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HomeMy WebLinkAbout2002-04-02 Support Documentation Town Council Work SessionVAIL TOWN COUNCIL WORK SESSION Tuesday, April 2, 2002 3:00 P.M. NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. REGULAR QUARTERLY MEETING OF THE VAIL LOCAL MARKETING DISTRICT (VLMD) WITH THE VAIL TOWN COUNCIL SITTING AS THE BOARD OF DIRECTORS FOR THE VLMD. (1 HR.) It has come to staffs attention that C.R.S. 29-25-111 General powers of district. (1)(g) as to appointment of the advisory council has not been followed. The actual language in paragraph (g) reads: "To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof." To meet this criterium as "owners of property," Council should do the following: 1) Unappoint those members of the Advisory Council who do not own property within the district. They are: Ross Boyle Bob Batchelor Chris Jarnot Bill O'Connell Steve Rosenthal THEN: 2) Allow the current sitting members of the Advisory Council to "hire" or allow to "act as consultants" to the Advisory Council, past members through their term expiration dates. This assumes the former sitting members will be comfortable sitting as non-voting members of the Advisory Council. As an example; Ross Boyle could be named Chairman Emeritus to continue as facilitator of the VLMDAC. 3) The law allows entities that own property within the district to designate a representative; thus Vail Resorts, Inc., could appoint Chris Jarnot as their voting designee. The Council must first appoint VRI as a sitting member to the VLMDAC and VRI, in turn, would then appoint their designee. OR: 4) Use this opportunity to restructure the Advisory Council through advertisement of positions available (please see past Public Notice, which would now include the requirement for "owner of property" within the boundaries of the district). ------------------------------------------------------------------ ------------------------------------------------------------------ 1. George Ruther ITEM/TOPIC: Ord. #5, Amendment to SDD#35, Platzl Amendment. Discussion only. (15 min.) 2. DRB/PEC Report (15 min.) 3. Information Update. (5 min.) 4. Matters from Mayor and Council. (5 min.) 5. Executive Session Property Acquisition & Litigation F: mcaster/agendas/tc/2002/040202ws (C.R.S. 24-6-402(4)(a) (30 min.) 6. Adjournment. (4:50 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, APRIL 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, APRIL 16, 2002, 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. F: master/agendas/ws/040202 PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail is accepting applications for one vacant position which exists on the Vail Local Marketing District Advisory Board (VLMDAB). Applicants must be residents of Vail. The mission of the VLMDAB is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. The VLMDAB general meetings are currently the third Thursday of every month at 7:30 A.M. Members are also required to attend one additional meeting per month and participate on a working committee. On Tuesday, July 11, 2000, applicants will be interviewed at the Town Council .afternoon work session, with a final selection being made at the July 11, 2000, evening council meeting. Letters of introduction, including history, background, education and qualifications, should be addressed to the Vail Town Council, Attn. Lorelei Donaldson, Town Clerk, 75 S. Frontage Road, Vail, CO 81657. Deadline for application is 5:00 p.m., Wednesday, July 5, 2000. For more information contact Vail .Local Marketing District Board Chairman, Ross Boyle, at 479-9164. Town of Vail Lorelei Donaldson, Town Clerk Published in THE VAIL TRAIL, June 16, 23, 30, 2000 F:\T WNCLERK\ W PFILES\BOARDS\VLMDAB00 d ~/ / Miry Caster - VLMDAC BOARD 2000.D0 ~` ~ Page 1 -~ _ ff ~ ~ ..... ...~ _ . ~- --- - --- _ - - - VAIL LOCAL MARKETING DISTRICT ADVISORY COUNCIL Ross Boyle -Chairman 2211 Vermont Court Vail, CO 81657 Phone:479-9164 Fax: 479-0376 E-Mail: gsoboyle@vail.net Greg Moffet (Vail Town Council) Tiga Advertsiing, Inc. P. 0. Box 268 Vail, CO 81657 Phone:476-8528 Fax: 476-2012 E-Mail :greg@busad.com ~~Q Bob Batchelor P. O. Box 2543 Vail, CO 81658 Phone:476-8449 Cell: 376-5005 Fax: 845-0298 E-Mail:bob@vail-portal.com Kenny Friedman U~Q~ ~'~ Kenny's Double Diamond Ski Shop P. O. Box 1110 Vail, CO 81658 Phone:476-5500 Fax: 476-9176 E-Mail: skivail@kennys.com Chris Jarnot Vail Resorts Inc. P. O. Box 7 Vail, CO 81658 Phone:479-3030 Fax: 479-3035 E-Mail: chrisj@vailresorts.com Sally Hanlon VG,t~Q-~~ ~canuv' Vail Village Travel 100 E. Meadow Dr., Ste. 20 Vail, CO 81657 Phone:476-1487 Fax: 479-9250 E-Mail: vvtravel@vail.net Bill O'Connell H&B Mountain Hospitality P. O. Box 1774 Vail, CO 81658 Phone:476-3016 Fax: 476-3552 E-Mail: hbmh@vail.net Steve Rosenthal Colorado Footwear 183 East Gore Creek Drive Vail, CO 81657 Phone:476-3130 Fax: 476-2668 Bob Llewellyn V~' ~~~ ~N 1220 Lions Ridge Loop #3C Vail, CO 81657 Phone: 476-8812 Cell: 390-5566 E-Mail: vailllew@aol.com Beth Slifer V~ Qr`6'Qf~ ~~ Slifer Designs v P. 0. Box 1409 Edwards, CO 81632 Phone: 926-8200 Fax: 926-8220 E-Mail: beth@sliferdesigns.com ~~~,. Pam Stenmark V ~ Q~'a ~~'~ Frank Johnson (Staff) ~lu.(i(~ ~ Evergreen Lodge VVTCB ~~-'"(! 250 S. Frontage Road West 100 E. Meadow Drive, Suite 34 Vail, CO 81657 Vail, CO 81657 Phone:476-7810 Phone:476-1000, x3008 Fax: 476-4504 Fax: 476-6008 E-Mail: pamela2875@earthlink.net E-Mail: frank@visitvailvalley.com -25-109 Government -Local 214 (4) When the governing body of a local government establishes a board of directors pursuant to paragraph (b), (c), or (d) of subsection (1) of this section, it may set such con- ditions, limitations, procedures, duties, and powers under which the board shall conduct its business. Such conditions and limitations may be in the form of a binding contract on both the governing body and the board and may include provisions requiring the dissolution of the board after a specified length of time, at which time the governing body of the munici- pality shall assume all powers and duties of the district, including the payment of any out- standing indebtedness. Source: L. 98: Entire article added, p. 1084, § 1, effective September 1. 29-25-109. Meetings. Upon notice to each member of the board, the-board shall hold meetings which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article 6 of title 24, C.R:S. The board shall act by resolution or motion. Source: L. 98: Entire article added, p. 1086, § 1, effective September 1. 29-25-110. Approval of actions by local government or members of combination. No district created under the provisions of.this article shall levy a marketing and promotion tax or provide services unless the local government or each member of the combination has approved an operating plan for the district. The operating plan shall specifically identify the services to be provided by the district, any marketing and promotion tax to be imposed by the district, and such additional information as required. The district shall file an operating plan and its proposed budget for the next fiscal year with the clerk of the local government or each member of the combination no later than September 30 of each year. All of the business records of the district shall be considered public records, as defined in section 24- 72-202 (6), C.R.S., and shall promptly be made available upon request. For the purposes of this section, the business records of the district shall not include the business records of the owners of property in the district. The local government or the members of the combina- tion may require the district to supplement the district's operating plan or budget where necessary. The local government or each member of the combination shall approve or dis- approve the operating plan within thirty days after receipt of such operating plan and all requested documentation relating thereto, but not later than December 5 of the year in which such documents are filed. Thereafter, the services and financial arrangements of the district shall conform so far as practicable to the operating plan. The operating plan may, from time to time, be amended by the district with the approval of the local government or each member of the combination in substantially the same manner as the process for for- mulating the operating plan for each year. Any material departure from the operating plan, as originally approved or amended from time to time, may be enjoined by an order of the local government filed with the board. Source: L. 98: Entire article added, p. 1086, § 1, effective September 1. 29-25-111. General powers of district. (1) The district has the following powers, except as limited by the operating plan: (a) To have perpetual existence; (b) To have and use a corporate seal; (c) To sue and be sued and be a party to suits, actions, and proceedings; (d) To enter into contracts and agreements, except as otherwise provided in this article, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities; (e) (I) To provide any of the following services within the district: (A) Organization, promotion, marketing, and management of public events; ~n~ e,-t;.ritivc ;., c„nn~rt of business recruitment; management, and development; 215 Local Marketing Districts 29-25-113 (f) To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein; .~.~) . ~ ~~.~~1 advisory Ord p~ :q~'~c~°pfcr'<tx,~9ricE~tin ilt~ l~dari~s ol~!Che Jist~ict and ~ravide fir thg cluti~s ;and ~ctivrts'titere~,- (h) To }lyre .;mployees or retain agents, engineers, consultants, attorneys, and accoun- tants; (i) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the local government affected for carrying on the business, objec- tives, and affairs of the board and of the district; and-. (j) To exercise all rights and powers necessary or incidental to or implied from the spe- cific powers granted in this article. Such specific powers shall not be considered as a limita- tion upon any power necessary or appropriate to carry out the purposes and intent of this article. Source: L. 98: En[ire article added, p. 1087, § 1, effective September 1. 29-25-112. Power to levy marketing and promotion tax. (1) (a) In addition to any other means of providing revenue for a district, the board has the power within the district to levy a marketing and promotion tax on the purchase price paid or charged. to persons for rooms or accommodations as included in the definition of "sale" in section 39-26-102 (11), C.R.S. Such tax shall be specified in the petition organizing the district under section 29-25- 105. No such tax shall take effect unless approved by a majority~of the eligible electors vot- ing thereon at a -general election or a special election called for such purpose. Elections 'held pursuant to this section shall be conducted in substantially the same manner as munic- ipal or county elections and in accordance with the provisions of section 20 of article X of the state constitution. The municipal or county clerk and recorder of each local government in which the election is conducted shall assist the district in conducting the election. The district shall pay the costs incurred by' each- local government in conducting such an elec- tion. No moneys of the district may be used to urge or oppose passage of an election required under this section. (b) (I) The marketing and promotion tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106. (II) The department of revenue shall perform, on an annual basis, an analysis to deter- mine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer who shall credit the same to the general fund and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement. (2) Any person or entity providing rooms or accommodations as included in the defin- ition of "sale" referred to in paragraph (a) of subsection (1) of this section shall be liable and responsible for the payment of an amount equivalent to a percentage rate set by the board of all such sales made and shall quarterly, unless otherwise provided by law, {Hake a return to the executive director of the department of revenue for the preceding tax-report- ing period and remit an amount equivalent to such percentage rate on such sales to said executive director. Source: L. 98: Entire article added, p. 1088, § 1, effective September 1. 29-25-113. Inclusion or exclusion -petition -notice -hearing. (1) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges what- soever, nor shall it affect or impair or discharge any contract, obligation, lien, or charge for ORDINANCE NO. 5 Series of 2002 AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its March 25, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE .TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in /additions are shown in bold) SECTION 5 J. Uses -The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail . SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the Ordinance No. 5, Series 2002 kitchen or restaurant area of the Platz'I. 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'I Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator, dated February 5, 2002, as may be amended. NOTE: All other conditions of approval shall remain unchanged. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof,. any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 5, Series 2002 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of April, 2002 and a public hearing for second reading of this Ordinance set for the 16th day of April, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of April, 2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series 2002 3 L MEMORANDUM TO: .Planning and Environmental Commission FROM: Department of Community Development DATE: March 11, 2002 SUBJECT: A request for a Major Amendment to Special Development District #35, Austria Haus, to amend an existing condition of approval prohibiting the operation of restaurants vyithin the special development district, and setting forth details in regard thereto, located at 242 E. Meadow Drive/Part of Tract B, Block 5B, Vail Village 1St Filing. Applicant: Johannes Faessler Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, Johnannes Faessler, as the owner of the property and on behalf of Sterling Bradbrook, the operator of Platz'I, is requesting a major amendment to Special Development District #35, Austria Haus, to remove a condition of approval prohibiting the operation of restaurants within the special development district. The_request to remove the condition of approval prohibiting the operation of restaurants is intended to facilitate the use of Platz'I as a restaurant in addition to the existing bar use. As the operator of the Platz'I, Mr. Bradbrook intends to offer breakfast, lunch and apres ski menus to his customers. The expressed hours of restaurant operation are to be from 7 am until 8 pm, seven days a week. The bar remains open for operation until 2 am each morning. The restaurant equipment that is required for the operation includes waffle irons, pannini grills, toasters, microwaves, crock pots and coffee making equipment. According to the Town of Vail Environmental Health Coordinator, Steve Calamaris, the use and operation of this equipment does not require the installation of commercial grade ventilation and exhaust hoods. Therefore, concerns of noise and odors outside of the building will be eliminated. The storage of all dry goods and refrigerated items is accommodated onsite, either within the restaurant or within the storage room located in the basement of the building: Deliveries to the bar and restaurant of supplies and goods is provided via the loading and delivery berths required at the Austria Haus or the loading and delivery spaces in front of the IV~ountain Haus.. Deliveries are scheduled on a rotating basis that come every 2-4 days. The storage and removal of trash is provided through the normal operations of __ the building. Trash removal for the building occurs 3 times per week during the busy- seasons and 1 time per week in the off-season. It is not anticipated that the operation of Platz'I as a restaurant will cause an increase in trash removal. ~. TOWN OF PAIL ~ 1 A copy of the applicant's submittal letter, menu, and health department approval letter have been attached for reference. II. