HomeMy WebLinkAbout2002-06-04 Support Documentation Town Council Evening SessionTOWN COUNCIL
EVENING MEETING
TUESDAY, JUNE 4, 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:
Approval of May 7 and 21, 2002, meeting minutes. (5 min.)
3. ITEM/TOPIC: Special Events Commission Appointments.
(15 min.)
4. APPOINTMENT OF THE JOINT TOV/VRD SUBCOMMITTEE
(5 min.)
BACKGROUND RATIONALE: At Council's April 16th meeting,
direction was given to "reinstate" the Joint TOV/VRD
Subcommittee. In the-past, two members from each organization
have served. Diana Donovan currently holds this appointment, so
a second Councilmember should be appointed.
5.
Greg Hall ITEM/TOPIC: Approval of Steetscape Design Consultant. (15 min.)
ACTION REQUESTED OF COUNCIL: Approval of the streetscape
selection team's recommendation for the Town Manager to enter into
a contract for the design development of the construction phasing of
the Vail Village streetscape
BACKGROUND RATIONALE: The Eagle River WaterAnd Sanitation
District need to replace the waterlines In Vall Village and the Town's
desire to complete the streetscape once the lines are complete
requires the town to have a design. The need for the streetscape to
be carried from the master plan level to the design development level,
investigate and decide on heating of the streets or not determine the
cor~struCtion phaair~g of the improvernent~ aIC~~~ with the waterlines
requires the use of design consultant. RFP's were sent out and
seven proposals were received and reviewed by the selection
committee and the finalists were interviewed. Further interviews and
discussions following the formal interviews will result in a preferred
consultant. T
STAFF RECOMMENDATION: We will bring the team's preferred
consultant to the Town Council for authorization to have the Town
Manger proceed in final negotiations and execute a contract to hire
the consultant to perform the work scope.
6.
Allison Ochs ITEM/TOPIC:
F:mcaster/agendas/tc/2002/052102
An appeal of the Design Review Board denial of DRB02-0070, a new
Primary residence with a Type I EHU, located at 1880 W. Gore Creek
Drive/Lot 48, Vail Village West 1st Filing. (30 min.)
Applicant/Appellant: DMC Inc
ACTION REQUESTED OF COUNCIL:
Uphold, Uphold with modifications, or Overturn the Design Review
Board's decision.
BACKGROUND RATIONALE:
The Design Review Board conceptually reviewed the proposed
structure, located at 1880 W. Gore Creek Dr. /Lot 48, Vail Village
West 1st Filing, on April 17, 2002. Primarily, their comments and
concerns focused on the mirror image of the duplex. On May 1,
2002, the Design Review Board reviewed the revised plans for the
proposed structure. The Design Review Board voted 5-0 to deny
the application based on the lack of compliance with the Design
Guidelines. A complete analysis is provided in the staff
memorandum.
RECOMMENDATION:
The Department of Community Development recommends that the
Town Council uphold the Design Review Board's decision pursuant
to the above-listed findings.
7. ITEM/TOPIC: Ordinance #12, Series of 2002, first reading,
regarding towing practices. (15 min.)
First reading of Ordinance 12, Series 2002, amending the Vail Town
Code to allow the Town to contract for the removal, storage and/or
disposal of abandoned vehicles within the Town of Vail.
ACTION REQUESTED OF COUNCIL: Approve Ordinance 12 on first
reading.
BACKGROUND RATIONALE: A request for this amendment was
made by the Town of Vail Police Department and Chief Dwight
Henninger due to the inordinate amount of time and resources the
P.D. spends dealing with the removal, storage and sale of abandoned
vehicles.
STAFF RECOMMENDATION: Approve Ordinance 12 on first
reading.
8. ITEM/TOPIC:
George Ruther First reading of Ordinance No. 6, Series of 2002, an ordinance
permitting off-site advertising. (20 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications, or deny Ordinance No. 6 on first
reading.
BACKGROUND RATIONALE:
On February 19, 2002, Rick Scalpello, of Vail Today, along with
several of the restaurant, lodging and gas station owners in West Vail
appeared before the Town Council to request permission from the
Vail Town Council to place additional informational signs along I-70 in
F:mcaster/agendas/tc/2002/052102
the vicinity of the West Vail exit. The informational signs are blue in
color and intended to inform motorist of the services available at the
upcoming interstate exit. The Vail Town Council gave direction to
staff to proceed to the Planning & Environmental Commission with a
text amendment that would facilitate the installation of I-70 advertising
signs. In providing this direction, the Council stated that the sign
installation shall only be eligible for West Vail businesses and that no
direction sign shall be placed along the off ramps or frontage roads.
The staff appeared before the Commission on two occasions to
discuss the text amendment. On March 25, 2002, the Planning &
Environmental Commission voted to table the item until several
questions could be addressed.
On April 8, 2002, the staff again appeared before the Commission.
The purpose of the meeting was to respond to four question raised by
the Commission at the March 25th meeting. Following discussion on
the proposed text amendment and two failed motions, the
Commission voted to recommend denial of the request to the Vail
Town Council.
On May 7, 2002, the Community Development Department appeared
before the Vail Town Council and presented the status of the project
to date. Upon completion of the staff's presentation the Council
requested the staff return at a later date with an -ordinance for
Council's consideration.
A copy of the draft ordinance has been attached for consideration.
9.
Matt Mire ITEM/TOPIC: Ordinance No. 13, Series 2002, repealing and
reenacting Ordinance No. 7, Series of 2002, Commission on Special
Events. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13
BACKGROUND RATIONALE: Ordinance No. 13 will simply correct a
typographical error in Ordinance No. 7, Series of 2002.
STAFF RECOMMENDATION: Approve Ordinance No. 13.
10. ITEM/TOPIC: Ordinance #8, Series of 2002,.2"d reading.
Bill Gibson An ordinance repealing and reenacting Ordinance No. 8, Series of
1992, providing for the re-establishment of Special Development
District No. 28, Christiania at Vail, adopting a development plan for
Special Development District No. 28, and providing for
amendments to Special Development District No. 28, Christiania at
Vail, in regard to changes in the number of dwelling units,
modifications in common area and gross residential floor area
square footages, and amendments to the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and
setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 8, Series of 2002, on second
reading.
BACKGROUND RATIONALE:
F:mcaster/agendas/tc/2002/052102
The applicants, Gail and Richard Siegal represented by Morter
Architecture, are proposing to consolidate Units 410 and 420 at the
Christiania at Vail into a single dwelling unit. The proposed
consolidation of these two units will constitute an elimination of one
dwelling unit from the site. The property is zoned Special
Development District No. 28, with an underlying zoning of Public
Accommodation. Based upon the provisions of Section 12-9A-2,
Vail Town Code, any change in the number of dwelling units within
a special development district (SDD) requires the approval of a
"major amendment" to that SDD. Therefore, the applicant is
requesting a major amendment to Special Development District No.
28, in regard to changes in the number of dwelling units,
modifications in common area and gross residential floor area
square footages, and amendments to the development plan for the
Christiania at Vail.
At its March 25, 2002, public hearing the Planning and.
Environmental Commission reviewed the proposal and voted to
forward a recommendation of approval to the Town Council for the
proposed major amendment to Special Development District No.
28. The Planning and Environmental Commission's findings and
recommended conditions of approval are identified in the March 25,
2002, staff memorandum to the Commission.
At its May 21, 2002, public hearing the Town Council voted 6-1 to
approve Ordinance No. 8, Series of 2002, on first reading subject
to the conditions of approval identified in the staff memorandum.
STAFF RECOMMENDATION:
The Community Development Department recommends that the
Town Council approve Ordinance No. 8, Series of 2002, on second
reading.
11. Town Manager's Report. (5 minutes)
12. Adjournment (9:05 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, JUNE 18, 2002, BEGINNING AT 2:00 P.M. IN THE TOV
COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, JUNE 18, 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/2002/052102
~ r~u~ ~ ~ ~~ ~=~.~u.. ~ r
Gerry Sandberg
Box 398
Eagle, Colorado 81631
Home: 970-524-7647
Cell: 970-471-6222
sa nd bergCa~centu rytel. net
As many of you already know, I am a Democratic candidate for Eagle County
Commissioner and I will be opposing the Republican incumbent for that office. I would like
to give you a very brief synopsis of who 1 am, but first let me thank those of you who have
given your time and energy to make local government work for the benefit of all.
My overriding belief is that the office of county commissioner should not be a political
office, but a public service office driven by community service and consensus building.
am instilled with a sense of obligation to help preserve Eagle County's past, while at the
same time ensuring that we work for a better future keeping in mind why we choose to live
here.
Briefly, my public service background in Eagle County includes seven years of
service on the Eagle County Board of Education, the Gypsum Town Council and the
Colorado State Wildlife Management Public Education and Advisory Board, representing
Western Slope Municipalities. Additionally, I have had the privilege to serve on numerous
other committees and boards throughout Eagle County.
My family has deep roots here, dating back over a century. Judge Andy Gerard, my
father-in-law, who served as the Eagle County Judge for over twenty years, still lives in the
house he was born in on Gypsum Creek. My wife, Arleen, Administrator for the 5th J.D.
District Attorney's Office, serves on the Western Eagle County Ambulance District Board,
as well as other numerous community committees and volunteer activities. The rhythm of
my heart, my daughter Annika, is 10 years old, in 4th grade at Gypsum Elementary School.
Professionally, Ihave served the citizens of Eagle, Lake, Summit and Clear Creek
Counties for the last 17 years as Chief Investigator for the 5th J.D. District Attorney's Office.
Before coming to Eagle County in 1980, I was a teacher in Illinois for 10 years. My
Master's Degree in Education came after serving for four years active duty with the United
States Marine Corps.
Again, this is a brief synopsis of who I am and I stand ready to serve you. At this
time I am asking for your endorsement and support so I may do so.
Respectfully,
TOWN COUNCIL
EVENING MEETING
TUESDAY, MAY 7, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz
at 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 PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Cal Wettstein, Holy Cross District Ranger for the White River National Forest,
addressed the Council, announcing an upcoming visit by Gov. Bill Owens on May 21St
Wettstein also stated there would be no controlled burn on Booth Creek this year. Pine
Beetle treatment was also discussed.
Flo Steinberg, long time Vail resident, inquired about possible conflicts between town
ordinances that regulate the removal of trees and the Fire Department's advocacy of
defensible spaces to reduce the threat of wildfire. Steinberg encouraged the town to
expedite the ability for property owners to cut down trees if they become a hazard.
The second item on the agenda was a Proclamation for National Police Week. Dick
Cleveland read the proclamation into the record. Police Chief Henninger and fellow
police officers accepted the proclamation. Kurz thanked Chief Henninger and his staff
for their service over the year and for those that have fallen in the line of duty.
Greg Moffet moved to approve the minutes of the April 2 and 16, 2002 meetings. Bill
Jewitt seconded the motion. Greg Moffet stated he would abstain from voting, as he
1
was not in attendance at the April 16`" meeting. A vote was taken on the motion and the
motion passed 6-0, Moffet abstaining.
The third item on the agenda was the authorization by the Council to the Town
Manager to enter into a contract with the selected architect for the Donovan Park
Pavilion and Authorization for the Town Manager to Sign Said Contract.
Mayor Kurz stated the selection committee, comprised of four councilmembers and
three citizens, would be meeting this week to select a finalist from 18 submissions.
Diana Donovan stated a public meeting would be held as soon as an architect had
been hired. Donovan also stated the town hoped to break ground this August. Greg
Moffet made a motion to authorize the town manager to sign a contract with an
architect to redesign the Donovan Park community pavilion. Rod Slifer seconded the
motion. Dick Cleveland asked that the motion be amended to read "authorized to
negotiate and authorize to sign" a contract. Moffet amended his motion and Slifer
amended his second. Flo Steinberg addressed the Council, asking how the 3 citizens
were chosen for the committee. Steinberg was advised that announcements were
placed in the newspapers six weeks ago, asking for participants. Three applicants were
selected from the applications: Kent Rose, Farrow Hitt, and Anne Fitz. A Request For
Qualifications (RFQ) was then sent out, with 18 respondents. Four applicants were
selected from these submittals, then 2 finalists were interviewed, with the selection of
VAg, Inc., as the preferred architect. A vote was taken on the earlier motion and
passed unanimously, 7-0.
The fourth item on the agenda was a discussion of Off-Site Advertising, a request to place
additional "food, lodging and gas" signs along I-70 at the West Vail exit. Head Planner
George Ruther lead the discussion, giving background as to how the request had been
presented to the town. On February 19, 2002, Rick Scalpello, of Vail Today, along with
several of the restaurant, lodging and gas station owners in West Vail appeared before the
Town Council to request permission from the Vail Town Council to place additional
informational signs along I-70 in the vicinity of the West Vail exit. The Vail Town Council
gave direction to staff to proceed to the Planning & Environmental Commission with a text
amendment that would facilitate the installation of I-70 advertising signs to be placed in
West Vail only. The staff appeared before the Commission on two occasions to discuss the
text amendment. On March 25, 2002, the Planning & Environmental Commission voted to
table the item until several questions could be addressed. On April 8, 2002, the staff again
appeared before the Commission. The purpose of the meeting was to respond to four
questions raised by the Commission at the March 25th meeting. Following discussion on
the proposed text amendment and two failed motions, the Commission voted to
recommend denial of the request to the Vail Town Council. Diana Donovan inquired why
the Council was hearing this when the Planning and Environmental Commission (PEC) had
turned down the request. Ruther stated the PEC was an advisory commission to the Town
Council and was acting on the Council's request for a change in the sign code.
Rick Scalpello spoke regarding the initial background of proposal, stating the original
intent was to attract highway motorists to West Vail, as opposed to Vail visitors.
2
Scalpello stated travelers were accustomed to watching for highway signs and most
outlying towns had them. Scalpello stated these signs would be of no cost to the town,
and would be paid for by the participating merchants, which would improve revenues for
the town of Vail. Discussion followed regarding the use of additional signs along the
off-ramps, which the Council did not approve ,and the fact that main Vail and East Vail
merchants would not be included in the program, and as well, the use of the current
international signs. Local West Vail business owners addressed the Council,
expressing their interest in having these signs, stating that studies done on surrounding
areas proved increases in revenues after the signs had been installed.
