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HomeMy WebLinkAbout2001-11-20 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING MEETING TUESDAY, NOVEMBER 20, 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. CONSENT AGENDA: Second Reading Of Ordinance No. 31, Series Of 2001 - An Ordinance Amending Title 11, (Sign Regulations), Title 12 (Zoning Regulations), Title 13 (Subdivision Regulations), And Title 14 (Development Standards), Vail Town Code, To Allow For Corrections and/or Updates To The Vail Town Code, And Setting Forth Details In Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 31, Series of 2001, on second reading. BACKGROUND RATIONALE: Over time, problems arise with specific code sections that are not clear to development review applicants. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean- up" the Zoning Regulations, Subdivision Regulations, Development Standards and Sign Codes. These amendments are not designed to amend the substantive content of the code, but to " clean-up" errors and clarify sections of the code. None of the proposed amendments result in a change of policy. The Planning and Environmental Commission unanimously recommended approval of the proposed text amendments at its August 27th, 2001, meeting. The proposed amendments to the Town Code are described in detail in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council approve Ordinance No. 31, Series of 2001, on first reading. 3. Allison Ochs ITEM/TOPIC: ORDINANCE NO. 32, SERIES OF 2001, AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONVERSION OF ACCOMMODATION UNITS INTO TYPE III EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2001, on first reading. BACKGROUND RATIONALE: The applicant, Daymer Corporation, is requesting a major amendment to Special Development District No. 6, to allow for the conversion of accommodation units into employee housing units, and a conditional use permit to allow Type I I I employee housing units at the Vail Village Inn. This is a temporary request to allow the applicant to utilize the property for employee housing until construction can begin on the redevelopment of the property which was approved in 2000. The property is zoned Special Development District No. 6, with an underlying zoning of Public Accommodation. Any proposal to change use and eliminate accommodation units within a special development district is considered a major amendment. The conditional use permit for the 56 Type III employee housing units was approved by the Planning and Environmental Commission on November 12, 2001, subject to approval of the major amendment by the Town Council. The Planning and Environmental Commission also voted to forward a recommendation of approval for the major amendment to Special Development District No. 6. The findings and conditions of the Planning and Environmental Commission decisions are in the staff memorandum, dated November 12, 2001. Ordinance No. 32, Series of 2001, amends the approved uses in Special Development District No. 6, Phase IV, to allow for the conversion of accommodation units into Type III employee housing units. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 32, Series of 2001, on first reading 4. ITEM/TOPIC: Discussion of Re-Financing Town of Vail Debt. (30 min.) Steve Jeffers Steve Thompson Steve Jeffers with George K. Baum & Company will be explaining to the Council an option we have to generate approximately $200,000 on the Pitkin Creek Bond Issue and any other refinancing options in light of today's interest rates. 5. Town Manager's Report. (5 min.) Bob McLaurin 6. Adjournment (8:25 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, DECEMBER 4, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, DECEMBER 4, 2001, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOWUP 2001 10123/01 RESERVATIONS REPORT BOB: Contact both Frank Johnson and Bill Jensen to Frank is willing to share reservation bookings with us. Council see whether they would be willing to keep Council informed on reservations bookings for the upcoming season. 11/6/01 GOING-OUT-OF-BUSINESS RUSS/MATT: What is the law in re: to stores who SIGNS continuously display GOING-OUT-OF-BUSINESS Sybill Navas signs? How long can a sign be displayed before it becomes fraudulent? RECREATION PATH SIGNS LARRY/GREG: There is a need for more signs on Vail's Chuck Ogilby recreation paths indication "walk on right, pass on left" to improve user safety. F:\mcaster\bsaiter\agenda\followup\1 1-20-01 du November 20, 2001 - Page 1 ORDINANCE NO. 31 SERIES OF 2001 AN ORDINANCE AMENDING TITLE 11, (SIGN REGULATIONS), TITLE 12 (ZONING REGULATIONS), TITLE 13 (SUBDIVISION REGULATIONS), AND TITLE 14 (DEVELOPMENT STANDARDS), VAIL TOWN CODE, TO ALLOW FOR CORRECTIONS AND/OR UPDATES TO THE VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its August 27, 2001, meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments do not alter the intent, purpose, or policy of the current regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments will make the Town's development review process less problematic and more "user friendly"; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the Vail Town Code to clarify certain unclear sections and update the Vail Town Code to reflect related code adoptions and correct errors identified within the Code. (Text to be deleted is stricken. Text to be added is in bold.) Section 2. Section 12-2-2, Vail Town Code is hereby amended as follows: When used in this Title, the words and phrases contained in this Chapter shall have the specific meaning as defined in this Chapter. ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit. Each CsGOmmadaticn unit s"cll-be-ssuRted a_ aria half 4E2ycf a dwelling unit-fx pufpsFes 9f sally-!atiRg-allowable-URits per asF9. -1- ACTIVE OUTDOOR RECREATION: Outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. ADMINISTRATOR: The Administrator of the Department of Community Development or his/her designee. AMUSEMENT DEVICE: Any device which upon insertion of a coin, slug, token, plate or disc, or payment of consideration may be used by the public for use as a game, entertainment, amusement, a test of skill, either mental or physical, whether or not registering a score, which shall include, but shall not be limited to: pool tables, snooker tables, foosball tables, pinball machines, electronic games, fixed stand coin-operated kiddie rides, and mechanical bulls, but shall not include radios, devices that provide music only, or television carrying commercial broadcasts. BATHROOM: A room containing a working shower or bathtub, sink, and toilet. BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use. Arta arid-breakf2r: 9peratiTn may -r farm rent separately up t9 three (3) bedre-zms a =r m sq-j=94Getage44-nine hurdred 00) squars; feet of the dwelling unit. s shall s a "fam4y" a= definedin -Red and -breakfast this°_estie+ BREW PUB: An eating place which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the total floor area of the commercial space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrel is equivalent to thirty one (31) gallons. BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated flood plain, red hazard avalanche area, or areas in excess of forty percent (40%) slope. BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or property. COMMERCIAL SKI STORAGE: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing-related sports, which is available to the public or members, -2- operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage. CONVENTION FACILITY: A building or portion thereof designed to accommodate three hundred (300) or more persons in assembly, but not including a dining room or meeting room in a lodge, if the dining room or meeting room is designed to accommodate less than three hundred (300) persons. CREEK OR STREAM: A body of flowing water indicated as a perennial stream on the most recent USGS topographic map of the area. DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more of the gross residential floor area of an existing dwelling unit or structure. The determination of the fifty percent (50%) shall be calculated upon "gross residential floor area" as defined in this Section. DESIGN REVIEW BOARD (DRB): Design Review Board established pursuant to Title 3, Chapter 4 of this Code. DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units, including townhouses, rowhouses, apartments, and condominium units, designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. A dweltiflg-unit in a rultiple-.=r.'!y-building may e,-rmadatien unit PG langeF than IaRe thiFd (113) of the tot ar a ling EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full- time employees in Eagle County. EHUs shall be allowed in certain zone districts as set forth in this title. Development standards for EHUs shall be as provided in chapter 13 of this title. For the purposes of this definition, a "full-time" employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be five (5) categories of EHUs: Type I, Type II, Type III, Type IV and Type V. Provisions relating to each type of EHU are set forth in chapter 13 of this title. -3- FAMILY: Family shall be deemed to be either subsection A or B of this definition: A. An individual, or two (2) or more persons related by blood, marriage or adoption, excluding domestic servants, together in a dwelling unit used as a single housekeeping unit. B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an additional two (2) persons per dwelling unit used as a single housekeeping unit. FLOOR AREA, GROSS RESIDENTIAL (GRFA): The total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e., not including furring, sheetrock, plaster and other similar wall finishes). Refer to chapter 15 of this title for GRFA regulations and requirements for GRFA calculation. FLOOR AREA, NET (Used Only For Calculating Parking Requirements): The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. Common areas are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, preconvene areas and kitchen facilities. FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by person, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. -4- FRACTIONAL FEE CLUB: A fractional fee project in which each condominium unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and . 