaimed areas, by protecting such areas from development and
preserving open space. The Natural Area Preservation District includes lands having valuable
wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas
with significant environmental constraints. Protecting sensitive natural areas is important for
maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control,
protecting view corridors, minimizing the risk from hazard areas, and protecting the natural
character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude
improvement of the natural environment by the removal of noxious weeds, deadfall where
necessary to protect public safety or similar compatible improvements. (Ord. 21(1994) § 10)
12-8C-2: PERMITTED USES:
The following shall be permitted uses in the NAP District:
Nature preserves. (Ord. 21(1994) § 10)
12-8C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the NAP District, subject to the issuance of
a conditional use permit in accordance with the provisions of Chapter 16 of this Title:
Equestrian trails, used only to access National forest system lands.
Interpretive nature walks.
Parking, when used in conjunction with a permitted or conditional use.
Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways.
Picnic tables and informal seating areas.
Other uses customarily incidental and accessory to permitted or conditional uses and necessary
for the operation thereof, with the exception of buildings. (Ord. 21(1994) § 10)
12-8C-4: ACCESSORY USES:
VA565 07-03A.TXT (2)
Not applicable in the NAP District. (Ord. 21(1994) § 10)
12-8C-5: DEVELOPMENT STANDARDS:
Not applicable in the NAP District. (Ord. 21(1994) § 10).
12-8C-6: PARKING AND LOADING:
Parking and loading requirements will be determined by the Planning and Environmental
Commission during the review of conditional use requests in accordance with the provisions of
Chapter 16 of this Title. (Ord. 21(1994) § 10)
12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS:
Additional regulations pertaining to site development standards and the development of land in
the Natural Area Preservation District are found in Chapter 14, "Supplemental Regulations", of
this Title. (Ord. 21(1994) § 10)
ARTICLE D. SKI BASE/RECREATION (SBR) DISTRICT
SECTION:
12-813-1: Purpose
12-8D-2: Permitted Uses
12-8D-3: Conditional Uses
12-8D-4: Accessory Uses
12-813-5: Location Of Business Activity
12-813-6: Development Plan Required
12-8D-7: Development Plan Contents
12-813-8: Development Standards/Criteria For Evaluation
12-8D-9: Lot Area
12-8D-10: Setbacks
12-8D-11: Height
12-8D-12: Density Control
12-813-13: Site Coverage
12-8D-14: Landscaping And Site Development
12-8D-15: Parking Plan And Program
12-8D-1: PURPOSE:
The Ski Base/Recreation District is intended to provide for the base facilities necessary to
operate the ski mountain and to allow multi-family residential dwellings as a secondary use if
certain criteria are met. In addition, summer recreational uses and facilities are encouraged to
achieve multi-seasonal use of some of the facilities and provide for efficient use of the facilities.
(Ord. 24(1995) § 1)
12-8D-2: PERMITTED USES:
A. Within Main Lodge: The following uses shall be permitted within the main base lodge
building in the Ski Base/ Recreation District:
Basket rental.
Injury prevention and rehabilitation facilities for owners' use.
i'
Woods, Fairfield and Memo
To: Vail Housing Authority Board & Staff
From: James M. Mulligan, Esq.
Date: 09/13/01
Re: Executive Summary -Mountain Bell Site Project Documentation
The Vail Housing Authority ("VLHA"), as special agent for the Town of Vail ("TOW), has completed the RFP
process initiated earlier this year by TOV's town council sitting ex-off icio as the Board of the VLHA.
Subsequently, the TOV appointed new Board members for VLHA and requested VLA to complete the RFP and
pursue an agreement with a selected developer to build the project anticipated in the RFP. VLHA agreed to do
so, reviewed and interviewed the candidate developers and selected Coughlin & Company, Inc. as the
preferred developer ("Developer") to design, develop, build, own (subject to a land lease) operate and maintain
a multi-family rental housing development on a portion of the Mountain Bell Site. The anticipated development
will be: built on a leasehold estate subject to a long term land lease from TOV (through VLHA); restricted for use
by employees in the Vail area by a Deed Restriction; and shall include an agreed number and mix of restricted
rental units, certain amenities and support facilities, parking and a Child Education Center ("CEC") to replace the
existing one presently operating on the site (collectively, the "Project").
After several weeks of negotiations, VLHA and the Developer entered into a Development Agreement dated
August 30, 2001 that spells out the duties and responsibilities of the parties regarding the Project. Following is
an executive summary of that agreement and its requirements.
Document: Development Agreement
Date: August 30, 2001
Parties: Landowner: TOV, by and through VLHA as special agent
Developer: Coughlin & Company, Inc.
Property: Portion of Mountain Bell Site, as described in Exhibit A
Overview: The Developer is to design, submit for approval, develop, own (subject to a land lease),
operate and maintain the Project pursuant to an approved Project Program. The Project Program consists of a
narrative executive summary of the Developer's plan for the development, ownership and operation of the
Project, together with the Project Plans, Project Budget and Project Schedule, each of which is a detailed
submittal that is reviewed and approved by VLHA as consistent with the RFP Goals and the area employee
housing needs as set forth in a Market Study being conducted by the Housing Collaborative for VLHA. Upon
approval, the Project Program is incorporated into the Development Agreement.
The documentation for the Project and its development, ownership and operation includes three basic
agreements between the parties: (1) The Development Agreement described herein; (2) The Land Lease; and
(3) The Deed Restriction. The other major contracts for the Developer's implementation of the Project Program
that will be reviewed for approval by VLHA include the contracts with the Project Architect, the Project
Contractor and the Property Manager.
Basic Terms & Program:
Developer Duties. Developer's basic task is to implement the Project Program and, in connection therewith, to
enter into and agree to perform or be bound by the Land Lease and the Deed Restriction as defined in the
Development Agreement.
The Proiect Proaram. The Developer will submit to VLHA its initial Project Program package during the
first half of September. VLHA will review the Project Program submittal in its own right for conformance to the
RFP Goals, and then for its consistency with the findings of the Market Study regarding unit mix and rental rates
which is due at the end of September. The Parties are to attempt mutual agremeent as to the Project Program
by October 5, 2001. VLHA , if it does not reach agreement with the Developer regarding the Project Program
during said time period, has the right to terminate the Development Agreement. If a termination by VLHA occurs
at this early point in the process, VLHA will purchase the exclusive ownership of the Project Work Product
(Plans, agreements, budgets, etc.) from Developer for $25,000 and the Development Agreement will terminate.
It is expected that negotiations as to acceptable terms regarding the Project Program, particularly unit mix, rents
and project financing options, will be ongoing during September and early October.
Assuming an acceptable Project Program, then the Developer intends to pursue all public approvals
required for the Project with the TOV and others having any jurisdiction, legally or politically, over the Project. At
the same time, Developer will be pursuing Project Financing with its lenders and investors. Assuming all
approvals go well and timely, and Project Financing is approved timely, Developer hopes and intends to
commence construction during 2002, with a construction time-line of approximately 18 months, subject to the
normal delays that could occur regarding weather, etc.
If Project Financing is not closed by October 31, 2003, then VLHA may terminate the Development
Agreement and Land Lease. At that time, if it is shown that•TOV or VLHA caused delays (outside of the normal
approval process) in achieving such financing, then there is a possibility that they could be liable for a cost
reimbursement of its allocated percentage of "delay responsibility" up to a maximum liability of $250,000. At that
time, VLHA is entitled to receive the Project Work Product of Developer, which will be much more detailed and
further along than at the beginning.
Assuming all is timely achieved, then Developer will complete the Project and its initial lease-up, and
then the Property Management contract will come into play to manage the ongoing operation of the Project.
The Land Lease. Assuming the Project Program is acceptable, the Land Lease will be prepared by
VLHA and submitted for acceptance by Developer in early October of 2001, with an intent to arrive at mutual
agreement by October 15, 2001, for a final document to commence the lease term on November 1, 2001. The
Land Lease will be in two phases, one for the pre-construction and the construction and lease-up phase (Pre-
Completion Phase) and one for the period following the construction and lease-up of the Project (Operating
Phase). The estimated term of the entire lease is 53 years, as the second phase term will be a fifty (50) year
term commencing upon the beginning of amortization of the Project Financing (which will be after lease-up has
been achieved). Per the Development Agreement, the Land Lease will contain certain provisions, including: (1)
the fee to the land owned by TOV shall not be at risk to We Project Financing; (2) it is subject to termination if
Project Financing is not closed by October 31, 2003; (3) The Project and all inclusions reverts to VLHA free and
clear upon expiration of the lease term; (4) it is an absolute net lease, meaning that all obligations regarding the
Project are paid for by lessee during the term, and rent payments are net of those obligations; (5) Rent shall
consist of a base rent of one dollar per year, plus additional rent inclusive of: a Development Rights Fee equal to
'/2 of one percent of Gross Collected Revenues from Operations; a Development Application and Monitoring
Fee of $250,000; and a share of Distributable Cash beyond a certain threshold pursuant to an agreed Sharing
VLHAExec• Page 2
Formula; (6) early buy-out options, one in the 45'h year and one in the 30th year, each upon differing terms,
although expensive; (7) Replacement reserves shall revert to VLHA at expiration; (8) other terms that are
consistent with the Development Agreement or standard in the industry for similarly situated land leases, and
further terms that may be required for Project Financing and consistent with the Project Program.
The Deed Restriction. The Deed Restriction shall be prepared by VLHA and submitted to Developer
during early October of 2001, to be negotiated at least as to form and mutually agreed upon by October 15,
2001. The Deed Restriction is to include restrictions, or a methodology for determining such restrictions, on the
qualified rents and the qualified occupants of the agreed dwelling units, together with restrictions, or a
methodology for determining such restrictions, on rental increases on all dwelling units. As to qualified
occupants, it is anticipated that the restriction shall be directed at employees working in the Vail Valley, with
preference for those working within town limits. There are certain exceptions regarding the rental increases that
apply to certain units, with caps that tie to CHAFA allowed increases. The beneficiary and administrator of the
Deed Restrictions shall be VLHA. It shall be recorded against the real property.
If the parties cannot agree on the terms of such Deed Restriction, then either party can terminate the
Development Agreement by mid-October. If terminated, VLHA is entitled, but not obligated, to purchase, at its
election, the Project Work Product for the sum of $25,000.
The Child Education Center ("CEC"). Developer shall demolish the existing center and construct the
Core and Shell for a new CEC of approximately 4,800 square feet, together with a $50 per square foot tenant
finish allowance. All cost savings below $1,000,000 for the Core and Shell, plus tenant finish allowance, shall be
paid to VLHA. No demolition shall occur before closing of the Project Financing, and Developer shall coordinate
with CEC's contractor regarding completion and tenant finish items. The CEC shall be sub-leased by the
Developer to TOV for the term of the Land Lease at one dollar per year, on a triple net basis, and TOV shall be
specifically allowed to further sub-lease the CEC to a tenant of its choosing.
Maior Contracts. Developer shall use an agreed selection process for Major Contracts other than the
ones described above for which VLHA has review and approval rights. Developer shall solicit VLHA's
comments regarding any recommended Major Contracts.
Shelf-Condominium. VLHA may, if desirable, require the condominium ization of the Project to preserve
the right later to potentially sell dwelling units to qualified buyers targeted by VLHA. VLHA shall be responsible
to prepare the documentation and shall pay for same. VLHA shall be responsible for any increases in the
Project Budget occasioned by such condominium ization (e.g.; property taxes, dues, etc.).
Other Duties. Developer has several other duties, including: obtaining reasonable cost guaranties and
protections; securing all project approvals; securing Project Financing; arrange and direct all performance of the
Project development and construction; administer Project Expense Draws in the manner prescribed; market and
complete the Project's leasing; assure timely and professional management of the completed Project;
implement the final Project Program.
VLHA Duties. VLHA's duties regarding the Project and the Project Program include:
Review and approve within its discretion the Project Program;
Prepare and submit the Land Lease and the Deed Restriction;
Provide leasehold title;
Review Project Contracts as indicated;
Secure certain TOV plan review fee and sales & use tax waivers;
Cooperate mutually with program.
VLHAExec• Page 3
Limitations. Certain enumerated limitations are imposed in order to be sure that work is not commenced and
liabilities are not incurred prior to the approval of the timely and appropriate commitments or documents.
Developer Compensation. The Developer is to be compensated from Project revenues or other sources as
follows, but neither VLHA or TOV shall be liable for such funding or payment.:
Development / Construction Manaaement Fee: Four percent (4%) of the Project's development budget,
with 75% payable over eighteen months, commencing October 1, 2001, and the remaining 25% withheld and
paid only upon 90% lease-up.
Propertv Management Fee: five and one-half percent (5.5%) of Gross Collected Revenues From
Operations. Certain review and termination rights are provided regarding Property Manager.
Financina Fees: For first mortgage leasehold debt, if credit enhanced, a maximum of 2%; if not credit
enhanced, a maximum of 3%. Equity placement fee of a maximum of 3%, with a cap of $180,000. In this
regard, Developer guarantees that it will participate in the Project ownership with its own cash.
Reports. Developer has agreed to provide timely and updated reports on a frequency basis that is tied to the
stage of the Project. VLHA and TOV agree to attempt to retain the information as confidential, unless deemed
needed for executive session.
Default/Remedies. Termination is not an appropriate remedy in this Project, since the lender and investors will
not want such to happen. Defaults and remedies for VLHA, however, do allow for the following, in addition to
others provided at law or in equity:
Non-Material Defaults. Notice, cure and, if not timely cured, self-cure and charge-back.