Representatives from McDonald's, Half Moon Saloon, and Domino's Pizza, spoke in
favor of highway signs, noting 10 to 20 percent sales increases in sales as a result of
the signs. Sherry Duncan, from Wendy's, stated her business in Parachute, CO, was up
significantly since the installation of highway signs. Sonny Caster, West Vail Conoco,
asked for support from the town, stating sales bring revenue into town, and higher
volume allows dealers to operate on lower margins. Kaye Ferry, VCBA, expressed her
concerns over excluding the main Vail exit. Mayor Kurz called for a straw vote of the
Council. Bill Jewitt expressed his support for the west Vail exit only, stating the nature
of the businesses in West Vail were different than main or East Vail. Dick Cleveland
stated he was not in favor of logo signs, but would support the universal signs that are
up now. Rod Slifer expressed his support of the program, as well as Greg Moffet,
noting that sales tax is key. Diana Donovan agreed with Dick Cleveland's comments
regarding international signs, stating she felt Vail was lowering its standards in a period
of desperation and cheapening the community. Chuck Ogilby stated he did not feel the
highway signs would compete with the sign code and was in favor of them. A
representative from Colorado Logos, Inc. addressed the Council, stating the size of the
signs would be determined by how many businesses participated. After further
discussion, Council directed staff to prepare an ordinance amending the sign code to
allow for highway logo signs.
The fifth item on the agenda was the first reading of Ordinance #10, Series of 2002, an
ordinance designating two properties in the Town of Vail as open space as per Section
13.11 of the Town of Vail Charter. Russ Forrest, Director of Community Development,
presented the ordinance to the Council, stating there were two properties for
consideration -Vail Meadows Filing 2 (lots 1-4 in East Vail and the Bighorn Subdivision
Second Addition (lots 15 and 16) located on Lupine Drive near the East Vail waterfall.
Russell stated the East Vail property will remain as open space in perpetuity unless
voters agreed to change the use. The waterfall lots have an additional deed restriction
placed on them by the Eagle Valley Land Trust to preserve the parcels in perpetuity.
The properties had been forwarded to the Town Council for consideration by a three-
member Open Space Board of Trustees, which met on March 21. The board also
recommended consideration of a survey to identify private property encroachments
along the Gore Creek streamtract from Lionshead to Ford Park. Due to the complexity
of the project, the estimated cost of the survey is $50,000. Trustee member Galen
Aasland urged the Council to approve the survey, saying he was appalled by what he
3
saw during a recent site visit. Jim Lamont of the Vail Village Homeowners Association
urged caution, noting the need to carefully check town records and deeds for
encroachment approvals. Councilmembers expressed interest in discussing the
possibility of a survey at a future meeting.
The sixth item on the agenda was the second Reading of Ordinance No. 4, Series of
2002, an ordinance amending Title 12, Chapter 3, Administration and Enforcement, of
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. George
Ruther presented the ordinance to the Council, stating the changes from first reading
had been incorporated into the ordinance on second reading, including sequencing
issues and typos. Greg Moffet moved to approve Ordinance 4 on second reading. Bill
Jewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-
0.
The seventh item on the agenda was the second 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. George Ruther
addressed the Council, stating 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. Primary concerns were loading and delivery and odors coming
from the kitchen, as well as their reluctance to change the intent of the original
approval. After further discussion, Greg Moffet moved to approve Ordinance #5 on
second reading. Chuck Ogilby seconded the motion. A vote was taken and the motion
passed 4-3, Donovan, Jewitt, and Cleveland opposing.
The eighth item on the agenda was Ordinance #7, Series of 2002, second reading,
Commission on Special Events, 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. Matt Mire, Town Attorney, stated there had been no changes from
first reading. Rod Slifer moved to approve Ordinance #7 on second reading. Chuck
Ogilby seconded the motion. Greg Moffet stated he would be voting in opposition. Bill
Jewitt stated he would prefer the 501 c3 to make the commission successful. Kaye
Ferry, Vail Chamber and Business Association, stated she felt the special events would
be best served if handled privately and preferred to have a voting member of Council
4
on the board, and would continue to disagree on special events. A vote was taken on
the motion and the motion passed 5-2, Bill Jewitt and Greg Moffet opposing.
The ninth item on the agenda was Ordinance 9, Series of 2002, second reading,
regarding amending Ordinance No. 23, Series of 1995. regarding compensation of
Town Officials. Town Attorney Mire stated no changes had been made to the
ordinance from first reading. Dick Cleveland moved to approve Ordinance 9 on second
reading. Greg Moffet seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The tenth item on the agenda was the awarding of a bid proposal for Crack Sealing
and Slurry Sealing as part of the Capital Street Maintenance Program. Greg Hall,
Public Works Director, presented the bids to the Council, stating 8 bids were mailed out
for Crack Sealing and 4 bids for Slurry Seal. Hall stated Council was being asked to
approve both projects, which were under the budgeted amount.
The low bid for Crack Sealing:
$53,820.00
Superior Asphalt LC
Magna, UT.
The low bid for Slurry Sealing:
$90,699.62
Quality Paving CO.
Henderson, CO.
Greg Moffet moved to approve the two bids. Bill Jewitt seconded the motion. Greg Hall
reviewed the schedule for the sealing. A vote was taken on the motion and the motion
passed unanimously, 7-0.
The eleventh item on the agenda was the Town Manager's Report. Assistant Town
Manager Pam Brandmeyer outlined the proposed Farmer's Market program. The
Council was generally in favor of the proposal, although expressing concerns over
safety and transportation. Greg Moffet and Rod Slifer volunteered to present the Vail
Youth Recognition Awards to recipients from Vail Mountain School during graduation
ceremonies on May 29th. Chief Henninger will present the awards to the winners at
Battle Mountain High School on May 21St
Greg Moffet made a motion to adjourn the regular meeting and Bill Jewitt seconded the
motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was
adjourned at 9:15 P.M.
The Council then reconvened as the Vail Local Marketing District.
5
The Council expressed its interest in budgeting $100,000 in 2003 to help fund costs
associated with an appearance by the New York Philharmonic Orchestra as the Bravo!
Vail Valley Music Festival resident orchestra next summer. Council members said they
would determine which account the money will come from at a later date. Bravo's
request to the town for funding in 2004 and 2005 will be subject to annual appropriation.
A vote was taken to appoint four new members to the Vail Local Marketing District
Advisory Council. Mayor Kurz read the vote results as follows: Vail Resorts, Inc.,
which has designated Chris Jarnot as its representative; Mia Vlaar; Christine Werner,
and Kelli McDonald. Rod Slifer then made a motion to approve the nominees. Chuck
Ogilby seconded the motion. A vote taken and the motion passed unanimously.
Mayor Kurz stated the terms of each .appointment would be determined at a later date.
As there was no further business Greg Moffet moved to adjourn. Bill Jewitt seconded
the motion. A vote was taken and the motion passe unanimously, 7-0. The meeting
was adjourned at 10:00 p.m.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
6
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~~~ ~~.~
TOWN COUNCIL
EVENING MEETING
TUESDAY, MAY 7, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
~~
~-~ .
QRR.FT
The regular meeting of the Vail Town Council was called to order by Mayor Ludwig Kurz
at 7:00 p.m.
MEMBERS PRESENT:
STAFF PRESENT:
Ludwig Kurz, Mayor
Rod Slifer, Mayor Pro-Tem
Dick Cleveland
Diana Donovan
Bill Jewitt
Greg Moffet
Chuck Ogilby
Bob McLaurin, Town Manager
Pam Brandmeyer, Asst. Town Manager
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation.
Cal Wettstein, Holy Cross District Ranger for the White River National Forest,
addressed the Council, announcing an upcoming visit by Gov. Bill Owens on May 21St
Wettstein also stated there would be no controlled burn on Booth Creek this year. Pine
Beetle treatment was also discussed.
Fto Steinberg, long time Vail resident, inquired about possible conflicts between town
ordinances that regulate the removal of trees and the Fire Department's advocacy of
defensible spaces to reduce the threat of wildfire. Steinberg encouraged the town to
expedite the ability for property owners to cut down trees if they become a hazard.
The second item on the agenda was a Proclamation for National Police Week. Dick
Cleveland read the proclamation into the record. Police Chief Henninger and fellow
police officers accepted the proclamation. Kurz thanked Chief Henninger and his staff
for their servic ~~~c ttl,cJear and for those that have fallen in the line of duty.
Greg Moffet moved to approve the minutes of the April 2 and 16, 2002 n~~ Bill
Jewitt seconded the motion. Greg Moffet stated he would abstain from voting, as he
1
N
was not in attendance at the April 16th meeting. A vote was taken on the motion and the
motion passed 6-0, Moffet abstaining.
The third item on the agenda was the authorization by the Council to the Town
Manager to enter into a contract with the. selected architect for the Donovan Park
Pavilion and Authorization for the Town Manager to Sign Said Contract.
Mayor Kurz stated the selection committee, comprised of four councilmembers and
three citizens, would be meeting this week to select a finalist from 18 submissions.
Diana Donovan stated a public meeting would be held as soon as an architect had
been hired. Donovan also stated the town hoped to break ground this August. Greg
Moffet made a motion to authorize the town manager to sign a contract with an
architect to redesign the Donovan Park community pavilion. Rod Slifer seconded the
motion. Dick Cleveland asked that the motion be amended to read "authorized to
negotiate and authorize to sign" a contract. Moffet amended his motion and Slifer
amended his second. Flo Steinberg addressed the Council, asking how the 3 citizens
were chosen for the committee. Steinberg was advised that announcements were
placed in the newspapers six weeks ago, asking for participants. Three applicants were
selected from the applications: Kent Rose, Farrow Hitt, and Anne Fitz. A Request For
Qualifications (RFQ) was then sent out, with 18 respondents. Four applicants were
selected from these submittals, then 2 finalists were interviewed, with the selection of
VAg, Inc., as the preferred architect. A vote was taken on the earlier motion and
passed unanimously, 7-0.
The fourth item on the agenda was a discussion of Off-Site Advertising, a request to place
additional "food, lodging and gas" signs along I-70 at the West Vail exit. Head. Planner
George Ruther lead the discussion, giving background as to how the request had been
presented to the town. On February 19, 2002, Rick. Scalpello, of Vail Today, along with
several of the restaurant, lodging and gas station owners in West Vail appeared before the
Town Council to request permission from the Vail Town Council to place additional
informational signs along I-70 in the vicinity of the West Vail exit. The Vail Town Council
gave direction to staff to proceed to the Planning & Environmental Commission with a text
amendment that would facilitate the installation of I-70 advertising signs to be placed in
West Vail only. The staff appeared before the Commission on two occasions to discuss the
text amendment. On March 25, 2002, the Planning & Environmental Commission voted
to table the item until several questions could be addressed. On April 8, 2002, the staff
again appeared before the Commission. The purpose of the meeting was to respond to
four questions raised by the Commission at the March 25th meeting. Following discussion
on the proposed text amendment and two failed motions, the Commission voted to
recommend denial of the request to the Vail Town Council. Diana Donovan inquired why
the Council was hearing this when the Planning and Environmental Commission (PEC) had
turned down the request. Ruther stated the PEC was an advisory commission to the Town
Counnd was acting on the~ouncil's request for a change in the sign code.
Rick pello spoke regardingninitial background of proposal, stating the original intent
was to attract highway motorists to West Vail, as opposed to Vail visitors. Scalpello
2
stated travelers were accustomed to watching for highway signs and most outlying
towns had them. Scalpello stated these signs would be of no cost to the town, and
would be paid for by the participating merchants, which would improve revenues for the
town of Vail. Discussion followed regardin ~ -..use of additional signs along the off-
ramps, which the Council did not approve ~t fact at main Vail and East Vail
merchants would not be included in the pro am~an t e use of the current international
signs. Local West Vail business owners addressed the Council, expressing their
interest in having these signs, stating that studies done on surrounding areas proved
increases in revenues after the signs had been installed. Representatives from
McDonald's, Half Moon Saloon, and Domino's Pizza~'~poke in favor of highway signs,
noting 10 to 20 percent sales increases in sales as 5 result of the signs. Sherry
Duncan, from Wendy's, stated her business in Parachute, CO, was up significantly
since the installation of highway signs. Sonny Caster, West Vail Conoco, asked for
support from the town, stating sales bring revenue into town, and higher volume allows
dealers to operate on lower margins. Kaye Ferry, VCBA, expressed her concerns over
excluding the main Vail exit. Mayor Kurz called for a straw vote of the Council. Bill
Jewitt expressed his support for the west Vail exit only, stating the nature of the
businesses in ll~est Vail were different than main or East Vail. Dick Cleveland stated he
was not in favo go signs, but would support the universal signs that are up now. Rod
Slifer expressed his support of the program, as well as Greg Moffet, noting that sales
tax is key. Diana Donovan agreed with Dick Cleveland's comments regarding
international signs, stating she felt Vail was lowering its standards in a period of
desperation and cheapening the community. Chuck Ogilby stated he did not feel the
highwa signs would compete with the sign code and was in favor of them. Eric
Colorado Logos, Inc. addressed the Council, stating the size of the signs
~e determined by how many businesses participated. After further discussion,
Council directed staff to prepare an ordinance amending the sign code to allow for
highway logo signs.
The fifth item on the agenda was the first reading of Ordinance #10, Series of 2002, an
ordinance designating two properties in the Town of Vail as open space as per Section
13.11 of the Town of Vail Charter. Russ Forrest, Director of Community Development,
presented the ordinance to the Council, stating there were two properties for
consideration - Vai! Meadows Filing 2 (lots 1-4 in East Vail and the Bighorn Subdivision
Second Addition (lots 15 and 16) located on Lupine Drive near the East Vail waterfall.
Russell stated the East Vail property will remain as open space in perpetuity unless
voters agreed to change the use. The waterfall lots have an additional deed restriction
placed on them by the Eagle Valley Land Trust to preserve the parcels in perpetuity.
The properties had been forwarded to the Town Council for consideration by a three-
member Open Space Board of Trustees, which met on March 21. The board also
recommended consideration of a survey to identify private property encroachments
along the Gore Creek streamtract from Lionshead to Ford Park. Due to the complexity
of the project, the estimated cost of the survey is $50,000. Trustee member Galen
Aasland urged .the Council to approve the survey, saying he was appalled by what he
3
saw during a recent site visit. Jim Lamont of the Vail Village Homeowners Association
urged caution, noting the need to carefully check town records and deeds for
encroachment approvals. Councilmembers expressed interest in discussing the
possibility of a survey at a future meeting.
The sixth item on the agenda was the second Reading of Ordinance No. 4, Series of
2002, an ordinance amending Title 12, Chapter 3, Administration and Enforcement, of
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. George
Ruther presented the ordinance to the Council, stating the changes from first reading
had been incorporated into the ordinance on second reading, including sequencing
issues and typos. Greg Moffet moved to approve Ordinance 4 on second reading. Bill
Dewitt seconded the motion. A vote was taken and the motion passed unanimously, 7-
0.