'anal fse-s;b" units ar s; -,hart-term rgpAal in a managed pregram w4cn nat in 6s GlUb mer4ber_: The-prejest is managed on-site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT: A condominium unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. GRADE, EXISTING: The existing grade shall be the existing or natural topography of a site prior to construction. GRADE, FINISHED: The finished grade shall be the grade proposed upon completion of a project. HABITABLE: Any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. HEIGHT: The distance measured vertically from any point on a proposed or existing roof or eaves to the existing or finished grade (whichever is more restrictive) located directly below said point of the roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the existing grade directly below said point on a proposed or existing roof. HOME OCCUPATION: A use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. INTERPRETIVE NATURE WALKS: Unpaved pedestrian trails with either fixed signs or marked points which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechanical vehicles except wheelchairs and maintenance equipment. KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, and refrigeration and food storage facilities. KITCHENETTE: A room containing not less than the following fixtures and appliances: a microwave oven and/or cooking surface, sink, and refrigerator. LANDSCAPING: Planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with the core development such as walks, decks, patios, terraces, -5- water features, and like features not occupying more than twenty percent (20%) of the landscaped area. For the purposes of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in single-family, two-family residential, residential cluster, low density multi-family, hillside residential, and primary/secondary residential zone districts. LODGE: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation units or fractional fee club units, is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. Notwithstanding the above for properties containing gross residential floor area equal to or less than eighty (80) square feet of gross residential floor area for each one hundred square feet of buildable site area, such properties shall be defined as lodges, provided that gross residential floor area devoted to accommodation units or fractional fee club units exceed the gross residential floor area devoted to dwelling units. LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and which contains six hundred fifty (650) square feet or less of floor area and is intended to be rented on a short-term basis. LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this Title and meeting the minimum requirements of this Title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. LOT OR SITE LINE, FRONT: The boundary line of a lot or site adjoining a street which provides the primary access or street address of the site, or adjoining the primary access from a street to the lot or site. LOT OR SITE LINE, REAR: The boundary line of a lot or site extending between the side lines and forming the boundary of the lot or site opposite the front line. In event of a lot or site having only three (3) lot or site lines, a line ten feet (10') in length within the lot or site extending between the side lines and parallel to the front line shall be deemed the rear line for purposes of establishing setbacks. LOT OR SITE LINE, SIDE: The boundary line of a lot or site extending from the front line towards the opposite or rearmost portion of the site. -6- MAJOR ARCADE: A place of business where an individual, association, partnership or corporation maintains five (5) or more amusement devices. MICRO-BREWERY: A mixed use commercial operation that processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting that shall also include an on-site public restaurant and/or bar which sells the beer and ale produced on-site. The maximum brewing capacity for the micro-brewery shall be seven thousand five hundred (7,500) barrels per year. A barrel is equivalent to thirty one (31) gallons. The micro-brewery use shall not exceed eight thousand (8,000) square feet of floor area, excluding enclosed areas for loading, trash, and delivery. The public restaurant and/or bar shall have a minimum seating area of two thousand (2,000) square feet and shall be excluded from the total micro-brewery maximum square footage limit. MINOR ARCADE: A place of business where an individual, association, partnership or corporation maintains four (4) or fewer amusement devices. NATURE PRESERVES: Areas of land and/or water that are managed primarily to safeguard the flora, fauna and physical features it contains, while not precluding public access. ' OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. OFFICE, PROFESSIONAL: An office for the practice of a profession, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area. PASSIVE OUTDOOR RECREATION: Outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross-country skiing, informal playing fields, etc. PERSONAL SERVICES: A commercial business where a service is offered to the customer including beauty and barbershops, tailor shops, and similar services. PLANNING AND ENVIRONMENTAL COMMISSION: The Planning and Environmental Commission as may be constituted by ordinance of the Town Council. PLANT PRODUCTS: Fertilizers and plant seeds packaged in quantities weighing not more than twenty five (25) pounds, and trees, shrubs, bedding plants, ground cover and Christmas trees and wreaths. -7- PRIVATE: A use, area, property or facility which is not public. PUBLIC: A use, area, property or facility which: A. Is owned and operated by a governmental entity, and functions or is available for use by all persons whether with or without charge; or B. Is owned or operated by a person or entity other than a governmental entity, and functions or is available for use by all persons without charge. QUASI-PUBLIC: A use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. RECREATION STRUCTURE: Any covering erected over a recreational amenity, such as a swimming pool or tennis court, which is not a seasonal structure. For the purposes of this Title, recreation structures shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure shall require a conditional use permit in accord with Chapter 16 of this Title. SATELLITE DISH ANTENNA: A dish-shaped or parabolic-shaped reception or transmission antenna which is more than two feet (2') in diameter (including dishes stored or temporarily placed for more than one day) for the reception and/or transmission of satellite signals, including, but not limited to, television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. SEASONAL PLANT PRODUCTS BUSINESS: Any person, corporation, company or partnership which sells any "plant products" as defined in this Section. A seasonal plant products business shall only operate as a conditional use in zone districts where it is allowed. A seasonal plant products business shall be entitled to not more than two (2) permits per lot for any one year, and each permit shall not exceed sixty (60) consecutive days each. Whenever a seasonal plant products business is not in operation, all structures, fixtures, materials for sale and equipment relating to the business shall be removed from the site or location of operation within a period not to exceed seventy two (72) hours. SEASONAL USE OR STRUCTURE: A temporary covering erected over a recreational amenity, such as a swimming pool or tennis court, for the purpose of expanding their use into the cold weather months. Such seasonal covers may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk -8- control standards. Any seasonal use or structure shall require a conditional use permit in accord with Chapter 16 of this Title. SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: The setback line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SHORT-TERM RENTAL: Shall be deemed to be a rental for a period of time not exceeding thirty one (31) days. SITE COVERAGE: The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area -9- requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square feet grid portion of the tract, lot or portion thereof. STORAGE AREA: An area within a dwelling unit which is designed and used specifically for the purpose of storage and is not required by the latest edition of the UnifsrM. °ij+lding-Gsde adopted building codes to provide either light, ventilation, or to comply with any code requirement for its function or existence. STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the Design Review Board, swimming pools and tennis courts may be exempted from this definition. STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment employed which is objectionable or injurious to persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumination, glare, unsightliness, or hazard of fire or explosion. SUBSTANTIAL OFF-SITE IMPACT: An impact resulting from development or redevelopment on the surrounding neighborhood and public facilities in the vicinity of a development or redevelopment site having a considerable amount of effect upon the area. For example, substantial off-site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. TIME-SHARE ESTATE: A time-share estate shall be defined in accordance with Colorado Revised Statutes section 38-33-110. TIME-SHARE LICENSE: A contractual right to exclusive occupancy of specified premises; provided, that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The premises may consist of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No time share is a time-share license if it meets the definition of interval estate, time-share or time-span estate. TRANSPORTATION BUSINESS: A business which provides transportation for persons in the form of a shuttle service (e.g., van transportation) or by providing automobiles for customers -10- (e.g., car rental). Transportation businesses do not include businesses providing vehicles for the transportation of goods or products including, but not limited to, panel trucks, moving vans and trucks, and other similar vehicles. USE: The purpose for which a site or structure or portion thereof is arranged, designed, intended, erected, moved, altered, or enlarged, or for which either a site or structure or portion thereof is or may be occupied or maintained. USEABLE OPEN SPACE: Outdoor space useable for outdoor living or recreational activities, including patios, terraces, gardens, lawns, swimming pools, water features, or recreation areas, and decks or balconies, but excluding driveways, parking areas, access walks, utility and service areas, and required setback areas. Patios used for restaurant and bar service shall not be considered as useable open space. USEABLE OPEN SPACE, GROUND LEVEL: Useable open space provided at grade or on decks or similar structures not more than ten feet (10') above ground level and accessible from ground level. VEHICLE STORAGE YARD: An area where vehicles are temporarily parked while awaiting repair or disposition. Vehicles stored in a vehicle storage yard must be licensed vehicles, and no one vehicle may remain in such a storage yard for more than one hundred twenty (120) consecutive or nonconsecutive days in a one year period. A vehicle storage yard does not include the repair and servicing of vehicles or the removal and sale of vehicle parts or other accessories. Section 3. The following text is hereby added as follows to Sections 12-6H-8, 12-7A- 8, 12-713-13, and 12-7C-10, Vail Town Code: Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. Section 4. Section 12-14-19 is hereby amended to read as follows: 12-14-18: BED AND BREAKFAST OPERATIONS: A. Definition: See Section 12-2-2 of this Title for definition of "bed and breakfast". B. Location And Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this Title. If permitted as a conditional use pursuant to Chapter 16 of this Title, bed and breakfast operations shall be subject to the following requirements: 1. Off-street designated parking shall be required as follows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half (1/2) space for each additional bedroom rented. 