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council of the proposed major amendment to Special Development District #35, Austria Haus. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section III of this memorandum and the evidence presented on this application. Should the Planning & Environmental Commission choose to recommend approval of the proposed major amendment staff recommends that the following finding be incorporated into a motion: That the proposed major amendment to Special Development District #35, Austria Haus, amending the conditions of approval by removing the condition prohibiting the operation of a restaurant within the special development district, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 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: That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the Platz'I. 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'I Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator, dated February 5, 2002, as may be amended. III. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing 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 fora 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." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a 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. IV. CRITERIA FOR REVIEW 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. The applicant is not proposing any changes to the exterior of the Platz'I. Therefore, staff does not believe that this criteria is relevant to this application. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Special Development District #35 was approved by the Town of Vail in 1997, pursuant to Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the Town of Vail, the underlying zoning of the Austria Haus development site is Public Accommodation. Pursuant to Title 12, Chapter 7 of the Vail- Town Code, the purpose of the Public Accommodation Zone District is: to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor-oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the District. Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states, The following uses shall be permitted in the PA District: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas maybe located on an outdoor deck, porch, or terrace. In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the Austria Haus Special Development District. During the public hearing review process the owners at the Village Center Condominiums expressed a concern regarding the correlation between the number of loading and delivery vehicle trips and restaurant facilities. Specifically, the neighbors were concerned with the negative impacts (noise, odor, aesthetics, etc.) associated with loading and delivery operations outside their windows and believed that one way of mitigating those impacts was to minimize the number of vehicles trips by reducing trip generating uses (i.e. restaurants). In responding to the concern, the applicant agreed to place adeed-restriction or covenant restricting the current and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Adeed-restriction has been recorded with the Eagle County Clerk & Recorder's Office. The Austria Haus has been in operation since November of 1998. In that time the building has operated in accordance with the terms of the Town's approval. Staff contacted Johannes Faessler to acquire information on the loading and delivery trends of the building. According to Mr. Faessler, trash removal is provided 3 times per week during the busy seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as a result of the restaurant operation. 4 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The Austria Haus development complies with the parking and loading requirements established for the site. The proposed major amendment has no impact on the parking requirement for the property as the parking generation rates outlined in Section 12-10 of the Vail Town Code include restaurant uses under the designation of eating & drinking establishments. The loading and delivery requirements of the Austria Haus have also been met. Like the parking generation rates, the loading and delivery rate requirements fora "lodge" includes all the uses within the building. Therefore, the loading and delivery requirement has already been satisfied per the land use regulations. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. 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 Official Town of Vail Geologic Hazard Maps, the Austria Haus development site is not located in any geologically sensitive areas or within the 100-year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The applicant is not proposing any changes to the exterior of the Platz'I. Therefore, staff does not believe that this criteria is relevant td this application. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The. applicant is not proposing any changes to the exterior of the Platz'I. Therefore, staff does not believe that this criteria is relevant to this application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is not proposing any changes to the exterior of the Platz'I. Therefore, staff does not believe that this criteria is relevant to this application. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is not proposing any changes to the exterior of the Platz'I. Therefore, staff does not believe that this criteria is relevant to this application. To Whom It May Concern: The Platz'1 currently is offering a breakfast, lunch, and apses' menu to our customers. Although our menu is limited, we believe that we have found a Hitch on Bridge Street that no one is currently filling. It is a concept that we have been researching for over a year, and executed it only two months ago. In this time a local clientele has been built, and our customs seem to be very pleased with the product that we are offering to them. It is our goal to work with you, the Vail town council, and continue operating with the same menu, and in doing so, meeting the standards that you uphold. Store Hours: lam-tam Kitchen Hours: lam-8pm Equipment: 2 Commercial Waffle Irons 1 Commercial Paiuiini Grill 1 Double Toaster 2 Commercial Microwaves 2 Crock Pots 1 Commercial Coffee Grinder 2 Commercial Coffee Makers Storage: All of our products are either dry goods or refrigerated items. We keep all refrigerated products stored in a double sized refrigerator and kept at 37.9 degrees. All of our dry goods are kept either on shelves in our kitchen, or in oL~r storage room in the basement. No food item is ever stored on the floor and is away from any area where spills or drips may occur. Due to the limited space, we can only purchase in small amounts, therefore rotating our stock every 2-4 days. Although this makes for continual ordering from our distributors, it is a benefit to our customers as they are served only the freshest products. Layout: We have one sink in the kitchen that is to be used as a hand sii~lc only. We wash all dishes at the 3 dish sink that is located behind the bar. Otu egg plates and waffles are served on plates. Our granola, chili, and artichoke dip are served in bowls. All other items are presented in baskets with deli wrap inserts. We have three commercial metal tables that all of our food is prepared upon. Our parmini grill and waffle irons are encased with a metal that greatly limits the amount of heat that is emitted, and the metal tables eliminate any danger of f re. Both the waffle iron and the grill rarely have any scent that enters into the restaurant area, and the microwaves never give off any scent. Distributors: Alliant: Provides us with all of our products aside from the following: Alpenrose: Bread Artisan: Psalteries and Bagels Big Train Chai: Chai Carbon's Malted Waffle: Waffle Mix Grammy's Jain: Jam Maple Groves of Vermont: Maple Syrup McCullagh Juiceabies Supplies: Smoothie Mix The Republic of Tea: Tea Vail Mountain Coffee Roasters: Coffee Preparation: Bagel: Cut in half, toasted Cream cheese, jam or butter all are kept in refrigerator 241us Breakfast Sandwich: 2 Eggs, splash of milk cooked for 2 minutes in the microwave, choice of meat and cheese (all stored in trays on ice and kept cold) Cooked egg goes on bagel with meat and cheese and microwaved for additional minute. Granola and Yogurt: Granola and Yogurt from refrigerator placed on top Assorted Oahneal: 1/z cup milk, '/2 cup water microwaved Waffle: Mix with chosen fruit and placed in iron for 3 nvnutes. (All mix is prepared in the morning and kept in refrigerator or on ice, all fruit kept in refrigerator or kept on ice) Pastries and Bagels: All kept on counter behind pastry case Grandma's Spicy Chili: kept warm in crock pot (if not finished in the eveivng, what is left is thrown away or placed in refrigerator where depth of chili in only an inch to assure all chili is cooled throughout) Spinach and Artichoke dip: Kept in refrigerator acid lcup portion is heated in the microwave and served with chips Sandwiched: All served on Alpenrose bread, cheese melted on bread in microwave, items put on it, placed on grill and served with chips Smoothies: Dr. Smoothie mix, water and ice. and blended in the front of the house Coffee: All brewed in commercial pots Specialty Coffee: All prepared with a commercial espresso machine Goal: The Platz'1 is very proud of all of the items that we are serving, and enjoy very much offering this service to the Valley. We are offering a service that the town of Vail needs. We are one of only a few places in Vail that offer breakfast not only in a convenient location, but at an affordable price. Our location at the bottom of Bridge Street makes it easy for all those coming fiom the transportation center as well as from the in town busses. We aspire to start everyone's morning off positively and with a little extra boost of energy. With our prices positioned as they are, everyone can afford to enjoy the experience. The Platz'1, with it's European mystique and intricate architecture makes it more than just your average breakfast ambiance. One that we believe reflects positively not just upon us, but on Vail as a whole. It is our focus to assure that our customers have quality food and have a great time while they are here. We are willing to work with you in any way need be to keep our current operation in business, and we recognize that May 1st, we will be restructuring our kitchen to best follow the codes that the health department demands. We look forward to meeting with you all soon and discussing the situation at hand.. Sincerely, The Platz'1 il• 1~ TORN ~~ YAIL 75 South Frontage Rd. Vail, Colorado 81657 970-479-2138/479-2139 FAX 970-479-2452 February 5, 2002 Platzl Bar 242 E. Meadow Dr. Vail, CO 81658 Department of Community Development RE: Menu change at Platzl Bar located at 242 E. Meadow Dr., Vail, CO 81658 Dear Kelly: Thanks for meeting with me earlier this week to discuss the change in your menu items. The changes are hereby approved with the following conditions: • 'The existing 3-compartment in the bar area must be used to wash all cooking utensils, kitchenware, and tableware etc. • All food contact equipment and utensils must fit into the 3-compartment, except those specifically designed for in-place cleaning. • All floors, walls and ceilings must be finished with approved materials to be smooth, non-absorbent and easily cleanable. Damaged existing surfaces, including cove base, must be refinished with approved materials. • The cooking area hand sink must be used for handwashing only. • All hand sinks must be equipped with approved soap and towel dispensers. • An appropriate area away from food and equipment storage must be designated for storage of employee personal belongings. • All equipment must be commercially approved. • All meats (turkey, ham, and bacon) must be received pre-cooked and pre-sliced from an approved source or cooked in the microwave. • All pastries and baked items must be received from an approved source. No baking shall be done at Platzl Bar. • Chili will be received pre-cooked in apre-packaged container and reheated in the microwave and held at 140°F and above in the crock-pot. • All menu items as stated in the Platzl Bar proposal shall be pre-packaged and pre- cooked items from an approved source. • All electrical wiring must be redirected away from heat sources and in a manner that will not create cleaning issues. • Kitchen layout will be re-evaluated and equipment will be relocated, if needed, to make cleaning easier and to prevent fire hazards. • No additional equipment will be added to the existing facility. The Town of Vail Environmental Health Department, Building Department and Planning Department must review any additional or future changes in the establishment or menu items. Please contact me at 479-2333 with any questions. Sincerely, Steven J. Cala ris Environmental Health Coordinator Cc: Town of Vail Building Department Town of Vail Planning Department file BEVERAGE MENU - SMALL LARGE COFFEE' $1.25.• $1:..50 . EspRESSO $2.00 $3:00 . . LATTE $ 3.2 5 ~ $4.00 CAppucciNO $3:25 Y $4.00 MocltA - $3.50 $4.25 AMERICANO $Z.OO $3.00 ' HOT CHOCOFATE $2.OO. $2.5Q HOT c~aER $2.00 $2:50 HOT TEA $1.75 $2.00' ' CNAi $3.00 $3.75 CAFE' AU LAIT $ 2.00 $ 2.50 CAFE' MocHa $2.50 $3.00,. ' BREVE' $3:25 ~ ,$4:00 MaccHiaro:: $2.25. ., _ $3.25 - STEAMER $2.OO $2.50.. > ' ~; ~' L L ~ ~/ ~ CARAME & COCONUT A HAZELNUT VANi«.4 A - ,. ~ `( i i Located in f ron~ o f the Y ail ,Pillage parizng sEruc~ure, be~ore the sKi trooper pen C~ 7:0~ a..m t5reahf ash served ill ~:oo for ~o go orders call - 970.76.7571 BREAI(FAST' MENU LUNCH ANd APRES MENU BACIEL $2.OO GRANdMA~S SPICY CLIICI WITIi I10MEMA(IE BREAd $5,5O CREAM. CIIEESE~ bUTT..E~`R~ )ELL.. .. add 5O¢ CLIEESE ANd SOUR CREAM Add ,~.SO BREAI(FAST SANdWICIi W/`, ECI~1 Q., `I~ ~`A d SALSA 3.50 YOUR CI101CE OF: BAGEC~ C 0,155 ~PANINI ~' ~}S 1 ACIi d ARTICLIOI(E dlP $6.OQ cNEddA ~o~~ sws _ _ '~ I1AM~ bA .QN, o~~~ RI( ~~ ~~ r~~ ,: ' NdWICNES .. SCRAMBLEd E 5 BACON I• 5'~ ~~i . ~~° ' , « SERVE ~iIJT-WITH TORTI~LA C CI CI - f~L 011~EMA~E REA I ~5.