The seventh item on the agenda was the second 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. George Ruher
addressed the Council, stating 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. Primary concerns were loading and delivery and odors coming
from the kitchen, as well as their reluctance to change the intent of the original
approval. After further discussion, Greg Moffet moved to approve Ordinance #5 on
second reading. Chuck Ogilby seconded the motion. A vote was taken and the motion
passed 4-3, Donovan, Dewitt, and Cleveland opposing.
The eighth item on the agenda was Ordinance #7, Series of 2002, second reading,
Commission on Special Events, 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. Matt Mire, Town Attorney, stated there had been no changes from
first reading. Rod Slifer moved to approve Ordinance #7 on second reading. Chuck
Ogilby seconded the motion. Greg Moffet stated he would be voting in opposition. Bill
Dewitt stated he would prefer the 501 c3 to make the commission successful. Kaye
Ferry, Vail Chamber and Business Association, stated she felt the special events would
be best served if handled privately and preferred to have a voting member of Council
4
on the board, and would continue to disagree on special events. A vote was taken on
the motion and the motion passed 5-2, Bill Jewitt and Greg Moffet opposing.
The ninth item on the agenda was Ordinance 9, Series of 2002, second reading,
regarding amending Ordinance No. 23, Series of 199 ~ egarding compensation of
Town Officials. Town Attorney Mire stated no changead been made to the
finance from first reading. Dick Cleveland moved to approve Ordinance 9 on second
~'r ading. Greg Moffet seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The tenth item on the agenda was the awarding of a bid proposal for Crack Sealing
and Slurry Sealing as part of the Capital Street Maintenance Program. Greg Hall,
Public Works Director, presented the bids to the Council, stating 8 bids were mailed out
for Crack Sealing and 4 bids for Slurry Seal. Hall stated Council was being asked to
approve both projects, which were under the budgeted amount.
The low bid for Crack Sealing:
$53,820.00
Superior Asphalt LC
Magna, UT.
The low bid for Slurry Sealing:
$90,699.62
Quality Paving CO.
Henderson, CO.
Greg Moffet moved to approve the two bids. Bill Jewitt seconded the motion. Greg Hall
reviewed the schedule for the sealing. A vote was taken on the motion and the motion
passed unanimously, 7-0.
The eleventh item on the agenda was the Town Manager's Report. Assistant Town
Manager Pam Brandmeyer outlined the proposed Farmer's Market program. The
Co I was generally in favor of the proposal, although expressing concerns over
saf~nd transportation. Greg Moffet and Rod Slifer volunteered to present the Vail
Youth Recognition Awards to recipients from Vail Mountain School during graduation
ceremonies on May 29th. Chief Henninger will present the awards to the winners at
Battle Mountain High School on May 21St
Greg Moffet made a motion to adjourn the regular meeting and Bill Jewitt seconded the
motion. A vote was taken and the motion passed unanimously, 7-0. The meeting was
adjourned at 9:15 P.M.
The Council then reconvened as the Vail Local Marketing District.
5
qq
`~ Jn..
The Council expressed its interest in budgeting $100,000 in 2003 to help fund costs
T ~ associated with an appearance by the New York Philharmonic Orchestra as the Bravo!
~ Vail Valley Music Festival resident orchestra next summer. Council members said they
~~
would determine which account the money will come from at a later date. Bravo's
\~~' request to the town for funding in 2004 and 2005 will be subject to annual appropriation.
~~
A vote was taken to appoint four new members to the Vail Local Marketing District
Advisory Council. Mayor Kurz read the vote results as follows: Vail Resorts, Inc.,
which has designated Chris Jarnot as its representative; Mia Vlaar; Christine Werner,
and Kelli McDonald. Rod Slifer then made a motion to approve the nominees. Chuck
Ogilby seconded the motion. A vote taken and the motion passed unanimously.
Mayor Kurz stated the terms of each appointment would be determined at a later date.
As there was no further business Greg Moffet moved to adjourn. Bill Jewitt seconded
the motion. A vote was taken and the motion passe unanimously, 7-0. The meeting
was adjourned at 10:00 p.m.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
6
-_ ~}; ~~
li.
TOWN COUNCIL
EVENING MEETING
TUESDAY, MAY 21, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
The regular meeting of the Vail Town Council was held on Tuesday, May 21, 2002, at
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
Matt Mire, Town Attorney
The first item on the agenda was Citizen Participation. Joyce Mack addressed the
Council, stating she was running as a Republican candidate for Eagle County
Assessor. Mack stated she has been a resident of Eagle County for 22 years and had
a background in commercial and residential real estate. Mack urged Council to vote at
the August 13th primary election.
The second item on the agenda was the appointments to Local Licensing Authority
(LLA) and Housing Authority (HA). Mayor Kurz thanked all who applied and served on
the previous boards. A secret vote was taken. Connie Knight and Robert Rothenberg
received the highest votes for the Local Licensing Authority. Sally A. Jackle received
the highest votes for Vail Housing Authority. Dick Cleveland made a motion to appoint
Knight and Rothenberg to the Local Licensing Authority and Sally Jackle to the Housing
Authority. Greg Moffet seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The third item on the agenda was the approval of request to use Town of Vail land at
Dowd Junction. Greg Moffet moved to approve the request. Rod Slifer seconded the
motion. Dick Cleveland inquired about restroom facilities. Town Manager Bob
McLaurin stated he would check on the availability of these. Other issues raised were
public use of the recreation path and the potential for sharing proceeds with the town.
A vote was taken on the motion and the motion passed unanimously, 7-0.
1
The fourth item on the agenda was the discussion on I-70 noise. Councilman Greg
Moffet led a spirited discussion to evaluate a list of possible town-initiated actions to
reduce noise from I-70. In the end, Moffet was unable to convince the Council majority to
authorize a ban on use of fake brakes through town due to safety concerns, nor a
suggestion to send a letter to the Colorado Department of Transportation chastising them
for declining the town's request for assistance. However, the Council majority offered
support for a concept proposed by Councilman Dick Cleveland to lobby state and federal
officials to expand the 45 mile per hour speed limit zone for trucks on I-70 from the bottom
of Vail Pass west through Dowd Junction. The speed limit currently allows trucks to
increase speeds to 65 mph at the east entrance to Vail. Researchers say for every 5 mph
reduction in speed, the associated noise is reduced by .7 decibels. At the request of
former Councilman Tom Steinberg, the group also agreed to become increasingly
proactive in lobbying state and federal officials about the noise pollution problem.
Specifically, the town has asked permission to erect jersey barriers along a portion of the
roadway to test the reduction of wheel noise. Also, the town has asked for placement of a
sign similar to the ones at Floyd Hill to alert truckers of the downhill grade as they travel
west through Vail. This, they say, could help reduce use of fake brakes, which causes
spikes in what has been described as the I-70 "ambient roar." Councilmembers have
identified I-70 noise mitigation as one of eight priorities for action during their term of
office. Town Manager Bob McLaurin was instructed to distribute names and addresses of
the State Transportation Commission as well as key talking points for increased
communication by the Council and residents of Vail. In addition, McLaurin will invite top
transportation officials to join the Council for a site visit in Vail.
The fifth item on the agenda was Ordinance #8, Series of 2002, first reading, an
ordinance repealing and reenacting Ordinance No. 8, Series of 1992, providing for the
re-establishment of Special Development District No. 28, Christiania at Vail, adopting a
development plan for Special Development District No. 28, and providing for
amendments to Special Development District No. 28, Christiania at Vail, in regard to
changes in the number of dwelling units, modifications in common area and gross
residential floor area square footages, and amendments to the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details
in regard thereto.
Bill Gibson, presented the ordinance to the Council, stating the Planning and
Environmental Commission (PEC) had recommended approval. The amendment allows
for the consolidation of two adjacent dwelling units into a single unit. Jim Morter of
Morter Architects, representing the applicants, addressed the Council, stating both units
are owner occupied and are not rented. After further discussion, Rod Slifer moved to
approve Ordinance #8, Series of 2002, on first reading. Bill Jewitt seconded the
motion. Dick Cleveland suggested staff include a condition of approval and findings of
page 3 (1 & 2) and conditions regarding major amendment map. Rod Slifer amended
his motion to that effect. Bill Jewitt amended his second. A vote was taken and the
motion passed 6-1, Donovan opposing. In voting against the ordinance,
2
Councilmember Diana Donovan said she was philosophically opposed to reducing the
number of units in Vail Village. However, in voting to approve the ordinance,
Councilman Rod Slifer said such changes would enable more people to live in the heart
of Vail on a full-time basis.
The sixth item on the agenda was Ordinance #10, Series of 2002, second reading, an
ordinance to designate two properties in the Town of Vail as open space as per
Section 13.11 of the Town of Vail Charter. Greg Moffet moved to approve Ordinance
#10, Series of 2002, on second reading. Dick Cleveland seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The seventh item on the agenda was the appointment of an alternate to the Eagle
County Regional Transportation Authority (ECO). Mayor Kurz stated he was the
designated member and was recommending appointing an alternate to attend in his
absence, suggesting Mike Rose, the town's transportation superintendent. Greg Moffet
made a motion to appoint Mike Rose. Diana Donovan asked if an elected official might
carry more weight in that capacity, at which point Rod Slifer suggested appointing
Diana as an alternate (just kidding!). Chuck Ogilby seconded Moffet's motion. A vote
was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was the Town Manager's Report. Town Manager
McLaurin invited the Council to join the Breckenridge Town Council at their dinner during
their retreat June 7-8 in Vail. Greg Moffet stated he had it on his calendar. Council was
asked to let staff know if they planned to attend.
As there was no further business, Greg Moffet made a motion to adjourn and Bill Jewitt
seconded the motion. A vote was taken and the motion passed, 7-0, and the meeting was
adjourned at 8:15 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
3
~" ~~--
TOWN COUNCIL
EVENING MEETING
TUESDAY, MAY 21, 2002
7:00 P.M.
TOV COUNCIL CHAMBERS
~~. ~-..~
~~ ~~
~~.
The regular meeting of the Vail Town Council was held on Tuesday, May 21, 2002,. at
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 \M~
Matt Mire, Town Attorney
~~
The first item on the agenda was Citizen Participation. Joyce Mack add sed the
Council, stating she was running as a Republican candidate for Ea ounty
Assessor. Mack stated she has been a resident of Eagle County and had a
background in commercial and residential real estate. Mack urged Council to vote at
the August 13th primary election.
G,;oCs~-
The second item on the agenda was the appointments to LJ'.gtr6i- Licensing. Authority
(LLA) and Housing Authority (HA). Mayor Kurz thanked all who applied and served on
the previous boards. A secret vote was taken. Connie Knight and Robert Rothenberg
received the highest votes for the Local Licensing Authority. Sally A. Jackle received
the highest votes for Vail Housing Authority. Dick Cleveland made a motion to appoint
Knight and Rothenberg to the Local Licensing Authority and Sally Jackle to the Housing
Authority. Greg Moffet seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The third item on the agenda was the approval of request to use Town of Vail land at
Dowd Junction. Greg Moffet moved to approve the request. Rod Slifer seconded the
motion, Dick Cleveland inquired about restroom facilities. Town Manager Bob
McLaurin stated he would check on the availability of these. Other issues raised were
public use of the recreation path and the potential for sharing proceeds with the town.
A vote was taken on the motion and the motion passed unanimously, 7-0.
1
..
The fourth item on the agenda was the discussion on I-70 noise. Councilman Greg Moffet
led a spirited discussion to evaluate a list of possible town-initiated actions to reduce noise
from I-70. In the end, Moffet was unable to convince the Council majority to authorize a
ban on~us~e of jak~nbrakes through town due to safety concerns~r ~~ esti n to
clh~~~.~+`~ a letter..fren}-the Colorado Department of Transportation fit d in ~i~e town's
request for assistance. However, the Council majority offered support fora ncept
proposed by Councilman Dick Cleveland to lobby state and federal officials to expand the
45 mile per hour speed limit zone for trucks on I-70 from the bottom of Vail Pass west
through Dowd Junction. The speed limit currently allows trucks to increase speeds to 65
mph at the east entrance to Vail. Researchers say for every 5 mph reduction in speed, the
associated noise is reduced by .7 decibels. At the request of former Councilman Tom
Steinberg; the group also agreed to become increasingly proactive in lobbying state and
federal officials about the noise pollution problem. Specifically, the town has asked
permission to erect jersey barriers along a portion of the roadway to test the reduction of
wheel noise. Also, the town has asked for placement of a sign similar to the ones at Floyd
Hill to alert truckers of the downhill grade as they travel west through Vail. This, they say,
could help reduce use of jake brakes, which causes spikes in what has been described as
the I-70 "ambient roar." Councilmembers have identified I-70 noise mitigation as one of
eight priorities for action during their term of office. Town Manager Bob McLaurin was
instructed to distribute names and addresses of the State Transportation Commission as
well as key talking points for increased communication by the Council and residents of Vail.
In addition, McLaurin will invite top transportation officials to join the Council for a site visit
in Vail.
The fifth item on the agenda was Ordinance #8, Series of 2002, first reading, an
ordinance repealing and reenacting Ordinance No. 8, Series of 1992, providing for the
re-establishment of Special Development District No. 28, Christiania at Vail, adopting a
development plan for Special Development District No. 28, and providing for
amendments to Special Development District No. 28, Christiania. at Vail, in regard. to
changes in the number of dwelling units; modifications in common area and gross
residential floor area square footages, and amendments to the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details
in regard thereto.
~~
Bill Gibson, presented ordinance to the Council, stating the Planning and Environmental
Commission (PEC) had recommended approval. The amendment allows for the
consolidation of two adjacent dwelling units into a single unit. Jim Morter of Morter
Architects, representing the applicants, addressed the Council, stating both units are
owner occupied and are not rented. After further discussion, Rod Slifer moved to
approve Ordinance #8, Series of 2002, on first reading. Bill Jewitt seconded the
motion. Dick Cleveland suggested staff include a condition of approval and findings of
page 3 (1 & 2) and conditions regarding major amendment map. Rod Slifer amended
his motion to that~ect. Bill Jewitt amended his second. A vote was taken and the
motion passed 6-1, Donovan opposing. In voting against the ordinance,
2
Councilmember Diana Donovan said she was philosophically opposed to reducing the
number of units in Vail Village. However, in voting to approve the ordinance,
Councilman Rod Slifer said such changes would enable more people to live in the heart
of Vail on a full-time basis.