Material Defaults. Notice, Cure and, if not timely cured, either sue for damages (including consequential
and punitive damages), or self-cure and charge-back.
Maior Material Default: If certain defaults essential to the ongoing completion of the Project are not
timely performed, then, after notice and if cure rights expire, VLHA can go in and take over Project and its
completion. If such occurs, and Project is completed by VLHA (probably via a substitute developer), then the
completed Project is handed over to the Property Manager. Developer pays all costs incurred by VLHA to so
enforce its remedies and complete the Project.
VLHA Defaults: General remedies at law or in equity afforded Developer; provided, however, that such
remedies are limited by, and there is expressly no waiver of, immunities granted to VLHA and TOV via statutory
Governmental Immunities Laws and other similar laws limiting actions against governmental entities in
Colorado.
Force Maieure. Allows excused delays because of acts of God, etc., with certain limitations regarding matters
that occur normally within the area of the property.
Miscellaneous. Several provisions regarding: notice; no partnership; mediation/arbitration; attorneys fees;
assignment; binding effect; entire agreement; counterparts; facsimile signatures.
Authoritv. This provision has each party represent that they have the authority to enter into and perform the
agreement. It does make the agreement expressly subject to approval of the VLHA Board and the TOV on or
before October 3, 2001.
VLHAExec• Page 4
DEVELOPMENT AGREEMENT
(Leasehold Improvements)
MOUNTAIN BELL SITE
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this
day of Ofi , 2001, by and between TowN of VAIL LOCAL HOUSING
AUTHORITY, aColoAO~rado statutory housing authority ("VLHA"), and COUGHLIN & COMPANY,
INC., a Colorado corporation, or its permitted assigns ("Developer"). The aforesaid parties to this
Agreement are collectively referred to herein from time to time as "Parties."
RECITALS
WHEREAS, VLHA is currently an Owner Representative for the Town of Vail ("TOV"),
the present owner of a parcel of real property located in Vail, Eagle County, Colorado, which
parcel is legally described on Exhibit "A" attached hereto and incorporated herein by this
reference ("PrMertv"); and
WHEREAS, VLHA intends to either acquire fee ownership of the Property from TOV or
alternatively continue in its role as Owner Representative to TOV, in either case for the purpose
of negotiating, consummating and monitoring an agreement for the development of the Property
into a multi-family rental housing development with rents that are intended to be affordable to
certain income levels of residents within the local community, plus support facilities, parking,
certain amenities and a day care center ("Proiect"); and
WHEREAS, during early summer of 2001, VLHA issued a Request for Proposals
("RFP") to potentially interested developers to develop the Project generally in accordance with
the goals, objectives and specifications as outlined in the RFP; and
WHEREAS, Developer was one of several developers who submitted a response to the
RFP, and Developer was subsequently chosen by VLHA to negotiate in good faith for an
arrangement under which Developer would be allowed to develop, own and operate the Project
subject to a long term land lease of the Property from or through VLHA; and
WHEREAS, VLHA has recently entered into a letter of understanding ("LOU") with
Developer outlining the general terms under which the Parties might reach agreement for
Developer to so develop the Project, which LOU, although non-binding as to either party, is
intended to generally frame the arrangements under which a more definitive agreement would be
forthcoming, supplemental to the RFP and subject to other mutually agreed terms and provisions
as set forth herein; and
WHEREAS, Developer desires to enter into one or more definitive agreements with
VLHA to allow Developer to lease the Property and to develop, own and operate the Project
thereon for the term of the land lease; and
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8-30FinaIVLH
WHEREAS, VLHA is willing to enter into one or more definitive agreements to allow
Developer to lease the Property and develop the Project thereon, subject to the terms and
provisions of this Agreement; now therefore
FOR TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE
CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged by the
Parties, and in consideration of the mutual covenants and promises herein contained, the Parties
agree as follows:
AGREEMENT
1. DEFINITIONS:
a. Agreement: This Development Agreement.
b. Land Lease: That certain long-term land lease to be entered into by Developer as
Lessee, with VLHA as Lessor, or as Owner Representative for TOV as Lessor, as the
case may be, whereunder Developer shall be allowed to develop the Project thereon,
expressly subject to the terms and provisions of this Agreement and said Land Lease.
c. Core and Shell: Core and Shell: Shall mean and refer to the materials, labor,
equipment, supervision, and other items necessary to reach final completion for a
4,800 GSF structure and all associated Sitework (defined below) up to and including
the limits of the pad ready site. Final completion of this structure shall be to
standards of the industry, and will specifically include, but not be limited to all
substructure, superstructure, exterior skin, roof necessary to complete the building
envelope, plus Finishes, Mechanical and Electrical scope defined below, as follows:
(i) Sitework: Shall mean and refer to all work described in the Construction
Specification Institute's Division Two - Sitework and shown on the Project Plans
as within the limits of the pad-ready site.
(ii) Finishes: Shall mean and refer to all material, labor, equipment, supervision and
other items required to completely finish the exterior of the building per the
Project Plan standards for every other building on the site, as well as provide a
broom-finished concrete slab-on-grade floor with concrete sealer, exposed
structure at the ceiling, and the vapor barrier over the warm side of insulation at
exterior walls.
(iii)Mechanical: Shall mean and refer to all material, labor, equipment, supervision
and other items required to provide a complete and operable HVAC system with
four points of control, and plumbing stubbed up 0'-6" above top of concrete
where required by the tenant. Fire sprinkler system shall also be provided per
code minimums for Core and Shell design, with adequate capacity to
accommodate Final Certificate of Occupancy as required per the tenant's final
design.
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8-30Fina1VLH
(iv)Electrical: Shall mean and refer to all material, labor, equipment, supervision and
other items required to provide power to the above Mechanical work per code,
plus a Main Distribution Center and two (2) subpanels within the building per
Core and Shell Design, with locations and adequate capacity to accommodate the
electrical demand and design as reasonably required by the tenant, and an
underground, continuous, dry, empty two-inch (2") PVC conduit from the
telephone pedestal into the building and stubbed up to 0'-6" above the top of
concrete floor. Fire alarm system shall also be provided per code minimums per
Core and Shell design, with adequate capacity to accommodate the Final
Certificate of Occupancy as required by the tenant's final design.
d. Distributable Cash: Gross collected revenues from any and all Project related sources
(except for the initial debt and equity capitalization required to implement the Project
Program), less: i) Project Operating Expenses, including accrued expenses and
unreimbursed pre-paid expenses for negative cash flow support for the previous
year(s); ii) Debt service payments required for the Original Debt; (iii) Debt service
payments required for debt incurred in the normal course of business operations
except for operating deficit funding which is not included; (iv) A refinance of the
Original Debt, so long as such refinance either reduces the debt service payment
amounts when fully amortized within the term allowed herein for Project Financing,
or quickens the commencement of VLHA's share of Distributable Cash as further
described herein; (v) Deposits to all Reserves for Replacement and any other reserve
accounts mutually agreed by the Parties as deductions under this paragraph; (vi)
Capital Expenditures (if funded outside of any Reserves for replacement); (vii) Any
payments to low income housing tax credit ("LIHTC") purchasers invested in the
Project to cover any of their required "exit" taxes at the end of the LIHTC 15-year
compliance period, if any; (viii) Ongoing legal, audit and accounting fees and costs
paid to third parties unrelated to - Developer as required outside of standard
management practices; and (ix) %2 % of Gross Collected Revenues from Operations as
a Development Rights Fee paid to VLHA.
e. First Costs: Shall mean and refer to all costs expended or incurred in order to
develop, construct, equip and lease-up the Project, including all site, infrastructure,
utility, approval, design, development and construction costs, whether the costs are
hard, soft, direct and indirect, and as set forth in the Project Budget for the approval,
financing, development, construction, equipping and initial leasing of the Project
f. Gross Collected Revenues From Operations: Shall mean and refer to all receipts
received from the operation of the Project by the Project Manager, exclusive of the
proceeds of Project Financing, re-financing or any other allowed financing or sale of
the Project.
g. Material or Materiallv: Once the final Project Program, the contract with the Project
Architect and the contract with the Project Contractor have been approved by VLHA
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8-30FinaIVLH
as herein provided, Developer shall only be required to seek VLHA's approval to any
modifications thereof, if.
(i) The total First Costs to complete the Project is increased ;
(ii) The proposed closing date set forth in the Project Schedule for the Project
Financing is delayed more than a cumulative period of four (4) weeks, or the
proposed completion date for the construction of the Project as set forth in the
Project Schedule is delayed by more than a cumulative period of two (2)
months. Notwithstanding the foregoing provisions, any delay in the scheduled
occupancy date of the dwelling units constructed within a particular phase of the
Project, as set forth in the Project Schedule, which would cause the occupancy
of any units in such phase to occur later than the immediately following
November 15th shall require the prior written permission of VLHA; or
(iii) The Project Plans for the exterior of the Project, the quality of the exterior
materials, or the ratio of the usage of exterior materials, are proposed to be
changed to such a degree as would require the TOV's Design Review Board
approval.
h. OriLyinal Debt: The amount of Project Financing incurred to construct, equip, lease-
up and hold the Project pursuant to the Project Proforma, the term of which shall not
exceed the 45th year from and after the Conversion Date (defined in Section 2.b.ii
hereinafter).
i. Proiect: The Project shall mean and refer to a deed restricted, multi-family residential
rental development located upon the Property and subject to the Land Lease,
consisting of an approved number and mix of residential rental dwelling units wherein
an approved number of the dwelling units shall be restricted to qualified occupants
and qualified rents and wherein the overall rents and rental increases shall be
contained, or provided for, in the Deed Restrictions set forth herein. Said Project
shall also include related support infrastructure, utilities, associated facilities and
amenities, parking and a day care center as more particularly described in the Project
Plans and otherwise reasonably inferred therefrom.
j. Proiect Architect: Shall mean and refer to O'Dell Architects of Evergreen, Colorado.
k. Proiect Budget: The budget to be attached hereto as Exhibit "B" upon VLHA
approval as described herein, which shall include: (i) a detailed, line-item "Sources
and Uses of Cash" schedule setting forth good faith estimates of projected line-item
receipts and disbursements for the development period, projected on a monthly basis,
from execution of the Land Lease through lease-up of the Project, together with
justified totals; plus (ii) a five percent (5%) contingency within the Project Budget, the
utilization of which, except for matters outside of the direct and reasonable control of
Developer and/or distributions of any remaining balance in this line item that shall be
distributed to Developer, all of which distributed amounts shall be applied in order to
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8-30Fina1VLH
hasten the commencement of payments to VLHA of Distributable Cash pursuant to
the sharing formulas set forth in Section Lr below, shall require: (1) prior written
notice to VLHA, (2) a written explanation of the reason for the utilization, and (3) a
right in VLHA to object to its use if, in VLHA's reasonable opinion, the utilization is
not commercially reasonable, or is not consistent with the goals and objectives of the
Project ( if the Parties thereafter disagree as to its utilization, then the Mediation &
Arbitration provisions of Section 14 of this Agreement shall apply); plus (iii) a
projected proforma ("Proiect Proforma") for the Project upon completion and for at
least twenty years of operations, which proforma shall include unit mix, rental rates
and projected rental increases, a detailed, line-item breakdown of all revenues and
expenses received or incurred, showing and noting all cash and accrual items, in the
operation of the, Project, all debt service expenditures, all capital expenses, all
Reserves and other items normally set forth and detailed in such operating proformas
within the multi-family professional management industry for similar projects, GAAP
compliant, as such budget may be thereafter amended from time to time pursuant to
this Agreement.
1. Proiect Contractor: Shall mean and refer to Shaw Construction of Denver & Grand
Junction, Colorado.
m. Proiect Financing: Debt Financing, whether interim, permanent or both, pursuant to
the Project Proforma that, when combined with Developer's capital contributions,
equity and any advances made toward the Project, is sufficient to construct and equip
the Project consistent with the Project Program.
n. Property ManaLyer: Shall mean and refer to Coughlin Property Management, LLC of
Denver, Colorado.
o. Proiect Oneratina Expenses: Shall mean and refer to such expenses as are proposed
for inclusion by Developer as a part of its Project Proforma, and includable to the
extent that such expenses are congruent with the highest industry standards for
similarly situated projects as may by published by, or otherwise available from, the
Institute for Real Estate Management. .
p. Proiect Plans: The final, complete, unambiguous and detailed plans and
specifications for the Project to be prepared by O'Dell Architects, clearly identifying
the limits of the CED site, together with their consultants, and approved by VLHA. A
preliminary conceptual set of plans, together with outline specifications, showing
basic site plan, floor plans, elevations and perspectives, shall be attached hereto as
Exhibit "C" and incorporated herein by this reference.
q. Proiect Program: The overall plan for the Project reflecting the stage of development
at the time of the applicable submission to VLHA by Developer, inclusive of the
Project Budget, Project Plans and Project Schedule, together with a schedule of the
Project team and responsibility allocations, and a narrative description of the planned
program for development, ownership and operation. The Project Program, as
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8-30Fina1VLH
submitted to and approved pursuant to this Agreement by VLHA and the construction
lender, shall be the final Project Program for purposes hereof
r. Proiect Schedule: The planning, development, approval, financing, construction,
lease-up and operating schedule for the Project to be attached hereto as Exhibit "D"
upon VLHA approval as described herein, as it may be amended from time to time
pursuant to this Agreement. The Project Schedule shall reflect continuous activity on
the Property from the date of issuance of the Notice to Proceed for construction until
the final completion of the Project.
s. Prooertv: The real property to be subject to the Land Lease, as described on Exhibit
"A," attached hereto. a
t. Sharina Formula:. Within sixty (60) days after the end of each calendar year,
Developer shall calculate the annual internal rate of return ("IRR") of the Project for
the previous year. Assuming that Developer has utilized a low income housing tax
credit ("LIHTC") program to finance the Project, if the Distributable Cash distributed
to Developer, results in a cumulative annual IRR of 20%* as of such time, then
VLHA shall share in each dollar of remaining Distributable Cash that year, and in all
subsequent years from the first dollar of Distributable Cash, in a ratio that reflects the
following allocations:
Cash Distributed Developer VLHA
First $200,000 100% 0%
Next $150,000 90%, 10%
Next $100,000 80% 20%
Next $100,000 70% 30%
Next $100,000 60% 40%
Thereafter 50% 50%
The foregoing sharing allocation assumes an initial investment of $1,250,000.00. If the
initial equity investment is greater than $1,250,000, then the sharing allocation will adjust
so that the percentage increase in equity shall be reflected in the same percentage increase
in the various thresholds for each bracket of the Sharing Formula. Certified copies of
Developer's calculation of VLHA's sharing allocation shall be delivered to VLHA within
ten (10) business days from the date of such calculation, following which VLHA shall
have ten (10) days thereafter to review and object to such calculation, which objection
shall only be allowed if the differential between VLHA's calculation and that of the
Developer is greater than five percent (5%). In the event of timely objection, the Parties
shall attempt to reach a mutually agreeable resolution of the differences. If no mutually
agreed resolution is reached between the Parties within. fifteen (15) days from and after
the date allowed for the objection, then the Parties shall proceed under the provisions of
Section 14 of this Agreement regarding Mediation & Arbitration. If timely objection is
not made by VLHA as herein provided, then the Developer's calculations shall be binding
upon the Parties.