~ ~ HIPs~ SCRAMbLEd EGGS W~ ROAST~~R d ~EPPERS~ °PfNA I! ANd •TU ,B,A -Q ~ TOM~TO~CIiE'aaAR ANd MAYO $6.Z5 CIIEddAR~ sldE OF B~cO ,~..~i ISO A ~E BRA„~ A ~SI` Nd DIJON ~~..2~5 GRANOLA ANd YO U T~ 4l W!T ~ OR VV~ , AI5 ~ O fit: ``~ ~ `'' r1~~,~ a .Y,4 ~ '~ ~ ~ ~, z ~€ OASTEd' Ea, 1'~6 ERS~ SPINACH ANd PESTO _ ~ ~., ;. 1 - J Y i '\ AssORTEd OATMEAL O ,~ ~ "~ A'i,a O '~ ~ ' SS _ y 1. ^ ~ • r r Ho _ `,~dE B- GIA ~~' :~. '~ ~;~u ~ ozzA~ L~- ~~~ • ~~ ~ d R~ P' frRS, ~SpiNacN s r ~'~ (ALL SERVEd W/ POWdERE t CIAR~ ~ TTER '-CR Nd'; ~ ~`~ ,~ • ~` '" ,~ ,~- sF f '~`~., ° ,~ • ~ ~~~ ~~~; ~~`: ~ ~~~ • ' IFT rr1 ,It,,(EY~ HAMS B ONE C d(IAR TOMA PLAIN BELGIAN WAFFLE ~ Q ~ X3~. `' }~ ~ ~~,~ ~~ ~• ~ ~, ~t I ,~`~,~ ~ "- ~ - _. r ~, 1 ~ ,~`~,° ~ i. ~ ~ ~p ~ ~ TO _ { ~ ~,~ rS` ~. O ~` BLUEBERRY BELGIAN WAFF " `~~ 5~; 5 ,~ ' ~;, .~ ~ , ~ ~ i ~ t i ~ ~~, ", i~ ~ ~ OI55 ~` 4 BERRY .BELGIAN WAFFLE ~ SO'~ .,~,~~ ~"~ ° ~ ~~• s~~ '~~' PN SANdWIC~IiES BANANA BELGIAN WAF-~LE ,` 0~ ,}~`~ ,~r,,~,~ ~'~~ t~ „~,, ~~ !~.,HO; WITLI TORTI«A IPS~ .. P " ~ '~ CIIOCOCATE CIiIP BEL IA ~ WAFFL ~~~ 'B a ~ ~''~`'~ ! ~~ '" U~ /C d ~ A O ON Cr~OI NT 5.50 WAFFLE OF TI1E dAY $5".5Q ~~,~~5~;`~ *,-~.„ ,~.~'~~,~ ,,a~~~•~,~',~~.w; • ~..AM~~~1M15 ~ ' IJON ON CRO15 T 5.50 VERMONT MAPLE SYRU~P~.~ ~~ ~ ~~°' ~,~,~ ,> r ~_,~~. ~~~- ~ ; (jdv O' .-~ ~~ ~ SMOO~IilES .9 ter: ~ ~' ` 0~~~, ~''` ~p ~ ?,`rte A VARIETY OF LOCALLY bAI(~d~jASTR ~$' ~°'~;~Y ~~ Y'. , ~ ~I ~0 ~o'~~ ~ ATU ~ L CTOSE ~ "~ OO% NON~UAIR I~ ~'~'~ , .~. ,) ~,'', ~~ti~, a~~ ~ YJ 4„ .~ CROISSANTS .MUFFINS sCON SCI A O .. ~ ~ f` ~ ~ E~•[iRY~OLE • STRAWBERRY i ~ COOI(IES~ ANd MORE...I ~`"1,.._~ z. ~' „ •' ~ ~R~~ s. ,~.~ ~ ~~~' 'ROPIC BEVERAGE ; .; . ~~ .~.;~~~ +y ~,,.~~ ~'"~.~ ~ ,•~~~` ~ ~x~ ~ ~ UT • TIONA~ SU CEMENTS. ' FRESIi SQUEEZEd ORAN E ~ ~ ~ O~V .~~;`~ '~ ~' ~,. ~~ '`~' ~ ~ PP CI ~"~." ~ ~ _. ULTIM~A,~~ RIENT ,BLENd IMMUNE BLENd CRANbERR ~UICE GRA EFRUIT JUICE PI~~A 7 ~,,,, L ~"`~~"~ `~ Y , P , , ~J~~ ,fit ~ dk:., `~"'~. ~"~`'~ • ~` P TEIN POWdER~SOY TOMATO JUICE $Z.OO ,: $1.00 COI(E~ DIET COI(E~ SPaRITE~ GINCIER ACE, C,CUB'SOdA \ $1'.50. ~:- E. Landscaping -All landscaping shalt be in accordance with the Approved Development Plans. F. Height -The maximum height of the Austria Haus building shall be as indicated on the P,pproved Development Plans. { ,, G. Parking and Loading -Section 18.52 of the Town of Vail .Municipal Code ~``' prescribes the. parking requirements for development. A minimum of sixty-three (63) underground, on-site vehicle parking spaces shall be provided, in accordance with the Approved Development Plans. The required number of loading and delivery. berths shall be a total of 1 berth, in accordance with the Approved Development Plans. H. Commercial Area -The maximum commercial area for Special Development District No. 35 shall not exceed 5,4G2 square feet, or 15% of the allowable GRFA, and shall be as indicated on the Approved Development Plans. 1. Common Area -The maximum allowable common area for Special Development District No. 35 shall not exceed 12,714 square feet, or 36% of the allowable GRFA, and shall be as indicated on the Approved Development Plans. J. Uses -The underlying zoning .for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail with the exception of restaurants or similar food service operations, which shall not be allowed. SECTION 6„ The developer,. agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That the applicant prepare a deed restriction or covenant, subject to the Town Attorney's review and approval, restricting the current and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with ~'~e .Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. Ordinance 12 Series of 1997 4 Approved 03/25/02 Bill Pierce clarified where the building would be at its maximum height. Doug Cahill asked about the bulk and mass in the setbacks. Bill Pierce stated that no second floor would be added in the side setbacks. The group again gathered around the table to look at the plans. Erickson Shirley asked about the availability of plans for adjacent property owners. He then asked about the annexation of the property. George Ruther stated that he would have to pull the ordinance to know what was said when the property was annexed. Brian Doyon stated that he believed the design of the project was sensitive to the site and to adjacent properties, and that he felt that the variance met the criteria for a variance request. Chas Bernhardt stated that he agreed with Brian Doyon. He further clarified that the Town does not require applicants to demo their house when they are requesting a remodel. Doug Cahill stated that he believed the applicant has done everything possible to be sensitive to the site, the neighbors, etc. and believes that the criteria for a variance request has been met. John Schofield stated that this lot was annexed into the Town, and that this request is not a grant of special privilege, and meets the criteria for a variance. Diane Golden stated that she believed that the applicant has been sensitive to the needs of the. neighbors and has done everything possible to reduce the impact and amount of variance. Galen Aasland stated that he believed that this met the criteria for a variance request. George Ruther stated that the original annexing ordinance did nonspecifically deal with nonconformities, other than to refer to the Town Code. John Schofield -made a motion for approval. Brian Doyon seconded the motion. The motion passed by a vote of 7-0 with conditions as stated in the staff memorandum. 3. A request for a Major Amendment to Special Development District #35, Austria Haus, to amend an existing condition of approval prohibiting the operation of restaurants within the special development district, and setting forth details in regard thereto, located at 242 E. Meadow Drive/Part of Tract B, Block 5B, Vail Village 1St Filing. Applicant: Johannes Faessler Planner: George Ruther George Ruther presented an overview of the staff memorandum, including the staff recommendation for approval. Sterling Bradbook, operator of Platz'I, stated that they began serving food in November. He clarified as to how they deal with loading and delivery and trash. Galen Aasland asked for public comment. There was none. Approved 03/25/02 Doug Cahill asked about their loading and delivery schedule. Sterling Bradbook stated that they are on the same delivery schedule as Pazzo's. John Schofield asked about trash removal. Diane Golden stated that she sees this as an asset to the Town. Erickson Shirley stated that he believed this met the criteria for an SDD amendment. Brian Doyon asked about the landscaping to screen the mechanical equipment. Galen Aasland stated that he believed that this complied with the criteria for a major SDD amendment. Galen Aasland stated, that he believed that staff could deal with the landscaping screening issue. He then asked about the conditional use permit for the real estate office. John Schofield made a motion to forward a recommendation of approval, in accordance with findings and criteria as Fisted in the staff memorandum with the conditions that: 1. The deed restriction be removed. 2. The-mesh~na~l e~ei~men~fae ~^~~ Brian Doyon seconded the motion. The motion was amended that condition #2 be handled at staff level. The motion passed by a vote of 7-0. 4. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2~d Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medical Center Planner: Allison Ochs MOTION: Ghas Bernhardt SECOND: Diane Golden VOTE: 7-0 TABLED TO MARCH 25,2002 5. A request for a rezoning from High Density Multiple Family (HDMF) to Lionshead Mixed Use -1 (LMU-1 ), located at 380 E. Lionshead Circle/Lot 7, Block 1, Vail Lionshead 1St Filing. Applicant: Lodge at Lionshead, represented by Jeff Bailey. Planner: Russell Forrest MOTION: Chas Bernhardt SECOND: Diane Golden VOTE: 7-0 TABLED TO MARCH 25, 2002 4 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, March 25, 2002 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland John Schofield Doug Cahill Diane Golden Erickson Shirley Chas Bernhardt Site Visits: 1. Middle Creek- 160 N. Frontage Road 2. ~ Vail 21 - 511 East Lionshead Circle 12:00 pm 1:00. pm Driver: George ®~ --- NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm 1. A request for a conditional use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H, Block 5A, Vail Village 1St Filing. Applicant: The Club Planner:. Bill Gibson/Allison Ochs WITHDRAWN BY THE APPLICANT 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420/Lot D, Block 2, Vail Village 1St Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson/George Ruther MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 6-0 APPROVED WITH 1 CONDITION: 1. That prior to the issuance of building permits, the applicant submits a revised condominium map reflecting the approved major amendment; and that the approval of the major amendment to Special Development District No. 28 be contingent upon staff review and approval of said condominium map. ~. rowN of vAr~ ~' 1 MEMBERS ABSENT Brian Doyon 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12, Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16- 7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther MOTION: Diane Golden SECOND: Doug Cahill VOTE: 5-0 TABLED TO APRIL 8, 2002 4. An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1St Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther MOTION: John Schofield SECOND: Erickson Shirley VOTE: 4-2 (Bernhardt and Golden opposed) APPROVAL TO UPHOLD THE STAFF DETERMINATION WITH 2 FINDINGS AND 1 CONDITION: Findings: That based upon the Commission's review and interpretation of the prescribed regulations outlined in Title 12, (Zoning Regulations) of the Vail Town Code, the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been met with the applicant's proposal. Specifically, pursuant to the definition provided in Section 12-7H-3(A) of the Vail Town Code, the old Uptown Grille space within the Vail 21 Building is determined to be the "first floor" or "street level" of the building. The Commission's determination is based upon evidence provided during the public hearing and site visit, as well as the configuration of the building, topography of the developed site, layout of the exterior walkways, and the presence of a "basement" or "garden level" of the building directly beneath the space in question. 2. In upholding the administrative determination of the Community Development Department, the Commission finds that pursuant to Section 12-7H-6, Accessory Uses, of the Vail Town Code, the existing use of the space is not an accessory use to the permitted retail stores and establishment allowed on the first floor or street level of the building and is not necessary for the operation thereof. This finding is based upon the existing of an administrative office in the existing and adjacent retail space and on the fact that other administrative functions are occurring in the space that are not for the support of the retail use. Condition: That the appellant, Vail Speciality Sports Venture, LLC, submits a demolition plan for the illegally converted interior space to the Town of Vail Community Development Department for review and approval of a required demolition permit and that the existing use of the space discontinue. The discontinuance of the use and removal of the illegally constructed improvements shall be completed by no later than June 1, 2002. 2 5. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11-5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off-site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 TABLED UNTIL APRIL 8, 2002 6. A request for a minor subdivision of Lot 2, Block 1, Vaif Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2"d Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medial Center Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 7. A request-for a conditional use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 8. Approval of March 11, 2002 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, March 25, 2002 PROJECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits 1. Middle Creek - 160 N. Frontage Road 2. The Club - 304 Bridge Street 3. Vail 21 - 511 East Lionshead Circle Driver: George 12:00 pm 1:00 pm ~o NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for aconditional -use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H, Block 5A, Vail Village 1St Filing. Applicant: The Club Planner: Bill Gibson/Allison Ochs 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420/Lot D, Block 2, Vail Village 1St Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson/George Ruther 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12. Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16-7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther 4. An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1St Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther ~. TOWN OF PAIL ~ MEMBERS ABSENT 5. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11-5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off- site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther 6. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2"d Filing and 181 .South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medical Center Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 7. A request for aconditional-use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 8. Approval of March 11,2002 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department 2 DESIGN REVIEW BOARD AGENDA Wednesday, March 20, 2002 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department ~ Lionshead Master Plan -Training Discussion MEMBERS PRESENT Bill Pierce Hans Woldrich Andy Blumetti Charles Acevedo SITE VISITS 1. Riva Ridge North - 133 Willow Place 2. Parks residence - 4166 Columbine Drive 3. Middle Creek - 160 N. Frontage Road 4. Safeway - 2171 N. Frontage Rd. West 5. Deming residence - 1475 Lions Ridge Loop Driver: Allison 12:00 pm 2:00 pm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Cummings residence DRB02-0005. Final review of a new residence. 5135 Main Gore Drive/Lot 27, Vail Meadows 1St Filing. Applicant: Greg Cummings MOTION: Charlie Acevedo SECOND: Andy Blumetti VOTE: 4-0 CONSENT APPROVED 2. Safeway DR602-0009. Final review of proposed exterior alterations. 2171 N. Frontage Rd. West/Lot 3, Vail das Schone Filing 3. Applicant: Safeway Food Co., represented by Soldoff Development MOTION: Andy Blumetti SECOND: Hans Woldrich VOTE: 4-0 TABLED UNTIL APRIL 3, 2002 3. Parks residence DR602-0040. Conceptual review of a proposed addition. 