The sixth item on the agenda was Ordinance #10, Series of 2002, second reading, an
ordinance to designate two properties in the Town of Vail as open space as per
Section 13.11 of the Town of Vail Charter. Greg Moffet moved to approve Ordinance
#10, Series of 2002, on second reading. Dick Cleveland seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
The seventh item on the agenda was the appointment of an alternate to the Eagle
County Regional Transportation Authority (ECO). Mayor Kurz stated he was the
designated member and was recommending appointing an alternate to attend in his
absence, suggesting Mike Rose, the town's transportation superintendent. Greg Moffet
made a motion to appoint Mike Rose. Diana Donovan asked if an elected official might
carry more weight in that capacity, at which point Rod Slifer suggested appointing
Diana as an alternate (just kidding!). Chuck Ogilby seconded Moffet's motion: A vote
was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was the Town Manager's Report. Town Manager
McLaurin invited the Council to join the Breckenridge Town Council at their dinner during
~,~heir retreat June 7-8 in Vail. Greg Moffet stated he had it on his calendar. Council was
asked to let staff know if they planned to attend.
As there was no further business, Greg Moffet made a motion to adjourn and Bill Jewitt
seconded the motion. A vote was taken and the motion passed, 7-0, and the meeting was
adjourned at 8:15 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
3
Minutes taken by Mary A. Caster
MEMORANDUM
TO: Vail Town Council
FROM: Department of Community Development
DATE: June 4, 2002
SUBJECT: An appeal of the Design Review Board denial of DRB02-0070, a new Primary
residence with a Type I EHU, located at 1880 W. Gore Creek Drive/Lot 48, Vail
Village West 1St Filing.
Applicant: DMC Inc
Appellant: DMC Inc
Planner: Allison Ochs
I. SUBJECT PROPERTY
The subject property is a Primary/Secondary Residential zoned lot in West Vail located at
1880 W. Gore Creek Dr. /Lot 48, Vail Village West 1St Filing. The applicant is proposing to
construct a Primary Residence and Type I Employee Housing Unit.
II. STANDING OF APPELLANT
The appellant has standing to file an appeal as the owner of the subject property.
lII. REQUIRED ACTION
Uphold/Overturn/Modify the Design Review Board's decision.
The Town Council is required to make findings of fact in accordance with the Vail Town
Code:
The Town Council shall on all appeals make specific findings of fact based directly
on the particular evidence presented to it. These findings of fact must support
conclusions that the standards and conditions imposed by the requirements of this
title (Zoning Regulations, Title 12) have or have not been met.
IV. STAFF RECOMMENDATION
Staff recommends that the Town Council uphold the Design Review Board's denial of a
Primary Residence with a Type I EHU located at 1880 W. Gore Creek Dr. /Lot 48, Vail
Village West 1St Filing, subject to the following findings:
That the standards and conditions imposed by the requirements of Title 12 (Zoning
Regulations) and Title 14 (Development Standards) have not been met with the
applicant's proposal.
V. BACKGROUND
The Design Review Board conceptually reviewed the proposed structure on April 17, 2002.
Primarily, their comments and concerns focused on the mirror image of the duplex. On May
1, 2002, the Design Review Board reviewed the revised plans for the proposed structure.
The Design Review Board voted 5-0 to deny the application based on the lack of compliance
with the Design Guidelines. A complete analysis of the application and the Design
Guidelines is provided in Sections VI and VII of this memorandum. On May 10, 2002, the
applicant filed an appeal of the Design Review Board's decision. As is required by Section
12-3-3 of the Town Code, the appeal has been published by the Town's newspaper of
record and adjacent property owners have been notified.
VI. ZONING ANALYSIS
Lot Size: .23 acres or 10,018.8 sq. ft.
Hazards: Slopes in excess of 30%
Standard Allowed Proposed
Density ~ 1 du + 1 ehu 1 du + 1 ehu
GRFA 3,855 sq. ft. 3852 sq. ft.
Primary 2,930 sq. ft. 1,927 sq. ft.
EHU 925 sq. ft. (credit) 1,925 sq. ft.
Height 33 ft. 33 ft.
Site Coverage 2,004 sq. ft. 2,004 sq. ft.
Parking 4 required 4 proposed
Setbacks 20/15/15/15 *18/19/18/56
'Garage allowed in front setback on sites with excessive slopes. No GRFA in front setback.
VII. APPLICABLE REGULATIONS OF THE TOWN CODE
Title 14, Development Standards, of the Town Code provides Design Review Standards and
Guidelines for the development in the Town of Vail. In reviewing any application for
development, the Design Review Board is guided by the Design Review Standards and
Guidelines. Staff has provided the applicable guidelines below and reviewed the application
for compliance:
Structures shall be compatible with existing structures, their surroundings, and with
Vail's environment. It is not to be inferred that buildings must look alike to be
compatible. Compatibility can be achieved through the proper consideration of scale,
proportions, site planning, landscaping, materials and colors, and compliance with
the guidelines herein contained.
Staff Response: Staff believes that the application complies with the above
guideline. Specifically, staff believes that the scale, proportions, site planning,
landscaping, materials and colors or the proposed structure are compatible with the
neighborhood and the surrounding environment.
2. Any building site in Vail is likely to have its own unique land forms and features.
Whenever possible, these existing features should be preserved and reinforced by
new construction. The objective is to fit the buildings to their sites in a way that
leaves the natural land forms and features intact, treating the buildings as an integral
2
part of the site, rather than as isolated objects at odds with their surroundings.
Staff Response: Staff believes that the application complies with the above
guideline. Specifically, as the site has slopes in excess of 30%, the applicant has
designed a structure which minimizes site disturbance to the front portion of the site,
located the garage in the front setback, and minimized disturbance on the steep
slopes.
3. The location and configuration of structures and access ways shall be responsive to
the existing topography of the site upon which they are to be located. Grading
requirements resulting from development shall be designed to blend into the existing
or natural landscape. Any cuts or fills shall be sculptural in form and contoured to
blend with the existing natural undisturbed terrain within the property boundary.
Staff Response: Staff believes that the proposed structure and access way is
responsive to the topography of the slopes. However, some of the disturbed site will
not be returned to a 2:1 grade. The code allows for grades in excess of 2:1, subject
to Design Review Board review and an engineered design. However, grades in
excess of 2:1 can be difficult to revegetate.
4. Building siting and access thereto shall be responsive to existing features of terrain
rock outcroppings, drainage patterns, and vegetation.
Staff Response: Staff believes that the siting of the building and access are
generally responsive to existing features of the site.
5. Removal of trees, shrubs, and other native vegetation shall be limited to removal of
those essential for development of the site or those identified as diseased.
Staff Response: Staff believes that the applicant has complied with the above
guideline.
6. All areas disturbed during construction shall be revegetated. If necessary, the
Design Review Board may designate allowable limits of construction activity and
require physical barriers in order to preserve significant natural features and
vegetation upon a site and adjacent sites during construction.
Staff Response: The applicant has indicated a limits of .disturbance on the site
plan. Staff believes the applicant has complied with this guideline.
7. Building materials shall be predominantly natural such as wood siding, wood shakes,
and native stone. Brick is acceptable. Where stucco is utilized, gross textures and
surface features that appear to imitate other materials shall be avoided. Concrete
surfaces shall be treated with texture and colorif used, however, exposed aggregate
is more acceptable than raw concrete. Neither aluminum steel, nor plastic siding, nor
simulated stone or brick shall be permitted. Plywood siding shall not be permitted.
Staff Response: Staff believes that the applicant has complied with this guideline.
Specifically, the proposed building materials are stucco and cedar siding.
8. Exterior wall colors should be compatible with the site and surrounding buildings.
3
Natural colors (earth tones found within the Vail area) should be utilized. Primary
colors or other bright colors should be used only as accents and then sparingly such
as upon trim or railings. All exterior wall materials must be continued down to
finished grade thereby eliminating unfinished foundation walls. All exposed metal
flashing, trim, flues, and roof top mechanical equipment shall be anodized, painted or
capable of weathering so as to be non-reflective.
Staff Response: Staff believes that the proposed colors are compatible with the site
and surrounding buildings. The applicant is proposing beige stucco, brown cedar,
etc.
9. In no instance shall a duplex structure be so constructed as to result in each half of
the structure appearing substantially similar or mirror image in design.
Staff Response: Staff and the Design Review Board believe that this guideline is
the difficult one to overcome. The proposed structure is substantially a mirror image
on the first and second floors. The original conceptual design was a mirror image on
all levels. However, the applicant has re-aligned the roof ridge over the west unit to
attempt to break the ridge and eliminate the mirror image. The Design Review
Board did not believe that this was a substantial enough of a change to eliminate the
mirror image of the duplex. In addition, the applicant modified the window
configurations. The Design Review Board did not believe that these changes were
appropriate, as it lead to a mismatch of window types. The Design Review Board felt
that there are architectural solutions which would allow for a duplex that would not
appear to be a mirror image.
10. The purpose of this Section is to ensure that duplex and primary/secondary
development be designed in a manner that creates an architecturally integrated
structure with unified site development. Dwelling units and garages shall be
designed within a single structure, except as set forth in subsection 2 below, with the
use of unified architectural and landscape design. A single structure shall have
common roofs and building walls that create enclosed space substantially above
grade. Unified architectural and landscape design shall include, butnotbe limited to,
the use of campatib/e building materials, architectural style, scale, roof forms,
massing, architectural details, site grading and landscape. materials and features.
Staff Response: Staff believes that the applicant has designed a duplex which
meets this guideline. Specifically, both units are within one architecturally integrated
structure.
4
DAUPHINAIS- MOSELEY CON`cSyyTppRUCTION INC
~usr,~ii~s o~C~rrrte v (po~nrP/y
VA-L, COLORADO
PRESIDENT
PATRICK G. DAUPHINAIS
P.O. BOX 1515
VAIL, CO 81658
(970) 476-8055
FAX (970) 476-9022
Vail Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Council Members,
CHAIRMAN
CLARKSON P. MOSELEY
6390 LBJ FREEWAY, SUI7E 105
DALLAS, TX 75240 (214) 788-0288
FAX (214) 458-0683
VAIL, CO (970) 949-5144
FAX (970) 476 - 9022
10 May 02
I originally submitted this project for conceptual review at the April 17t1i meeting. I told
the board members that I was planning a two unit building, one free market and one Type I EHU.
By utilizing all available allowances I am able to build a full four bedroom EHU of tike same size
as the free market unit. I believe that this is a positive direction to go with EHU's as they then
become homes rather than transient housing. I designed the house to appear to be one rather than
two units. Since I was dealing with only 3850 square feet it is possible to do this and not erid up
with a huge building. Since the ridge is perpendicular to the street I believe this represents a
single mass and therefore cannot be mirror image.
The board wanted to know if this was some kind of joke. They rejected my arguments
and I went away having told them I would "CalifoYnicate" the elevations and bring it back. I re-
submitted for the May 1St meeting having changed the roof, the upper floor plan and multiple
windows to remove the mirror image issue.
The meeting began when I was told that my changes were "insulting" and "contrived"
and "it looks like a window catalog.'' That was the high point of the session.
I am building on a very challenging site and have complied with all requirements. I am
attempting to build the first EHU HOME. ! I have designed a very livable and attractive building
which will be reasonably priced in accordance with its intended use.
The board was wrong to deny this project, primarily because of the benefit to the town of
a Type I EHU. The board was wrong again because this plan is in compliance with all rules and
regulations of the town.
I believe that the tone of the DRB has grown increasingly negative and confrontationaL_ I
am very unhappy with this entire process and ask that you overturn the DRB denial.
Additionally, I hope you will do something about the direction this board is going. I am not alone
in my level of concern or frustration.
Sii ~,el ~s,
r s`
.' ~, ,
Pa ric G~Dauphina
President Dauphinais- Moseley Construction, Inc.
n
~~: ~ - :.-~F.; Appeals Form
T~~ ~]~ Department of Community Development
TO V-`1~~ OT (AIL 75 South Frontage Road, Vail, Colorado 81657
te1:970.479.2139 fax: 970.479.2452
web: www.ci.vail:co.us
General Information:
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental
Commission action/decision. A complete form and associated requirements must be submitted to the
Community Development Department within ten (10) business days of the disputed action/decision.
Action/Decision being appealed: ~ ~ f ~ %~ ~ ~~ ' ~~b j f! ~~
--
Date of Action/Decision: ,~~~ v ~ ~~ ~ ~"
Board or Staff person rendering action/decision:
Does this appeal involve a specific parcel of land? es (no)
If yes, are you an adjacent roperty owne`?r?~ (yes) o)
Name of Appellant(s): _ llr.4 L(~~.{-~ ~ /l),,4- I S
Mailing Address:
f h~~
Physical Address in Vail:
Phone• ~ ~ ~(, - c~ ~,s~~
Legal Description of Appellants i i aih t:~Block:_ Subdivision: ~/~Il. ~/~-L.i`<,(v~ ~.~~5
Appellant(s) Signature(s): - i~+L ~'
(Attach a list of signatures if more space is required).
Submittal Requirements:
1. On a separate sheet or separate sheets of paper,. provide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please
cite specific code sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of
property who are the subject of the appeal and all adjacent property owners (including owners
whose properties are separated from the subject property by a right-of-way, stream, or other
intervening barrier).
4. Provide stamped, addressed envelopes for each property owner listed in (3.}.
PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0:
TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
For Office Use Only:
Date Received: Activity No.:
Planner: Project No.:
c ev ppea s. oc
td'
E o
u~ r--
~ ~
Mr. Christopher Bartlett.
Ms. Donna Munna
o ~ ~ 100 Marland Rd. So.
~
; Colorado Springs, CO 80906
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T_.___ _____._-__.--._ _ --__ _.__
Century Construction, Inc.
1452 Buffehr Creek Road
Vail, CO 81657
Mr. Nicholas Emigholz
13329 Southeast 195th St.
Renton, WA 98058-7769
r
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Ms. Jana Ward
2300 75th Street
Boulder, CO 80301
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing
in accordance with Section 12-3-3 of the Town of Vail Code on Tuesday, June 4, 2002, at 7:00
p.m. in the Town of Vail Municipal Building, located at 75 South Frontage Road. In
consideration of:
ITEM/TOPIC:
An appeal of the Design Review Board's denial of a proposed new primary residence and Type I
EHU, located at 1880 W. Gore Creek Drive/L.at 48, Vail Village West 1st Filing.
Applicant: DMC Inc.
Appellant: DMC Inc.
Planner: Allison Ochs
The application and information about the proposal is available for public inspection, during
regular business hours, in the Community Development Department, located at the Town of Vail
Community Development Department, 75 South Frontage Road. For additional information,
contact Allison Ochs at the Department of Community Development at (970) 479-2369.