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8-30FinalVLH
*In the event an LIHTC program is not used in the Project, the IRR threshold prior to
sharing with VLHA as above shall increase to a minimum of 22%, but in no event shall
exceed 25%, as such increase shall be mutually agreed upon by the Parties.
2. DEVELOPER'S DUTIES: Developer shall timely implement the Project Program and
shall develop the Project in accordance with the terms of this Agreement. In doing so,
Developer shall perform the specific duties set forth in this Agreement, together with
such other duties as are reasonably inferable from those that are specifically enumerated
and within industry standards. In carrying out its duties under this Agreement, Developer
shall use diligent skill and care, and shall apply its reasonable business judgment.
Developer's duties to VLHA in developing the Project shall include the following
activities:
a. On or before September 4, 2001, Developer shall prepare and submit to VLHA for
VLHA's approval a current Project Program. The Project Program shall specifically
address the results of the market study that is currently underway, contracted for by
VLHA with the Housing Collaborative to address the demand parameters for the
number, mix, size and rent levels of dwelling units in the Project, the results of which
shall be supplied to Developer by VLHA by August 31, 2001 (the "Market Studv").
It shall not be reasonable for VLHA to disapprove of the Project Program if
Developer has met the goals of the TOV and VLHA as set forth in the RFP
(excluding "Suggested Rents" and "Project Completion Date" as defined therein), are
reasonably consistent with Developer's previous submittals in response to the RFP, as
mutually agreed in light of the Market Study, and has proposed several viable
financing option that meet the goals set forth in the RFP, as mutually agreed in light
of the Market Study. Upon VLHA's review and approval of the initial Project
Program, such Project Program shall be incorporated herein and attached hereto as
exhibits. The Project Program shall be further updated as needed or reasonably
requested by VLHA. Developer shall be principally responsible for implementing the
Project Program and, in doing so, shall use its best and diligent efforts in
implementing the Project Program and in managing the Project's progress to
accomplish the time, cost, design and quality goals set forth in the Project Program. If
VLHA does not approve the initial Project Program and the Parties cannot reach
mutual agreement as to an acceptable initial Project Program on or before
September 14, 2001, VLHA shall be entitled to terminate this Agreement via written
notice of termination within thirty (30) days thereafter; in which event VLHA shall
pay to Developer the sum of $25,000 and shall simultaneously receive from
Developer an assignment of all ownership rights in and to the Project Program,
inclusive of the Project Budget, the Project Plans and the Project Schedule and all
other documents, plans, proformas, schedules, agreements, approvals, notes, budgets,
rights, interests and related information in Developer's possession relating to the
Project in the following formats: all drawings and plans in Auto-Cad version #14 or
better; all spreadsheets in Microsoft Excel version 97 or better; all narrative
information, including specifications, in Microsoft Word, version 97 or better; all
such formats fully accessible (collectively, "Proiect Work Product"), with 'an
understanding that ownership of the Project Plans shall be exclusively in VLHA.
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Following said payment and assignments, neither party shall have any further
obligation to the other regarding this Agreement or the Project. If no such termination
is timely noticed, then the initial Project Program as submitted by Developer shall be
deemed accepted and this Agreement shall remain in full force and effect.
b. On or before October 31, 2001 Developer and TOV or VLHA, as the case may be,
shall enter into and agree to perform the Land Lease. The Land Lease shall be
prepared by VLHA and submitted to Developer on or before September 7, 2001, and
Developer shall; provide its comments thereto by the end of business on
September 10, 2001. Both versions shall be in both hard copy and electronic format,
using Word, version '97 or better, and revisions thereto shall include both a "red-
lined" and a "clean" version. The terms of the Land Lease shall be generally
consistent with industry standards for such long-term land leases for similar properties
to the Project but, notwithstanding any other provisions to the contrary, containing at
least the following provisions:
i. The Land Lease shall'be structured so that fee title to the Property will not be at
risk in any manner to the Project or to any debt or equity funding regarding the
Project, including the Project Financing, and VLHA or TOV, as the case may
be, shall be allowed to post notices of non-liability of Land Lessor as provided
by state statutes. Should the terms of the Project Financing require any form of
pledge of the fee interest, Developer expressly acknowledges that neither VLHA
or TOV is required to approve such pledge, but VLHA and TOV agree to review
the terms of such pledge in conjunction with other and further undertakings of
Developer to mitigate the risk of such added pledge with a view, but without an
obligation, to attempt to become satisfied that the additional mitigation of
Developer may offset the risk of the proposed pledge.
ii. The term of the Land Lease shall be in two (2) phases. The first phase shall
commence on November 1, 2001 and shall run through the closing of the
construction financing and until a reasonably mutually agreed conversion date
(e.g.; the date that the Project Financing begins to amortize) set forth in the
construction financing documents ("Conversion Date"). The second phase of
the Land Lease shall commence upon the Conversion Date and run for a term of
fifty (50) years thereafter. Notwithstanding the foregoing, if the Developer has
not closed the construction financing for the Project on or before October 31,
2003, then the Land Lease shall be immediately terminable by VLHA in its sole
election and upon notice provided to Developer within thirty (30) days
thereafter. To the extent that the failure to close the construction financing was
due to delays that were caused by the action or inaction of VLHA or TOV
(beyond a twelve (12) month period for the normal public approval process for
the Project by TOV unless and to the extent that said approval process is
delayed at the instance of the Developer), then Developer shall be entitled, upon
such termination, to reimbursement from VLHA of its agreed or adjudicated
proportionate share of documented third-party costs incurred to pursue the
Project to that date, calculated as a fraction of a maximum amount of $250,000.
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By way of example only, if VLHA agreed that it and TOV were responsible for
a proportionate share of the delays equal to ten percent (10%), then their
collective share of the costs incurred by Developer hereunder would be $25,000,
or 10% of the maximum amount of $250,000. If the Parties cannot reasonably
agree on an allocation of responsibility within said cap amount that is caused by
VLHA or TOV regarding delay(s) that prevented the timely closing of the
construction financing hereunder, then the Parties agree to submit such dispute
to binding arbitration pursuant to the American Arbitration Association .
commercial arbitration rules then appertaining. If a payment is required of
VLHA under this paragraph, then VLHA shall be entitled to simultaneously
receive a full and complete assignment, including exclusive ownership rights
thereto, of the Project Work Product.
ill. Upon the expiration of the Land Lease, the Project and all inclusions, personal
property (tangible and intangible), trademarks and service marks, furniture,
fixtures and equipment and other appurtenances owned by Developer or used in
connection with the operation of the Project ("Proiect Inclusions") shall revert to
and become the sole property of VLHA, all in a condition that meets the
standards of CHFA, FHA or other third parties having a right and standing to
review the condition of the Project, given the age of the Project at such time,
and free of any and all debt or other encumbrances.
iv. The Land Lease shall be an absolute net lease, meaning that all payments and
other obligations or liabilities of any nature or kind whatsoever regarding the
Property or Project shall be the responsibility of Developer and not the
responsibility of VLHA or TOV. Developer shall provide a full and complete
indemnity satisfactory to VLHA and TOV against and from any claims of third
parties regarding obligations or liabilities in any manner relating to the Property
or the Project during the term of the Land Lease.
V. Rental payments under the Land Lease shall consist of the following:
(1) Base Rent of One Dollar ($1.00) per year, due each year upon the
anniversary date of the Land Lease; plus
(2) Additional Rent payments to VLHA each year on the anniversary date of
the Land Lease of Distributable Cash in accordance with the Sharing Formula;
plus
(3) The Development Rights Fee equal to Y2% of Gross Collected Revenues
From Operations, paid monthly.
vi. Early Buy-out options under which VLHA shall be entitled to purchase the
Developer's interest in the Land Lease, including all Project Inclusions, as
follows:
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(1) At the end of the 45th year of the second phase of the Land Lease, for a
price equal to the greater of the initial investor equity in the project or three (3)
times the said 45th year's Distributable Cash to Developer, free of any and all
debt or other encumbrances, which price, in any event, shall represent a
projected IRR to VLHA that is at least 20% on the buy-back investment,
assuming that the current year's Distributable Cash, after deducting any first
mortgage payments, continues through the 50th year without change. VLHA
shall give Developer twelve (12) months prior written notice of its intent to
exercise the foregoing option. Developer does not guarantee the performance of
the Project following its return to, or buy-out from, VLHA.
(2) A buyout of the Land Lease at the end of the 30th year of the second
phase of the Land Lease, subject to all existing and previously agreed debt
obligations and at a price that reflects (i) an IRR to Developer equal to the
cumulative IRR calculated as of the end of the previous calendar year plus five
(5) points. In no event, however, will the buy-out price be less than the amount
required to give Developer a cumulative IRR of twenty-two percent (22%).
VLHA shall give Developer twelve (12) months prior written notice of its intent
to exercise the foregoing option. VLHA acknowledges that such transfer shall
be subject to the approval of the Project lender, and that Developer shall not be
in default of this option if the lender refuses to permit such transfer. Developer
shall include a request for prior approval of this buy-out arrangement from its
Project lender as a part of Developer's application for Project Financing.
The amount remaining in any agreed replacement reserve funds shall revert to VLHA
upon expiration or earlier termination of the Land Lease. All other agreed reserve
funds shall be distributed to Developer and VLHA in accordance with, and as a part
of, the Sharing Formula.
If the Parties cannot reach mutual agreement as to the remaining terms of the Land
Lease on or before the end of business on September 14, 2001, then either party shall
be entitled to terminate this Agreement via written notice to the other within ten (10)
days thereafter, in which event VLHA shall be entitled, but not required, to purchase
from Developer all ownership rights to the Project Work Product for the sum of
$25,000. VLHA's obligations under this Agreement shall cease upon such
termination, and Developer's obligations under this Agreement shall cease upon the
later of. (i) the termination of this Agreement; or (ii) in the event VLHA elects to
purchase the Project Work Product via written notice to Developer within ten (10)
days after such termination along with tender of payment, then upon receipt by VLHA
of the Project Work Product and its assignment in exchange for the payment of
$25,000 by VLHA to Developer as aforesaid
c. On or before September 7, 2001, VLHA shall submit to Developer the form of Master
Deed Restriction or similar instrument ("Deed Restriction") and Developer shall
provide its comments thereto by the end of business on September 10, 2001. Both
versions shall be in both hard copy and electronic format, using Word, version '97 or
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better, and revisions thereto shall include both a "red-lined" and a "clean" version.
The Deed Restriction prepared by VLHA shall set forth the proposed restrictions
applicable to the Property and the Project, which Deed Restriction, when completed,
shall be recorded against the Project and shall be binding upon the title to same. The
terms of the Deed Restriction shall be consistent with the Project Program, and shall
include restrictions, or a methodology for determining such restrictions, on the
qualified rents and qualified occupants of the agreed restricted dwelling units, and
restrictions, or a methodology for determining such restrictions, on rental increases on
all dwelling units. Notwithstanding the foregoing, the Deed Restriction shall allow
Developer to annually increase the market rate rents charged in the Project (the
"Minimum Market Rent Increase") equal to the greater of (i) the percentage increase
in rent levels charged by the Colorado Housing and Finance Authority ("CHFA"), or
(ii) two percent (2%). In addition to the Minimum Market Rent Increase, if
Developer's cash-on-cash return does not reach a cumulative twelve percent (12%)
per annum by the fifth (5th ) year of operations, Developer can implement additional
annual rental rate increases on the market rate units equal to two times (2x) the
applicable Minimum Market Rent Increase (the "Supplemental Market Rent
Increase"). In this latter instance, for example, if the Minimum Market Rent Increase
is two percent (2%) in a given year, the Supplemental Market Rent Increase for such
year could be four percent (4%), for a total annual rent increase of four percent (4%).
The ability of Developer to charge the Supplemental Market Rent Increase would
remain in effect until the annual cash-on-cash return to Developer reaches a
cumulative twelve percent (12%).