2. Enclosed trash facilities and regular garbage removal service shall be provided. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. 4. Each bed and breakfast shall be allowed one residential "nameplate" sign as defined and regulated by the Town Sign Codes. 5. If a bed and breakfast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway in duplex subdivision, by way of example and not limitation, the written approval of the other property owner, owners, or applicable owner's association shall be required to be submitted with the application for a conditional use permit. 6. A bed and breakfast operation may short-term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breakfast operations shall only be permitted to accommodate a "family" as defined in Section 12-2-2 of this Title. C. Compliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the Planning and Environmental Commission after June 12, 1990 or to operate in violation of any of the provisions of this Code. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform with the provisions of this Title. E. Review Of Decision: The Town Council, the applicant, adjacent property owner or the Town Manager, may appeal/call up to the Town Council for review any decision made by the Planning and Environmental Commission regarding a conditional use permit for bed and breakfast as per Section 12-3-3 of this Title. Section 5. The following text is hereby added as follows to Sections 12-6E-8, 12-6F- 8, 12-6G-8, 12-61-1-8, 12-7A-8, 12-713-13, 12-7C-10, 12-7E-9, 12-71-1-12, 12-71-12, and 12-8D-12, Vail Town Code: A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. Section 6. Section 12-16-7, Vail Town Code is hereby amended to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Section 12-16-6 of this Chapter. -12- A. Uses And Criteria: 1. Bakeries And Confectioneries: The use shall be restricted to preparation of products specifically for sale on the premises. 2. Barbershops, Beauty Shops And Beauty Parlors: No exterior frontage on any public way, street, walkway, or mall area is permitted. 3. Brew Pubs: a. There shall be no exterior storage of supplies, refuse, or materials on the property upon which the brew pub is operated. b. The operator of the brew pub shall comply with the Town's loading and delivery regulations as set forth in this Title. c. Brew pubs which sell beer or ale at wholesale or which sell beer for off-site consumption are allowed so long as the total of wholesale sales and sales for off-site consumption do not exceed forty five percent (45%) of the product manufactured by the brew pub on an annual basis. 4. Commercial Storage: No exterior frontage on any public way, street, walkway, or mall area is permitted. 5. Convenience Food Stores: a. Maximum store size shall be eight thousand (8,000) square feet. b. No more than thirty three percent (33%) of the gross building area of the entire structure on-site. 6. Major Arcade: a. No exterior frontage on any public way, street, walkway, or mall area is permitted. b. Amusement devices shall not be visible or audible from any public way, street, walkway, or mall area. 7. Television Stations: a. The production room/studio shall be visible from the street or pedestrian mall. b. The television station shall be "cable-cast" only, requiring no additional antennas. 8. Time-Share Estate, Fractional Fee, Fractional Fee Club, Or Time-Share License Proposal: Prior to the approval of a conditional use permit for a time-share estate, fractional fee, fractional fee club, or time-share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation -13- unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock-off units and lock-off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. e. The applicant shall submit to the Town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. f. Each of the fractional fee club units shall be made available for short-term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities.- 9. Transportation Businesses: a. All vehicles shall be parked upon approved parking areas. b. All vehicles shall be adequately screened from public rights of way and adjacent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the deleterious effects of vehicle storage. c. The number, size and location of vehicles permitted to be stored shall be determined by the Planning and Environmental Commission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses. d. Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on-site. (Ord. 10(1998) § 11) Section 7. Section 12-&A-12, Vail Town Code, is hereby amended as follows: 12-7A-12: EXTERIOR A1=TERNAT19145 ALTERATIONS OR MODIFICATIONS: -14- A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of this Title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this Chapter and Section 12-3-6 of this Title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals twenty feet (1" = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relation to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1" = 20'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth -is- inch equals one foot (1/8" = 11 The material listed above shall include adjacent buildings and improvements as necessary to demonstrate.the project's compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. L Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council. -16- 4. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this Article shall lapse and become void three (3) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as Code provisions affecting the proposal have not changed. Section 8. Chapter 12-7C, Vail Town Code, is hereby amended to read as follows: 12-7C-1: PURPOSE: The Commercial Core 2 District is intended to provide sites for a mixture of multiple-dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District in accordance with the Vail Nkn:head Village Urban Design Guide Plan and Design Considerations, as adopted in Section 12-7C-15 of this Article is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. (1997 Code: Ord. 21(1980) § 2) 12-7C-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Core 2 District or enlargement of any existing Commercial Core 2 District by change of district boundaries, the Town Council shall by resolution adopt a general development plan for the proposed district. The general development plan may be prepared by an applicant for the establishment of such District or may be prepared by the Town. The development plan shall be submitted to the Planning and Environmental Commission for review, and the Planning and Environmental Commission shall submit its findings and recommendations on the plan to the Town Council. B. Development Plan Content: The development plan shall show the following information: 1. Existing topography and tree cover. 2. Proposed division of the area into lots or building sites, and the pro- posed uses to be established on each site. -17- 3. Proposed locations, dimensions, and heights of buildings on each site, and the locations of parking and loading areas, access drives, principal public and private open spaces, and other site plan features. 4. Relationship of proposed development on the site to development on adjoining sites. 5. Such additional information as the Planning And Environmental Commission and Town Council deem necessary to guide development within the proposed district. C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the District. All plans subsequently approved by the Design Review Board in accordance with Chapter 11 of this Title, shall substantially conform with the development plan adopted by the Town Council. 12-7C-3: PERMITTED AND CONDITIONAL USES: In the CC2 District, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District as prescribed by Sections 12-713-2 through 12-76-5 of this Chapter. Retail stores and establishments shall not occupy more than eight thousand (8,000) square feet of floor area. 12-7C-4: CONDITIONAL USES; GENERALLY: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Theaters, meeting rooms and convention facilities. 12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows: -18- 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. A filing fee shall not be collected for any exterior alteration which is only for the addition of an exterior dining deck; however, all other applicable fees shall be required. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Vail Wenshead Village Urban Design Guide Plan and the Vail Lorar=hsad Village Design Considerations and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B. e. Existing and proposed site plan at a scale of one inch equals ten feet (1" = 10'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a scale of one inch equals ten feet (1" = 10'), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 1'). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with urban design criteria as set forth in the Vail Weashead Village Urban Design Guide Plan, Vail Nsrchgad Village Design Considerations, and any other relevant sections of the Vail Comprehensive Plan. f,. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: -19- Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a scale of one-fourth inch equals one foot (1/4" = 1') and a square footage analysis of all existing and proposed uses. h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. L Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the urban design criteria, as set forth in the Vail 1=ieashead Village Urban Design Guide Plan and Vail Lienshead Village Design Considerations and any other relevant sections of the Vail Comprehensive Plan. 3. Application Date And Procedures1: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information listed in subsection A2 above; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Planning and Environmental Commission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Planning and Environmental Commission meeting following the submittal dates listed above, the Administrator shall inform the Planning and Environmental Commission of all exterior alteration submittals. The Administrator shall commence with the review of exterior alterations following this initial Planning and Environmental Commission meeting. -20- a. A property owner may apply for a major exterior alteration (greater than 100 square feet) in any year in which he or she shall submit an application on the February or September dates as set forth in subsection A3 of this Section. Said application shall be termed a "major exterior alteration." b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred feet (100'), applications to alter the exterior rooflines of an existing building, applications for new outdoor dining decks and applications for modifications to existing dining decks may be submitted on a designated submittal date for any regularly scheduled Planning and Environmental Commission meeting. Said applications shall be termed "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this Section. All enclosed floor area for an expansion or deletion pursuant to this subsection A3b shall be physically and structurally part of an existing or new building and shall not be a freestanding structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Planning and Environmental Commission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Administrator, all submittals shall proceed to a work session with the Planning and Environmental Commission. The Administrator shall schedule the work session at a regularly scheduled Planning and Environmental Commission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with subsection 12-3-6C of this Title. Following the work session, and the submittal of any additional material that may be required, the Administrator shall schedule a formal public hearing before the Planning and Environmental Commission in accordance with subsection 12-3-6C of this Title. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Compliance With Applicable Comprehensive Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission that the proposed exterior alteration is in compliance with the purposes of the CC2 District as _21_ specified in Section 12-7C-1 of this Article, that the proposal is consistent with applicable elements of the Vail as#ead Village Urban Design Guide Plan and the Vail WT!^shead Village Design Considerations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Vail Comprehensive Plan. 7. Approval: Approval of an exterior alteration under subsection A5 and A6 of this Section shall constitute approval of the basic form and location of improvements including siting, building setbacks, bulk, height, building bulk and mass, site improvements and landscaping. 8. Lapse Of Approval: Approval of a major-or minor exterior alteration as prescribed by this Article shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Planning and Environmental Commission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within CC2 District shall be reviewed by the Design Review Board in accordance with Chapter 11 of this Title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board that the proposed building modification is in compliance with the purposes of the CC2 District as specified in Section 12-7C-1 of this Article; that the proposal substantially complies with the Vail I ionshead Village Design Considerations or that the proposal does not otherwise alter the character of the neighborhood. 12-7C-6: ACCESSORY USES: The following accessory uses shall be permitted in the CC2 District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcade. Amusement devices shall not be visible or audible from public way, street, walkway or mall area. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 6(1982) § 4(a): Ord. 8(1973) § 9.500) -22- 12-7C-7: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) 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. 12-7C-8: SETBACKS: In CC2 District the minimum front setback shall be ten feet (10'); the minimum side setback shall be ten feet (10'); and the minimum rear setback shall be ten feet (10') unless otherwise specified in the Vail L+_nc.".ead Village Urban Design Guide Plan and Design Considerations. (Ord. 21(1980) § 2) 12-7C-9: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). These restrictions pertain unless otherwise specified by the Vail Lienshead Village Urban Design Guide Plan and Urban Design Considerations. (Ord. 37(1980) § 2) 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail Nonshsad Village Urban Design Guide Plan, not more than eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. (Ord. 21(1980) § 2) 12-7C-11: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Vail ~ienskaead Village Urban Design Guide Plan and Design Considerations. (Ord. 17(1991) § 9: Ord. 21(1980) § 2) 12-7C-12: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped unless otherwise specified in the Vail Wenshead Village Urban Design Guide Plan and Design Considerations. (Ord. 21(1980) § 2) 12-7C-13: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least one-half (1/2) the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. -23- 12-7C-14: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by Section 12-7C- 3 of this Article, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor display of goods. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-7C-15: L401. 1E! EAD VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS: A. Adoption: The Vail Lir_-0-sad Village Urban Design Guide Plan and Design Considerations are adopted for the purpose of maintaining and preserving the character and vitality of Vail L4ershead Village (CC2) and to guide the future alterations, change and improvement in the CC2 District. Copies of the Vail Llenshead Village Urban Design Guide Plan and Design Considerations shall be on file in the Department of Community Development. B. Revisions: Revisions to the Vail 1=inmrhead Village Urban Design Guide Plan and Design Considerations shall be reviewed by the Planning and Environmental Commission with official action to be taken by the Town Council by resolution on a semi-annual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. (Ord. 21(1980) § 2). Section 9. Section 11-3-8, Vail Town Code is hereby amended to read as follows: 11-3-8: LIGHTING: Lighting should be of no greater lumination than is necessary to make the sign visible at night and should not unnecessarily reflect onto adjacent properties. Lighting sources shall not be directly visible to passing pedestrians or vehicles and should be concealed in such a manner that direct light does not shine through any element of a sign. Lumination should meet the requirements for outdoor lighting in 11 ES Title 14 of this Code. Section 10. Section 12-11-11, Vail Town Code is hereby amended to read as follows: 12-11-11: ENFORCEMENT; INSPECTION: Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Department of Community Development. The Department of Community Development shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the -24- r Design Review Board. It shall be the duty of the property owner or his/her authorized agent to notify the Department of Community Development that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Department of Community Development shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the I Iniferm _uilding-Cede adopted building code, the applicant shall post a bond as set forth in Section 12-11-8 of this Chapter. Upon forfeiture of said bond or surety, the Town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Town for the additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. Section 11. Section 12-15-4(C), Vail Town Code is hereby amended to read as follows: 12-15-4(C): INTERIOR CONVERSIONS (Standards) 3. Proposals for GRFA pursuant to this Section may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to, the expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two (2) vertical foot limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors as per the minimum necessary requirement for the Un4erm 20d+ng erode adopted building code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window-wells. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this Section. Prior to approval of proposed dormers or regrading for windows or doors as described above, the staff or the Design Review Board shall find that they do not add significantly to the bulk and mass of the building and are compatible with the overall scale, proportion, and design of the building. For the purpose of this Section, "dormers" are defined as a vertical window projecting from a sloping roof of a building, having vertical sides -25- T and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. Section 12. Section 12-18-9, Vail Town Code is hereby amended to read as follows: 12-18-9: RESTORATION: Whenever a nonconforming use which does not conform with the regulations for the district in which it is located, or a nonconforming structure or site improvement which does not conform with the requirements for setbacks, height, density control, building bulk control or site coverage is destroyed by fire or other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construction must conform to the applicable lIniferm Building-Gods, Vnifcrm FirsCoda adopted building codes, fire codes, and other relevant codes regarding safety and construction which are in effect at the time rebuilding is proposed. Section 13. Section 13-7-6, Vail Town Code is hereby amended to read as follows: 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion to employee housing units shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Town Building Official on the condition of the building, listing all building code violations, fire code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners, and