Published May 17, 2002 in the Vail Daily.
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NOTATIONS.
Memorandum
To: Vail Town Council
From: Matt Mire, Town Attorney
Date: May 28, 2002
Re: Amendment to Title 7, Chapter 3 of the Vail Town Code, regarding the
towing, storage and sale of abandoned vehicles
Several members of the Vail Police Department, including Chief Henninger, have
requested an amendment to the Town Code regarding the Town's procedures for the
towing, storage and sale of abandoned vehicles. As explained to me, the Vail P.D.
spends an inordinate amount of time and resources complying with the town's
abandoned vehicle procedures, including the requisite reports, notices, appraisals and
sales of the subject vehicles. (See attached cost estimate associated with impounding
and disposing of abandoned vehicles). As you might expect, the operational vehicles
are usually claimed by their owners and the town is left with inoperable, abandoned
vehicles with little or no value. As a result the town's impound lot is often filled with
worthless abandoned vehicles.
C.R.S. 42-4-1801 et seq. governs the towing, storage and sale of abandoned
vehicles. Section 42-4-1814 specifically authorizes municipalities to contract for the
processing of abandoned vehicles or to enact legislation with alternative provisions. Vail
chose to enact ordinances, which are set out in Title 7, Chapter 3, of the Vail Municipal
Code. The original ordinance was enacted in 1968 and has only been amended twice
since that time.
The choices now available to you are to: 1) Do nothing, and remain in the
business of doing paperwork, sending notice, appraising, storing and selling abandoned
vehicles. A procedure, which according to the Police Department, is unsatisfactory; 2)
Amend the Code to specifically authorize the P. D. to contract for towing, storage and
sale of abandoned vehicles exclusively; or 3) Amend the Code to allow the P.D. to
contract, at its discretion, for towing, storage and sale of abandoned vehicles while
retaining the town's current procedures.
Vail Police Chief, Dwight Henninger, has specifically requested that the Code be
amended to allow the P.D. to contract for the required services, while retaining the
town's current procedures. As such, I recommend the following amendment to Title 7,
Chapter 3:
7-3A-14: RIGHT TO CONTRACT
Notwithstanding the procedures set out in Sections 7-3A-3 through 7-3A-8
of this Chapter 3, the town, at its discretion, may forego said procedures
and execute a contract or contracts for the removal, storage and/or
Vail Town Council, Abandoned Vehicle memo
May 28, 2002
Page 2
disposal of abandoned motor vehicles in accordance with C.R.S. § 42-4-
1814, as amended.
In addition to the changes contemplated above, Section 7-3A-3 of the Code
contains an erroneous reference to C.R.S. § 42-4-1102, which has absolutely nothing to
do with abandoned vehicles. Accordingly, the reference should be either corrected or
deleted.
Attachment
Abandoned Vehicles
Cost estimate to impound and process the paperwork for an abandoned vehicle including associated. costs:
Tow-1 hour @ $100.00/hour 100.00
Process paperwork-8 hour per vehicle @ $15.40/hour 123.20
Transport prospective purchasers (auction)-5 hours @ $15.40/hour 77.00
Time required to move cars in the impound lot to access vehicles-1.5 hours @$100.00/hour 150.00
Time incurred by public works to plow the lot-l hour @ $19.11/hour 19.11
Auction advertising expense-approx..75 cents/vehicle ($15.00/20 vehicles) .75
TOTAL $470.06
Approximate cost of the average tow charge for an abandoned vehicle-$100.00
Approximate average income from an abandoned vehicle sold at auction-$50.00
Approximate number of abandoned vehicles sold at auction annually-100
Capacity of impound lot-approximately 40 vehicles
Cost of having a vehicle not sold at auction taken away-$25.00
Approximate time to process vehicle from impound to sale-3 months
ORDINANCE NO. 12
SERIES OF 2002
AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3,
AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING,
STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING
SECTION 7-3A-3 TO ALLOW FOR CORRECTIONS TO STATUTORY
REFERENCE; AND SETTING FORTH DETAIL IN REGARD THERETO.
WHEREAS, Title 7, Chapter 3, of the Vail Town Code provides procedures for
removal, storage and disposal of abandoned vehicles within the Town of Vail; and
WHEREAS, the Town expends an inordinate amount of time and resources
complying with procedures regarding removal, storage and disposal of abandoned
vehicles within the Town of Vail; and
WHEREAS, it is the desire of the Town Council to authorize the Town to
contract for removal, storage and disposal of abandoned vehicles within the Town of Vail
in accordance with C.R.S. § 42-4-1814, as amended; and
WHEREAS, Section 7-3A-3 of The Vail Town Code provides an erroneous
citation to the Colorado Revised Statutes; and
WHEREAS, the Vail Town Council considers it in the interest of the public
health, safety and welfare to adopt these amendments to the Town Code.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO THAT:
(Text that is to be deleted is ~~lc~, text that is to be added is underlined).
Section 1. Section 7-3A-3 of the Vail Town Code is amended as follows:
7-3A-3: IMPOUNDMENT AUTHORIZED:
Whenever any police officer finds a vehicle, attended or unattended, standing
upon any portion of a street or upon any place within this Municipality in such a manner
as to constitute a violation of any section of this Article, or left unattended for a period of
twenty four (24) hours or more and presumed to be abandoned under the conditions
prescribed by Colorado Revised Statutes section ~''~-4-r'~ 42-4-1802, as amended, the
officer shall require the vehicle to be removed and placed in storage in the nearest garage
or other place of safety designated or maintained by this Municipality, and the charges
Ordinance No. 12, Series of 2002
for towing and storage of such vehicle shall be charged to the owner of the vehicle in
addition to a ten dollar ($10.00) impounding charge.
Section 2. Section 14 is added to Title 7, Chapter 3, of the Vail Town Code to read as
follows:
7-3A-14: RIGHT TO CONTRACT:
Notwithstanding the~rocedures set out in Sections 7-3A-3 through 7-3A-8 of this
Chapter 3, the Town at its discretion, may fore o said procedures and execute a contract
or contracts for the removal, storage and/or disposal of abandoned motor vehicles in
accordance with C.R.S. ~ 42-4-1814, as amended.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail 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 proceedings as
commenced under or by virtue of the provision repealed or repealed and reenacted. The
repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Ordinance No. 12, Series of 2002
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL ON FIRST READING this day of , 2002 and a public hearing shall
be held on this Ordinance on the day of 2002, at 7:30 p.m. 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
by title only this day of , 2002
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 12. Series of 2002
ORDINANCE NO. 6
Series of 2002
AN ORDINANCE AMENDING SECTION 11-1-1, DEFINITIONS, SECTION 11-5-2 (L)
PROHIBITED SIGNS, AND ADDING ARTICLE D. WEST VAIL EXIT #173 TO TITLE 11, SIGN
CODE REGULATIONS, TO PERMIT CERTAIN OFF-SITE ADVERTISING IN THE TOWN OF
VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on February 19, 2002, the Vail Town Council requested that the Community
Development Department research options for permitting certain off-site advertising along
Interstate 70 at the West Vail Exit (#173); and
WHEREAS, on March 25 and Aprii 8, 2002, the Planning & Environmental Commission
of the Town of Vail held public hearings on the proposed text amendment to the Sign
Regulations; and
WHEREAS, the Planning & Environmental Commission of the Town of Vail has
recommended at its April 8, 2002 meeting, that this text amendment be tabled until a more
comprehensive sign code amendment can be completed, and has submitted its
recommendation to the Vail Town Council; and
WHEREAS, the Vail Town Council has determined that the West Vail Exit (#173} is
uniquely different than the other two interstate exits in the Town of Vail in that merchants and
businesses located in the proximity of Exit #173 are vehicular oriented in nature and depend
largely upon interstate traffic for business; and
WHEREAS, the Vail Town Council has determined that the placement of Specific
Information and Business Signs along Interstate 70 will be beneficial to the traveling public and
will enhance the economic success and viability of the West Vail commercial area; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to amend the sign regulations of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 11, Sign Regulations, of the Vail Town Code shall hereby be
amended as follows:
(deletions are shown in str~~° +9"/additions are shown bold)
Section 11-1-1, Definitions
SPECIFIC INFORMATION AND BUSINESS SIGN: An official sign with a white
reflective legend and border, on a blue background, that displays the type of
business (Gas, Food, Lodging, Camping) and the interstate exit number which
includes a flat rectangular aluminum information sign that is limited to the display
of the name, brand name, or trademark, logo, symbol for businesses providing
motorists services for gas, food, lodging, camping and/or tourist attractions.
Ordinance No. 6, Series 2002
Section 11-5-2 (L), Prohibited Signs
Off-premises advertising signs or any other sign not pertinent and clearly incidental to
the permitted use on the property where located. This prohibition shall not apply to
Specific Information and Business Signs as defined in Section 11-1-1 of the Vail
Town Code and as further regulated by the Colorado Department of
Transportation.
Chapter 4, Sign Categories
Article D. West Vail Exit #173
SECTION:
11-4D-1: Scope
11-4D-2: Specific Information and Business Signs
11-4D-3: Eligibility
11-4D-1: Scope: This Article concerns the display of Specific Information
and Business Signs at the West Vail exit #173. This Article further
includes the purpose of these signs, size, height, number, type of
service, and location limitations. The following provisions are the
sign regulations for Specific Information and Business Signs (aka
LOGO signs).
11-4D-2 Specific Information and Business Signs:
A. Purpose: To provide directional information along the Interstate
Highway to business establishments offering services for Gas,
Food, and Lodging to the traveling public.
B. Location: West Vail Exit #173 and subject to review and written
approval pursuant to the Rules and Regulations for Specific
Information and Business Signs, as regulated by the Colorado
Department of Transportation.
C. Size: Subject to review and written approval, pursuant to
the Rules and Regulations for Specific Information and
Business Signs, as regulated by the Colorado Department of
Transportation.
D. Height: Subject to review and written approval pursuant to
the Rules and Regulations for Specific Information and
Business Signs, as regulated by the Colorado Department of
Transportation.
E. Number: Four (4) information signs total on the interstate with a
maximum of two per direction of travel and no more than six (6)
business signs per information sign and a maximum of two
directional ramp signs total with no more than one ramp sign per
ramp.
F. Type of Service: The type of services permitted on a Specific
Information sign shall be limited to "gas", "food", and "lodging",
as regulated by the Colorado Department of Transportation.
G. Distance to Gas, Food and Lodging Service Facilities: To be
eligible for a Business Sign to be installed on a Specific
Information Sign the maximum driving distance that a gas, food
or lodging service facility can be located from the ramp terminal
shall not exceed 3/4 (0.75) mile. A gas, food or lodging service
facility that is not within the maximum driving distance shall not
be eligible to participate.
Ordinance No. 6, Series 2002 2
11-4D-3 Eligibility; Participation is limited to only those businesses that
meet the minimum qualification requirements as stated in the
"Rules and Regulations for Specific Information and Business
Signs" adopted by the Colorado Department of Transportation and
those businesses that are clearly visible to the exiting motorist from
the top or bottom of the exit ramp, as determined by the
Administrator, shall be eligible for participation in the Specific
Information and Business Sign program. The top and bottom of the
exit ramp shall be that area from the start of the exit deceleration
lane to the ramp terminal.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4t" day of June, 2002 and a public
hearing for second reading of this Ordinance set for the 2"d day of July, 2002, in the Council
Ordinance No. 6, Series 2002 3
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 2"d day of
July, 2002.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 6, Series 2002 4
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: June 4, 2002
SUBJECT: An ordinance repealing and reenacting Ordinance No. 8, Series of 1992,
providing for the re-establishment of Special Development District No. 28,
Christiania at Vail, adopting a development plan for Special Development
District No. 28, and providing for amendments to Special Development
District No. 28, Christiania at Vail, in regard to changes in the number of
dwelling units, modifications in common area and gross residential floor
area square footages, and amendments to the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and
setting forth details in regard thereto regard thereto.
Applicant: Gail and Richard Siegal, represented by Morter Architects
Planner: Bill Gibson
1. SUBJECT PROPERTY
The subject property is the Christiania at Vail, located at 356 Hanson Ranch Road/Lot D,
Block 2, Vail Village 15t Filing. The property is zoned Special Development District No.
28 with an underlying zoning of Public Accommodation.
II. BACKGROUND AND DESCRIPTION OF THE REQUEST
The applicants, Gail and Richard Siegal represented by Morter Architecture, are
proposing to consolidate Units 410 and 420 of the Chateau Christian Townhomes at the
Christiania at Vail into a single dwelling unit. The proposed consolidation of these two
units -will constitute an elimination of one dwelling unit from the. site. The property is
zoned Special Development District No. 28, with an underlying zoning of Public
Accommodation. Based upon the provisions of Section 12-9A-2, Vail Town Code, any
change in the number of dwelling units within a special development district (SDD)
requires the approval of a "major amendment" to that SDD. Therefore, the applicant is
requesting a major amendment to Special Development District No. 28, in regard to
changes in the number of dwelling units, modifications in common area and gross
residentia! floor area square footages, and amendments to the development plan.
At its March 25, 2002, public hearing the Planning and Environmental Commission
reviewed the proposal and voted 6-0 to forward a recommendation of approval to the
Town Council for the proposed major amendment to Special Development District No.
28. The Planning and Environmental Commission's findings and recommended
conditions of approval are identified in the March 25, 2002, staff memorandum to the
Commission. Ordinance No. 8, Series of 2002, re-establishes Special Development
District No. 28 and amends the permitted number of dwelling units and floor area
allocations of Special Development District No. 28, to allow for the change in the number
of dwelling unit at the Christiania at Vail.
Since the March 25, 2002, Planning and Environmental Commission public hearing, it
has been determined that the existing regulations of Special Development District No. 28
do not make specific mention of development standards for the Chateau Christian
Townhouses building at the Christiania at Vail. Therefore, staff has since revised the
proposed Ordinance No. 8, Series of 2002, to include language specifically referencing
the Chateau Christian Townhomes building. These revisions to the proposed Ordinance
No. 8, Series 2002, are based upon the previously approved development plans for the
Chateau Christian Townhouses building and make no changes to the those previously
approved development standards other than to modify the number of allowed dwelling
units to address this application to consolidate units 410 and 420.