The specific restrictions required by TOV and VLHA shall be incorporated into the
Deed Restriction, and the remaining terms of the Deed Restriction, except as to what
may be required for Project Financing as supplemental thereto, shall be finalized prior
to September 14, 2001. The supplemental restrictions required of the Project
Financing shall also be incorporated into the Deed Restriction if and where required,
and the Deed Restriction shall be finally executed and recorded on or before the
closing of the construction financing. The administrator and a beneficiary of the Deed
Restriction shall be VLHA.
If the Parties cannot agree to the form of the Deed Restriction on or before the end of
business on September 14, 2001, then either party shall be entitled to terminate this
Agreement via written notice to the other within ten (10) days thereafter, in which
event VLHA shall be entitled, but not required, to purchase from Developer all
ownership rights to the Project Work Product for the sum of $25,000. VLHA's
obligations under this Agreement shall cease upon such termination, and Developer's
obligations under this Agreement shall cease upon the later of. (i) the termination of
this Agreement; or (ii) in the event VLHA elects to purchase the Project Work
Product via written notice to Developer within ten (10) days after such termination
along with tender of payment, then upon receipt by VLHA of the Project Work
Product and its assignment in exchange for the payment of $25,000 by VLHA to
Developer as aforesaid.
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d. Demolish and remove the existing Child Education Center ("CEC") buildings that are
located on the Property at Developer's cost, and construct the Core and Shell for a
new approximate 4,800 square foot CEC in a separate building on a pad ready site per
standards of the industry, located on the Property per the Project Plans as a part of the
Project, plus associated parking, landscaping, playground and support areas, together
with a $50.00 per square foQt tenant finish allowance, and inclusive of Basic Services
from the Project Architect along with payment of related design fees and associated
reimbursables. All cost savings below $1,000,000 for the Core & Shell, plus the
tenant finish allowance, shall be paid to VLHA. Developer shall affirmatively
coordinate with the CEC contractor regarding the scheduling of the infrastructure,
utilities, construction and tenant finish of the CEC. No demolition or other activity
disruptive to the operation of the existing CEC shall commence until the closing of
the construction financing for the Project; provided, however, that Developer shall be
allowed reasonable access to the CEC for inspection and non-disruptive testing
purposes prior to commencing any such physically disruptive activity. The CEC
property, improvements and appurtenants ("CEC Property") shall be sub-leased by
Developer to the TOV pursuant to a sublease in form and content reasonably
satisfactory to TOV, and specifically providing for a payment of rent of no more than
one dollar ($1.00) per year under a triple net lease structure for the entire term of the
Land Lease, and TOV shall be specifically allowed to further sub-lease the CEC
Property to a sub-lessee of its choosing.
e. In accordance with the Project Schedule, submit to VLHA in both hard and electronic
format for timely review and approval (exclusive of the fee structure thereof),
proposed contracts with the Project Architect and the Project Contractor for
consistency with the Project Program, and the contract with the Property Manager for
consistency with industry standards and the Project Program. Following approval of
said contracts, submit for VLHA review and approval any and all Material
amendments, modifications or change orders regarding such contracts.
Notwithstanding the foregoing, even if a change order is not Material, Developer shall
submit the same to VLHA for review and comment, and shall use commercially
reasonable efforts to address any concerns of VLHA.
f. Retain, using the following selection process for (i) any contract relating to the initial
construction of the Project in excess of $125,000.00, or (ii) for any contract relating to
the ongoing operations of the project in excess of $50,000.00 per annum, or (iii) any
contract (excluding those contracts described in Section 5 hereof) entered into by
Developer with an affiliate entity (collectively "Maior Contracts"), such other sub-
contractors and other service (excluding professional service contracts), material
and/or labor providers deemed necessary and advisable by Developer, consistent with
the Project Budget, to implement the Project, including without limitation, the
planning, development, construction, management, holding, operation, and leasing of
the Project consistent with the Project Program:
(i) Developer shall, if possible, secure a minimum of three (3) responsible quotes
for each Major Contract;
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(ii) Provide an analysis of the competing quotes using sound business principles
consistent with industry practice; and
(iii) Make a recommendation as to the preferred bidder, taking into account the best
interests of the Project Program.
Such recommended bidder shall be selected by Developer following consultation with
VLHA as may be requested by VLHA from time to time during the selection process.
Developer shall provide copies VLHA with copies of such Major Contracts.
g. Obtain reasonable and appropriate cost guarantees and protection, in a form
acceptabld to VLHA, against non-performance of the Major Contracts, at least to the
extent required by the Project Financing.
h. Secure all necessary governmental approvals and permits for zoning, subdivision as
appropriate, design, construction, ownership, leasing and management of the Project
from TOV and otherwise as required in the premises and in accordance with the
Project Program, including LFFnS certification approvals, and comply with all such
public approval requirements including by way of example and not by way of
limitation the requirement for any acceleration/deceleration lanes. In this regard,
Developer shall negotiate with required Federal, State, County, Municipal entities,
with private and public utility providers and others as required for the aforementioned
Project approvals and permits, together with the provision of police, fire, utility and
other necessary services to the Project, consistent with the Project Program. In this
regard, Developer welcomes public meetings and public input, and agrees to attend
and participate in such meetings as are reasonably requested by VLHA or otherwise
required by the local public approval process.
i. Pursue and secure Project Financing consistent with the Project Program, as
reasonably determined by Developer in accordance with Section 2.a above.
j. Arrange, direct, and manage the performance of all development and construction
work, including the furnishing of all labor, materials, and equipment necessary to
accomplish: i) finished site development, including grading, installation of utility
trunk lines, access ways, curbs, gutters, sidewalks and other on-site and off-site
improvements as may be required for any Project approvals and consistent with the
Project Program, and, ii) the construction, equipping and furnishing of the remaining
Project improvements consistent with the Project Program.
k. Prepare and administer expense, design and construction draws ("Proiect Expense
Draws") as provided hereinafter.
1. Market and complete the leasing of the dwelling units, including formulation of
advertising and other promotional activities in accordance with the Project Program.
in. Assure the timely and professional management of the ongoing operation of the
Project during and following lease-up, pursuant to the terms of the approved contract
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8-30Fina1VLH
with the Property Manager, a copy of which contract shall be delivered to VLHA,
including timely and complete periodic reports to VLHA regarding operating and
financial results as herein required.
n. Upon and as directed by VLHA, file for record in the real estate records for Eagle
County, Colorado such Condominium documentation, including Condominium
Declaration, Condominium Map and other documents ("collectively, "Constituent
Documents") created by VLHA and as required by the Colorado Common Interest
Ownership Act ("Act") to create a Leasehold Condominium Regime under the Act,
which Constituent Documents shall be prepared and paid for by VLHA for the
purpose of preserving the right to allow for the possible sale of individual dwelling
units as condominium units to VLHA qualified buyers in the future; provided,
however, that such Constituent Documents shall be created in a manner as allowed
by, or otherwise subordinate to, the Project Financing, and the creation thereof shall
not increase the real property taxes prior to the activation of the regime by VLHA.
The creation of such a condominium regime shall be on such terms as desired and
directed by VLHA and shall not create any rights in the Developer to activate said
regime or otherwise to sell individual condominium units without the prior written
consent to such activity by VLHA in its sole and exclusive discretion. To the extent
VLHA exercises its rights under this subParagraph, it shall be responsible for all
increases in costs to the Project Budget incurred by such action, including and but not
limited to all costs for Condominium document preparation, recording, and increases
in property taxes in perpetuity.
o. Implement the final Project Program, as amended and updated with any Material
changes reviewed for approval by VLHA, and do such other things and take such
other actions as may be necessary or advisable in Developer's commercially
reasonable opinion, consistent with the Project Program.
3. VLHA'S RESPONSIBILITIES: VLHA shall be responsible for the following,
consistent with the approved Project Program:
a. Review and, to the extent consistent with this Agreement, approval of the final
Project Program, including the Project Budget, Project Plans and Project Schedule,
and as they may be Materially updated thereafter from time to time. If a Material
modification of the final Project Program or any component of it is not approved by
VLHA, then the Project Program then in place shall control. If no Project Program is
currently approved, Developer shall cease work until such time as the Parties
mutually approve a Project Program.
b. Prepare and submit to Developer the Land Lease for review and approval by the
required deadline herein, which approval shall not be unreasonably withheld,
conditioned or delayed by Developer to the extent that it is consistent with this
Agreement and the Project Program.
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c. Prepare and submit to Developer the Deed Restriction for review and approval by the
required deadline herein, which approval shall not be unreasonably withheld,
conditioned or delayed by Developer to the extent that it is consistent with this
Agreement and the Project Program.
d. Provide leasehold title to the Property subject to the terms of the Land Lease, the
Deed Restriction and this Agreement, and subject to compliance with the Project
Program.
e. Review and approval of the contracts with the Project Architect, the Project
Contractor, and all Material amendments or change orders thereto.
f. Secure a waiver for Developer from TOV plan review fees, and from sales and use
taxes.
g. The Parties agree to cooperate with each other in any way reasonably requested by the
other regarding the Project Program, its approval and implementation, including but
not limited to, obtaining and complying with all planning and zoning approvals,
building permits, financing for the Project, writing letters of support for, or
explanations regarding, the Project, or otherwise as each Party may request from time
to time of the other. VLHA shall also work in good faith with Developer to modify
the terms and conditions of the Agreement if the lender or proposed lender requires a
modification that is not Material; provided, however, that such modification does not
change the basic requirements of this Agreement, the Deed Restriction or the Land
Lease unless approved in writing by VLHA in its sole discretion.
4. LIMITATIONS: The following limitations shall apply to the authority of the Parties
under this Agreement:
a. Wherever in this Agreement either Party has the right to review and approve a
submission by the other Party, the Party with such approval rights shall not
unreasonably withhold, condition or delay its approval to the extent consistent with
the approved Project Program. Such Party shall have seven (7) business days to
review and approve the submission or resubmission of an item previously
disapproved, with the aid of experts retained by such Party if so desired. If the
approving Party disapproves of the particular submission, then it shall deliver to the
other Party a reasonably detailed written explanation of the reasons for such
disapproval. If the approving Party fails to approve or disapprove of the particular
submission within such seven (7) business day period, the particular submission shall
be deemed approved without further action by either Party. If no resolution can be
reached voluntarily between the Parties within ten (10) days following notice of
disapproval, then the disagreement shall be subject to the provisions of Section 14 of
this Agreement regarding Mediation & Arbitration.
b. The Project Program, specifically inclusive of each of the Project Plans, Project
Budget and Project Schedule, shall be agreed to by VLHA in accordance with this
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Agreement, and the terms of the Land Lease and the Deed Restriction shall be
mutually agreed in writing, prior to Developer incurring firm commitments for
construction of the Project.
c. The Project Financing shall be agreed to by VLHA in accordance with this Agreement
prior to any commitment therefore.
d. Contracts with the Project Architect and the Project Contractor shall be approved in
writing by VLHA prior to incurring any commitments regarding lead-time orders for
materials and prior to commencement of construction on the Property.
e. Developer shall not mortgage, pledge, create a security interest in, encumber, or
otherwise subject the Property to any lien or encumbrance of any nature or kind;
provided, however, that TOV shall consider, specifically without obligation to
approve, the circumstances described regarding potential lien rights in a lender as set
forth in paragraph 2.b.i. above.
f Developer shall not mortgage, pledge, create a security interest in, encumber, or
otherwise subject the Project to any lien or encumbrance of any nature or kind
whatsoever except as is consistent with the Project Program and for which the Project
Proforma has provided repayment, and, further, debts incurred in the ordinary course
of operations, and refinancings contemplated herein.
g. Developer shall not sell, master-lease or otherwise dispose of the Project, or contract
or otherwise commit to do any of the foregoing during the term of the Land Lease
without the prior written consent of VLHA.
h. Under no circumstances shall any financial commitment be made by Developer with
regard to the Project that encumbers the Project or pledges its revenues without prior
written approval of VLHA, except to the extent consistent with this Agreement.
i. This Agreement shall not be assigned except as otherwise authorized pursuant to
Section 16 hereof.
5. DEVELOPER COMPENSATION: Developer has disclosed to VLHA, and VLHA has
agreed to, the payment to Developer or its affiliates of certain fees and charges in
connection with it services to the Project. In no event shall such fees and charges be the
responsibility of, or paid by, VLHA. Those fees and charges are as follows:
a. Development/Construction Management Fee - a maximum of four percent (4%) of
the Project's development budget, prior to calculation of any IRR's for purposes of
the Sharing Formula. Developer discloses that it may have added internal charges
within its investing group, but those shall not be reflected in, or a penalty to, the
Sharing Formula, nor shall such added fees and charges show on the Project
Proforma. The Development / Construction Management Fee herein shall be
distributed as follows: (i) seventy five percent (75%) of the Development/
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Construction Management Fee shall be equally spread over 18 months commencing
October 1, 2001, and (ii) twenty five percent (25%) of this budgeted Development/
Construction Management Fee shall be withheld and paid only upon a 90%0 lease-up
of the Project.
b. Property Management Fee - A maximum fee of five and one-half percent (5 %z%) of
Gross Collected Revenues From Operations shall be charged by the Property
Manager, assuming that the scope of services and responsibilities. of the Property
Manager are at least consistent with, or exceeding, the scope for the first class
professional management of similar projects. Successful evaluation of the Property
Manager's performance by VLHA on previously established criteria at five (5) year
intervals will result in renewal of the Property Manager's contract for an additional
five (5) years. Performance evaluations will be based on objective criteria consistent
with those imposed by CHFA, the LIHTC investors, the Federal Housing
Administration and other third parties having the right to review the Property
Manager's performance. Except for VLHA's reserved right to replace the Property
Manager as set forth hereinafter, VLHA shall only take remedial actions if none of the
foregoing agencies or parties are then enforcing their remedies against Property
Manager. VLHA's remedies shall be reasonably consistent those that could be taken
by the foregoing agencies or parties given the evaluation score received by Property
Manager, but specifically including replacement with a mutually acceptable
professional property management company if the situation and violation(s) warrants
such measure in the reasonable opinion of VLHA utilizing the foregoing standards.