the occupants of the building. B. Required Information: As part of the Planning and Environmental Commission's review of a conditional use permit request for conversion to employee housing units, the following submittal information shall be required: a report of the proposed conversion that includes a summary of the proposed ownership of the units; the approximate proposed sale price of units and financing arrangements to be provided by the applicant; a written statement demonstrating compliance with the objectives outlined in the Vail Land Use Plan, with specific reference to goal statements 3.1, 3.2 and 3.3; a draft set of condominium declarations demonstrating compliance with the provisions of this Title. These declarations will be reviewed again by the Town during the condominium platting process. C. Plans And Descriptions: Plans and descriptions showing how the following will be performed: -26- f 1. All site work shall be brought up to current Town standards unless a variance therefrom is granted to the applicant by the Planning and Environmental Commission in accordance with the variance procedures of Title 12 of this Code. The Planning and Environmental Commission may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the Building Official. l 3. Condominium projects shall meet current UMa m 9u4diR9-Cede adopted building code requirements. Section 14. The following language is hereby added to Title 14 (Page 13), Vail Town Code: Location Parking spaces, aisles and turning areas shall be entirely within lot lines and shall not encroach on any public right of way. No parked vehicle shall overhang any public right of way. Section 15. 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 16. 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 17. 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 18. 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. -27- INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of November, 2001 and a public hearing for second reading of this Ordinance set for the 20th day of November, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. X L ' ~ u Ludwig Kurz, Mayor Attest: J Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2001. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk -28- MEMORANDUM TO: Town Council FROM: Allison Ochs and Kris Friel, Community Development Mike McGee, Fire Marshal t SUBJECT: Inspection of the Vail Village Inn, Phase IV, units DATE: November 15, 2001 On November 14, 2001, we did a walk-through of the Vail Village Inn to investigate the safety of the building for occupancy. Major points of concern included the storage of combustible materials in rooms and attic spaces; the maintenance of the sprinkler and alarm systems; and the maintenance of emergency exit signage and lighting. As long as these basic life-safety concerns are met by the owner, the building is suitable for occupancy. The sprinkler and alarm maintenance must be completed regardless of occupancy of the building to ensure safety of the building. The Fire Department will be providing notice to the owner regarding all of the improvements that must be made to bring the building up to basic safety standards, and allowing the owner 30 days to comply with the requirements. After 30 days, the Fire Department and Community Development will do another walk-through of the building to ensure compliance. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 12, 2001 SUBJECT: A request for a major amendment to Special Development District No. 6 to allow for the conversion of accommodation units into employee housing units and a request for a conditional use permit, to allow for Type III employee housing units located at the Vail Village Inn, 100 East Meadow Drive/Lots M, N and O, Block 5D, Vail Village 1 s` Filing. Applicant: Daymer Corporation Planner: Allison Ochs 1. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant, Daymer Corporation, is requesting a major amendment to Special Development District No. 6, to allow for the conversion of accommodation units into employee housing units, and a conditional use permit to allow Type III employee housing units at the Vail.Village Inn. This is a temporary request to allow the applicant to utilize the property for employee housing until construction can begin on the redevelopment of the property which was approved in 2000. The property is zoned Special Development District No. 6, with an underlying zoning of Public Accommodation. According to Chapter 12-9A, a major amendment to a special development district is defined as: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW). Any proposal to change uses; increase gross residential floor area; change the number -of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-15-4, "Interior Conversions", or 12-15-5, "Gross Residential Floor Area (250 Ordinance)" of this Title. The elimination of accommodation units is considered a major amendment by this definition. In addition, Type III employee housing units are a conditional use in the Public Accommodation zone district. The applicant has requested a major amendment to Special Development District No. 6 and a conditional use permit for Type III employee housing units. The applicant is proposing no exterior modifications. Proiect Historv The following is a summary of the existing phases and development with the Vail Village Inn Special Development District: Phase I - This phase consists of the buildings located at the southeast corner of the District. Phase I includes one residential dwelling unit approximately 3,927 square feet in size and nine commercial/retail spaces. 1 Phase II - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase II is generally located in the center of the District. Phase III - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. Phase IV - This is the original and oldest Phase in the District. This' Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. When originally considering deviations from the underlying zoning in 1976, the Town Council found that such deviations were acceptable, as the community was to realize a substantial increase in the hotel bed base. An increase in short-term accommodations has been a long-standing objective of our resort community. In 2000, a major amendment to Special Development District No. 6 was approved to allow for the redevelopment of the Vail Village Inn. The executive summary of this approval is attached for reference. II. REVIEWING BOARD ROLES A. Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Plannina and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the following: • Permitted, accessory, and conditional uses • Recommendation on development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking • Evaluation of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. I 2 B. Relationship: Uses, activity and density which provide a r compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking- and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A- circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 1. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desian Review Board: Action: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 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 an SDD. The Town Council shall review the proposal for the following: • Permitted, accessory, and conditional uses 3 • Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking • Evaluation of design criteria as follows (as applicable): A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. ' F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall. aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 1. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Conditional Use Permit Plannina and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 4 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district • Lot area • Setbacks • Building Height • Density • GRFA • Site coverage • Landscape area • Parking and loading • Mitigation of development impacts Desian Review Board: Action: The DRB has NO review authority on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: • Architectural compatibility with other structures, the land and surroundings • Fitting buildings into landscape • Configuration of building and grading of a site which respects the topography • Removal/Preservation of trees and native vegetation • Adequate provision for snow storage on-site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • Circulation and access to a site including parking, and site distances • Location and design of satellite dishes • Provision of-outdoor lighting • The design of parks 5 Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. 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. 111. STAFF RECOMMENDATION A. MAJOR AMENDMENT TO THE SPECIAL DEVELOPMENT DISTRICT The Department of Community Development recommends the Planning and Environmental Commission recommend approval of the applicant's request for a recommendation to the Vail Town Council regarding a major amendment to Special Development District #6, to allow for the elimination of accommodation units and the addition of Type III employee housing units, subject to the following finding: That the proposed major amendment to Special Development District No. 6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That the approval of this major amendment to Special Development District . No. 6 shall not supercede any previous approvals for this special development district.. 2. That the Fire Marshal completes an inspection of the site prior to second reading of ordinance to ensure compliance with all applicable fire codes and safety provisions. B. CONDITIONAL USE PERMIT The Community Development Department . recommends approval of the applicant's request for a conditional use permit to allow for Type III employee housing units located at the Vail Village Inn, 100 E. Meadow Dr. / Lots M, N, and O, Block 5D, Vail Village 1" Filing, based on the following findings: 6 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated.or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. If the Planning and Environmental Commission chooses to approve this request, staff recommends the following conditions be placed on the approval: 1. That the conditional use permit to allow for Type III employee housing units shall expire on June 1, 2002. 