Also since the March- 25, 2002, Planning and Environmental Commission public hearing,
the applicant submitted a Design Review application for the construction of dormers as
part of the consolidation of units 410 & 420. The application for the proposed dormers
was reviewed and conditionally approved by the Design Review Board at its April 17,
2002, public hearing. An additional amendment to this application was reviewed and
denied by the Design Review Board at its May 1, 2002, public hearing.. The applicant is
currently proposing to proceed with their April 17, 2002 design review approval. Please
note that this design review approval is contingent upon Town Council approval of this
amendment to Special Development District No. 28; and if the Town Council chooses to
deny this proposed amendment to Special Development District No. 28 the April 17,
2002, Design Review Board approval will be null and void.
Additionally, the applicant has submitted a draft version of a revised condominium map
for the Chateau Christian Townhouses to begin addressing the condition of approval
recommended by the Planning and Environmental Commission.
At its May 21, 2002, public hearing the Town Council voted 6-1 to approve Ordinance
No. 8, Series of 2002, on first reading subject to the conditions of approval identified in
the staff memorandum. The May 21, 2002 staff memorandum has been attached for
reference.
III. STAFF RECOMMENDATION
The Community Development Department recommends that Town Council approve the
proposed major amendment to Special Development District No. 28, to allow for a
change in the number of dwelling units, modifications in common area and gross
residential floor area square footages; and amending the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details
in regard thereto, located at 356 Hanson Ranch Road {Christiania at Vail), Units 410 &
420.
The staff's recommendation for approval. is based upon the review of the applicable
policies and regulations outlined in Sections IV and V of the Staff Memorandum to the
Planning and Environmental Commission dated March 25, 2002; the criteria outlined in
Section VI of the Staff Memorandum to the Planning and Environmental Commission
dated March 25, 2002; and the evidence presented. Should the Town Council choose to
approve the proposed major amendment to Special Development District No. 28, staff
recommends that the following findings be made part of the Council's motion:
2
_,
1. That the proposed major amendment to Special Development District No. 28,
Christiania at Vail, complies with the nine design criteria outlined in Section 12-
9A-8, Vail Town Code.
2. That the applicant, as required, has demonstrated to the satisfaction of the
Commission that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public
benefits provided or has demonstrated that one or more of the development
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
Should the Town Council choose approve Ordinance No. 8, Series 2002, the Community
Development Department recommends the following condition of approval:
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.
IV. APPLICABLE. POLICIES REGULATONS AND MASTER PLANS
COMPLIANCE WITH THE PURPOSE STATEMENT OF PUBLIC ACCOMMODATION
DISTRICT
Staff believes this proposal is in compliance with the purpose statement of the Public
Accommodation District as identified in Section IV of the Staff Memorandum to the
Planning and Environmental Commission dated March 25, 2002.
COMPLIANCE WITH THE VAIL LAND USE PLAN
Staff believes this proposal is in compliance with the Vail Land Use Plan. as identified in
Section VI of the Staff Memorandum to the Planning and Environmental Commission
dated March 25, 2002.
COMPLIANCE WITH THE VAIL VILLAGE MASTER PLAN
Staff believes this proposal is in compliance with the Vail Village Master Plan as
identified in Section V of the Staff Memorandum to the Planning and Environmental
Commission dated March 25, 2002.
COMPLIANCE WITH THE STREETSCAPE MASTER PLAN
There are no site improvements or any exterior construction associated with this
proposal; therefore Staff does not believe that the provisions of the Streetscape
Masterplan are applicable.
3
COMPLIANCE WITH THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND
DESIGNCONSIDERATIONS FOR VAIL VILLAGE
As identified in Section V of the Staff Memorandum to the Planning and Environmental
Commission dated March 25, 2002, this property is not located within the area included
in the Urban Design Guide Plan; therefore Staff does not believe that the provisions of
the Urban Design Guide Plan are applicable.
4
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: May 21, 2002
SUBJECT: An ordinance repeating and reenacting Ordinance No. 8, Series of 1992,
providing for the re-establishment of Special Development District No. 28,
Christiania at Vail, adopting a development plan for Special Development
District No. 28, and providing for amendments to Special Development
District No. 28, Christiania at Vail, in regard to changes in the number of
' dwelling units, modifications in common area and gross residential floor
area square footages, and amendments to the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and
setting forth details in regard thereto regard thereto.
Applicant: Gail and Richard Siegal, represented by Morter Architects
Planner: Bill Gibson
SUBJECT PROPERTY
The subject property is the Christiania at Vail, located at 356 Hanson Ranch Road/Lot D,
Block 2, Vail Village 15t Filing. The property is zoned Special Development District No.
28 with an underlying zoning of Public Accommodation.
11. BACKGROUND AND DESCRIPTION OF THE REQUEST
The applicants, Gail and Richard Siegal represented by Morter Architecture, are
proposing to consolidate Units 410 and 420 of the Chateau Christian Townhomes at the
Christiania at Vail into a single dwelling unit. The proposed consolidation of these two
units will constitute an elimination of one dwelling unit from the site. The. property is
zoned Special Development District No. 28, with an underlying zoning of Public
Accommodation. Based upon the provisions of Section 12-9A-2, Vail Town Code, any
change in the number of dwelling units within a special development district (SDD)
requires the approval of a "major amendment" to that SDD. Therefore, the applicant is
requesting a major amendment to Special Development District No. 28, in regard to
changes in the number of dwelling units, modifications in common area and gross
residential floor area square footages, and amendments to the development plan.
At its March 25, 2002, public hearing the Planning and Environmental Commission
reviewed the proposal and voted 6-0 to forward a recommendation of approval to the
Town Council for the proposed major amendment to Special Development District No.
28. The Planning and Environmental Commission's findings and recommended
conditions of approval are identified in the March 25, 2002, staff memorandum to the
Commission. Ordinance No. 8, Series of 2002, re-establishes Special Development
District No. 28 and amends the permitted number of dwelling units and floor area
allocations of Special Development District No. 28; to allow for the change in the number
of dwelling unit at the Christiania at Vail.
Since the March 25, 2002, Planning and Environmental Commission public hearing, it
has been determined that the existing regulations of Special Development District No. 28
do not make specific mention of development standards for the Chateau Christian
Townhouses building at the Christiania at Vail. Therefore, staff has since revised the
proposed Ordinance No. 8, Series of 2002, to include language specifically referencing
the Chateau Christian Townhomes building. These revisions to the proposed Ordinance
No. 8, Series 2002, are based upon the previously approved development plans for the
Chateau Christian Townhouses building and make no changes to the those previously
approved development standards other than to modify the number of allowed dwelling
units to address this application to consolidate units 410 and 420.
Also since the March 25, 2002, Planning and Environmental Commission public hearing,
the applicant submitted a Design Review application for the construction of dormers as
part of the consolidation of units 410 & 420. -The application for the proposed dormers
was reviewed and• conditionally approved by the Design Review Board at its April 17,
2002, public hearing. An additional amendment to this application was reviewed and
denied by the Design Review Board at its May 1, 2002, public hearing. The applicant is
currently proposing to proceed with their April 17, 2002 design review approval. Please
note that this design review approval is contingent upon Town Council approval of this
amendment to Special Development District No. 28; and if the Town Council chooses to
deny this proposed amendment to Special Development District No. 28 the April 17,
2002, Design Review Board approval will be null and void.
Additionally, the applicant has submitted a draft version of a revised condominium map
for the Chateau Christian Townhouses to begin addressing the condition of approval
recommended by the Planning and Environmental Commission.
lll. STAFF RECOMMENDATION
The Community Development Department recommends that Town Council approve the
proposed major amendment to Special Development District No. 28, to allow for a
change in the number of dwelling units, modifications in common area and gross
residential floor area square footages; and amending the development plan in
accordance with Title 12, Chapter 9, of the Vail Municipal Code and setting forth details
in regard thereto, located at 356 Hanson Ranch Road (Christiania at Vail), Units 410 &
420.
The staff's recommendation for approval is based upon the review of the applicable
policies and regulations outlined in Sections IV and V of the Staff Memorandum to the
Planning and Environmental Commission dated March 25, 2002; the criteria outlined in
Section VI of the Staff Memorandum to the Planning and Environmental Commission
dated March 25, 2002; and the evidence presented. Should the Town Council choose to
approve the proposed major amendment to Special Development District No. 28, staff
recommends that the following findings be made part of the Council's motion:
2
1. That the proposed major amendment to Special Development District No. 28,
Christiania at Vail, complies with the nine design criteria outlined in Section 12-
9A-8, Vail Town Code.
2. That the applicant, as required, has demonstrated to the satisfaction of the
Commission that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public,
benefits provided or has demonstrated that one or more of the development
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
Should the Town Council choose to approved Ordinance 8, Series 2002, the Community
Development Department recommends the following condition of approval:
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.
IV. APPLICABLE POLICIES, REGULATONS, AND MASTER PLANS
COMPLIANCE WITH THE PURPOSE STATEMENT OF PUBLIC ACCOMMODATION
DISTRICT
Staff believes this proposal is in compliance with the purpose statement of the Public
Accommodation District as identified in Section IV of the Staff Memorandum to the
Planning and Environmental Commission dated March 25, 2002.
COMPLIANCE WITH THE VAIL LAND USE PLAN
Staff believes this proposal is in compliance with the Vail Land Use Plan as identified in
Section VI of the Staff Memorandum to the Planning and Environmental Commission
dated March 25, 2002.
COMPLIANCE WITH THE VAIL VILLAGE MASTER PLAN
Staff believes this proposal is in compliance with the Vail Village Master Plan as
identified in Section V of the Staff Memorandum to the Planning and Environmental
Commission dated March 25, 2002.
COMPLIANCE WITH THE STREETSCAPE MASTER PLAN
There are no site improvements or any. exterior construction associated with this
proposal; therefore Staff does not believe that the provisions of the Streetscape
Masterplan are applicable.
3
COMPLIANCE WITH THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND
DESIGNCONSIDERATIONS FOR VAIL VILLAGE
As identified in Section V of the Staff Memorandum to the Planning. and Environmental
Commission dated March 25, 2002, this property is not located within the area included
in the Urban Design Guide Plan; therefore Staff does not believe that the provisions of
the Urban Design Guide Plan are applicable.
4
ORDINANCE N0. 8 ~ ' j
Series of 2002
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 8,
SERIES OF 1992, PROVIDING FOR THE RE-ESTABLISHMENT OF SPECIAL
DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, ADOPTING A DEVELOPMENT
PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 28, AND PROVIDING FOR
AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, IN
REGARD TO CHANGES IN THE NUMBER OF DWELLING UNITS, MODIFICATIONS IN
COMMON AREA AND GROSS RESIDENTIAL FLOOR AREA SQUARE FOOTAGES, AND
AMENDMENTS TO THE DEVELOPMENT PLAN 1N ACCORDANCE WITH 71TLE 12,
. CHAPTER 9, OF THE VAIL TOWN CODE AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Title 12, Chapter 9 of the Vail Town Code authorizes Special Development
Districts within the Town in order 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 with 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.
WHEREAS, in 1992, the Town Council adopted Ordinance No. 8, Series of 1992,
establishing Special Development District No. 2$, Christiania at Vail (SDD 28); and
WHEREAS, Section 12-9A-1 D of the Vail Town Code permits major amendments to
previously approved Special Development Districts; and
WHEREAS, the applicant, Gail and Richard Siegal represented by Morter Architecture,
has submitted an application for a major amendment to the existing Special Development
District No. 28, Christiania at Vail; and
WHEREAS, the applicant has complied with the requirements outlined in Section 12-9A-
10 of the Vail Town Code; and
- WHEREAS, the purpose of this ordinance is toprovide for the repeal, re-establishment,
and amendment of Special Development District No. 28, Christiania at Vail, in regard to
changes in the number of dwelling units, modifications in common area and gross residential
floor area square footages, and amendments fo the development plan in accordance with Title
12, Chapter 9; of the Vail Town Code and setting forth details in regard thereto; and
WHEREAS, the approval of the major amendment to Special Development District No:=
28, Christiania at Vail, and the development standards in regard thereto shall not establish
precedent or entitlements elsewhere within the Town of Vail; and
WHEREAS, in accordance with the provisions outlined in Title 12 of the Vail Town Code,
the Planning & Environmental Commission held a public hearing on the major amendment
application on March 25, 2002; and
WHEREAS, all public notices as required by the Vail Town Code have been published
and sent to the appropriate parties; and
WHEREAS, the Planning & Environmental Commission has recommended approval of
the major amendment to Special Development District No. 28, Christiania at Vail and has
submitted its recommendations to the Town Council; and
WHEREAS, the Town Council considers it in the best interest of the public health,
safety, and welfare to approve the major amendment and adopt the revised Approved
Development Plan for Special Development District No. 28, Christiania at Vail; and
WHEREAS, the Vail Town Council finds that the major amendement for Special
Development District No. 28, Christiania at Vail, will ensure unified and coordinated
development within the Town of Vail in a manner suitable for the area in which it is situated;
and,
WHEREAS, the Town Councii finds that the underlying zoning designation of Public
Accommodation District is compatible wish and suitable to adjacent uses, and is consistent with
the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; and
WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the
Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 8, Series of
1992, to provide for such changes in Special Development District No. 28, Christiania at Vail;
and
E
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~ 'obi
WHEREAS, the Town Council finds that the major amendment to Special Development
District No. 28, Christiania at Vail, is in the best interest of the town as it meets the Town's
development objectives as identified in the Town of Vail Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 8, Series of 1992 is hereby repealed and re-enacted to read as
follows:
Section 1: Purpose of the Ordinance
The purpose of this ordinance is to provide for the repeal, re-establishment, and
amendment of Special Development District No. 28, Christiania at Vail, in regard to changes in
the number of dwelling units, modifications in common area and gross residential floor area
square footages, and amendments to the development plan in accordance with Title 12,
Chapter 9, of the Vail Town Code and setting forth details in regard thereto.
Section 2: Amendment Procedures Fulfilled, Planning Commission Report
The review procedures prescribed in Section 12-9-10 of the Vail Town Code have been
fulfilled, and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed major amendment Special Development
District No. 28, Christiania at Vail.
Section 3: Special Development District No. 28, Christiania at Vail
The Special Development District and the major amendment to the approved
development plan are established to ensure comprehensive development and use of the area
in a manner that would be harmonious with the general character of the Town, provide
adequate open space and recreation amenities, and promote the goats, objectives and
policies of the Town of Vail Comprehensive. Plan. Special Development District No. 28 is
regarded as being complementary to the Town of Vail by the Town Council and the Planning
and Environmental Commission, and has been established since there are significant aspects
of the Special Development District that cannot be satisfied through the imposition of the
standard Public Accommodation District requirements.
~ T '.