4166 Columbine Drive/Lot 18, Bighorn Subdivision. Applicant: Tim Parks CONCEPTUAL - NO VOTE MEMBERS ABSENT Clark Brittain 1 3:00 pm Bill Allison George ~~ TOWN OF VAIL ~~ 4. Deming residence DRB02-02-0039. Bill Conceptual review of a proposed addition. 1475 Lions Ridge Loop/Lot 3, Lion's Ridge Filing 2. Applicant: Frederick & Lynne Deming, represented by Architectural Services, P.C. MOTION: Charlie Acevedo SECOND: Andy Blumetti VOTE.: 4-0 CONSENT APPROVED WITH 1 CONDITION: Subject to staff approval of revised plans and Public Works conditions. 5. Riva Ridge North DR602 - 0061 Bill Conceptual review of proposed addition & exterior alterations. 133 Willow Place/Lot 6, Block 6, Vai! Village 1St Filing. Applicant: David & Elizabeth Cohen, represented by Peel/Langenwalter Architects CONCEPTUAL - NO VOTE 6. Middle Creek DRB02- 0060. Allison Conceptual review of a proposed employee housing development & private educational institution. 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects CONCEPTUAL - NO VOTE Staff Approvals Chigas residence DRB02-0035. Interior conversion (180 sq. ft.) & addition of windows. 380 E. Lionshead Circle, #350/Lot 7, Lodge at Lionshead. Applicant: Victor J. & Mario Chigas Tytel residence DRB02-0043. Change deck door, window and window and AC unit addition. 174 E. Gore Creek Drive, Units 526 & 528, Lodge Apt./Lot A, Block 5C, Applicant: Howard & Sandra Tytel Zyman. residence DRB02-0044. Deck enclosure, 250 sq. ft. addition. 82 West Meadow Drive/Lot 1, Vail Village 2"d Filing. Applicant: Sylvia Rebeca Zyman Cohen residence DRB02-0054. Interior conversion. 1467 Greenhill Court/Lot 10, Glen Lyon Subdivision. Applicant: Richard W. & Dianne Cohen Kelton residence DR602-0020. Changes to approved plans. 1034 Homestake Circle/Lot 5, Block 6, Vail Village 7th Filing. Applicant: Arthur M. Kelton, Jr. Bill Allison Vail Village 1St Filing. Bill Allison Bill 2 Johnston residence DR601-0293. Interior conversion with additional square footage. 1184 Cabin Circle/Lot 2, Block 2, Vail Valley 1St Filing. Applicant: Paul R. & Sarah A. Johnston Bill Chain residence DRB02-0053. Allison Enclose deck and add windows. 520 Lionshead Mall, Units 208 & 209; Lionshead. Center/Lot 5, Block 1, Vail Lionshead 1St Filing. Applicant: Jose Luis & Carmen F. Chain Siegel residence DRB02-0037. Bill Interior conversion. 356 Hanson Ranch Road, Units 410 & 420,/Lot D, Block 2, Christiania. Applicant: Gail S. Siegel The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing Impaired, for information. 3 MEMORANDUM TO: Vail Town Council FR: Bob McLaurin~--- RE: Executive Session DT: March 27, 2002 We had originally scheduled a strategic discussion on the affordable housing issue. However, given the critical nature of discussions with John Marks on the Timberidge redevelopment, I felt it more appropriate to discuss some of these issues in executive session. We have scheduled the housing strategic discussion for the next Council meeting. The purpose of the executive session Tuesday afternoon is to discuss the timber Ridge project. At that time I will update you on the status of the the redevelopment proposals that we presented to Mr. marks and the status of the zoning of the property. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, March 25, 2002 PROJECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Galen Aasland John Schofield Doug Cahill Diane Golden Erickson Shirley Chas Bernhardt Site Visits: 1. .Middle Creek - 160 N. Frontage Road 2. Vail 21 - 511 East Lionshead Circle Driver: George 12:00 pm 1:00 pm ®o NOTE: If the PEC hearing extends until 6:00 p.m., the board may-break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for a conditional use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H, Block 5A, Vail Village 1St Filing. Applicant: The Club Planner: Bill Gibson/Allison Ochs WITHDRAWN BY THE APPLICANT 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410 & 420/Lot D, Block 2, Vail Village 1St Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson/George Ruther MOTION: John Schofield SECOND: Chas Bernhardt VOTE: 6-0 APPROVED WITH 1 CONDITION: That prior to the issuance of building permits, the applicant submits a revised condominium map reflecting the approved major amendment; and that the approval of the major amendment to Special Development District No. 28 be contingent upon staff review and approval of said condominium map. ~. TOWN OF VAIL ~ MEMBERS ABSENT Brian Doyon 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12, Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16- 7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther MOTION: Diane Golden SECOND: Doug Cahill VOTE: 5-0 TABLED TO APRIL 8, 2002 4. An appeal of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1St Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther MOTION: John Schofield SECOND: Erickson Shirley VOTE: 4-2 (Bernhardt and Golden opposed) APPROVAL TO UPHOLD THE STAFF DETERMINATION WITH 2 FINDINGS AND 1 CONDITION: Findings: That based upon the Commission's review and interpretation of the prescribed regulations outlined in Title 12, (Zoning Regulations) of the Vail Town Code, the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been met with the applicant's proposal. Specifically, pursuant to the defiinition provided in Section 12-7H-3(A) of the Vail Town Code, the old Uptown Grille space within the Vail 21 Building is determined to be the "first floor" or "street level" of the building. The Commission's determination is based upon evidence provided during the public hearing and site visit, as well as the configuration of the building, topography of the developed site, layout of the exterior walkways, and the presence of a "basement" or "garden level" of the building directly beneath the space in question. 2. In upholding the administrative determination of the Community Development Department, the Commission finds that pursuant to Section 12-7H-6, Accessory Uses, of the Vail Town Code, the existing use of the space is not an accessory use to the permitted retail stores and establishment allowed on the first floor or street level of the building and is not necessary for the operation thereof. This finding is .based upon the existing of an administrative office in the existing and adjacent retail space and on the fact that other administrative functions are occurring in the space that are not for the support of the retail use. Condition: That the appellant, Vail Speciality Sports Venture, LLC, submits a demolition plan for the illegally converted interior space to the Town of Vail Community Development Department for review and approval of a required demolition permit and that the existing use of the space discontinue. The discontinuance of the use and removal of the illegally constructed improvements shall be completed by no later than June 1, 2002. 2 5. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11-5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off-site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0 TABLED UNTIL APRIL 8, 2002 6. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2"d Filing and 181 .South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medial Center Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 7. A request for a conditional use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 8. Approval of March 11, 2002 9. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479 2356, Telephone for the Hearing Impaired, for information. Community Development Department PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, March 25, 2002 PROJECT. ORIENTATION / -Community Development Dept, PUBLIC WELCOME MEMBERS PRESENT Site Visits 1. Middle Creek -160 N. Frontage Road 2. The Club - 304 Bridge Street 3. Vail 21 - 511 East Lionshead Circle Driver: George 12:00 pm 1:00 pm ~~ NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 2:00 pm A request for a conditional use permit to allow for a bank and financial institution, located at The Club, 304 Bridge Street/Lot H, Block 5A, Vail Village 1St Filing. Applicant: The Club Planner: Bill Gibson/Allison Ochs 2. A request for a Major Amendment to Special Development District # 28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road, Christiania Units 410.& 420/Lot D, Block 2, Vail Village 1St Filing. Applicant: Gail & Richard Siegal, represented by Morter Architects Planner: Bill Gibson/George Ruther 3. A request for a recommendation to the Vail Town Council, for a text amendment to Title 12, Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12, Section 16-7A-8, to amend the -Use Specific Criteria & Standards, and setting forth details in regard thereto. Applicant: Rob Levine Planner: George Ruther 4. An appeal. of a staff determination of the "first floor" or "street level" of the Vail 21 Building, located at 511 East Lionshead Circle, Part of Lot 3, Block 1, Vail Lionshead 1St Filing. Appellant: Vail Specialty Sports, Inc. Planner: George Ruther ~, TOWN OF PAIL ~i MEMBERS ABSENT 5. A request for a recommendation to the Vail Town Council for a text amendment to Title 11, Section 11-5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off- site advertising signs, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther 6. A request for a minor subdivision of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing. (Evergreen Lodge) from Special Development District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West /Lot 2, Block 1, Vail Lionshead 2"d Filing and 181 South Frontage Road West / Lots E and F, Vail Village Second Filing. Applicant: Evergreen Hotel and the Vail Valley Medical Center Planner. Allison Ochs TABLED UNTIL APRIL 8, 2002 7. A request for a conditional use permit to allow for an Early Learning Center and a request for development plan review to construct Employee Housing within the Housing Zone District and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs TABLED UNTIL APRIL 8, 2002 8. Approval of March 11, 2002 9. information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department 2 DESIGN REVIEW BOARD AGENDA Wednesday, March 20, 2002 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department ~ Lionshead Master Plan -Training Discussion MEMBERS PRESENT Bill Pierce Hans Woldrich Andy Blumetti Charles Acevedo SITE VISITS 1. Riva Ridge North - 133 Willow Place 2. Parks residence - 4166 Columbine Drive 3. Middle Creek - 160 N. Frontage Road 4. Safeway - 2171 N. Frontage Rd. West 5. Deming residence - 1475 Lions Ridge Loop Driver: Allison 12:00 pm 2:00 pm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Cummings residence DRB02-0005. Final review of a new residence. 5135 Main Gore Drive/Lot 27, Vail Meadows 1St Filing. Applicant: Greg Cummings MOTION: Charlie Acevedo SECOND: Andy Blumetti VOTE: 4-0 CONSENT APPROVED 2. Safeway DRB02-0009. Final review of proposed exterior alterations. 2171 N. Frontage Rd. West/Lot 3, Vail das Schone Filing 3. Applicant: Safeway Food Co., represented by Soldoff Development MOTION: Andy Blumetti SECOND: Hans Woldrich VOTE: 4-0 TABLED UNTIL APRIL 3, 2002 3. Parks residence DRB02-0040. Conceptual review of a proposed addition. 4166 Columbine Drive/Lot 18, Bighorn Subdivision. Applicant: Tim Parks CONCEPTUAL - NO VOTE MEMBERS ABSENT Clark Brittain 1 -3:00 pm Bill Allison George ~. ~t TOWN OF PAIL ~ 4. Deming residence DRB02-02-0039. Bill Conceptual review of a proposed addition. 1475 Lions Ridge Loop/Lot 3, Lian's Ridge Filing 2. Applicant: Frederick & Lynne Deming, represented by Architectural Services, P.C. MOTION: Charlie Acevedo SECOND: Andy Blumetti VOTE.:. 4-0 CONSENT APPROVED WITH 1 CONDITION: Subject to staff approval of revised plans and Public Works conditions. 5. Riva Ridge North DRB02 - 0061 Bill Conceptual review of proposed addition & exterior alterations. 133 Willow Place/Lot 6, Block 6, Vail Village 1St Filing. Applicant: David & Elizabeth Cohen, represented by Peel/Langenwalter Architects CONCEPTUAL - NO VOTE 6. Middle Creek DR602- 0060. Allison. Conceptual review of a proposed employee housing development & private educational institution. 160 N. Frontage Rd./to be platted as Lot 1, Middle Creek subdivision. Applicant: Vail Local Housing Authority, represented by Odell Architects CONCEPTUAL - NO VOTE Staff Approvals Chigas residence DRB02-0035. Interior conversion (180 sq. ft.) & addition of windows. 380 E. Lionshead Circle,. #350/Lot 7, Lodge at Lionshead. Applicant: Victor J. & Mario Chigas Bill Tytel residence DRB02-0043. Allison Change deck door, window and windaw and AC unit addition. 174 E. Gore :Creek Drive, Units 526 & 528, Lodge Apt./Lot A, Block 5C, Vail Village 1St Filing. Applicant: Howard & Sandra Tytel Zyman residence DRB02-0044. Bill Deck enclosure, 250 sq. ft. addition. 82 West Meadow Drive/Lot 1, Vail Village 2"d Filing. Applicant: Sylvia Rebeca Zyman Cohen residence DR602-0054. Allison Interior conversion. 1467 Greenhill Court/Lot 10, Glen Lyon Subdivision. Applicant: Richard W. & Dianne Cohen Kelton residence DR602-0020. Bill Changes to approved plans. 1034 Homestake Circle/Lot 5, Block 6, Vail Village 7th Filing. Applicant: Arthur M. Kelton, Jr. 2 Johnston residence DRB01-0293. Bill Interior conversion with additional square footage. 1184 Cabin Circle/Lot 2, Block 2, Vail Valley 1St Filing. Applicant: Paul R. & Sarah A. Johnston Chain residence DRB02-0053. Allison Enclose deck and add windows. 520 Lionshead Mall, Units 208 & 209, Lionshead Center/Lot 5, Block 1, Vail Lionshead 1St Filing. Applicant: Jose Luis & Carmen F. Chain Siegel residence DRB02-0037. Bill Interior conversion. 356 Hanson Ranch Road, Units 410 & 420,/Lot D, Block 2, Christiania. Applicant: Gail S. Siegel The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing Impaired, for information. 3 , ~ 3-2d-2002 3:59PM FROM ATLANTIS 9717 926 2169 ~5 4'~`0~' P.2 L~'~ttt..~ 3 6 , ~~~' ~~s, oas TO George Rusher/ TOWN of VAlL kom Terry Carpenter u CC Russell Forrest /TOWN of VAIt Date 03.25.OZ Project Signage Criteria & Code -Town of Vail Number OZ.i0l.tov RE Proposal far Professional Services Pages 5 ~.(.d~ G ~ f~S fir,-c~l.