Property Manager shall have standard notice and cure rights unless there are repeated
violations each year during the current 5-year review period which have not been
timely cured. In the event that the contract for the Property Manager is terminated for
any reason except as set forth above, including without limitation the exercise of
VLHA's rights set forth in paragraph 2.b.vi. (2), VLHA shall pay the Property
Manager two and one-half times (2.5x) the previous year's property management fees.
c. Financing Fees - For first mortgage leasehold debt; if credit enhanced, a maximum
finance fee of 2% of the mortgage proceeds; for first mortgage leasehold debt, without
credit enhancement, a maximum finance fee of 3% of mortgage proceeds. For equity
placement fee (private equity and LIHTC equity as applicable), a maximum of 3% of
invested proceeds subject to a cap of $180,000, paid concurrently with the
Development / Construction Management Fee. Developer guarantees that it will
participate with its own cash.
No other fees are expected to be charged to the Project by Developer or its affiliates, and
none shall be so charged without the prior written approval of VLHA.
6. PROJECT EXPENSE DRAWS: Careful monitoring of expenditures and procurement
by VLHA is acceptable to Developer. Accordingly, Developer shall provide to VLHA
copies of all funding draws submitted for Project Financing during construction of the
Project for VLHA's review for consistency with the Project Budget. To the extent that
any such draws shall be Materially inconsistent with the final Project Budget, Developer
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shall provide an explanation of such inconsistency and a resolution of how the
inconsistency shall be reconciled. In the event such inconsistency is not explained or
resolved in a manner reasonably acceptable to VLHA, then the disagreement shall be
subject to the provisions of Section 14 of this Agreement regarding Mediation &
Arbitration.
7. VLHA COSTS: In addition to, and separate and apart from the Development Rights Fee
and other payments provided for hereunder, Developer agrees to pay to VLHA a
Development Application & Monitoring Fee in the amount of $250,000 in order to
mitigate VLHA's costs incurred to prepare, negotiate and monitor this Agreement and the
Project Program. Said Fee shall be due and payable upon the closing of the construction
financing for the Project, with a minimum installment payment of $100,000 due, if earlier
than the closing of construction financing, on October 31, 2002.
8. ONGOING INFORMATION UPDATES & REPORTS: Developer agrees to provide
ongoing information updates and reports during the pre-construction, construction and
lease-up, and operating periods of the Project Program, containing at least the following:
a. During pre-construction, construction and lease-up, bi-weekly reports and updates to
VLHA compared to the Project Schedule, with a full explanation of any Material
variances;
b. During operations, and promptly after the end of every month, Developer shall
prepare and deliver to VLHA a statement showing the results of operations during
such month and the year to date, and comparing such results to the Project Proforma
and its component parts.
c. Such other and further reports as reasonably requested by VLHA to provide complete
and factual information regarding the status of the pre-construction, construction,
lease-up, financing and operation of the Project, a comparison to the Project Program
and an explanation of any variances and the methodology to bring any non-complying
matters into compliance.
Each of the foregoing reports and information shall be kept confidential and shall not be
available for normal public purposes, subject to the laws, rules and regulations pertaining
to the Freedom of Information Act or other similar laws then appertaining. If VLHA or
TOV, or either of them, reasonable believes that the information is such that it is
appropriate for an executive session, then the parties invited to that executive session for
such limited purpose shall be entitled to receive and review such information. In the event
VLHA sets up a web-site regarding the Project, such reports shall, in addition to other
formats as requested by VLHA, be posted to the web-site by Developer; provided,
however, that that such web-site is reasonably secure, as determined by Developer.
9. BOOKS AND RECORDS: Developer shall maintain, or cause to be maintained,
complete accounts and books and records, in accordance with generally accepted
accounting principles (which shall not be changed without mutual consent); showing all
18
8-30Fina1VLH
costs, expenditures, sales, receipts, assets, and liabilities, and profits and losses, and all
other records necessary, convenient or incidental to recording the Project business and
affairs and sufficient to determine Developer's fee and, following lease-up and during
operations, the Sharing Formula as provided above. VLHA, or VLHA's designated
representative, shall have the right upon reasonable notice to inspect and review the
Project and the Books and Records required hereunder at no charge to VLHA.
10. DEFAULT & REMEDIES: In the event Developer shall fail to perform any of the
obligations, undertakings, covenants, payments, commitments or any other requirements
agreed to be performed or undertaken herein, or otherwise imposed on Developer herein,
then such failure shall be an Event of Default hereunder and shall entitle VLHA, in
addition to any other remedies allowed at law or in equity (except for termination of the
Agreement, which remedy VLHA expressly waives), to the following remedies, all of
which remedies shall be cumulative in nature:
a. Non-Material Event of Default - Upon written notice to Developer by VLHA of the
payment or performance failure that gave rise to the Event of Default, and failure of
Developer to completely cure the Event of Default within ten (10) days from and after
receipt of said notice to the reasonable satisfaction of VLHA (including the payment
to VLHA of its costs incurred, including attorneys fees, to pursue the Event of Default
with Developer), then VLHA may directly cure the default itself by the payment or
performance necessary to correct said failure, and thereupon charge Developer for the
cost of such cure, including any attorneys fees and costs incurred in pursuing such
notice and cure. Such payment by Developer to VLHA for costs so incurred by VLHA
shall be due and payable within ten (10) days from and after the billing of same by
VLHA to Developer. Failure to timely pay shall be another Event of Default under
this Agreement, and all payments not received in a timely manner shall, in addition to
all other remedies hereunder set forth or referenced, bear interest at an annual rate of
18% until paid.
b. Material Event of Default - In the event the Event of Default has a Material impact
upon the Project Schedule, the Project Budget or the Project Plans, then, upon written
notice to Developer by VLHA of the nature and scope of such Event of Default,
including the fact that the failure is material in nature, and a failure of Developer to
cure such Event of Default within thirty (30) days from and after receipt by Developer
of such notice, or if the cure is such that it would reasonably take longer than thirty
(30) days to cure, then a failure of Developer to diligently commence said cure within
said thirty (30) days and prosecute said cure to completion with diligence thereafter
(in either event, such cure shall include the payment to VLHA of its costs incurred,
including attorneys fees, to pursue the Event of Default with Developer) , then VLHA
shall be entitled to either:
i. Pursue Developer for damages incurred as a result of such Event of Default,
including consequential and punitive damages, which action against Developer
shall include a right to recover attorney's fees and court costs in connection
therewith; or
19
8-30FinaIVLH
ii. Without terminating this Agreement, VLHA may alternatively elect to directly
cure the default itself by the payment or performance necessary to correct said
failure, and thereupon charge Developer for the cost of such cure, including any
attorneys' fees and costs incurred in pursuing such notice and cure. Such
payment by Developer to VLHA for costs so incurred by VLHA shall be due
and payable within ten (10) days from and after the billing of same by VLHA to
Developer. Failure to timely pay shall be an Event of Default under this
Agreement, and all payments not received in a timely manner shall bear interest
at an annual rate of 18% until paid.
c. Major Material Event of Default - In the event of Developer has ceased construction
of the Project for a period of two (2) months, a default in the Project Financing has
occurred that remains uncured, -an uncured breach of the contract with the Project
Contractor or the Project Architect has occurred whereby such third party has stopped
work for a period of thirty (30) days, or if a lien in excess of $10,000.00 is filed
against the Project or the Property that remains uncured for more than thirty (30) days
or for which a bond has not been provided sufficient to release the lien from the
Project per State statute within said thirty (30) day period (each of the foregoing
referred to herein as a "Maior Material Event of Default"), and following notice of
such Major Material Event of Default to Developer, the Project lender and the
Developer's equity investors (to the extent and at such addresses as are supplied to
VLHA by Developer) and failure of Developer, Project lender or Developer's equity
investors to cure such Major Material Event of Default within thirty (30) days from
and after such notice (or, in the event the Major Material Event of Default is of a
nature that its complete cure is impossible of performance within said thirty (30).day
period, but is reasonably capable of performance within ninety (90) days of the above
notice, then a failure of Developer to commence and diligently and continuously
pursue such cure to completion within said thirty (30) day period, or diligently and
continuously pursue cure during said thirty (30 day period but failure to complete the
cure within ninety (90) days), then the following remedy shall apply: If a Major
Material Event of Default shall occur during the preconstruction or during the
construction and lease-up periods of the Project, and without terminating this
Agreement, immediately take possession of the Project and all Project Work Product,
and undertake to cure the Major Material Event of Default and pursue the Project to
completion in the place and stead, but as an agent for, Developer. Upon completion of
the construction and lease-up of the Project under this remedy, VLHA shall thereupon
deliver possession to the Property Manager, as agent for Developer, who shall
thereafter continue management of the operation of the Project as provided under this
Agreement and pursuant to the terms of the contract with the Property Manager.
Developer shall be primarily liable for all costs and expenses incurred in the pursuit
of such actions and shall continue to be liable in all other respects under this
Agreement.
20
8-30Fina)VLH
Developer shall secure from the Project Architect, the Project Contractor, the Project
Manager and all Major Contract vendors, collateral assignments of their contracts to
VLHA in order to further secure to VLHA Developer's performance hereunder.
In the event VLHA shall fail to perform any of the obligations, undertakings, covenants,
payments, commitments or any other requirements agreed to be performed or undertaken
herein, or otherwise imposed on VLHA herein, then such failure shall be an Event of
Default hereunder and shall entitle Developer to its remedies specifically set forth in this
Agreement in addition to any other remedies allowed at law or equity, which remedies
shall be cumulative; provided, however, that Developer recognizes that such remedies are
limited by the Governmental Immunity Laws and other similar laws and regulations
governing limitations of actions against governmental entities in Colorado. In no event
shall any of the provisions contained in this Agreement be deemed or constitute a waiver
or limitation of any and all immunities provided to VLHA or TOV under Colorado law.
11. NOTICES: All notices, demands and requests shall be in writing, and shall be
effectively made if sent by United States Certified Mail, return receipt requested, postage
prepaid, by nationally recognized overnight courier guarantee next day delivery, by
telecopy or by personal delivery, properly addressed as follows:
(a) If addressed to Developer:
Coughlin & Company, Inc.
140 East 19th Avenue, Suite 700
Denver, CO 80203-1035
Voice: 303-863-1900
Fax No. 303-863-7100
Attn: Mr. Michael P. Coughlin
21
8-30Fina1VLH
With a copy to:
Jay F. Kamlet, Esq.
Kamlet, Shepherd, Reichert & Hueston, LLP
16 Market Street
140 16th Street, Suite 250
Denver, CO 80202
Voice: 303-825-4200
Fax No. 303-825-1185
(b) If addressed to VLHA:
Vail Local Housing Authority
C/o Ms. Nina Timm, Housing Coordinator
Town of Vail
75 South Frontage Road
Vail, Colorado
Voice: 1-970-479-2144
Fax No. 970-479-2452
With a copy to:
James M. Mulligan, Esq.
Fairfield and Woods, P.C.
1700 Lincoln Street, Suite 2400
Denver CO 80203
Voice: 303-830-2400
Fax No.: 303-830-1033
and a copy to:
Chris Squadra
Architectural Resource Consultants, Inc.
4410 Arapahoe, Suite #220
Boulder, CO 80302
Voice: 303-443-3300
Fax No.: 303-443-1508
Unless this Agreement specifically provides otherwise, all notices shall be deemed-
received three (3) business days following deposit in: the United States Mail with respect
to certified letters, one (1) business day following deposit if delivered by an overnight
courier guaranteeing next day delivery and on the same day if sent by personal delivery or
telecopy (with proof of transmission). Attorneys for each party are authorized to give
notices for the party the attorney represents. Any party may change its address for the
service of notice by giving Written notice of such change to the other party, in any matter
specified above.
22
8-30FinalVLH
12. NO PARTNERSHIP: VLHA and Developer do not intend by this Agreement to create
a partnership or joint venture relationship among themselves and this Agreement shall
under no circumstances be interpreted to create such a relationship.
13. APPLICABLE LAW: This Agreement and all matters relating hereto shall be construed
in accordance with the laws of the State of Colorado.
14. MEDIATION & ARBITRATION: If a dispute arises out of or relates to this
Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation,
the Parties agree first to try in good faith to settle the dispute by non-binding mediation
administered by a mediator mutually selected by the Parties prior to resorting to binding
arbitration or litigation. In the event the Parties cannot agree upon a mediator, the
mediation shall be administered through the American Arbitration Association. Except
as expressly provided under Section 10 of this Agreement, any controversy or claim
arising out of or relating to this Agreement, or the breach thereof, which cannot be
resolved by the aforesaid mediation shall be settled by binding arbitration administered by
the American Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. If a dispute arises prior to completion of the Project, to the extent
practicable the work shall continue unabated while the dispute is being resolved.
15. ATTORNEYS' FEES: In the event either party commences arbitration or other legal
action to enforce its rights under this Agreement, the prevailing party shall be entitled to
recover all reasonable costs and expenses incurred in such action, including reasonable
attorneys' fees.