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Section 4: Aaaroved Develoament Plans
The Town Council finds that the amended approved development plan for Special
Development District No. 28 meets each of the standards set forth in Section 12-9A-10 of the
Vail Town Code. In accordance with Section 12-9A-10 of the Vail Town Code, the amended
development plan for Special Development District No. 28, legally described as Lot D, Block 2,
Vail Village 151 Filing, is approved and Special Development District No. 28 is hereby approved.
The amended approved development plan is comprised of those plans submitted by the
developer/applicant and consists of the following documents:
1. Sheet No. AI, dated January 27, 1992 and revised March 16, 1992 (site plan),
prepared by Pierce, Segerberg &Spaeh Architects.
2. Sheet Nos. A2-A5, dated January 27, 1992 and revised March 16, 1992 (first,
second, third and fourth floor plans), prepared by Pierce, Segerberg 8 Spaeh
Architects.
3. Sheet No. A6, dated January 27, 1992 (roof plan), prepared by Pierce,
Segerberg &Spaeh Architects.
4. Sheet No. A7-A9, dated January 27, 1992 and revised March 16, 1992 (North,
South, East and West elevations), prepared by Pierce, Segerberg &Spaeh
Architects.
5. Sheet No. L1, dated January 27, 1992 and revised March 6 and March 16,
1992 (landscape plan), prepared by Pierce, Segerberg &Spaeh Architects.
6. Parking Ptan for Lot P-3, dated February 8, 1992 and revised February 18,
1992 and March 16, 1992, prepared by Pierce, Segerberg &Spaeh Architects.
7. North elevation of lobby, dated April 22, 1991, prepared by Pierce, Segerberg &
Spaeh Architects.
8. Proposed Dumpster Relocation, dated April 21, 1992, prepared by Pierce,
Segerberg &Spaeh Architects.
9: Siegal Residence, 4`h Floor Plan, dated April 19, 2002, prepared by Morter
Architects.
10. Siegel Residence, Loft Plan, dated April 19, 2002, prepared by Morter
Architects.
11. Chateau Christian, East Elevation, dated April 19, 2002, prepared by
Morter Architects.
12. Chateau Christian, West Elevation, dated April 19, 2002, prepared by
Morter Architects.
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13. Chateau Christian, North Elevation, dated April 19, 2002, prepared by
Morter Architects.
14. Chateau Christian, South Elevation, dated April 19, 2002, prepared by
Morter Architects.
15. First Amendment to the Condominium Map for Chateau Christian
Townhouses, prepared by Eagle Valley Surveying, Inc.
Section 5: Approved Development Standards
The Town Council finds that any deviation of the development standards from the
underlying zone district provides benefits to the Town that outweigh the adverse effects of
such deviation. The development standards for Special Development District No. 28 are
approved by the Town Council as a part of the approved development plan as follows:
A. SETBACKS:
Setbacks shall be as designated on the development plans set forth in Section
4 of this Ordinance.
B. HEIGHT
Building height for the Christiania at Vail building, for a sloping roof, shall not
exceed 48 feet from existing or finished grade, whichever is more restrictive; or
for a flat or mansard roof, shall not exceed 45 feet from existing or finished
grade, whichever is more restrictive. The building height for the Chateau
Christian Townhouses building shall be as designated on the
development plans set forth in Section 4 of this Ordinance.
C. DENSITY:
Development in Special Development District No. 28 shall be limited to a
maximum of 3 dwelling units and 21 accommodation units at the Christiania at
Vail building, as designated on the floor plans set forth in Section 4 of this
Ordinance, and as follows:
1. The Gross Residential Floor Area (GRFA) shall be limited to a
maximum of 14,117 sq. ft., of which 7,335 sq. ft shall be
dedicated to accommodation units, 5,041 sq. ft. shall be
dedicated to dwelling units and 1,741 sq. ft. shall be dedicated to
excess common area. It should also be noted that the provision
for an additional 425 sq. ft. of GRFA, which is applicable to
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certain zone districts, does not apply to this Special Development
District.
a. The applicant or his successors in interest agree to
permanently restrict one off-site dwelling unit, (the secondary
unit in a primarylsecondary residence located at 1184 Cabin
Circle/Lot 2, Block 2, Vail Valley First Filing, for use by
employees in accordance with Title 12, Chapter 13, Vail
Town Code.
2. The applicant or his successors in interest agree to permanently
restrict one on-site dwelling unit, (the third floor dwelling unit in
the Christiania Lodge) located at 356 Hanson Ranch Road/Lot D,
Block 2, Vail Village First Filing, according to Title 13, Chapter 7
(Condominiums and Condominium Conversion), of the Vail Town
Code. The applicant or his successors in interest shall file a
declaration of covenants and restrictions with the Clerk and
Recorder of Eagle County in a form approved by the Town
Attorney for the benefit of the Town to insure the restrictions set
forth herein shall run with the land. Said declaration shall not be
amended or terminated without the written approval of the Town
of Vail. Subsequent to the effective date of this ordinance, no
building permit shall be issued for the redevelopment of this
Special Development District No. 28 until said declaration of
covenants and restrictions are executed and filed with the Eagle .
County Clerk and Recorder.
Development in Special Development District No. 28 shall be limited to a
maximum of 7 dwelling units in the Chateau Christian Townhouses
building and shall be as designated on the development plans set forth in
Section 4 of this Ordinance.
' D. SITE COVERAGE:
The maximum allowable site coverage for Lo# D shall not exceed 39% of the
buildable lot size and shall be as designated on the development plans set forth
in Section 4 of this Ordinance.
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- E. LANDSCAPING:
At least thirty-two percent (32%) of Lot D shall be landscaped and shall be as
designated on the development plans sef forth in Section 4 of this Ordinance.
F. PARKING:
Parking for Special Development District No. 28 shall be met as designated on
- the development plans set forth in Section 4 of this Ordinance.
Section 6.
.The applicant or his successors in interest agrees to perform the following:
1. The applicant or his successors in interest shall obtain a revocable right-of-way
permit from the Town in order to add the proposed landscaping at the entrance
to the Lot P-3 parking area, as designated on the development plans set forth
in Section 4 of this Ordinance.
2. The applicant or his successors in interest has agreed to financially participate
in the construction of a sidewalk along the west side of the Mill Creek Court
Chute, from Hanson Ranch Road to West Gore Creek Drive, as designated in
the Town's adopted Streetscape Master Plan. Such financial contribution shall
not exceed one third of the total cost of the sidewalk.
3. If and when the Town of Vail or other party develops sparking/loading delivery
facility on Parcels P-3 and Lot J, Block 5-A, Vail Village 5th Filing, the applicant
or his successors in interest shall not remonstrate against the development of a
parking/loading facility as long as the amount of parking that the applicant
currently has on parcel P-3, Block 5-A, Vail Village 5th Filing, including either
the right-of-way to the east or west, is incorporated into the parking/loading
. facility. The number of spaces shall not include valet parking.
Section 7.
Amendments to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a regularly scheduled public
hearing in accordance with the provisions of Section 12-3-6 and 12-9A-10 of the Vail Town
Code. Amendments which do change the substance of the development plan shall be required
to be approved by the Town Council after the above procedure has been followed. The
Community Development Department shall determine what constitutes a change in the
substance of the development plan.
- _ ,~ -
Section 8.
If any part, section, subsection, sentence, clause or phrase of this. ordinance is for any
reason held to be invalid, such decision shall not 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 9.
The repeal or the repeal and reenactment of any provision of the Vail 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 of by virtue of the provision repealed or
repealed and reenacted. The repeal. of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 10.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2151 day of May, 2002, and a public
hearing for second reading of this Ordinance set for the 4`h day of June, 2002, in the Council
Chambers of the Vail Town Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4~h day of
June, 2002.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: March 25, 2002
SUBJECT: A request for a recommendation to the Vail Town Council regarding a major
amendment to Special Development District No. 28, to allow for the elimination of
a dwelling unit, located at 356 Hanson Ranch Road (Christiania at Vail), Units
410 & 420/Lot D, Block 2, Vail Village 15' Filing.
Applicant:. Gail and Richard Siegal, represented by Morter Architects
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST AND BACKGROUND
The applicants are requesting to consolidate two existing fourth-story residential dwelling
units at the Christiania at Vail, located at 356 Hanson Ranch Road. The proposed
consolidation of units 410 and 420 at the Christiania_at Vail wilt constitute the elimination
of one dwelling unit within. Special Development District No. 28.
The elimination of a dwelling unit will bring the density of Special Development District
No. 28 more into conformance with the density requirements of the underlying Public
Accommodation District zoning. Pursuant to Section 12-9A-2, Vail Town Code, any
request to change the number of dwelling or accommodation units within a special
development district constitutes a "major amendment" request.
In 1992, the Vaii Town Council passed Ordinance No. 8, Series 1992, establishing
Special Development Districts No. 28, Christiania at Vail, and adopting a development
plan for Special Development District No. 28 in accordance with the requirements of the
Vail Town Code. Any major amendment to Special Development District No. 28 requires
Planning and Environmental Commission review and the approval of an ordinance by the
Town Council. A draft version of Ordinance 8, Series of 2002, which repeals and
reenacts Ordinance 8, Series of 1992, with the proposed amendments has been
attached for review. No exterior construction is being proposed as part of the
consolidation of these two dwelling units, therefore, this proposal does not require
Design Review approval.
I1. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval to the Vail Town
Council regarding the proposed major amendment to Special Development District No.
28, to allow for the elimination of a dwelling unit, located at 356 Hanson Ranch Road
(Christiania at Vail), Units 410 & 420. The staffs recommendation for approval is based
upon the review of the applicable policies and regulations outlined in Section IV and V of
this memorandum, the criteria outlined in Section VI of this memorandum, and the
evidence presented. Should the Planning and Environmental Commission choose to
forward a recommendation of approval of this request to the Town Council, staff
recommends that the following findings be made part of the Commission's motion:
1. That the proposed major amendment to Special Development District No. 28,
Christiania at Vail, complies with the design criteria outlined in Section 12-9A-8, Vail
Town Code.
2. That the applicant, as required, has demonstrated to the satisfaction of the
Commission that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public
benefits provided or has demonstrated that one or more of the development
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for the requested major amendment, staff would
recommend that the approval carry with it the following 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.
ZONING /DEVELOPMENT STATISTICS
Lot size: 0.380 acres (16,553 sq.ft.)
Underlying PA Zoning (1992) SDD No. 28 (1992) Proposed
Total GRFA: 13,242 sq.ft. 14,117 sq.ft. no change
Density: 9 dwelling units 3 du's_& 21 au's = 2 du's + 21 au's =
13.5 d u's 12.5 d u's
AU GRFA N/A 7,335 sq.ft. no change
DU GRFA N/A 5,041 sq.ft. 5,202 sq.ft.
Common Area N/A 1,741 sq.ft. 1,579 sq.ft.
Site coverage: 55% 39% no change
Landscaping: 30% 32% no change
Setbacks:
front: 20 ft. 15 ft. no change
side: 20 ft./20ft. 0 ftJ10 ft. no change
rear: 20 ft. 8 ft. 6 in. no change
Height: 48' sloping/45' flat 44 ft. flat no change
Parking/Loading:. N/A 41 spaces no change
2
IV. COMPLIANCE WITH THE PURPOSE OF SPECIAL DEVELOPMENT DISTRICTS
Title12, Chapter 9, Vail Town Code, provides for the establishment of Special
Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of
a Special Development District is as follows:
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 fo 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 5pecia/ Development District.
Staff believes that the proposed major amendment to Special Development District No. 28 conforms
to the purpose of Special Development Districts. At the time of its establishment, Special
Development District No. 28 allowed a density that exceeded what would have been allowed by the
underlying zoning. The proposed elimination of one dwelling unit brings the density of Special
Development District No. 28 more into conformance with the density requirements of the underlying
Public Accommodation District.
V. COMPLIANCE WITH THE VAIL VILLAGE MASTER PLAN
The goals for Vail Village are summarized in six major goal statements. Each major goal
focuses on a particular aspect of the Village community.
"Goal 1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order fo sustain a sense of community
and identity."
This proposal complies with this goal by upgrading and redeveloping an existing
residential property in the Village without altering the existing architecture of the property.
"Goal 2 To foster a tourist industry and promote year-round economic health and
viability for the Village and for the community as a whole."
This proposal complies with this goal by upgrading and redeveloping an existing
residential property in the Village. However, the cumulative effect of reducing the number
dwelling units in the Village may have a negative affect on the economic health and
viability of the Village.
"Goal 3 To recognize as a top priority the enhancement of the walking experience
throughout the Village."
This proposal will have little or no affect on the walking experience throughout the
Village.
"Goal 4 To preserve existing open space areas and expand green space
opportunities. "
This proposal will have no affect on any open space areas or green space opportunities.
"Goal 5 Increase and improve the capacity, efficiency and aesthetics of the
transportation and circulation system throughout the Village. "
This proposal complies with this goal by eliminating one dwelling unit at the existing
Christiania at Vail, thus decreasing the number of daily vehicular trips to this site.
"Goal 6 To ensure the continued improvement of the vital operational elements of
the Village. "
This proposal will have little or no affect on the operational elements of the Village.
VI, MAJOR AMENDMENT TO A SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA
The Town Code provides nine design criteria, which shall be used as the principal criteria
in evaluating the merits of the proposed Special Development District. It shall be the
burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following standards, or demonstrate that one
or more of them is not applicable, or that a practical solution consistent with the public
interest has been achieved.
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual integrity
and orientation.
There are no site improvements or any exterior construction associated with this
proposal; therefore Staff does not believe that this criterion is applicable to this
proposal
B. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
There is no proposed change in use or activity associated with this proposal.
Staff believes that the proposed reduction in density continues to provide a
compatible, efficient and workable relationship with surrounding uses and activity.
The proposed elimination of one dwelling unit brings the density of Special
Development District No. 28 more into conformance with the previous density
requirements of the underlying Public Accommodation District. However, the
cumulative effect of reducing the number dwelling units in the Village may have a
negative affect on the economic health and viability of the Village.
4
C. Compliance with parking and loading requirements as outlined in Title 12,
Chapter 10, of the Town Code.
This proposal complies with the parking and loading standards of the approved
development plan and Staff believes that the reduction of one dwelling unit will
have a positive impact on parking availability for the Christiania at Vail.
D. Conformity with the applicable elements of the Vail Comprehensive Plan,
Town policies and Urban Design Plan.
Vail Land Use Plan
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.
1.4 The original theme of the old Village Core should be carried into
new development in the Village Core through continued
implementation of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and should
be preserved. (scale, alpine character, small town feeling, mountains,
natural setting, intimate size, cosmopolitan feeling, environmental quality.)