2. That the applicant shall enter into written agreement with the Town of Vail in a form approved by the Town Attorney stating that these units shall be used for employee housing until such date that the conditional use permit expires. IV. ZONING / DEVELOPMENT STATISTICS Lot size: 3.45 acres or 150,282 sq. ft. (All Phases) Development Public Accommodation 2000 SDD Major 2001 SDD Major Standard Zonina Amendment Aooroval -Major Amendment Lot Area: 10,000 sq.ft min. 150,282 sq. ft. no change GRFA: up to 150% or 225,423 sq. ft. 121% or 181,719 sq. ft. no change Dwelling units per acre: 25 du/acre 13.0 du/acre 12.75 du/acre (AU/FFU/EHU unlimited) Employee Units unlimited 2 56 Site coverage: 65% or 97,683 sq. ft. 61 % or 92,036 sq. ft. no change Setbacks: front: 20' 16' no change sides: 20' 5', 2', & 0' no change rear: 20' 5' no change Parking: per T.O.V. Code Section 291 parking spaces no change Commercial sq. footage: 10% of allowable GRFA 25% of GRFA or 45,228 sq.. ft. no change or 22,542 sq. ft. 7 V. REVIEW CRITERIA FOR A MAJOR AMENDMENT TO SDD NO. 6 Title12, Chapter 9 of the Town Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The elimination of the existing accommodation units at the Vail Village Inn is considered a major amendment to Special Development District No. 6. As such, it is subject to the following review criteria: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no exterior changes proposed with this major amendment to Special Development District No. 6. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed use is to convert existing substandard accommodation units into Type III employee housing units. The underlying zoning of the property is Public Accommodation. Type III employee housing units are a conditional use in this zone district. The applicant is proposing to eliminate 76 accommodation units. 54 of these units will be converted to Type III employee housing units. The use has been discussed in Section VI of this memorandum. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town Code. Based on a site analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-10 of the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. 8 D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Conformance with the Vail Land Use Plan and Vail Village Master Plan has been discussed in Section VI of this memorandum. Because there are no exterior modifications proposed with this application, the Urban Design Plan is not applicable. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Town of Vail's Official Hazard Maps, there are no natural or geologic hazards present on the subject property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The existing approved site plan for the special development district would not be altered with this request. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. There is no change proposed to the existing approved circulation system for Special Development District No. 6. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. There is no change proposed to the existing landscape/open space plan for Special Development District No. 6. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This criterion is not applicable to this proposal. VI. REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development obiectives of the Town. Vail Land Use Plan The Vail Land Use Plan identifies the subject property as part of the Vail Village Master Plan. However, the Vail Land Use Plan identifies goals and objectives which staff believes to be applicable to this proposal. Staff believes this proposal would impact the following goals and policies identified in the Vail Land Use Plan; 9 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff Response Staff believes the proposed amendment would facilitate the location of employee housing units within the Town of Vail (a high Council priority) at an existing infill location. Staff believes affordable employee housing is essential for the provision of services that both residents and visitors expect. However, staff does not believe that this is an acceptable long-term use for this property. Staff believes that until the following goals of the Vail Land Use Plan outweigh the goals for the provision of employee housing at this location: 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Response Although the, conversion of any accommodation unit within Vail's core areas should be highly discouraged, staff believes the subject property may be an appropriate location for employee housing for a temporary and defined time period. The applicant has an approval in place to redevelop the property. However, construction has been temporarily postponed due to a pending lawsuit. The conversion of these accommodation units to Type III employee housing units will allow the property owner to use the property, to the benefit of the owner and the Town, until construction can commence. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with market place demands for a full range of housing types. 10 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff Response Staff believes this proposal furthers the above-listed goals by providing additional opportunities for locals/employee housing within the town limits at an existing infill location. 6.1 Services should keep pace with increased growth. Staff Response Staff believes the provision of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. Vail Village Master Plan The Vail Village Master Plan designates this property as "Medium/High Density Residential" and Mixed Use." According to the Vail Village Master Plan: Medium/High Density Residential: The overwhelming majority of the Village's lodge rooms and condominium units are located in this land use category. It is a goal of this Plan to maintain these areas as predominantly lodging oriented with retail development limited to small amounts of "accessory retail": Mixed Use: This category includes the "historic" Village core and properties near the pedestrianized streets of the Village. Lodging, retail, .and a limited amount of office use are found in this category. With nearly 270,000 sq. ft. of retail space and approximately 320 residential units, the mixed use character of these areas is a major factor in the appeal of Vail Village. The Vail Village Master Plan identifies the following goals and objectives which staff believes are applicable to this proposal: Goal: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective: Increase the number of residential units available for short term overnight accommodations. Policy: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities as part of any redevelopment of lodging properties. 11 Staff Resoonse Because this request is temporary in nature, staff believes that this proposal is not contrary to the goals and objectives of the Vail Village Master Plan. These accommodation units are currently substandard units and the staff believes that the use of these as employee housing is acceptable. The approved redevelopment of the Vail Village Inn is consistent with the above goals and objectives. Objective: Encourage the development of affordable housing units through the efforts of the private sector. Policy: Employee housing units may be required as part of any new of redevelopment project requesting density over that allowed by existing zoning. Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Staff Resoonse Staff believes that the utilization of the existing accommodation units as Type III . employee housing units, even as a temporary use, will further the above-listed objective to encourage the development of affordable housing units. 2. The effect of the use on liaht and air. distribution of ooaulation, transportation facilities, utilities. schools. Darks and recreation facilities. and other public facilities needs. As this request is temporary in nature, staff does not believe that there will be a permanent effect on the above-listed items. However, the change in use from accommodation units to employee housing units will significantly change the character of the property. 3. Effect upon traffic with Darticular reference to conaestion, automotive and Dedestrian safetv and convenience. traffic flow and control. access. maneuverabilitv. and removal of snow from the street and Darkina areas. Traffic Flow - According to ITE calculations, we should anticipate a 388% decrease in traffic generation based on the proposed uses. Additionally, staff anticipates.a high percentage of pedestrian trips as opposed to vehicular trips. Staff believes this proposal would have a positive impact on traffic flow in the area. Parking - Based on a site analysis, there are currently 82 parking spaces for this phase of the building. Chapter 12-10 of the Town Code requires 75.6 parking spaces for the employee housing units. In addition, Craig's Market requires 3.7 spaces. The total number of parking spaces required is 80 spaces. As proposed, the project meets the parking requirement. 4. Effect uoon the character of the area in which the oroDosed use is to be located. includina the scale and bulk of the Droposed use in relation to surroundina uses. 12 The applicant is not proposing any changes to the bulk, mass or location of the existing building. The adjacent uses include the existing Vail Village Inn Plaza, including commercial, lodging, and residential uses; 9 Vail Road, multiple-family residential dwellings; and the Vail Gateway, commercial and residential uses. Staff believes that given the mixed-use and residential character of the neighborhood, the proposed use of employee housing is acceptable. However, staff believes that this use should be limited to one year. B. FINDINGS The Plannina and Environmental Commission shall make the followina findinas before arantina a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 13 VAIL VILLAGE INN Village Inn Plaza Condominiums Description: The Vail Village Inn is no longer operating as a hotel. Due to the pending lawsuit we are. not able to move forward with the planned construction. Therefore we would like to put the property to some use. We would like to rent the rooms a monthly rental basis through the upcoming ski season. Should the lawsuit be settled and we are able to move forward with the planned construction we would discontinue the rentals. We are renting the rooms at a very reasonable rate of $300 to $600 dollars per month. 