16. ASSIGNMENT: Neither Party shall, without express prior written consent of the other
Party, encumber, assign, or otherwise transfer its interests in this Agreement, or any right
or interest herein; provided, however, that Developer shall be allowed to assign this
Agreement to another entity for the purpose of pursuing the Project Program so long as it
is an entity in which: Developer retains the management control; Developer has a direct
ownership interest; and the entity is capitalized and organized to pursue the Project
Program in the place and stead of Developer.
Notwithstanding the foregoing limitations on Assignment, Developer acknowledges that
TOV is the owner of the Property and VLHA is presently acting as the Owner
Representative of TOV in entering into this Agreement. As such, any limitation on
assignment under this section shall not apply as between TOV and VLHA.
17. BINDING EFFECT: The terms and conditions of this Agreement shall be binding and
inure to the benefit of the Parties hereto and their respective successors and (except as
herein otherwise provided) assigns.
18. FORCE MAJEURE: TIME OF THE ESSENCE: Whenever a period of time or
specified date is herein prescribed for action to be taken by either Party, there shall be
23
8-30Fina1VLH
excluded from the computation of any such period of time or an extension of such
specified date, any delays due to strikes, riots, acts of God (excluding weather delays
reasonably and historically known to occur, as defined by a ten (10) year average of the
U.S. Meteorological Survey data, or similarly and mutually acceptable data, in the
geographical area of the Property), shortages of labor or materials outside of the
parameters typically found in the geographical area of the Property, war, or governmental
laws, regulations, restrictions or moratoriums (except to the extent waived or otherwise
not applied to the Project or the Property) and unforseeable delays by the Project lender;
provided, however, that both parties shall use their best and diligent efforts to mitigate the
effects of such occurrences with respect to the required action; provided, that reasonable
costs relating to such mitigation efforts shall be includable as an addition to the First
Costs. Subject to the foregoing, time is of the essence with respect to each and every
provision of this Agreement.
19. ENTIRE AGREEMENT: This Agreement, the Exhibits attached hereto, and the Project
Program, Project Plans, Project Budget, Project Schedule, Land Lease and Deed
Restriction, as they may be updated from time to time as provided herein, set forth all of
the promises, agreements, conditions, understandings, warranties and representations
among the Parties hereto with respect to the Project and there are no other promises,
agreements, conditions, understandings, warranties, or representations, oral or written,
express or implied, between them except as set forth herein. No subsequent Material
modification of any of the terms of this Agreement shall be valid, binding upon the
Parties, or enforceable unless made in writing and signed by the Parties.
20. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one
and the same instrument.
21. FACSIMILE SIGNATURES: Facsimile signatures shall be accepted and enforceable
as though original in nature.
22. AUTHORITY: Each Party hereby represents, warrants and covenants to the other that it
has the full right, power and authority to enter into this Agreement and make the
agreements contained herein on its part to be performed; that the execution, delivery and
performance of this Agreement has been duly authorized by such Party; that this
Agreement constitutes the valid and binding obligation of such Party, enforceable in
accordance with its terms; and, that the making of this Agreement and the performance
thereof will not violate any present laws or ordinances or the terms or provisions of any
agreement to which such Party is a party or under which such Party is otherwise bound
NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH OR AGREEMENT TO THE
CONTRARY, THE PARTIES UNDERSTAND AND HEREBY ACKNOWLEDGE THAT VLHA HAS NOT
PRESENTLY SECURED APPROVAL TO EXECUTE AND PERFORM THIS AGREEMENT BY OR ON
BEHALF OF TOV. ACCORDINGLY, THIS AGREEMENT AND THE OBLIGATIONS OF VLHA AND
TOV HEREUNDER ARE EXPRESSLY CONDITIONED AND CONTINGENT UPON SECURING A
SPECIFIC RESOLUTION FROM VLHA'S BOARD OF DIRECTORS SPECIFICALLY APPROVING THIS
AGREEMENT AND A CONFORMING ORDINANCE FROM TOV'S TOWN COUNCIL REGARDING
24
8-30FinaIVLH
VLHA'S AUTHORITY TO ENTER INTO AND PERFORM THE TERMS AND PROVISIONS HEREOF
FOR ITSELF AND ON BEHALF OF TOV. IF NO SUCH SPECIFIC RESOLUTION AND ORDINANCE
ARE FORTHCOMING ON OR BEFORE OCTOBER 3, 2001, THEN THIS AGREEMENT SHALL BE
VOID AND OF NO FURTHER FORCE AND EFFECT; PROVIDED, HOWEVER, THAT VLHA SHALL
STILL BE BOUND BY THE PROVISIONS CONTAINED IN SECITON 2.A. HEREOF REQUIRING THE
PAYMENT OF $25,000 TO DEVELOPER AND THE RECEIPT FROM DEVELOPER OF THE PROJECT
WORK PRODUCT.
Executed to be effective as of they day of , 2001.
TOWN OF VAIL LOCAL HOUSING AUTHORITY,
a Colorado statutory housing authority
By/kle ,fti VIMMmr mkuM
Its:
DEVELOPER:
COUGHLIN & COMPANY INC., a Colorado corporation
By:
Its: Ctl-~ ~t C~ PyCS1 d3AJ
[INSERT NOTARIES]
25
8-30Fina1 V LH
4
September 10, 2001
To: Town Council
Fr: John Power
Subj: Council Compensation and Benefit Data
For your information, attached is 2001 Colorado Municipal League
compensation and benefit data for elected officials. While the monthly
comp data is clear, the benefit data is not particularly useful because it does
not show actual monthly premium charges or any plan design information.
Accordingly, the following is a brief review of what our nearby resort
municipalities are doing: Aspen, Steamboat, and Frisco all offer their health
plans to electeds at the same cost employees pay (Aspen: $10 single/ $60
family; Steamboat $8 single/ $15 for 2/ $30 family; Frisco no charge).
Avon, which offers their plan to employees at no cost, charges electeds $200
per month. Breckenridge does not offer their health plan
At TOV, Council pays full COBRA cost or $900 for the 80% plan
and$1,013 for the 90% plan. Employees rates are $26/$51/$73 for the 80%
plan and $74/$143/$203 for the 90% plan.
Councilmember or Commissioner
MONTHLY SALARY LONGE- INSUR• RETIREMENT
at dan.1, 2uu1 VITY ANCE FICA °h Other Retirement Plans TOTAL NEXT
JURISDICTION'S Min Max Actual PAY * Rot COMP AUTO OTHER SALARY
JURISDICTION JOB TITLE STATUS $ $ $ $1mo. $1mo. SS Mod Plan % $ * $ REVIEW
Alamosa Counciimember (6) elected 400 0 0 0 0.00 PERA @ 10 40 440 None
Arvada (2) Councilmember (3) 0 1150 0 0 6.2 1.45 None 0 88 1238 None
Arvada 1) Mayor Pro Tom elected 1250 0 0 6.2 1.45 None 0 96 1346 None
Arvada 3) Councilmember (2) elected 750 0 0 6.2 1.45 None 0 57 607 None
Aurora 1) Mayor Pro Tom elected 1032 0 427 6.2 1.45 EDP 0 79 1538 $760 None
Aurora 2) Councilmember (9) elected 903 0 480 6.2 1.45 EOP 0 69 1452 $760 None
Avon Councilmember (6) elected 500 0 463 0 1.45 ICMA-RC 457 3.75 26 989 None
Basalt Trustees elected 600 0 0 6.2 1.45 None 0 46 646 None 4100
Boulder Councilmember $143.981mtg 0 0 0 1.45 ICMA 10% or PERA 9.43% 10 0 None 1102
Breckenridge Councilmember (6) elected 500 0 0 6.2 1.45 None 0 38 538 None
Brighton 1) Mayor Pro Tern elected 550 0 0 0 0.00 None 0 0 550 None
Brighton 2) Councilmember elected 525 0 0 0 0.00 None 0 0 525 None
Brighton 3) Councilmember elected 175 0 0 0 0.00 None 0 0 175 None
Broomfield Mayor Pro Tom & Council elected 300 0 0 6.2 1.45 None 0 23 323 None 3101
Brush Mayor Pro Tom & Council (6) elected 200 0 0 6.2 1.45 None 0 15 215 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
18
LAW"-
I
Councilmember or Commissioner
aMONTHLY SALARY LONGE• INSUR• RETIREMENT
at jan. 1, 2uu1 VITY ANCE FICA % Other Retirement Plans TOTAL NEXT
JURISDICTION'S Min Max Actual PAY Ret COMP AUTO OTHER SALARY
JURISDICTION JOB TITLE STATUS $ $ $ $1mo. $Imo. SS Med Plan % $ REVIEW
Canon City Councilmember elected 300 0 11 6.2 1.45 None 0 23 334 None
Carbondale 1) Trustees 3@ 300 0 0 6.2 1.45 None 0 23 323 None 4102
Carbondale 2) Trustees 3@ 600 0 0 6.2 1.45 None 0 46 646 None 4/02
Castle Rock Councilmember elected 250 0 0 0 0.00 None 0 0 250 None
Central City Councilmember elected 441 0 0 6.2 1.45 None 0 34 475 None
Colorado Springs Councilmember elected I 520.87 0 0 0 0.00 ICMA 457 10 52 573 None 1102
Commerce City Councilmember elected 500 0 0 6.2 1.45 (see footnotes) 0 38 538 None
Cortez Mayor Pro Tem & Council elected 100 0 0 0 0.00 None 0 0 100 None
Craig Mayor Pro Tern & Council (6) elected 200 0 0 0 0.00 None 0 0 200 None
Crested Butte 1) Councilmember (2) elected 200 0 0 6.2 1.45 None 0 15 215 None
Crested Butte 2) Councilmember (4) elected 0 300 0 0 6.2 1.45 None 0 23 323 None
Cripple Creek Councilmember elected 442 0 0 0 0.00 None 0 0 442 None 12100
Delta Mayor Pro Tern & Council elected 100 0 0 6.2 1.45 None 0 8 108 None
Denver Councilmember (12) elected 4786 0 584 6.2 1.45 Denver Emp. Ret. Plan 10 845 6215 None 7101
Dillon Councilmember elected 300 0 0 6.2 1.45 None 0 23 I 323 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
19
4
Councilmember or Commissioner
MONTHLY SALARY LONGE. INSUR- RETIREMENT
at jan.1, zuul VITY ANCE FICA % Other Retirement Plans TOTAL NEXT
JURISDICTION'S Min Max Actual PAY * Rat COMP AUTO OTHER SALARY
JURISDICTION JOB TITLE STATUS $ $ $ $lmo. $fmo. SS Mad Plan % $ * $ REVIEW
Durango Councilmember elected 200 0 404 6.2 1.45 None 0 15 619 None
Englewood Councilmember (5) elected 600 0 0 0 0.00 None 0 0 600 None
Estes Park Councilmember (6) ins. = avg. 133 0 248 6.2 1.45 1 @ PERA 9.43% 9.43 23 404 None
Evans Counciimember elected 175 0 0 6.2 1.45 None 0 13 188 K
Federal Heights 1) Mayor Pro Tern elected 500 0 0 0 1.45 ICMA-RC 0 7 507 None
Federal Heights 2) Councilmember (5) elected 450 0 0 0 1.45 ICMA-RC 0 7 457 None
Florence Councilmember elected 75 0 0 6.2 1.45 None 0 6 81 None
0 6.2 1.45 None 0 42 592 None
Fort Collins Councilmember elected 550 0
i
Fort Lupton Councilmember (6) elected 100 0 0 6.2 1.45 None 0 8 108 None
Fort Morgan Councilmember elected 100 0 0 0 0.00 PERA 10 10 110 None
i
Frisco Councilmember elected 250 0 849 6.2 1.45 None 0 19 1118 None
Glendale Mayor Pro Tern & Council elected 425 0 420 6.2 1.45 None 0 33 878 None
Glenwood Springs Mayor Pro Tern & Council elected 400 0 0 6.2 1.45 None 0 31 431 None
i
Golden 1) Councilmember elected 400 0 0 6.2 1.45 None 0 31 431 None
Golden 2) Counciimember elected 200 0 0 6.2 1.45 None 0 15 215 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
t
s
20
Councilmember or Commissioner
MONTHLY SALARY LONGE• INSUR• RETIREMENT
at ran. 1, 2uul VITY ANCE FICA % Other Retirement Plans TOTAL NEXT
JURISDICTION'S Min Max Actual PAY Rat COMP AUTO OTHER SALARY
JURISDICTION JOB TITLE STATUS $ $ $ $tmo. $1mo. SS Mod Plan % ; REVIEW
Grand Junction Councilmember elected 200 0 0 6.2 1.45 None 0 15 215 None
Greeley Councilmember elected 500 0 0 6.2 1.45 None 0 38 I 538 None
Greenwood Village Councilmember elected 1500 0 0 6.2 1.45 None 0 115 1615 None
Gunnison Councilmember elected 425 0 0 6.2 1.45 None 0 33 458 None
Lafayette Mayor Pro Tom & Council elected 175 0 0 0 1.45 City Plan 4 10 185 None
La Junta Mayor Pro Tern & Council elected 0 0 0 0 0.00 None 0 0 0 None
Lakewood Councilmember elected 761 0 550 + 0 0.00 Employee contrib. only 0 0 I 1311 None
Lamar Mayor Pro Tern & Council (5) elected 100 0 0 6.2 1.45 None 0 8 108 None
Littleton 1) Mayor Pro Tom elected 725 0 0 6.2 1.45 None 0 55 780 None
Littleton 2) Councilmember (5) elected 600 0 0 6.2 1.45 None 0 46 646 None
Longmont Councilmember elected 1000 0 0 6.2 1.45 None 0 77 1077 None
Louisville 1) Councilmember elected 100 0 0 6.2 1.45 None 0 8 108 None
Littleton 2) Councilmember elected 250 0 0 6.2 1.45 None 0 19 269 None
Loveland 1) Mayor Pro Tom elected 500 0 0 6.2 1.45 None 0 38 538 None
Loveland 2) Councilmember (7) elected 400 0 0 6.2 1.45 None 0 31 431 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
21
WIN
Councilmember or Commissioner
MONTHLY SALARY LONGE- INSUR- FtL-IIHtMtNI
at Jan. 1, zu01 VITY ANCE FICA % Other Retirement Plans TOTAL HIM"
JURISDICTION'S Min Max Actual PAY Rat COMP AUTO OTHER S
JURISDICTION JOB TITLE STATUS $ $ $ $Imo. $Imo. SS Med Plan % $ * $ RE
Manitou Springs Councilmember (6) elected 0 0 0 0 0.00 None 0 0 0 None
Monte Vista Counciimember elected 193 0 523 6.2 1.45 None 0 15 731 None
Montrose Mayor Pro Tem & Council elected 101 0 0 6.2 1.45 None 0 8 109 None
Mt. Crested Butte Mayor Pro Tern & Council elected 150 0 0 0 0.00 None 0 0 150 None
Northglenn 1) Mayor Pro Tem elected 444 0 0 0 0.00 None 0 0 444 None
Northglenn 2) Counciimember (7) elected 386 0 0 0 0.00 None 0 0 386 None
Parker Councilmember elected 500 0 0 6.2 1.45 None 0 38 538 H,K
Pueblo Councilmember elected 700 0 0 0 0.00 None 0 0 700 None
Rifle Councilmember elected 50 0 0 6.2 1.45 None 0 4 54 None
Rocky Ford Councilmember elected 3 0 0 6.2 1.45 None 0 0 3 None
Sheridan Councilmember elected 250 310 277 0 5 6.2 1.45 ICMA•RC 457-K 0 21 303 None
Silverthorne Councilmember elected 300 0 0 0 1.45 ICMA-RC 457 7.5 27 327 None 1/03
Steamboat Springs Councilmember elected 400 0 593 6.2 1.45 None 0 31 1024 None
Sterling 1) Mayor Pro Tem elected 400 0 0 6.2 1.45 None 0 31 431 None
Sterling 2) Councilmember (5) elected 300 0 0 6.2 1.45 None 0 23 323 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
22
r
Coundimber or Commissioner
MONTHLY SALARY LONGE- INSUR- RETIREMENT
at Jan. 1, 2001 VITY ANCE FICA % Other Retirement Plans TOTAL NEXT
JURISDICTION'S Min Max Actual PAY * Rat COMP AUTO OTHER SALARY
JURISDICTION JOB TITLE STATUS $ $ $ $1mo. $1mo. SS Med Plan % $ * $ REVIEW
Superior Trustees elected 50 0 0 6.2 1.45 0 4 54 None
Telluride Counciimember elected 600 0 285 6.2 1.45 None 0 46 931 None
I
Thornton 1) Councilmember (5) elected 500 0 523 6.2 1.45 None 0 38 1061 None
Thornton 2) Councilmember (3) elected 400 0 423 6.2 1.45 None 0 31 854 None
Trinidad 1) Counciimember (2) elected 75 0 0 6.2 1.45 None 0 6 81 None
Trinidad 2) Councilmember (4) elected 300 0 0 6.2 1.45 None 0 23 323 None
Vail Councilmember elected 500 0 0 0 0.00 None 0 0 500 None
Westminster 1) Mayor Pro Tern elected 900 0 0 0 0.00 Deferred Comp. @ 12.5 113 1013 None
Westminster 2) Counciimember elected 600 0 0 0 0.00 Deferred Comp.