~' We want to thank you for the opportunity to submit this proposal for the re-development of the signage code for the Town of Vail..ln follow-up to our discussions, we have prepared this proposal io outline the scope of out participation related to the development of this program. OBJECTIVES . The primary purppse of this program. is tq develop a new signage code for the Town of Vaii...irt amulti-pronged effort aimed at making the code: • easier to understand and implement by it$ users • easier to enforce consistently by the Town The Bode should be a working tool for the community... it show{d contribute to a highly successful business environment as well as to the Town's overall image as the premier resort community. The "spiri~of the (aw" should be conveyed in the code...first, through a statement of purpase...to help users understand why the code is in place to begin with, and what role it plays in building and maintaining the image of the community. A {ogical first step would be to talk about Vail...could it be considered a brand? if so, can we identify Veil's desired brand image and positioning in the rnarketpiace? What is the essence of Vail...its true character... its heart and soul? And what are its unique points of differentiation that set it apart from other resort communities? Once we have defined the desired image effectively (potentially through images as well as verbiage), we can develop the framework for how this image should be expressed in the storefronts, window displays and signage elements that contribute to the community's visual environment as well as to the financial success of its various business~s- White working to unify and upscale the Town of Vail as a whole, and to blend Ito an appropriate degree) with the architectural . themes that have been established for the various areas, the code should encourage creativity and innovation. It is also important that the individual businesses be able to use their storefronts and signage for self-expression Ito clearly communicate their brand/identity and their offering) as well as venues for bringing vitality and visual excitement to the community through unique visual elements, creative window displays, dimensional signage, etc. A hierarchy of communication elements should be established that identifies the various types of information that need to be communicated at the Tawn level, the specific development /building level, as well at the level of the individual businesses that make up the commercial community. A diagram of some sort should be developed that shows how these various aspects of the visual community fit together. The vehicular and the pedestrian scale of the environments in the various zone districts will ~ be considered when recommending new signage /display criteria. r~ Fax 97Q.l26.Y169 0 ~.: 3-2a-2002 a:00PM FROM ATLANTIS 970 926 2169 " P.3f - ^ signage and display elements should add something to the Vail experience...not detractfrom it lp order to stimulate and inspire those who wiH implement it, the code might offer examples of well-done signage that already exists in areas around the country...it could also suggest various types of materials, lighting, utili2ation of logos, fonts, coloration, etc that have been demonstrated to b.e effective in their communication as well 'as successful in their longevity and durability (issues at this high a)titude). We will eventually need to condense all this discussion of strategy and philosophy into meaningful words and pictures that become a working set of guidelines...a code...for the development and implementation of effective signage. We will probably also need to re-define what a sign is (where does signage stop and storefront or entry or window display begin?)...as well as what is considered permanent vs temporary signage, and which rules will apply to each. A reasonable time for transition will also need to be identified...for businesses to have time to budget and implement new signage elements that will comply. with the new criteria / code thatwe develop. There is a lot of work to do...and we need to get started! . In order to devefap this program in a logical manner based on gathered information, coordination with the TOWN OF VAIL, Veil's DRB, the Vail Chamber of Commerce, the various mercharrts and other members of this project team...we recommend the following phased approach: Phase 1 Data Collection. Directional Strategies & Concept Development (1 initial meeting,' 3 worksessions this phssef • worksession with project team (signage committee) to kick off the project officially, determine objectives for the program and to develop a list of deliverables, rolesJresponsibilities,timelines and budgets • review Town of Veil's current signage code and tenant/storefrontdcsign criteria • discuss the desired image !positioning for the Town of Vaii...as an entity, a community, a brand • conduct a visual audit of signs currently in place around the Town of Vail;..all levels of the system...from highway/road signs, to seasonal banners, building signs, tenant signs, window and outdoor displays, etc.. (document the various elements in photos for group review) • conduct a visual audit of signs used in other malls, resort communities, urban renewal areas end other mixed use developments (document via images for group review and reference); assess what's been most successful • gather all other pertinent information from the Town of Vail, the Chamber, the DRB, etc. • review current Tawn of Vail requirements and procedures for permitting, review, approval and enforcement worksession with Vail Chamber to gather input and discuss the Town's image and the merchants' role in it • worksession with project team after initial visual audits to review findings and discuss implications u • develop a hierarchy of information to be communicated and the sign types associated with each level • look at options for formatting the information...combinatian of verbiage and imagery • initial presentation of content and format options for the code to TOWN OF VAIL and to the DRB Phase 2 Concept Refinement & Documert Mock-ua (1 mesting/workssssion with 7'OtMV Of VAIL; 1 trim Sign process this phase) • refine approved concepts from end of Phase ]and develop final mock-up document for further review • look at options for production of final document in terms of physical formal haw it will be printed and dissaminaLed, how easily it can be revised, web format for Internet access and printing, etc. trial process of a "prototypical sign"; send a sign concept through the review process and observe from all perspectives; troubleshoot the process {and perhaps the code) as required to streamline for aA Phase 3 Fnal Dacum~nr~t~n & Production far Distribution ~1 meeting this phase for final review&nd sign-off) • produce final regulatory documents for final review and editing • produce final printfiles and produce initial run of documents for official distribution • past-implemerrtation evaluation after approx. 3 months to see how it's working Far 970.9Y6.2169 3-24-2002 4 = 81 PM FRt]M ATLANTIS 97th 926 2169 P. 4 I L ~, ~~: ~a I I , [ f' ~ ~ 3" j..:.z w ~ ~ I , ~ 1 TIMELINES Work can begin immediately upon approval of this proposal. ®TLANTIS will work with the TOW1V OF VAIL to determine. an appropriate timeline for the various aspects of the project The Vail Chamber has set a meeting for Apri14"` to discuss an image statement for Vail as well as signage and storefronts /displays and how those might work together. The signage committee for the Town of Vaif has set a meeting for April 9'" to discuss all these issues in more detail and to determine next steps. COMPENSATION fOR SERVICES Work will be charged on an hourly basis at an average rate of $90/hr with the maximums. DEVELOPMENT of SIGNA6E CODE ! Totals by Phase Phase l: Data Collection, Directional Strata ies & Concept Development S 9,000 Phase 2: Concept Refinement & Document Mock-U S 4,050 Phase 3• Final Do~rrmentation & Production for pistribution $ 1,890 -Total Fees $ ]4,94a These figures are estimates of costs that could be anticipated for the assessment, directional, strategic and tactical phases of the project !t is impossible at this point to determine how many meetings will be necessary, with how many groups, and how much interaction with the community will he necessary during the developmerrt of this program. Perhaps any meetings or activities which era not already specifically identified in the itemized phases above could be handled on an hourly basis...at least until we get a better feel for eventual scope of work /time. In addition to professional fees, you will be invoiced for reimbursable expenses incurred in the interest of this project. These ~expellses may include: long distance phone charges, film and processing, reproduction (black-and-white and color copies, blueprints, color prints, etc.), local /long distance delivery services, copywriting, high-res scans, conversion of graphic files to usable formats, project-specific graphic /computer supplies, mileage, air travel, ground travel and lodging. Every effort will be made to keep these expenses to a reasonable minimum. Fees and expenses will be billed monthly based on the proportion of work that has been completed. Flexibility will be permitted between fee allowances identified for various tasks and phases; the specific breakdown above is for planning and budgeting purposes only. The not-tm-exceed Grand Total figure will be the fee referenced when final invoicing is prepared. If the work can be done in less time, you wilt be charged less. ASSUMPTIONS /TERMS Fees proposed for services are based on the assumption that the information and documents being provided by TOWN OF VAIL are accurate and up-to-date in their representation of existing and proposed conditions. TOWN QF VAIL to provide ATLANTIS with a har~copy as well as a Word document (on zip disk or CD? of the Town's current sign code. Fees, are also based on the. assumption that all logos, fonts and images to be used will be supplied to ATLANTIS in a high- resolution digital format. Logos and other graphic information to be given to ®TLANTIS on disk in Mac-compatible format. Photographic images to be given to ATLANTIS either as high-resolution Photoshop images (300 dpi et their final printed size), Fax 970.916.2]69 3-24-2882 4:B1PM FROM ATLANTIS 970 926 2169 s P. 5 In Mac-compatible format on disk, or as high-quElity originals (negatives, transparencies, 8x10 prints, etc.) that ATLANTIS can scan in-house. If a super high-quality image js required that cannot be produced in-house, a drum scan will be done by an outside agency. It is further assumod that ATLANTIS will not be responsible for conducting a photoshoot for the project; alt images to be used will be casual "snapshots" or royalty-free photography; if a professional photoshoot becomes necessary, it will be handled in a separate agreement. Any modifications to be made to the concepts or the final documer~Ls after approval has been given by the TOWN OF VA]L team for each phase of each task (including new directions resulting from internal reviews within TOWN OF VAIL, or their associated agencies or chambers or review boards) will be addressed as Additional Services and will be charged an an hourly basis at an average rate of $90/hour. Any tasks {including additional work, documents, srte visits, trips or meetings) outside the scope of work identified in this proposal will also be considered Additional Services. Any modifications to the objectives, budget or schedule set during Phase 1 is sufficient cause to re-evaluate the scope of work, the corresponding fees, and the feasibility of meeting the deadlines. In order to help keep the process clear for all parties, final sign-off will be given by TOWN OF WAIL at the end of each phase to give ATLANTIS approval to proceed. ®TLANTIS will coordinate getting. the required information to the various reviewing agencies for their approval. The acquisition of approvals from various private entities and governing agencies will be the sole responsibility pf TOWN OF VA1L Foes do NOT include costs to physically fabricate signs, displays, fixtures or construction or any parts thereof. Fees also da NOT include any special models or artist renderings beyond those design drawings necessary to convey the concepts during initial design presentations and those otherwise specifically noted. Graphic design services are NOT included in this proposal beyond the development of the signage code itself. Design for any specific sign element is NOT part of the scope of this proposal. If more detailed graphic design services become a desired component to this program (e.g., signage design for a specific business or merchant?. those services can be added at anytime during theuproject as Additional Services, or a separate agreement can be developed to address those services: .Fees include one (1) round of revisions during Phase 2 and another final "tweaking" at the beginning of Phase 3. Any further rounds of revisions that become necessary (due to in-house reviews, city reviews, forest service reviews, individual tenant or merchant reviews, etc.) will be considered Additional Services and will be charged for on an hourly basis. If, for any reason, this project as outlined in this proposal is terminated before its completion, or the services of ATLANTIS are no longer required for this project as outlined, TOWN OF VAIL will pay ATLANTIS for all fees for work provided and all expenses incurred up to the date that written notification from TOWN OF VAIL is received by ATLANTIS ordering work to stop. ATLANTIS is not responsible or financially liable for changes made by TOWN OF VAIL ar their consultants, contractors, suppliers or agencies without ®TLANTIS' direct involvement. TOWN OF VAIL wil! also indemnify ATLANTIS and its principals and hold them harmless from any losses, damages or costs that may be suffered as a result of other services or materials provided related to this project. ATLANTIS will initiate work on this project upon receipt of a signed authorization of this proposal Ibefow). By signing this contract, TOWN OF VAIL understands that they are guaranteeing payment to ®TLANTIS under this agreement. Further, TOWN OF VAIL will be responsible for reimbursement of any fees to ATLANTIS (attorneys tees, court costs, etc.) incurred by ~TIANTIS in their efforts to collect the payment due them under this agreement. Said reimbursement for collection expenses is to be in addition to the payment due for services rendered under this agreement foot 470.l16.21f9. 3-2d-2OO2ta4:O2PM FROM ATLANTIS 970 926 2169 ~ P.6 - ~ ~, 'xr`' 1 ~ I ~ S„ - -'~ ~ ~ 1 Y V ~ I ~ ®TLANTIS and TOWN bF VAIL agree that all disputes arising out of or in any way connected to this Agreement its validity, interpretation, performance, remedies for breach of contract, or any other claims related to this Agreement shall be governed by the laws of the United States. It is fuRher agreed that any suit, claim or legal proceeding of any kind between TOWN t)F VAIL and ®TLANTIS shall be brought in a court of competent jurisdiction in the State of Colorado. ®TLANTIS will maintain strict confidentiality with respect to all aspects of TOWN OF VAIL and their businesses. ATLANTIS will have the right to presenTthe various documents produced as part of this program as part of ti)eir project portfolio forsetf-promotion. AUTHORIZATION u George, we greatly appreciate this opportunity to work with you and your team on this exciting project! I trust that we have covered all the pertinent issues in this. proposal. If this proposal is acceptable, please sign below and reiurR a copy to me so we can begin working. Accepted by: t'`03 2~. 