90% of the units fall in the $300 to $400 dollar range. The Landlord pays utilities. Parking is provided. NO pets are allowed. The monthly rent is based on one (1) person per room. Other Points: • We will be providing very affordable housing within Vail Village. • The VVI is made up of 76 hotel rooms. • 10 are out-of-order or NOT Rentable. • 54 units have been rented. (81% of the 66 rentable units.) We have held back the balance of the units until we receive a variance in the zoning. Should we not receive a variance in the zoning we will serve the current tenants with a 30-day cancellation of their lease notice. Residents are moving in from the first of October through the first of December. Sincerely, Vail Village Inn Connie H. Dorsey General Manager 100 East Meadow Drive Vail, Colorado 81657 .(970) 476-5622 FAX (970) 476-4661 ® P'1- on ...Y, W P'P.r Executive Summary of Redevelopment of the Vail Village Inn The applicant, Daymer Corporation, represented by Jay Peterson, has submitted two development review applications to the Town of Vail Community Development. The first application is a request for a final review and recommendation of a proposed a major amendment, pursuant to Chapter 9 of the Town of Vail Zoning Regulation, to Special Development District No. 6, Vail Village Inn. The second request is for a conditional use permit to allow for the operation of a fractional fee club. The purpose of the major amendment is to amend the approved development plan to allow for the construction of the Vail Plaza Hotel in Phase IV of the District. The applicant is proposing significant improvements to Phase IV of the Vail Village Inn Special Development District. The existing hotel and restaurant are proposed to be demolished to allow for the new construction of the Vail Plaza Hotel. The hotel is intended to be a mixed-use development including residential, commercial and recreational uses. The applicant is proposing to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units (38 beds) and 1 free-market condominium. The fractional fee club units are considered part-time, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. The approximate total gross square footage of the new hotel is 379,857 square feet. The following is an approximate square footage breakdown of the various uses within the hotel: 62,816 sq. ft. - fractional fee club units 5,499 sq. ft. - condominium 35,818 sq. ft. - accommodation units 6,332 sq. ft. - employee housing units 8,375 sq. ft. - restaurant/retail 15,130 sq. ft. - conference/meeting rooms 24,817 sq. ft. - spa/health club •3 221,070 sq. ft. - common area (mechanical, maid closets, stairs/hallways, parking, office, lobby, etc.) 379,857 sq. ft. gross building square footage The second application submitted for review is for a conditional use permit to allow for the operation of a fractional fee club in the Public Accommodation zone district. The granting of a conditional use permit by the Town of Vail would allow the applicant to operate 50 fractional fee club units within the Vail Plaza Hotel. The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months with the remaining 28 weeks owned by the hotel for use as short-term accommodations units. It is believed by the applicant that this sales structure will maximize the occupancy of the units and optimize the availability of the units for marketing the conference facility of the hotel during the summer months and shoulder seasons. To further improve occupancy potential of the fractional fee club, the 50 club units have been designed to include up to two "lock-off" spaces per unit. This design creates a total of 108 "keys" and 216 "pillows" for the fractional fee club component of the hotel (1 key = 1 room). r-- Y ORDINANCE NO. 32 SERIES OF 2001 AN ORDINANCE AMENDING THE APPROVED USES OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONVERSION OF ACCOMMODATION UNITS INTO TYPE III EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to approved uses of Special Development Districts to eliminate accommodation units and to change uses; and WHEREAS, Daymer Corporation, the owner of the Vail Village Inn, Phase IV; has submitted an application for a major amendment to Special Development District No. 6 to convert accommodation units into Type III Employee Housing Units; and WHEREAS, the purpose of this ordinance is to amend the approved uses for Special Development District No. 6, to allow for the conversion of accommodation units into Type III Employee Housing Units; and WHEREAS, this major amendment to Special Development District No. 6 shall not supercede any previous approvals for Special Development District No. 6; 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, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application on November 12, 2001; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and 1 r . ~y WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the approved uses for Special Development District No. 6, Vail Village Inn; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed major amendment to Special Development District No. 6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 32, Series of 2001, is to amend the approved uses for Special Development District No. 6, Vail Village Inn, Phase IV. The approved development plans and uses for Phases I, Il, III, & V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the uses for Phase IV are hereby amended and adopted. This ordinance shall not supercede any previous approvals for the redevelopment of Phase IV of the Vail Village Inn. The purpose of Ordinance No. 32, Series of 2001, is to eliminate 74 accommodation units and to add 56 Type III Employee Housing Units until June 1, 2002. Section 2. Amendment Procedures Fulfilled. Plannina Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission of approval for a major amendment to the approved uses for Special Development District No. 6, Vail Village Inn. Requests for amendments to Special Development 2 District No. 6 shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 6 The Special Development District and the Major Amendment to the approved uses are established 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. Special Development District No. 6 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 Public Accommodation zone district requirements. Section 4. Chanae in Use - Special Development District No. 6, Vail Village Inn, Phase IV The seventy-four (74) accommodation units located in the Vail Village Inn, Phase IV, shall be eliminated. No more than fifty-six (56) Type III employee Housing Units shall be allowed. The Type III Employee Housing Units shall be allowed through a conditional use permit which shall expire on June 1, 2002. If, after such date, the owner wishes to continue such use, the owner must apply to the Town of Vail for a conditional use permit. After June 1, 20021 if construction does not commence on the redevelopment of Phase IV of the Vail Village Inn as approved in Ordinance 21, Series of 2001, and no new conditional use permit is approved, the use of the fifty- six (56) Type III Employee Housing Units shall discontinue and the use shall revert to the approved uses of Special Development District No. 6. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3 Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 20th day of November, 2001, and a public hearing for second reading of this Ordinance set for the 41h day of December, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 TOWN OF VAIL FORWARD REFUNDING SAVINGS ANALYSIS GENERAL OBLIGATION BONDS Total Average Principal Interest Debt Service Interest Rate Outstanding Series 1992 Bonds $3,150,000 $448,500 $3,598,500 6.00% Proposed Series 2002 Bonds $3,360,000 $170,341 (1) $3,530,341 2.82% Difference ($210,000) $278,159 $68,159 3.18% SALES TAX REVENUE BONDS Total Average Principal Interest Debt Service Interest Rate Outstanding Series 1992 Bonds $5,310,000 $1,859,506 $7,169,506 6.11% Proposed Series 2002 Bonds $5,680,000 $1,178,403 (1) $6,858,403 3.95% Difference ($370,000) $681,103 $311,103 2.16% (1) Interest on Refunding Bonds less interest earnings received on escrow account from 9/3/02 through 12/1/02 @ 3%. MEMORANDUM TO: Vail Town Council FROM: Bob McLaurin, Town Manager RE: Town Manager's Report DATE: November 20, 2001 Meetinq and Aqenda Chanqes In accordance with the Council's discussion earlier this week, we have begun to make changes to the meeting schedule. Specifically, there will be no work session on November 27t". The next Council work session will be held on Tuesday, December 4t". The start time is scheduled for 2:00 p.m., but may be later depending on the specific agenda items. Additionally, we have made one change to the agenda. In consultation with and at the direction of the Mayor, we have modified the agenda items "Council Reports" and "Other" into a single item. This item is called "Matters from Mayor and Council". This item is an opportunity for Council members to report on any items of interest, express concerns, etc. It is hoped this will help Council meetings run more efficiently. Paid Winter Parkinq Paid parking was scheduled to begin on November 16th. Because the ski area is not opening, our schedule will slide as well. At this point, paid parking will begin when both the Lionshead and Vail Village portals are open. Town Manaqer's Schedule I will be out of town from November 17th until November 25t". I will be checking Email and voice mail several times a day. If you need anything in my absence please leave me a message or call Pam or Mary. Thanks. Red Sandstone Athletic Field Assuming the weather holds for the next week or so, the following is the schedule for the remainder of this year: Saturday, Nov 10 - irrigation system complete Tuesday, Nov 13 - cut and fill slopes seeded and mulched Wednesday, Nov 14 - Nov 16 spreading and tilling topsoil and amendments Friday, Nov 16 - site clean and equipment off site for season The fence material is on backorder but should be delivered in 3 to 4 weeks. The fence contractor plans to install the fence before Christmas. Next Spring: The field contractor will fine grade the field, irrigation heads will be installed, and the sod will be installed. This should all take about a week to ten days. Because the field faces south, this could occur as early as late April. Once the sod establishes, the final re-vegetation work will be installed, probably in June. This is also about a week's worth of work. While it would be great to have turf for the kids in the spring, we'll have to see what the weather is like. Fortunately, they will be able to use the fields through this winter and by next fall will have full access to the completed field. UPCOMING ITEMS: December 4, 2001, Work Session Ford Park Managed Parking PEC Interviews December 4, 2001, Eveninq Meetinq Ford Park Managed Parking Colorado Wilderness Act of 2001 2nd Reading of Ordinance #32, SDD #6, Vail Village Inn PEC Appointment Property Tax Ordinance Supplemental Appropriation #3 Ordinance 457 Resolution December 18, 2001, Work Session VRD Quarterly Meeting December 18, 2001, Eveninq Meetinq Newspaper Bids The Town of Vail Art in Public Places Program The Town of Vail, Art in Public Places Program seeks to commission nine artists to paint an equal number of electrical transformers and utility boxes of various sizes with an original design or work of art. The artwork should in some way relate to the history or beauty of Vail. Artists must begin work on Saturday, July 13th and complete the commission by July 31, 2002. Artwork should not interfere with access or usefulness of the boxes. Only paint may be applied and it should be of a type developed specifically for use on metal, suitable for outdoor conditions, longwearing and shall be applied over a base coat of paint. The artist must apply two coats of clear polyurethane to seal the artwork. The overall project budget is $4525. Cash awards to artist between $300- $600 will be available and must cover all expenses including materials and transportation. The competition is open to all artists' 18 years of age or older residing in Eagle County. The deadline for application is February 8, 2002. Finalists will be chosen by February 22, 2001. Applications should include 1. A completed application 2. A current resume. 