@ 12.5 100 900 None
Windsor Mayor Pro Tem & Council elected 120 0 0 6.2 1.45 None 0 9 129 None
Woodland Park Counciimember elected 0 0 0 0 0.00 None 0 0 0 None
Adams County Commissioner elected 4167 0 453 6.2 1.45 County Retirement 6 569 5189 AUTO None
Boulder County 1) Commissioner - 5266 0 582 6.2 1.45 401-K 6 719 6567 None
Boulder County 2) Commissioner - 5266 0 475 6.2 1.45 401•K 6 719 6460 None
Boulder County 3) Commissioner - 4716 0 337 6.2 1.45 401-K 6 644 5697 None
@ = see footnotes
* Employer contribution (Insurance includes life, health, disability, dental and vision, as applicable.)
AUTO in this column denotes city vehicle furnished for business and personal use (some cities limit personal use to driving vehicle to and from work).
Other fringe benefits (See footnotes on last page of this publication.)
23
u
~y
TOWN OF VAIL
Office of the Town Manager iWO • ,
CHAMPIONSHIPS
75 South Frontage Road
Vail, Colorado 81657 1999 -VAIL-BEAVER CREEK
970-479-2105/Fax 970-479-2157
TM
MEMORANDUM
TO: VAIL TOWN COUNCIL
FROM: PAM BRANDMEYEj~P
DATE: 07SEP01
RE: COLORADO WEST MENTAL HEALTH REQUEST
Under an agreement signed in 1997 between the Town of Vail and Colorado
West Regional Mental Health Center, Inc., an arrangement was agreed upon re:
Colorado West's return of services (the town's EAP, Employee Assistance
Program) for their office space on the lower level of the LionsHead Parking
Structure. This agreement includes the following contribution from the Town of
Vail:
Leasehold expense (estimated at $2,000/month) $24,000 per
year
Utilities ($200/month/winter - $50/month/summer) 2,000 per
year
Four blue parking passes ($525 each) 2,100 per
year
60 parking coupons ($5.00 value each) 300 per
year
The town has received a request for additional parking, based on their full time
and part time staffing. It was suggested the town might be more interested in
supplying value passes ($5/day, one "in" and one "out) for their 2 and 3 day per
week employees, as opposed to supplying blue passes for all employees.
Therefore, what follows is their new request:
RECYCLED PAPER
fi Qt um Hours
Thi
3prtt "t~ 8- pm OCAL
Sat & Sun' " 12 noon' to 8ptn
Great $10 and under raekfor falCi
= Breck merchants vw
R ant SRC
idge feetin
TEL: 970.44!
953.7212 " 124 S. Ridge St., ,d. enridge toatt r ct m ire c o n s u:m a rs
Look for the I'rttle yellow house on R' Street- ne# door to Shamus OToole's nd a across from Min JBVa!~
Beer, Wine, Liquor & Gifts.
J.vn® Stebbins ered merchants here take home chants do need to consider the
Daily News Staff, Writer less money per square foot thart changing' demographic of the
their counterparts' in. other resort " Main Street shopper.
BRECKENRIDGE - Breck- towns. "'This is. your Front Range per-
enridge shop, owners said The town will route the trolley son," he.
said, adding that; for
.s.. - - Wednesday morning they from. the town parking lots to now,' the day, of, the destination
don't think merchandise dis- downtown and may build a
visitor is at a standstill. "Maybe
WHICH
® ® ® played in shop windows is -bridge over the Blue River fr om: . some marketing and merchandis-
contact lenses worn and dated, and feel the the Sawmill parking lot behind ingisnotaddressingthisperson.-
ARE RIGHT FOR resort chamber should focus town hall to Wellington Street to Also discussed at the forum
s c YOUS its efforts on increasing foot : 'encourage foot traffic. was the possibility of creating a
traffic to boost sagging sales Consultants have alsosuggest- Business Improvement District
We can help! lines. ed the town try to diversify-the and town codes and how they
= x:. "When I hear Main Street kinds of stores available to shop- contribute to the " difficulties
, doesn't have neat businesses, & -pens" and make more changes in.. encountered by new business
%,g 3iV' ,
.-<< «
, upsets me, said Allison Palmer of merchandise and window-dress= owners
' y••,:F trying to get started, in
the tor Information Station, mgs. But merchants don't believe town.
adding that the businesses which that's the problem. The next
forum will be held
advertise with her have seers 30 to . I don't think downtown is, Nov. 7 from 8:30 to. 10 a.m. at
A 50 percent increases in sales since that bad, in 1n,~,,.,s of mix," said Fatty's Pizzeria on Ridge SLL«t in
.theTVstationbeganoperationsin Steve .Laj F_oon. "The general Breckenridge.
1my consensus is, 'Oh, God, its all T-
7tYl 1VMa>~n St,," Encouraging.visitors to stay shirt shops and real estate.' There " Jane Stebbins can be reached at
in town' and thus spend more " are. new shops coming in and 668-3998
F ext. 228 or jstebbins@sum-
- risco 668=2020.
money _ has been the topic of they'renotT-shirts.andrealestate. mitdaily.com. She covers Brecken-
discussion among town, ski area
It's not all gloom and doom.". " ridge, the county, open space and
and Breckenridge Resort Chain- Breckenridge Town. Manager issues concerning the Upper Blue
ber leaders since it was discov- Tina Gagers, however, noted mer- River Valley. "
Bus Service Elsewhere
lie. G roe
I~cues i nee
AR R d
a Examples of the later ser
for vice hours of "public transit
, late night buses systems, in
p other Colorado
b urn & Bdr resort communities, accord-
restaurants and bars to
~c Shswns fal»B/i having ing to ir.F„iiiiation.compile'd
.7pedaditng fin.. Daily News Staff Writer get home during bus service by the Summit Prevention
Wield 'dame, Pd, a R/b I _ of the key consider= AIfiancee "
d d. Vegetar>~in : hours is one o
f- 4-~ fl A.....1.
3038393838 T-693 P.002/002 F-085 -77
09-14-01 09:34am From-GRItHSHAW6HARRING
• Xc
a~-
GRIMSHA.W & HARRING
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE 3800
WELLS FARGO CENTER
1700 LINCOLN STREET
DENVER, COLORADO 80203-4°538
TELEPHONE (303) 839-3800
TELECOPIER (303) 839-3838
E -M.sI L MAI LHOX('aGRI xS$ lYAwI3nRR2 NG.00M
Ronald L. Fano ronfano@.arimshawharring.com
303-839.3820 www.grimshawharring.com
September 14, 2001
VIA FAX-970-479-21.57
and REGULAR MAIL
Thomas R. Moorehead, Esq.
Vail City Attorney's Office
75 S. Frontage Road W
Vail, CO 81657
Re: 'V'illage Center Association v. Town of Vail. et a1.: Case No. 00-CV-322
Dear Tom:
With respect to the Court's order in the referenced case remanding the matter to the Town
Council for findings and conclusions to be filed within 60 days, we hereby request that you provide
us advanced notice of the Town Council meeting at which the adoption of findings and conclusions
will be considered/take place. In addition, we would request that you or the Council staff provide
us with an advance draft of any staff report, proposed findings/conclusions and/or resolutions that
will be taken up at such meeting. Thanks Tom for your cooperation in this regard.
If you have any questions, please do not hesitate to call.
Very truly yours„
GPIMSHAW & HARKING,
A Pr ssional Cc oration
Ron d ` Fano
13372/2
cc: Diane Otto
Nicki Viars
Gil McNeish
Phil Quatrochi
DISTRICT COURT
EAGLE COUNTY, COLORADO
885 E. Chambers Road
P.O. Box 595
Eagle, Colorado 81631
Petitioner:
VILLAGE CENTER ASSOCIATION.
Respondents:
THE TOWN OF VAIL, COLORADO; THE TOWN
COUNCIL OF THE TOWN OF VAIL,
COLORADO; DIANA DONOVAN; CHUCK
OGILBY; KEVIN FOLEY; RODNEY SLIFER;
GREG MOFFET; and SYBILL NAVAS, as present
members of the Town Council of the Town of Vail,
Colorado; and LUDWIG KURZ, as Mayor of the
Town of Vail, Colorado and present member of the a COURT USE ONLY a
Town Council of the Town of Vail, Colorado.
Case Number: 00 CV 322
Div.. L
ORDER OF REMAND TO THE TOWN COUNCIL OF THE TOWN OF VAIL FOR
FINDINGS OF FACT AND CONCLUSIONS OF LAW
THIS MATTER comes before the Court on C.R.C.P. 106(a)(4) review of The Town
Council of the Town of Vail's ("Town Council") denial of Petitioner's appeal from the Planning
and Environmental Commission's ("PEC") approval of the Town of Vail's application for
approval of grading of Gore Creek. The Court has reviewed the opening brief, answer brief,
reply brief and the record.
The Town Code of Vail, Colorado ("Code") § 12-3-3(C)(5) provides as follows.
Findings: The Town Council shall on all appeals make specific findings of fact
based directly on the particular evidence presented to it. These findings of fact
must support conclusions that the standards and conditions imposed by the
requirements of this Title have or have not been met.
No written findings of fact or conclusions of law were issued by the Town Council. The
only reference to findings is in the transcript of the Town Council Work Session from June 13,
2000. The motion to deny the appeal included a statement that the motion was "subject to the
filings or findings outline [sic] in staff memo." The only finding in the staff memo is the
following.
That the proposed location of the floodplain modification and the condition under
which it would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or improvements in
the vicinity.