02 . . Terry L. rp nter, AIA Date George G. Ruther Oate Presiden chitect / Cr five Director Chief of Planning /Dept of Commilnity Development ~TLAIYTI , LLC TOWN OF VAIL ~ F Fax 9Ta92b.2164 MEMORANDUM TO: Vail Town Council FR: Bob McLaurin~-- RE: Executive Session DT: March 27, 2002 We had originally scheduled a strategic discussion on the affordable housing issue. However, given the critical nature of discussions with John Marks on the Timberidge redevelopment, I felt it more appropriate to discuss some of these issues in executive session. We have scheduled the housing strategic discussion for the next Council meeting. The purpose of the executive session Tuesday afternoon is to discuss the timber Ridge project. At that time I will update you on the. status of the the redevelopment proposals that we presented to Mr. marks and the status of the zoning of the property. S f TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 2, 2002 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: a) Days of Remembrance Proclamation. (5 min.) b) Athletic Training Month Proclamation. (5 min.) c) Approval of March 5th and 19th evening meeting minutes. (5 min) 3. ITEMITOPIC: Black Gore Creek Sediment Update. (20 min.) Caroline Bradford 4. ITEM/TOPIC: Review the financing tools for funding the Lionshead Dee Wiser public improvements and policy options for allowing construction to the build-to line. (1.15 min.) ACTION REQUESTED OF COUNCIL: The purpose of this discussion is to review the financing options for completing the public improvements in the Lionshead Master Plan and to review the issues related to encouraging private property owners to build to a specified line versus a setback. At the evening meeting, public input could be received on further investigating a conference facility on the North Day lot, public improvements, and financing those public improvements. BACKGROUND RATIONALE: On March 19th the Vail Town Council reviewed the various public improvements proposed in the Lionshead Master Plan. Staff received input that Frontage Rd improvements, new streetscape, and dealing with circulation issues were priority public improvements. Council also expressed their interest to further explore a conference facility on the North Day lot. Staff would now like to review financial options for funding the public improvements and policy direction on how to deal with private developers building to a "build-to" line identified in the Lionshead Master Plan which requires building on to what is now Town of Vaii land. 5. Bob Armour ITEM/TOPIC: Eagle County Health Service District Mill Levy Lyn Morgan Increase Discussion. (10 min.) 6. George Ruher ITEM/TOPIC: Ord. #4, Rezoning Criteria. (30 min.) First Leading of Ordinance No. 4, Series of 2002, an ordinance amending Title 12, Chapter 3, Administratiort and Enforcement, of F:mcaster/agendas/tc/2002/040202 k t. j the Vail Municipal Code to establish criteria for consideration and findings for zone district amendments to the Official Town of Vail Zoning Map and text amendments to Title 12, Zoning Regulations, and setting forth details in regard thereto.. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 4, Series of 2002, on first reading. BACKGROUND RATIONALE: The Town of Vail Community Development Department is requesting to amend the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to Section 12-3-7. The proposed amendment to the Town Code is intended to establish criteria for consideration and findings for amendments to the regulations prescribed in Title 12 (Zoning Regulations) and zone district boundaries. At its January 28 and March 25, 2002, public hearings, the Planning & Environmental Commission reviewed and discussed the proposed text amendments. Following a lengthy discussion on the requests, the Planning & Environmental Commission voted unanimously (7-0) to forward a recommendation of approval to the Town Council for the proposed text amendments. The Planning and Environmental Commission's findings and recommendation are identified in the March 25, 2002, staff memorandum to the Commission. A copy of the final approved meeting minutes has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 4, Series of 2002, on first reading. 7. George Ruther ITEM/TOPIC: Ord. #5, Amendment to SDD#35. First Reading of Ordinance No. 5, Series of 2002, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 5, Series of 2002, on first reading. BACKGROUND RATIONALE: At its March 11, 2002, public hearing, the Planning & Environmental Commission reviewed and discussed a request to remove an existing condition of approval that prohibits the operation of restaurants or similar food service operations on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted unanimously (7-0) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The Planning & Environmental Commission's findings and recommendation are identified in the March 11, 2002, staff memorandum to the Commission. A copy of the final approved meeting minutes has been attached for reference. STAFF RECOMMENDATION: F:mcaster/agendas/tc/2002/040202 The Community Development Department recommends that the Town Council approve Ordinance No. 5, Series of 2002, on first reading. (15 min.) 8. Matt Mire Bob McLaurin ITEM/TOPIC: Ordinance #7, Series of 2002, first reading, AN ORDINANCE ADOPTING THE TOWN OF VAIL COMMISSIONON SPECIAL EVENTS (CSE) AND GUIDELINES; ESTABLISHING A COMMISSION FOR THE PROCESS OF REVIEWING PROPOSED PUBLIC SPECIAL EVENTS FOR THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. (30 MIN.) BACKGROUND RATIONALE: Two ordinances are being presented with regard to the Commission on Special Events. One is staff produced and deals with the skeletal construction of this commission, thus allowing for operational policy to be formulated with more latitude and as Council more clearly defines the Commission's role. Staff has also included a second ordinance that includes more specifics in regard to the special events manager and policy objectives than is ordinarily included in these organizational ordinances. It has been Council's direction to move forward as expediently as possible to formulate the conditions under which this Commission will operate. Staff will be ready to make any modifications to the ordinance between the work session and evening meeting on Tuesday. 9. ITEM/TOPIC: I.G.A. Skier Parking at Eagle River Water and Matt Mire Sanitation District. (15 minutes) 10. Town Manager's Report. (5 minutes) 11. Adjournment (10:40 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, APRIL 16, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, APRIL 16, 2002, 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. F:mcaster/agendas/tc/2002/040202 ~x~xC~C~~~tvxt Proclaiming Days of Remembrance of the victims of the Holocaust to be Sunday, April 7 through Sunday, April 14, 2002, including the International Day of Remembrance known as Yom Hashoah, April 9. WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims -six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered 'grievous oppression and death under Nazi tyranny. WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of Vail, Colorado, should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, we the people of Vail, Colorado, should actively rededicate ourselves to the principles of individual freedom in a just society; and- WHEREAS, the Days of Remembrance have been set aside for the people of Vail, Colorado, to remember the victims. of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, April 7 through Sunday, April 14, 2002, including the International Day of Remembrance known as Yom Hashoah, April 9; NOW, therefore, I, Ludwig Kurz, Mayor of the Town of Vail, Colorado, do hereby proclaim the week of Sunday, April 7 through Sunday, April 14,2002, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the. survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the Town of Vail, should strive to overcome intoleranceand indifference through learning and remembrance. IN WITNESS WHEREOF, I have hereunto set my hand and caused. the official seal of the Town of Vail to be affixed this 2"d day of April, 2002. 0~~ ~~ urz, Mayor ATTEST: ~ SEAL Town Clerk ~~~ PROCLAMATION FOR ANTIONAL ATHLETIC TRAINING MONTH WHEREAS, quality health care is vital for individuals involved in physical I E ~~ activity; and WHEREAS, certified athletic trainers (ATCs) have a long history of providing quality health care for athletes and those engaged in physical activity based on specific tasks, knowledge and skills acquired through their nationally regulated educational processes; and WHEREAS, certified athletic trainers provide: • Prevention of injuries • Recognition, evaluation and immediate care • Rehabilitation • Health care administration • Education and guidance; and WHEREAS, athletic training was recognized by the American Medical Association in 1990 as an allied health care profession; and WHEREAS, more than 22,000 certified athletic trainers nationwide are employed in the following settings: • Professional sports • Colleges and universities • High schools • Clinics and hospitals • Corporate and industrial settings; and WHEREAS, leading organizations concerned with athletic training and health care have joined together in a common desire to raise public awareness of the importance of the athletic training profession and to emphasize the importance of quality health care for athletes and those engaged in physical activity within the aforementioned settings and; WHEREAS, such an effort will improve health care for athletes and those engaged in physical activity and promote ATCs as allied health professionals. NOW, THEREFORE, the Vail Town Council of Vail, Colorado, hereby proclaims the month of March as National Athletic Training Month in Vail, Colorado. I urge all people of Vail to learn more about the importance of athletic training. IN WITNESS WHREOF, I have hereunto set my hand and caused the official seal of the Town of Vail to be affixed this 2"d day of April, 2002. A' Donaldson, Town Clerk 0. i ~.. ..' ~ 3 _ _ a... TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 5, 2002 7:00 P.M. TOV COUNCIL CHAMBERS The regularly scheduled Vail Town Council meeting was called to order by Mayor Ludwig Kurz at approximately 7:00 P.M. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Merv Lapin, long time local and former Vail councilmember, addressed the Council, requesting the Council consider a cemetery or cemetery type feature in Vail to create a remembrance park or memorial in Vail. Lapin stated a decision should be made on the site and who would be honored there. Lapin stated he would be willing to help gather the formation. Kaye Ferry, Vail Chamber and Business Association, addressed the Council, expressing her displeasure regarding the article in the Vail Daily on February 23, regarding prices in Vail being 2 to 3 times higher in Vail than down valley. Frank D'Alessio, a volunteer for the Vail Police Department, appeared before the Council, informing them of the Citizens Police Academy, sponsored by the Vail Police Department. D'Alessio stated they had 10 applicants at the present time.. The focus of the academy was to produce ambassadors for the public and police force. The date of the event is March 14, 2002. The second item on the agenda was the Consent Agenda. Greg Moffet made a motion to approve the February 5 and 19, 2002, meeting minutes. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The third item on the agenda was Vail Resorts presentation of their Lionshead redevelopment proposal. Mayor Kurz stated the town had not received an official 1 . T application at this time and this was the .first time the town had been shown the redevelopment plan being proposed by Vail Resorts, Inc. Russ Forrest, Director of Community Development, gave a background on the Lionshead Master Plan, stating. meetings would be scheduled as soon as the applications were received from Vail Resorts. Forrest introduced Porter Wharton, III, Vail Resorts Senior Vice President. Wharton addressed the Council, stating Vail Resorts was committed to reinvesting in the community, and the company had started working on this project last summer. Wharton stated Vail Resorts had invested $126 million on improvements to the mountain and was committed to revitalizing their properties in Lionshead. John Burkholder with Ethan Moore, Design Workshop, gave an overview of the five properties owned by Vail Resorts and the main redevelopment plan for each of them, which included: - Maintenance/Holy Cross site - 5 acres; - West Day Lot/Marriott Property - 4.8 acres; - North Day Lot 1.3 acres (potential public-financed, town-owned Conference Center; - Core area 2.3 acres (former gondola building, Sunbird Lodge); - Tennis court site - 2.5 acres. According to Wharton, a 30-month, phased construction process is envisioned with construction beginning in the spring of 2003 for the West Day Lot and the Holy Cross/Maintenance Lot phases. In addition to the project's construction schedule, members of the audience inquired about view corridors; the Vail Town Council's position on use of Tax Increment Financing (TIF) to fund public improvements; parking; pedestrian access and circulation; transit staging; snowmelt areas; calculations that will be used to create employee housing units associated with the project; inclusion of a swimming pool; and consideration of an outdoor ice rink. Next steps include a discussion by the Town Council to review and prioritize a list of public improvements recommended in the 1998 Lionshead Master Plan, as well as a discussion on how to pay for them. - Should the town pursue development of a Conference facility on the North Day Lot? - What public improvements should be further designed and built? - How should the town finance public improvements? - Should the town sell or lease public lands needed by private developers to construct to the "build to" line? It was recommended that the Town Council immediately direct staff to reconvene the parking task force to develop along-term solution for parking. After the Town Council has had an opportunity to discuss the above-mentioned questions, then a development improvement agreement should be developed that would state what public improvements the town would pay for and what .improvements Vail Resorts and other private developers would pay for. 2 The fourth item on the agenda was a presentation and discussion of Playground Safety and Improvement Plan, including: - Playground Safety and Improvement Plan. - Discussion of Custom vs. Catalog equipment. - Possible expansion of Donovan Park playground area. Todd Oppenheimer, landscape architect and parks superintendent for the town, presented the plan to the Council. Discussion was held regarding. hazards, custom vs. catalog playground equipment, and ADA requirements. A proactive playground safety plan was introduced. Rod Slifer made a motion to approve the playground safety and improvement plan