3. A drawing or painting which represents what you intend to paint on the transformer box. Up to two drawings or paintings may be submitted. Applications must be received no later than February 8, 2002 For further information including an application form and map showing the location of the transformer boxes please call Leslie Fickling 970-479-2344 or send a 9' x 12" self addressed stamped envelope to AIPP, 1309 Elkhorn Dr. Vail, CO or see our web site at www.ci.vail.co.us. CALL TO ARTISTS Pedestrian Bridge Vail, Colorado Art in Public Places Program The Town of Vail intends to replace the pedestrian bridge at Gore Creek promenade in spring 2002. The bridge is one of two pedestrian bridges in Vail and a prime viewing spot for the newly constructed Whitewater Park. It is envisioned that in future the bridge might be a venue for corporate hospitality connected with whitewater sporting events. The existing bridge will be demolished and replaced with a new concrete structure. The Site The new bridge will occupy the same site as the existing and will cross Gore Creek at an angle. Gore Creek promenade includes open space on the banks of the creek which is sometimes the site for small free concerts or exhibition tents for special events such as October Feast. Shops, restaurants and apartments look onto Gore Creek and the bridge. The Art Project The Town of Vail Art in Public Places program seeks an artist or craftsman to design, fabricate and install railings for the bridge and adjacent areas as outlined on the enclosed map. Materials must have the strength to meet safety and loading requirements. The artist will work closely with the project engineer to ensure the design meets this requirement. Materials should be non-corrosive and resistant to theft, vandalism and weathering. and shall not require excessive maintenance The railings should not create inordinate safety problems or liability problems for the general public or Town of Vail. Dates: Applications due January 25, 2002 Budget: The budget for the artwork is $34,000 including design, installation, documentation and any other related expenses. Theme Works of art should be compatible in style, scale, material, form and content with the surroundings and should form an overall relationship with the site. Materials Appropriate materials are the full range of durable and non-corrosive materials such as metal, glass, plastics, fiberglass, industrial mesh tubing etc. Artists are encouraged to explore a strong and varied palette. However, the railings should be of a transparent nature and not detract from the view of the Whitewater Park or the view corridors afforded by the location... The bridge will be subject to snow 1 f' removal and railings should be impervious to damage by snow removal equipment. Materials should be ones that can not be rubbed off. Eligibility All professional artists and craftsmen, eighteen years of age or older may apply. Selection Criteria 1. Quality and innovation of art work 2. Ability to address the project with sensitivity to the site and utility of the rails 3. Desire or experience working on a project with a high lever of community involvement. Estimated Time Line Deadline for applications .................January 25, 2002 Jury meets February 1, 2002 Artist Notified February 4, 2002 Installation Complete ................April - May, 2002 but no later than July 1, 2002 Please note that installation will be dependent on weather conditions and date when contractor can begin and finish work. Selection process A jury comprised of individuals.as prescribed by the Town of Vail AIPP guidelines will select the artist. The artist will be paid a 10% retainer to develop his/her concept to a point where it can be approved by the project engineer, AIPP board and Town Council. Application must include: Letter of interest The cover letter is limited to one 8 '/Z x 11 sheet of paper. You may respond to the project announcement or state your approach to the project and your concept. Sketch In order to expedite the selection process a sketch of your concept for the railings should be included with the application. The concept can be further refined, if necessary, during the next phase of the project. Professional Resume Include your address and daytime telephone number on your resume. Limit 3 pages. Up to ten slides Submit applicable work labeled in ink with artist name, title of work, date and identification number corresponding to the slide identification sheet. Please identify the top of the slide with an arrow or place a dot in the lower left-hand corner of the slide so the piece may be shown appropriately. Submit slides in a 9" x 11" clear plastic slide file sheet. All slides should be 35mm in 2" x 2" paper or plastic mounts. If your work cannot be adequately documented with slides, please contact the public art program to discuss appropriate alternative documentation for review. Applicants applying as a team may include up to sixteen slides per team. Corresponding Slide Sheet Information on the slide identification sheet must include title, date of completion,. materials, size, budget or purchase price and any other relevant information regarding the artwork. Self-addressed, stamped envelope (SASE) Include a SASE of at least 5"x 7" for the safe return of slides. Written materials will not be returned. Please do not use folders, staples, or paperclips to bind materials submitted for application. Oversized materials or models will not be accepted. Please submit all written materials on single-sided white, 81/2" x 11" paper so they may be clearly photocopied for the panel. Complete application packages must be received on or before January 25, 2002. If you choose to hand deliver your application it must be received at the Town offices no later than 5:00 p.m. on January 25, 2002. Late or incomplete applications will not be accepted and will be returned. The Art in Public Places Program is not responsible for applications lost in transit. While all reasonable care will be taken in the handling of materials, the AIPP program is not liable for lost or damaged materials. Materials should be delivered to: Town of Vail AIPP 1309 Elkhorn Drive Vail, CO 81657 For more information You may access this prospectus online at htta://www.ci.vail.co.us If you have questions about this project or the program please contact Leslie Fickling at 970- 479-2344 or Ifickling@ci.vail.co.us 0 j O N CO edge eStC~a ' - - ed a P 5~, o i i Notes: 1. All diminsions are approximate and should be field verified prior to S i railing fabrication. 2. Railing attachment on the bridge sections and other sections will vary and should be determined a prior to fabrication. i Gore Creek Promenade { Pedestrian Bridge Railing Layout Vail, Colorado a r-YICC.I_ TOWN OF PAIL Department of Public Works & Transportation 1309 Elkhorn Drive Vail, Colorado 81657 970-479-2158 Fax: 970-479-2166 www ci. vail. co. us November 19, 2001 Mr. Jim Nall Region 3 Traffic Engineer Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction CO 81501 Re: Vail 1-70 Noise Dear Jim, The Town of Vail has been studying the effects of 1-70 with regard to noise within Vail for the past year. The current corridor exceeds the FHWA limit for noise. Enclosed is a copy of our report. Knowing any type of permanent solution is a ways off and requires substantial resources, we are concentrating on more short term solutions. The following are our request to address 1-70 noise in the short term: • A reduction of the current speed limit of 65 mph within the town limit (MM 182-MM 172). • The restriction of the use of engine brakes on 1-70, within the town limits. Understanding there is a concern for safety which we share, we request to begin the restriction at~ MM 181.6, the location where the 45 mph restricted speed limit off of Vail pass is lifted. This occurs in Region 1. This letter is copied to Pam Hutton, as well with regard to the same request to be considered in Region. 1. • The third item is to conduct an experiment using Type 4 barriers to limit the effects of tire generated noise. We would like to place temporary Type 4 barriers along both an uphill (WB) and downhill (EB) section of 1-70. These temporary installations would be placed on the existing pavement width for a length of up to 1000'. This requires a reduction of the paved shoulder during the experiment. The temporary barriers would be placed in accordance with the MUTCD and CDOT design standards. The locations we are interested in are EB MM 172.2-172.7, and MM 173.6-174.1, WB 174.1-173.6 and 173.1-172.9. 1 hope we can find a suitable location within these parameters RECYCLEDPAPER We will monitor the results both before and after. If favorable results are obtained we would request permanent barriers replace existing Type 3 barrier and install additional barriers per required design standards in those locations the Town of Vail has discussed the issue of vehicles leaving mainline 1-70 and impacting the frontage roads in Vail. Thank you for assisting us with our short-term solutions. We look forward to hearing from you. Sincerely eg HIV Director of Public Works and Transportation CC: Pam Hutton, Owen Leonard, Jeff Kullman, Bob McLaurin