Petitioner raised a considerable number of issues in its written appeal and at the work
session concerning the appeal on June 13, 2000. The Town Council failed to make any findings
or conclusions concerning those specific issues. Upon consideration of the record, the Court
finds that the findings in this matter are inadequate for a proper review. "In the event the court
determines that the governmental body, officer or judicial body has failed to make findings of
fact or conclusions of law necessary for a review of its action, the court may remand for the
making of such findings of fact or conclusions of law." C.R.C.P. 106(a)(IX).
This matter is therefore remanded to the Town Council for findings of facts and
conclusions of law relative to the following issues.
1. Whether the subject improvements are prohibited by Code § 12-21-10(A).
2. The applicable zoning district and permitted uses within that district.
3. Whether the subject improvements are prohibited by the applicable zoning
district.
4. The applicability of Code § 12-14-17 as to setback and the prohibition against
rechanneling or changing a natural creek or stream channel.
5. Whether the environmental impact report complied with the Town Code.
6. Whether the environmental impact report demonstrated that the work will not (1)
adversely affect adjacent properties; or (2) increase the quantity or velocity of
floodwaters pursuant to Code § 12-21-10(E).
7. Whether the subject improvements are prohibited by the Vail Village Master Plan.
8. Whether the subject improvements are prohibited by the protective covenants.
IT IS THEREFORE ORDERED,
The Town Council of the Town of Vail shall file its findings of fact and conclusions of
law within 60 days of the date of this Order.
DATED THIS DAY OF , 2001.
BY THE COURT
District Court Judge
2
CERTIFICATE OF MAILING
I hereby certify that I have, on this day of 2001, mailed a true and
correct copy of the foregoing ORDER by U.S. Mail, postage prepaid, to the following:
Gilbert F. McNeish
Grimshaw & Harring, P.C.
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
J. Scott Lasater
Lasater & Allen, P.C.
8122 South Park Lane #205
Littleton, Colorado 80120
Robert Thomas Moorhead
Vail City Attorney's Office
75 S. Frontage Rd. W
Vail, Colorado 81657
3
MEMORANDUM
TO: Vail Town Council
FROM: Bob McLaurin, Town Manager
RE: Town Manager's Report
DATE: September 18, 2001
Child Care Update:
The Vail Child Care campaign is in the homestretch. Our September marketing push will
determine if sufficient business interest exists (see attached Vail Valley Business Owner
letter). At present, only 12 spaces are committed with a target of 40 to open.
Dobson Ice Arena Fire Safetv Improvements:
As you are aware, the Town of Vail contracted with a fire safety engineering firm to
determine improvements which would be required to increase the occupancy of the
Dobson Ice Arena from 1000 to 3000. Based on this report and in conversations with
the building official and members of the VRD staff, it is my understanding that the cost to
make the required physical improvements and to install a smoke management system is
estimated to be approximately $100,000. 1 have spoken to officials of the Vail
Recreation District concerning who should be responsible for these improvements. At
this point, the VRD is willing to accept responsibility for funding half of these costs. They
are requesting that the Town of Vail fund the remaining fifty percent. They also indicate
given the remodel to the ice arena and expenses generated by the ice bubble at the golf
course, they do not currently have the funds available for this expenditure.
It is my recommendation that we fund these improvements jointly with the VRD. I would
also recommend that we agree to cover the costs of this work and provide for the Vail
Recreation District to repay the town over a period which would be agreed by both of the
entities. Given the fact that there is a contractor on site, now is the time to make these
improvements.
Parkina Recommendations Update:
The Parking Policy Committee established by the Town Council several months ago has
been meeting on a regular basis. While they are charged with looking at both short term
and long term solutions, the principle work to date has been on the upcoming season.
As of today, they have finalized a preliminary list of recommendations which will address
parking management issues for the upcoming ski season. Because these
recommendations are not in final form, I have not included them in this memorandum.
They will be distributed to you at the meeting on Tuesday and we will schedule a time
the following week to discuss these recommendations so the Council can change or
modify this committee's work.
Covev Trainina Session
On November 5, 6, and 7, the Town of Vail will be sponsoring a training session on the 7
Habits of Highly Successful People. This is a three-day course and seeks to enhance
professional and personal effectiveness. If you're interested in attending this session,
please let me or John Power know.
CAST Meetina:
Attached to this memorandum is an agenda for the upcoming CAST meeting which will
be held in Minturn. Please let me know if you would like to attend any or all of these
functions and I will make the necessary arrangements.
UPCOMING ITEMS:
September 25. 2001 Work Session
Donovan Park Neighborhood Walk-about
Highland Meadows Annexation Discussion
Business Index Discussion
Vail Alpine Garden Foundation
RETT Discussion
Resolution of Funding:
VVTCB
VCBA
VVVTCB/VVGC Merger
VLMD
Vail Today
Spaeth Design
Vail Alpine Garden Foundation
DRB/PEC Report
October 2. 2001 Work Session
Discussion of Vail Local Housing Authority Ordinance
Winter Use of Bike Paths in Lionshead & Cascade Village Area
Mountain Bell - rezoning & land use plan amendment
Executive Session: Mountain Bell Deed Restriction & Land Lease
October 2. 2001 Evenina Meetinq
Appointment of Election Judge
1St reading, Vail Local Housing Authority Ordinance
Resolution to Adopt the Arts in Public Places (AIPP) Strategic Plan
1St reading, Timber Ridge Rezoning Ordinance
1St reading, Mountain Bell Rezoning Ordinance
Resolution regarding Land Use Plan Amendment
u
~y
TOWN OF VAIL
Department of Community Development
75 South Frontage Road Building Safety
Vail, Colorado 81657 & Inspection
970-479-2138 Services Team
FAX 970-479-2452
www ci. vail. co. us
September 11, 2001
Mr. Robert W. McLaurin Mr. Piet Pieters
Town Manager Executive Director
Town of Vail Vail Recreation District
75 S. Frontage Rd. 321 E. Lionshead Cr.
Vail, CO 81657 Vail, CO 81657
Re: Interim Use, Dobson Ice Arena
Gentlemen:
As you know, the Vail Recreation District staff, along with R.A. Nelson, the general contractor for the
current remodel project, and O'Dell Architects, are working to implement the recommendations for life
safety improvements contained in the Arup Fire Final Report dated May 2001. Current plans are to
implement all of the recommend- ations, with the exception of the installation of the smoke management
system, prior to hosting any events with an occupant load of more than 1,000 persons.
The smoke management system will require additional design and construction time, but will be completed
as soon as possible.
It is agreed that the Vail Ski Club Ski Swap, which is scheduled for October 25-27, as well as selected other
events involving more than 1,000 persons, may occur, subject to the following conditions:
1) The current addition and remodel project is satisfactorily completed and a Certificate of Occupancy
("C.O.") is issued.
2) All existing life safety systems, including the fire sprinkler system, fire alarm system, exit lighting, etc.,
must be maintained in a satisfactory working condition.
3) Each event with an occupant load of more than 1,000 persons must be closely coordinated with the Town
of Vail building official and fire marshal. Each event must have an approved fire management plan,
including seating layout, arrangement and makeup of fuel packages and any special operational
procedures and safeguards that may be required.
4) During major events, sufficient openings must be provided in the barrier surrounding the ice rink to
permit safe and efficient exiting.
5) At least two additional 3'-wide exit doors are added at the main entrance/exit, and the pair of 4'-wide
doors at the East End of the main exit are made available as emergency exits during major events.
6) At least two additional 3'-wide exit doors are added at each of the upper (east and west) side exits.
7) The combustible materials in the ceiling above the paths of egress are either removed or treated with an
approved flame retardant material so as to achieve at least a Class II flame spread rating in accordance
with Chapter 8, 1997 Uniform Building Code (UBC).
8) A 3'-wide stair is added at each end of the existing fixed seating area.
RECYCLEDPAPER
McLaurin, Pieters, 9/11/01, p. 2
It is hoped that this will serve to clarify the parameters for booking, scheduling and holding events in the
facility in the interim time period between the completion of all other recommended life safety
improvements and the completion of the smoke management system. If you should have questions or need
additional information, please feel free to contact me at 479-2321.
Very Truly Yours,
L
Gary R. Goodell,
Chief Building Official
GRG:grg
cc: Jim Heber, Manager, Dobson Ice Arena
John Gulick, Chief, Town of Vail Fire Dept.
Mike Mcgee, Deputy Chief/Fire Marshal, Town of Vail Fire Dept.
Russell Forrest, Director of Community Development
AGENDA
Colorado Association of Ski Towns
Minturn
October 25-26, 2001
Thursdav, 6:00 PM
Cocktails and Dinner
Minturn Country Club
Fridav
Minturn Town Hall
8:OOAM Nick Teverbaugh, CAST President
Welcome and Call to Order-Intro Montrose
8:15 Approval of August 24 Minutes
Approval of Financial Statement
9:20 Updates/Old Business
9:30 Mayor Flaherty/Alan Lanning: Minturn Town Hall
10:00 Resort Economics: Today and Tomorrow
Ford Frick-BBC Research
Ian Thomas-pending confirmation
11:30 What's Happening in Your Town
12:00 or later ADJOURN
Eagle Valley Child Care Association
c/o Town of Vail
75 South Frontage Road
Vail, CO, 81657
(970) 479-2332
September 5, 2001
Dear Vail Valley Business Owner:
Do you have employees who are desperately seeking quality and affordable child care for their
infants or young children?
Do you worry that you may lose valuable employees because they can't find child care
arrangements for their pre-school children?
Do you, as a business leader, care about quality early childhood education as an important
social issue and community need?
If you answered "yes" to one or more of these questions, we have a solution for you!
The Eagle County Child Care Association plans to open a new Vail Child Care Center facility
adjacent to the City Market in West Vail. The targeted opening date is early November, pending
sufficient interest. This center is a nonprofit organization sponsored by the Town of Vail, Eagle
County, and local business partners. Dedicated to top quality and affordable care, this center
works because of an innovative financing arrangement and the commitment of business partners
like yourself.
Take advantage of a new state tax credit (Colorado's Child Care Contribution Credit) to
secure child care for valued employees, at a very affordable cost to you. Help support the
creation of more child care spots in this county where the birthrate is booming, where large
numbers of women work outside the home, and less than 40% of the child care needs of working
parents are met by licensed child care providers (data from May 2001 research report).
To find out more about this program and how the tax credit can work for you, your employees
needing child care, and the community, please call 479-2332 to schedule a 30-minute
inf,,...Yational meeting at a time and place convenient for you. Call today, while there is still
time for you to take advantage of this opportunity and still space available in the new center.
Sincerely,
ohn Power Kathleen Forinash, Director
Director of Human Resources Health and Human Services
Town of Vail Eagle County
Investing in our children; the future of Eagle County
q. 1g.
1.,t e 7
To: Vail Town Council
From: Parking Policy Committee
Date: September 18, 2001
Subject: Recommendations for 2001-2002 Season
The parking policy committee has met over the last month and a half and forwards the following
recommendations to you to consider for implementation for the upcoming 2001-2002 Season.
The goal is to shift demand and increase supply to the point that parking on the Frontage
Road occurs 15-20 times this ski season.
The recommendations are as follows:
• Hourly rates will stay the same
• Peak days will be expanded to include All Saturdays and Sundays and add all Fridays for the season
• The actual Valet Service of parking cars at the Village Parking Structure will not be run this year, but a
Premiere service of cash on entry once the lower spaces are filled will be operated for those late
comers who are willing to pay a premium for the space.
• The gold pass will be increased in price from $1250-$1500. This provides the premium service of
guaranteed access to the structures all the time. A limited number of 150 will be sold.
• Blue passes will be only for Town of Vail residents, property owners or employees of town businesses.
This pass allows unlimited available access to the VTRC on Non-peak days and unlimited access to
Lionshead Parking Structure on all days. The price of a Blue pass will be increase from $525- $550.
• Debit Cards will be allowed on the top 226 spaces during non-peak days of the VTRC for a pay on
entry price. On peak days the number of available spaces will be reduced based on premium service
demand but a minimum 100 spaces will be held and a peak pay on entry price will be charged.
• Debit cards are valid at Lionshead all year at the non-peak pay on entry price.
• Cost of Debit cards for a Town of Vail resident, property owner, or in-town employee for the pay on
entry price will stay $5.00 non-peak and $ 10.00 peak.
• Cost of Debit cards for county residents, employees or property owners with a pay on entry price will
increase from $5.00- $6.00 non-peak and increase from $10.00-$12.00 peak.
• VRI will pursue available private parking spaces. The goal is free up 100 spaces.
• ECO will look at securing use of the Edwards rest area for an Edwards park-n-ride. ECO will have
significant expanded service into to Vail.
• The use of the hospital lot, the sewer plant lot and the Chateau at Vail and the Mountain School Lot
equates to over 500 spaces available on Saturday and Sunday and 250 spaces on Fridays. VRI will
pursue the use of the Chateau lot.
• In addition the use of park, trail head and Red Sandstone School lot equals another 150 spaces.
• If the Chateau is not available for the season, we will look at allowing on Peak Days the availability of
parking cars outlying in West Vail and shuttle in people. We have determined there may be up to 450
spaces available. The time of the parking could be 6:30 AM - 9:00 PM.
• We will experiment with up to 5 merchants of providing a voucher system where they are able to pay
for their patrons parking. There will not be any discounting of parking though, just a method of where
we are able to bill them for parking they have validated for their customers.
• The Town of Vail has budgeted for five parking hosts to work the parking structures during peak times
in assisting with parking, management when the structures fill, frontage road parking, traffic control
and exiting assistance and providing guest information and guest services.
• Once the programs are set, an intensive education campaign will need to be undertaken. The main
focus of the operational team will be to establish clear messages of where to park and providing real
time information as conditions change.