developed by certified playground inspectors from the Public Works Department. Greg Moffet seconded the motion. A vote was taken and the motion passed 5-2, Kurz and Donovan opposing. The document, which was created following atown-wide audit, outlines a recommended schedule of actions to be implemented over the next five years to improve safety and maintain equipment at each of Vail's eight neighborhood parks as well as the construction of two new play areas (Donovan Park and Lionshead). In 2002, the plan calls for construction of the playground at Donovan Park as well as a recommendation to reconstruct Pirateship Park, which has experienced structural deficiencies. During the discussion, the Council reaffirmed its desire to incorporate an appropriate mix of custom- builtplayground equipment to promote Vail's uniqueness, saying the benefits are worth the extra expense and potential for additional liability. A motion was made by Greg Moffet and seconded by Rod Slifer to support a staff recommendation to earmark $150,000 from the Real Estate Transfer Tax to expand the Donovan Park playground design to accommodate 60 to 80 children at a time, or 9,000 sq. ft., up from the current design which accommodates 20 children with 6,000 sq. ft. A vote was taken on the motion and the motion passed 6-1, Jewitt opposing. The fifth item on the agenda was a Special Events Discussion. Continuing an earlier discussion about the appropriate structure for a special events board the Council heard from Stephen Connelly of the Vail Chamber and Business Association, who offered use of an existing 501 c-3 structure, Turn It Up, as a way to facilitate creation of a de-politicized board that would be used to review and recommend funding allocations from the town. Rod Slifer made a motion to draft an ordinance to form a special events committee, consisting of two members selected at-large from the community, one restaurant representative, one lodging representative and one retail representative. Councilman Greg Moffet seconded the motion, suggesting exploration of a Business Improvement District as an alternative structure to be considered in future years. Staff was given direction to research the concept more thoroughly. Kaye Ferry of the Vail Chamber and Business Association criticized the board representation structure. Ferry, along with business owner Steven Rosenthal, suggested replacing one of the at-large seats with a business representative. In addition, Ferry urged the Council to re-structure the budget used for administration of the Vail Local Marketing Board to create a paid position that could manage multiple economic development programs. Although Councilmember Diana Donovan acknowledged that additional work remained, she expressed satisfaction in the new structure, noting that it removes the voting privileges of those who once had been 3 recipients of the seed money. A vote was taken on the motion and the motion passed unanimously, 7-0, directing staff to prepare an ordinance. The group also agreed that the non-voting Council representative would chair the board until a director is hired. The sixth item on the agenda was the Town Manager's Report. Town Manager McLaurin stated he had nothing to add to the report as submitted. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was adjourned at 9:50 P.M. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Mary A. Caster 4 • r TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 19, 2002 7:00 P.M. TOV COUNCIL CHAMBERS The regularly scheduled meeting of the Vail Town Council was called to order at 7:00 P.M. by Mayor Ludwig Kurz. MEMBERS PRESENT: Ludwig Kurz, Mayor Rod Slifer, Mayor Pro-tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF MEMBERS: Bob McLaurin, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Colleen McCarthy, owner of the Baggage Cheque in Crossroads Shopping Center and a 24-year resident, addressed the Council, expressing frustration over the enforcement of the Vail sign code, after not having it enforced over the last 5 years. McCarthy provided photographs of Ilegal signs throughout town, asked to have her summons dismissed, and requested the town modify the code to reflect today's marketplace. Arn Menconi, Eagle County Commissioner, and Adam Palmer, of the Eagle Valley Alliance for Sustainability, addressed the Council, promoting educational course entitled Shaping the Future of the Eagle Valley, May 9th. A brochure was also distributed to the Council. Councilmembers were encouraged to attend. Joe Staufer, long time resident and former Council member, addressed the Council regarding land that Vail Resorts had designated to donate for a conference center. Staufer suggested the land be used to provide parking for day skiers. Kaye Ferry, Vail Chamber and Business Association, reported she had received a call from Don Rogers of the Vail Daily, regarding the article criticizing Vail merchants. Rogers stated he made an error in judgment and had intended. to give a reflection of rents in Vail. A retraction was written in the March 13th paper apologizing for the error. Rogers was also looking for volunteers to form a reader panel which will provide i feedback for improvement of the paper. Ferry thanked Rogers publicly for correcting these things. The second item on the agenda was the DRB/PEC/AIPP Appointments. Mayor Kurz thanked all who applied for the positions and encouraged those not elected to submit their applications again in the future. Greg Moffet then moved to appointment Tracy Morrison Gordon, Kyle Webb, and Jennifer Mason to the Art in Public Places (AIPP) board. Rod Slifer seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet moved to appoint Clark Brittain, Margaret Garvey Rogers, and Hans Woldrich to the Design Review Board (DRB). Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Greg Moffet moved to appoint Gary Hartman, Erickson Shirley, George Lamb, and Roland Kjesbo to the Planning and Environmental Commission (PEC). Diana Donovan seconded the motion. A vote. was taken and the motion passed unanimously, 7-0. Greg Moffet reminded staff to promptly advise applicants, both the appointees and the applicants that were not chosen, of the outcome of the election. The third item on the agenda was the VRI Front Door Discussion. Mayor Kurz asked all participants to speak into the microphone or to use the hand-held microphones when commenting on the project. Charlie Penwill, representing Vail Resorts, Inc. and several representatives from VRI and the Urban Design Group were on hand for the presentation. Penwill encouraged questions at the end of presentation. Ethan Moore, Design Workshop, addressed the Council, stating this was the second project being proposed by Vail Resorts, Inc. The areas to be discussed included: Vista Bahn ski yard. New skier services facility Vail Village Park Renovation of Upper Village Streetscape Mountain Road The Lodge at Vail Spa Lodge at Vail Residence Club Sources of funding were discussed. Penwill stated The Lodge at Vail Residence Club with its 12 units would be a big factor in the progress of this project. Ron Byrne, local resident and real estate broker, expressed concerns regarding the density of the project, asking the Council to consider public spaces and to provide something to do at the end of the day. A sheet of ice similar to the one in Beaver Creek was also a suggestion to incorporate into the plans. Other issues brought up were use of escalators and skier drop off areas. Tom Steinberg, long time resident and former Councilmember, requested the Council make sure the two projects being proposed by Vail Resorts were done in an environmentally friendly 2 manner. Penwill also stated the plan included a 300 acre land swap with the U.S. Forest Service to acquire two acres of land near the Vista Bahn in exchange for nearly 300 acres of land owned by Vail Resorts. The 300 acres are located in South Game Creek and in the. Mud Springs area at Beaver Creek. Jim Lamont, Vail Village Homeowners Association, addressed the Council, recalling the meetings over the past decade. Adjacent property owners concerns need to be addressed, but he expressed the association's support of the projects. The audience was reminded by Kurz that no application had been received by the town at this time. Penwill stated an application was planned to be filed within 45 days, with plans to start construction in the fall of 2003 or spring of 2004, with an 18-24 month construction period. Dick Cleveland asked about a timeframe on the land .trade. Tom Allendar of VRI, stated an application had been submitted, and thought a decision from the Forest Service would be reached in the next 18 months. Penwill stated he was hopeful of a positive decision but had all intentions of going forward with the proposal regardless of whether the forest service application was approved. The audience generally responded favorably to the presentation and expressed appreciation to Vail Resorts in keeping the public informed as to their progress. Penwill stated further discussions would be forthcoming as the projects progressed. The fourth item on the agenda was the Village Streetscape discussion regarding coordinated project with Eagle River Water Sanitation District waterline replacement project, to include: Scope and Phases, Heating discussion, Funding Options, and Next Steps. Kurz stated the discussion could be shortened, as the work on Hanson Ranch Road had been postponed until next spring. Rick Sackbauer of the Eagle River Water and Sanitation District addressed the Council, requesting the Council's support working with the district to coordinate the project to the best advantage of both parties. Discussion was held regarding heated sidewalks vs. snow on the ground, working with the water district to coordinate projects, the hiring of a project designer to oversee the project, development of streetscape designs and cost alternatives. .Council directed staff to create a series of pricing and design options for Council's evaluation. The fifth item on the agenda was Resolution #2: Request to modify the rockfall hazard maps to show approved mitigation for the Booth Falls Townhomes located at 3094 Booth Falls Court/Lot 1, Block 2, Vail Village 12th Filing. Russ Forrest, Community Development Director, addressed the Council, stating the Booth Falls Homeowners Association is requesting that the Town of Vail amend its hazard maps to show that approved mitigation exists for the high severity rockfall hazard area that exists on this property. The Association completed the construction of a rockfall mitigation wall in November of 2001. This wall was designed to mitigate the high severity rockfall hazard present on the site. An engineer and the Colorado Geological Survey has concluded that the wall will effectively protect the property from reasonably foreseeable rockfall hazards. Mayor Kurz stated the resolution had been discussed at the afternoon work session. Diana Donovan moved to approve Resolution #2. Rod Slifer seconded the motion. Donovan then amended her motion to reference the findings on the bottom of page 1 of the staff memo dated 3/11 /02. Slifer amended his motion. A vote was taken and the motion passed unanimously, 7-0. 3 The sixth item on the agenda was Ordinance #7, Series of 2002, first reading, an ordinance adopting the Town of Vail Commission on Special Events (CSE) and guidelines; establishing a commission for the process of reviewing proposed public special events for the Town of Vail; and setting forth details in regard thereto. Council was advised two ordinances were being presented with regard to the Commission on Special Events. One was staff produced and deals with the skeletal construction of this commission, thus allowing for operational policy to be formulated with more latitude and as Council more clearly defines the Commission's role. Also included was a second ordinance that included more specifics in regard to the special events manager and policy objectives than is ordinarily included in these organizational ordinances. Greg Moffet made a motion to table Ordinance #7 to the next regular meeting. Rod Slifer seconded the motion. Mayor Kurz stated for the record the Council had discussed the ordinance at the afternoon work session. Council had received input from the Vail Chamber and Business Association and Vail Valley Chamber and Tourism Bureau, who have jointly proposed formation of a private 501-c3 Special Events Commission as an alternative. A vote was taken on the motion and the motion passed unanimously, 7-0. The seventh item on the agenda was the approval of Intergovernmental Agreement regarding Los Amigos deck lease. Town Attorney Matt Mire informed the Council the basis of the agreement was like the agreement the town had with the Lodge at Vail. Rod Slifer .made a motion to approve the intergovernmental agreement. Greg .Moffet seconded the motion. Diana Donovan questioned the length ofthe agreement. Attorney Mire stated it was a one year lease, although the specific event for which this is requested is a 1 day event. Donovan questioned the possibility of using the agreement for multiple parties. Mire explained that would not be possible, as each event needed to be approved by the Local Licensing Authority. A vote was taken on the motion and the motion passed unanimously, 7-0. The eighth. itern on the agenda was the Town Manager's Report. Town Manager McLaurin stated he had nothing to add to the report. As there was no further business, Greg. Moffet made a motion to adjourn. Bill Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-0, and the meeting was adjourned at 9:20 P.M. Respectfully submitted, Ludwig Kurz, Mayor 4 ATTEST: Lorelei Donaldson Town Clerk Minutes taken by Mary A. Caster Ea le River L° g Watershed Council TO MEMBERS OF VAIL TOWN COUNCIL FROM CAROLINE BRADFORD, EAGLE RIVER WATERSHED COUNCIL DATE APRIL 2, 2002 SUBJECT BLACK GORE CREEK PROGRESS UPDATE & FUNDING REQUEST First, let me thank you for the Town of Vail's strong support of our efforts to date. Your commitment to resolving the issue of traction sand pollution of Black Gore Creek is vital to our progress thus far. We must prevent the years of accumulated traction sand from making its way down into Gore Creek in Vail. Vail's water quality and fishing habitat depend on our success. Attached to this memo are a brief recap of our accomplishments since last fall and a list of the work projects that your matching funds help to construct. Thank you for renewing your financial support of our efforts. Funds from the Town of Vail are heavily leveraged for success. Every dollar invested in these efforts ensures that CDOT will continue to focus on resolving the problem by committing significant resources to the site. HISTORY OF SUPPORT: 2001 Allocation $10,000 $10,000 $20,000 REQUEST: 2002 Allocation Request $15, 000 $20.000 $3 5,000 Thank you For sand work on collaborative project October 2001 (A portion leveraged on new project for spring 2002.) For successful ERWC efforts to focus attention on issue. For sand work on collaborative project #2. (See attached.) For ERWC lobbying efforts on Black Gore Creek. Thank you for your collaborative approach to the difficult issue of traction sand and sedimentation on Vail Pass. By keeping attention focused on this issue with such a wide variety of partners, we are assured of continued progress. It is our goal to secure the major funding needed to prevent the continued degradation of Black Lakes, Black Gore Creek, and Gore Creek in Vail. We appreciate your support. ~({~ P.S. YOUARE INVITED TO JOIN US ON... ~'~ Thursday, Apri118, 2002 7:00-9:00 PM Vail Town Council Chambers Presentation of the Sediment Control Action Plan by CDOT Public comment period ends Apri131. Action Plan scheduled to be completed by May 31. Tuesday, June 18, 2002 Specific Time TBD -Mid day Vail Pass Black Gore Creek Site Tour Black Gore Creek Steering Committee members and stakeholders will tour project sites. Eagle River Watershed Council Tel 970-827-5406 Fax 970-827-5412 bradfordCa~rail.net P.O. Box 430 Minturn, CO 81645 BLACK GORE CREEK RECAP OF SEDIMENT CONTROL ACTIVITIES & PROJECTS CDOT INCREASED MAINTENANCE ACTIVITIES / JULY -OCTOBER 2001 Description: Significant increase in sediment maintenance levels of service on Vail Pass made possible by a special allocation of funds from the Transportation Commissioners for Black Gore. CDOT $2,481 Machine sweeping CDOT $8,341 Drainage structures CDOT $22,591 Ditch cleaning CDOT $50,000 Remove sand from behind jersey barriers* $83,413 *This project was done. under contract, not by CDOT staff. COMPLETED COLLABORATIVE SEDIlVIENT CONTROL PROJECT / OCTOBER 2001 Description: Sediment retention basin constructed (westbound side of Interstate) between Sand Castle and trucker's bathroom. Project managed by ERWSD consultant, Bob Weaver of Hydrosphere. CDOT $20,000 Allocation from Transportation Commissioners TOV $4,000 Partial allocation of $10,000 pledge in 2001 ERWSD $6,461 $30,461 CONFIRMED COLLABORATIVE SEDIMENT CONTROL PROJECT #1 / SUMMER 2002 Description: Install several additional sediment retention basins (westbound side of Interstate) that will collect sediment before it enters upper Black Gore Creek and Black Lake No. 2. Project managed by ERWSD consultant, Bob Weaver of Hydrosphere. 319 Grant $142,500 This grant is still pending. High probability. CDOT $75,000 Allocation from Transportation Commissioners ERWSD $14,000 TOV $6.000 Carried forward from allocation in 2001 $237, 500 PROPOSED COLLABORATIVE SEDIMENT CONTROL PROJECT #2 ^ SUMMER 2002 Description: This project is currently being developed in cooperation with CDOT, ERWSD, and various members of the Black Gore Creek Steering Committee. It will be the highest priority project outlined in the Sediment Control Action Plan priority list that fits this proposed budget. CDOT $300,722 Transportation Enhancement Funds CDOT $25,180 Allocation from Transportation Commissioners ERWSD $15,000 Proposed funding partner not confirmed** TOV $15,000 Proposed funding partner not confirmed** Eagle County $20,000 Proposed funding partner not confirmed** $375,902 **ERWC to raise $50,000 from local stakeholders to provide a match for federal and state project funds. Additional funds needed for ERWC lobbying expenses and coordination efforts are separate from sand clean up project costs. Eagle River Watershed Council Tel 970-827-5406 Fax 970-827-5412 Bradford Wail.net P.O. Box 430 Minturn, CO 81645 BLACK GORE CREEK STEERING COMMITTEE ACCOMPLISHMENTS MADE POSSIBLE BY TOWN OF VAIL SUPPORT AUGUST 2001 / Requested financial support from Town of Vail, Vail Resorts, Eagle River Water & Sanitation District, & CDOT for sediment retention project adjacent to "Sand Castle." SEPTEMBER / Local funding partners commit to joint project. / Project put on hold by CDOT pullout. ERWC increases discussions with CDOT. / Increased participation in Black Gore Creek Steering Committee results in USFS strong support of CDOT action and proposed project. OCTOBER / Problems resolved with CDOT regarding proposed project. / Small project is completed under direction of Hydrosphere for ERWSD. / Paving of retention basin completed as first snow flies. / Enlarged sound berms reseeded in East Vail. NOVEMBER / Transportation Commission commits $75,000 for sand clean up to Black Gore Creek. / More participation in Steering Committee; increased progress by subcommittees. / Priority project identified by members of the Steering Committee with CDOT. (See board.) This project will address sand flowing from north side of Interstate just west of Sand Castle through culverts under the highway into Black Lakes. / Matching grants applied for by ERWSD with support from CDOT and ERWC for collaborative project. / Grant submitted to Environmental Protection Agency. (Request denied.) DECEMBER / Grant submitted to CDPHE Nonpoint Source Council for $142,500. (Decision in April.) / Total collaborative project#1 will cost $237,500 to be completed in summer 2002. JANUARY 2002 / Progress by CDOT's consultant in developing a Sediment Control Action Plan. / Lobbying efforts with CDOT's Policy Director. / Prepared brief for County Commissioners to take to Washington, D.C. (See attached.) / CDOT commits $375,000 from Transportation Enhancement funds and $40,000 from special Transportation Commissioners allocation for project this year. ERWC needs to raise $50,000 match for a total project of $468,000. FEBRUARY / Eagle County Commissioners take briefing paper to Congress asking for $15 Million / CDOT revises Transportation Enhancement downwards from $375,000 to $300,722. MARCH -APRIL / 319 Grant from Nonpoint Source Council receives high marks. Final decision soon. / Project #2 being developed in conjunction with CDOT regions 1 & 3 with BGCSC input. / Local matching funds sought from partners for "Project #2" / ERWC, USFS, Eagle Co. to update Transportation Commissioners April 11 in Denver / Scheduled presentation of draft Sediment Control Action Plan to Steering Committee and Stakeholders on April 18, 7:00 PM at Town of Vail Council Chambers Eagle River Watershed Council Tel 970-827-5406 Fax 970-827-5412 bradford~rail.net P.O. Box 430 Minturn, CO 51645 •~ BRIEFING PAPER SUMMARY POINTS ISSUE: CONTROL MEASURES ON INTERSTATE 70 TO ELIMINATE SOURCE WATER POLLUTION TO BLACK GORE CREEK, EAGLE COUNTY, COLORADO The application on Interstate 70 of over 300,000 ;_~ E ~ ~-'`.r~s ~ ,Y ~~ ' p'' °':~~ t tons of traction sand (95% sand/5% salt mixture) ~ ~` "~. , . ~ ~~" ~~~° -- ~ '``" in the past 30 years has significantly degraded ,~, ~` ~, 3 -~:; ,~ _, ~, the high alpine waterway of Black Gore Creek, a "'~' ' ~ ; I~ -~~ ~_ - clear violation of The Clean Water Act. Interstate - _ 70, which parallels Black Gore Creek, was sited - by the Federal Department of Transportation ~ _ ~~ -~ - _ without fully comprehending or planning for the ~ -- ' . ,~,' ;, consequences of maintenance activities of that -, - ~:,.M1 _ j,~> decision. : ~ - ~-~'~"'~.:- y . ,. The continued degradation of Black Gore Creek .r~<~? `` ~ y - - _ - --. must be prevented by implementing source - ~-" control measures to stop the sand from leaving Interstate 70 and reaching the stream. In addition, the historical sand from Interstate 70 must be cleaned up. Funding solutions need to be developed without impacting local road projects in Eagle County, Colorado. DESIRED CONGRESSIONAL ACTION: An increase of $15 Million Dollars for the Colorado Department of Transportation, (CDOT) specifically designated to implement the Sediment Control Action Plan developed by the Colorado Department of Transportation for Black Gore Creek in the FY 2004 budget. !. KEY FACTS Location: Black Gore Creek, a 21.3 mile long stream, winds back and forth under Interstate 70 from the summit of Vail Pass to the confluence with Gore Creek in Vail. This once pristine alpine stream is now degraded with traction sand. The stream is located entirely in the White River National Forest within approximately 450 feet of the highway. History: In order to maintain this high altitude (10,603' elevation) highway for heavy interstate truck traffic during winter storms, 15-20 thousand tons of traction sand are applied to the pavement each year. This sand is then plowed or erodes directly into the riparian corridor of Black Gore Creek. The scope of the problem is outside the parameters of routine annual maintenance activities undertaken by CDOT staff. Scope of the problem: In many places, the sand is now four to six feet deep. Over 300,000 tons of traction sand have been applied in the past 30 years. (s°ur°e: cool) Historically, maintenance activities have been inadequate to deal with the problem. Removai of accumulated sand may be impossible in a limited number of sites, though in many other places, the sand is accessible and could be removed. - Major change in treatment methods not anticipated: In addition to 90,117 tons of traction sand in the past five years, over 120,000 gallons of magnesium chloride have been applied to this 10 mile stretch of Interstate. (sour°e: cooT,~99s-2000, 1 Due to the heavy interstate truck traffic on 1-70, the massive use of traction sand will not be replaced by the growing use of chemical de-icers. (Although still being studied, the use of magnesium chloride does not appear to have the same negative impacts to the environment as the use of sand and salt.) CDOT successfully combines these two methods of treating the highway to maintain the flow of traffic during winter storms. Pll9 This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee for the Eagle County Commissioners. Please call 970-827-5406 or email bradford~vail.net for more information. Impacts of Traction Sand: r Traction sand migrates into Black Gore Creek, smothers vegetation, kills the root system of trees, eliminates healthy bug habitat and fills the spawning beds of native fish species. r Traction sand reduces wetland areas located along the interstate and destroys these valuable protected ecosystems by covering them in sand. - Traction sand migration downstream will impact the Gold Medal Trout Fishery in Vail. Fly-fishing is valued at $20 million per year to our local economy. We must ensure there are no negative impacts from sand to this important recreational component of our economy. ~ Traction sand has degraded the water quality of Black Gore Creek causing added costs associated with providing clean drinking water. Traction sand accumulates in Black Lakes, encroaching upon the storage capacity of water supply reservoirs that serve the Town of Vail, and are used to maintain in-stream flows. ~~ 4 ~~ . ,, _~.;; Current Activities: The Black Gore Creek Steering Committee, formed in June 1998, has improved communications and collaboration among stakeholders to address this issue. This committee consists of approximately forty staff and elected officials from federal, state and local agencies as well as representatives from environmental groups, water providers, and local businesses. The Eagle River Watershed Council coordinates this committee. in 2001, CDOT constructed a large covered sand storage shed at the summit of Vail Pass, which is already having measurable benefits. Additional small demonstration projects in 2000/2001 include the remediation of one wetland area in the vicinity of Black Lake, the removal of sand behind jersey barriers along a two mile stretch of Interstate 70, and the construction of a small sediment retention facility adjacent to the sand shed. PROPOSED SOLUTION Implement the Sediment Control Action Plan (SOAP) The action plan being prepared by the Colorado Department of Transportation focuses on removing the source of sand entering Black Gore Creek and the sand located within 30 feet of the pavement. This is the first phase of the necessary action to address this problem in its entirety. We must also plan for action that will address the accumulated sand directly in the riparian corridor. Major steps in the CDOT action plan to address source control measures include: a. removing annual accumulated sand deposits and revegetating disturbed areas; b. paving road shoulders to facilitate routine collection of sand; c. constructing and maintaining new sediment retention facilities; d. installing barriers to prevent mixing of clean snowmelt with traction sand; and e. implementing Best Management Practices for maintenance activities. Identify and implement strategies to address old sand in the riparian corridor. a vs This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee for the Eagle County Commissioners. Please call 970-827-5406 or email bradford~vail.net for more information. I11. OUTCOMES OF PROPOSED SOLUTION Avoid Litigation Related to the Violation of the Clean Water Act The proposed solution will enhance the ability of the Colorado Department of Transportation to fully comply with the terms of their highway easement deed (May 14, 1982). Under this agreement, they must "prevent soil erosion and maintain all preventive works as necessary to control sediment and its effects" in order "to protect Federal lands administered by the United States Forest Service." Avoid 303d Listing -Total Daily Maximum Load. Black Gore Creek is on the Colorado Department of Public Health & Environment's (303d) Monitoring List to evaluate traction sand impacts and determine whether or not a limit on sediment loading should be imposed. Enhanced Cooperation Federal funding for the implementation of the Sediment Control Action Plan would be a showcase for proactive cooperation among stakeholders addressing complex environmental problems without litigation. IV. TIMELINE FOR KEY MILESTONES April 2002 Review of CDOT's draft Sediment Control Action Plan by Black Gore Creek Steering Committee members. Public comment period May 2002 CDOT submits Sediment Control Action Plan to Colorado Transportation Commission for comment and review. Revised plan is completed by May 31,'02. June 2002 Adoption of Sediment Control Action Plan by the Colorado Transportation Commission. Tour of site by elected officials and key stakeholder staff. July 2002 Continuation of planned demonstration projects in cooperation with CDOT and Black Gore Creek Steering Committee partners. 2002/2003 Obtain necessary permits and complete design work for implementation of CDOT Sediment Control Action Plan in anticipation of federal funding in FY 2004. 2003 Congressional action securing an increase of $15 million in federal funding for CDOT to implement Sediment Control Action Plan for Black Gore Creek during FY `04. 2004 Begin construction of source control measures outlined in CDOT action plan. ~i,~~':, ,y-.. „ :, =~ ~.. ~ ._ P 3l3 This brief was prepared by the Eagle River Watershed Council in collaboration with members of the Black Gore Creek Steering Committee for the Eagle County Commissioners. Please call 970-827-5406 or email bradford ..vail.net for more information.