5.4 Residential growth should keep pace with the marketplace demands for a
full range of housing types.
Staff finds the application to be in conformance with all applicable goals,. policies
and objectives outlined in the Vail Land Use Plan.
Vail Village Urban Design Guide Plan
This property is not located within the area included in the Urban Design Guide
Plan; therefore Staff does not believe that the provisions of the Urban Design
Guide Plan are applicable.
E. Identification and mitigation of natural and/or geologic hazards that affect
the property on which the special development district is proposed.
According to the Town of Vail's Official Hazard Maps, there are no natural or
geologic hazards present on the subject property.
5
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.
There are no site improvements or any exterior construction associated with this
proposal; therefore Staff does not believe that this criterion is applicable to this
proposal.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
There are no site improvements or any exterior construction associated with this
proposal that directly affect the existing vehicular or pedestrian traffic circulation.
The elimination of one dwelling unit from the site should provide a net decrease in
the number of daily vehicular trips to/from the site, and Staff believes that this will
have a positive impact on vehicular traffic circulation at the Christiania at Vail.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
There are no site improvements or any exterior construction associated with this
proposal; therefore Staff does not believe that this criterion is applicable to this
proposal.
I. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
There is no phasing of this proposal; therefore Staff does not believe that this
criteria is applicable to this proposal.
VII. FINDINGS
The Planning and Environmental Commission shall make the following findings before
forwarding a recommendation of approval to the Town Council for a major amendment to
a Special Development District:
1. That the proposed major amendment to Special Development District No. 28,
Christiania at Vaii, complies with the nine design criteria outlined in Section 12-9A-8,
Vail Town Code.
2. That the applicant, as required, has demonstrated to the satisfaction of the
Commission that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public
benefits provided or has demonstrated that one or more of the development
standards is not applicable, or that a practical solution consistent with the public
interest has been achieved.
6
ORDINANCE N0. 8 `' ~- ~ ~ ~ ~~
Series of 2002
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 8,
SERIES OF 1992, PROVIDING FOR THE RE-ESTABLISHMENT OF SPECIAL
DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, ADOPTING A DEVELOPMENT
PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 28, AND PROVIDING FOR
AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 28, CHRISTIANIA AT VAIL, IN
REGARD TO CHANGES IN THE NUMBER OF DWELLING UNITS, MODIFICATIONS IN
COMMON AREA AND GROSS RESIDENTIAL FLOOR AREA SQUARE FOOTAGES, AND
AMENDMENTS TO THE DEVELOPMENT PLAN IN ACCORDANCE WITH TITLE 12,
CHAPTER 9, OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN
REGARD THERETO.
.WHEREAS, Title 12, Chapter 9 of the Vail Municipal Code authorizes Special
Development Districts within the Town in order 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 with 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.
WHEREAS, in 1992, the Town Council adopted Ordinance No. 8, Series of 1992,
establishing Special Development District No. 28, Christiania at Vail (SDD 28); and
WHEREAS, Section 12-9A-1D of the Vail Municipal Code permits major amendments to
previously approved Special Qevelopment Districts; and
WHEREAS, the applicant, Gail and Richard Siegal represented by Morter Architecture,
has submitted an application for a major amendment to the existing Special Development
District No. 28, Christiania at Vail; and
WHEREAS, the applicant has complied with the requirements dutlined in Section 12-9A-
1 D of the Vail Municipal Code; and
WHEREAS, the purpose of this ordinance is to provide for the repeal, re-establishment,
and amendment of Special Development District No. 28, Christiania at Vail, in regard to
changes in the number of dwelling units, modifications in common area and gross residential
floor area square footages, and amendments to the development plan in accordance with Title
12, Chapter 9, of the Vail Municipal Code and setting forth details in regard Thereto; and
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WHEREAS, the approval of the major amendment to Special Development District No.
28, Christiania at Vail, and the development standards in regard thereto shall not establish
precedent or entitlements elsewhere within the Town of Vail; and
WHEREAS, in accordance with the provisions outlined in Title 12 of the Vail Municipal
Code, the Planning i~ Environmental Commission held a public hearing on the major
amendment application on March 25, 2002; and
. WHEREAS, all public notices as required by the Vail Municipal Code have been
published and sent to the appropriate parties; and
WHEREAS, the Planning & Environmental Commission has recommended approval of
the major amendment to Special Development District No. 28, Christiania at Vail and has
submitted its recommendations to the Town Council; and
WHEREAS, the Town Council considers it in the best interest of the public health,
safety, and welfare to approve the major amendment and adopt the revised Approved
- Development Plan for Special Development District No. 28, Christiania at Vail; and
WHEREAS, the Vail Town Council finds that the major amendement for Special
Development District No. 28, Christiania at Vail, will ensure unified and coordinated
development within the Town of Vail in a manner suitable for the area in which it is situated;
and,
WHEREAS, the Town Council finds that the underlying zoning designation of Public
Accommodation District is compatible with and suitable to adjacent uses, and is consistent with
the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area; and
WHEREAS, the Town Council finds it is reasonable, appropriate, and beneficial to the
Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 8, Series of
- 1992, to provide for such changes in Special Development District No. 28, Christiania at Vail;
and
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WHEREAS, the Town Council finds that the major amendment to Special Development
District No. 28, Christiania at Vail, is in the best interest of the town as it meets the Town's
development objectives as identified in the Town of Vail Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 8, Series of 1992 is hereby repealed and re-enacted to read as
follows:
Section 1: Purpose of the Ordinance
The purpose of this ordinance is to provide for the repeal, re-establishment, and
amendment of Special Development District No. 28, Christiania at Vail, in regard to changes in
the number of dwelling units, modifications in common area and gross residential floor area
square footages, and amendments to the development plan in accordance with Title 12,
Chapter 9, of the Vail Municipal Code and setting forth details in regard thereto.
Section 2: Amendment Procedures Fulfilled, Planning Commission Report
The review procedures prescribed in Section 12-9-10 of the Vail Municipal Code have
been fulfilled, and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed major amendment Special Development
District No. 28, Christiania at Vail.
Section 3: Special Development District No. 28, Christiania at Vail
The Special Develdpment District and the major amendment to the approved
development plan are established to ensure comprehensive development and use of the area
in a manner that would be harmonious with the general character of the Town, provide
adequate open space and recreation amenities, and promote the goals, objectives and
policies of the Town of Vail Comprehensive Plan. Special Development District No. 28 is
regarded as being complementary to the-Town of Vail by the Town Council and the Planning
and Environmental Commission, and has been established since there are significant aspects
of the Special Development District that cannot be satisfied through the imposition of the
standard Public Accommodation District requirements.
Section 4: Approved Development Plans
The Town Council finds that the amended approved development plan for. Special
.Development District No. 28 meets each of the standards set forth in Section 12-9A-10 of the
Vail Municipal Code. In accordance with Section 12-9A-10 of the Vail Municipal Code, the
amended development plan for Special Development District No. 28 is approved and Special
Development District No. 28 is hereby approved. The amended approved development plan is
comprised of those plans submitted by the developer/applicant and consists of the following
documents:
1. Sheet No. AI, dated January 27, 1992 and revised March 16, 1992 (site plan),
prepared by Pierce, Segerberg 8 Spaeh Architects.
2. Sheet Nos. A2-A5, dated January 27, 1992 and revised March 16, 1992 (first,
second, third and fourth floor plans), prepared by Pierce, Segerberg ~ Spaeh
Architects.
3. Sheet No. A6, dated January 27, 1992 (roof plan), prepared by Pierce,
Segerberg i~ Spaeh Architects.
4. Sheet Nos. A7-A9, dated January 27, 1992 and revised March 16, 1992 (North,
South, East and West elevations), prepared by Pierce, Segerberg 8 Spaeh
Architects.
5. Sheet No. L1, dated January 27, 1992 and revised March 6 and March 16,
1992 (landscape plan), prepared by Pierce, Segerberg &Spaeh Architects.
- 6. Parking Plan for Lot P-3, dated February 8, 1992 and revised February 18,
1992 and March 16, 1992, prepared by Pierce, Segerberg &Spaeh Architects.
7. North elevation of lobby, dated April 22, 1991, prepared by Pierce, Segerberg &
Spaeh Architects.
8. Proposed Dumpster Relocation, dated April 21,1992, prepared by Pierce,
Segerberg &Spaeh Architects.
9. Siegal Residence, Proposed 4"' Floor Plan, dated February 25, 2002,
prepared by Morter Architects.
10. Siegel Residence, Proposed Loft Plan, dated February 25, 20D2, prepared
by Morter Architects.
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Section 5: Approved Development Standards
The Town Council finds that any deviation of the development standards from the
underlying zone district provides benefits to the Town that outweigh the adverse effects of
.such deviation. The development standards for Special Development District No. 28 are
approved by the Town Council as a part of the approved development plan as follows:
A. SETBACKS: -
Setbacks shall be as designated on the development plans set forth in Section
4 of this Ordinance.
B. HEIGHT
Building height, for a sloping roof, shall not exceed 48 feet from existing or
finished grade, whichever is more restrictive; or for a flat or mansard roof, shall
not exceed 45 feet from existing or finished grade, whichever is more
restrictive.
C. DENSITY:
Development in Special Development District No. 28 shall be limited to a
maximum of 2 dwelling units and 21 accommodation units, as designated on
the floor plans set forth in Section 4 of this Ordinance, and as follows:
1. The Gross Residential Floor Area (GRFA) shall be limited to a
maximum of 14,117 sq. ft., of which 7,335 sq. ft shall be
dedicated to accommodation units, 5,2D2 sq. ft, shall be
dedicated to dwelling units and 1,579 sq. ft. shall be dedicated to
excess common area. !t should also be noted that the provision
for an additional 425 sq. ft. of GRFA, which is applicable to
certain zone districts, does not apply to this Special Development
District.
2. The applicant or his successors in interest agree to permanently
restrict one off-site dwelling unit, (the secondary unit in a
primary/secondary residence located at 1184 Cabin Circle/Lot 2,
Block 2, Vail Valley First Filing, for use by employees of the
Upper Eagle Valley (employee housing unit) in the following
manner:
a. The employee housing unit shall be provided with a full
kitchen (refrigerator, stove, sink, oven(microwave) and shall
-- ~
not be (eased or rented for any period less than 30 V
consecutive days and shall be rented only to tenants who are
full time employees in the Upper Eagle Valley.
b. The Upper Eagle Valley shall be deemed to include the Gore
Valley, Minturn, Red Cliff, Eagle-Vail and Avon and their
surrounding areas.
c. A full-time employee is a person who works an average of
thirty hours per week.
d. The applicant or his successors in interest shall file a
declaration of covenants and restrictions with the Clerk and
Recorder of Eagle County in a form approved by the Town
Attorney for the benefit of the Town to insure the restrictions
set forth herein shall run with the land. Said declaration shall
not be amended or terminated without the written approval of
the Town of Vail. Subsequent to the effective date of this
ordinance, no building permit shall be issued for the
redevelopment of this Special Development District No. 28
until said declaration of covenants and restrictions are
executed and filed with the Eagle County Clerk and
Recorder.
3. The applicant or his successors in interest agree to permanently
restrict one on-site dwelling unit, (the third floor dwelling unit in
the Christiania Lodge) located at 356 Hanson Ranch Road/Lot D,
Block 2, Vail Village First Filing, according to Title 13, Chapter 7
(Condominiums and Condominium Conversion), of the Vail
Municipal Code. The applicant or his successors in interest shall
file a declaration of covenants and restrictions with the Clerk and
Recorder of Eagle County in a form approved by the Town
' Attorney for the benefit of the.Town to insure the restrictions set
forth herein shall run with the land. Said declaration shall not be
amended or terminated without the written approval of the Town
of Vail. Subsequent to the effective date of this ordinance, no
building permit shall be issued for the redevelopment of this
Special Development District No. 28 until said declaration of
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covenants and restrictions are executed and filed with the Eagle
County Clerk and Recorder.
D. SITE COVERAGE:
The maximum allowable site coverage for Lot D shall not exceed 39% of the
buildable lot size and shall be as designated on the development plans set forth
• in Section 4 of this Ordinance.
E. .LANDSCAPING:
At least thirty-two percent {32%) of Lot D shall be landscaped and shall be as
designated on the development plans set forth in Section 4 of this Ordinance.
F. PARKING:
Parking for Special Development District Na. 28 shall be met as designated on
the development plans set forth in Section 4 of this Ordinance.
Section 6.
The applicant or his successors in interest agrees to perform the following:
1. The applicant or his successors in interest shall obtain a revocable right-of-way
permit from the Town in order to add the proposed landscaping at the entrance
to the Lot P-3 parking area, as designated on the development plans set forth
in Section 4 of this Ordinance.
2. The applicant or his successors in interest has agreed to financially participate
in the construction of a sidewalk along the west side of the Mill Creek Court
Chute, from Hanson Ranch Road to West Gore Creek Drive, as designated in
the Town's adopted Streetscape Master Plan. Such financial contribution shall
not exceed one third of the total cost of the sidewalk.
3. If and when the Town of Vail or other party develops sparking/loading delivery
facility on Parcels P-3 and Lot J, Block 5-A, Vail Village 5th Filing, the applicant
or his successors in interest shall not remonstrate against the development of a
parking/loading facility as long as the amount of parking that the applicant
currently has on parcel P-3, Block 5-A,. Vail Village 5th Filing, including either
the right-of-way to the east or west, is incorporated into the parking/loading
facility. The number of spaces shall not include valet parking.
Section 7.
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Amendments to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a regularly scheduled public
hearing in accordance with the provisions of Section 12-3-6 and 12-9A-10 of the Vail Municipal
Code. Amendments which do change the substance of the development plan shall be required
to be approved by the Town Council after the above procedure has been followed. The
Community Development Department shall determine what constitutes a change in the
substance of the development plan.
Section 8.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not 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 9.
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under of by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 10.
' All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repeated 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.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED ~`
PUBLISHED,ONCE IN FULL ON FIRST READING this 2ntl day of April, 2002, and a public
hearing for second reading of this Ordinance set for the 16'" 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 16'" day of
April, 2002.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
ORDINANCE NO. 13
SERIES OF 2002
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 7,
SERIES OF 2002 (COMMISSION ON SPECIAL EVENTS), PROVIDING FOR
CORRECTIONS AND AMENDMENTS, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, a typographical error occurred in Ordinance No. 7, Series of 2002.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Ordinance No. 7, Series of 2002, is hereby
amended as follows:
(Text that is to be deleted is ~~lc~, text that is to be added is underlined).
Section 3. Members -Appointments -Terms
The CSE shall consist of five (5) voting members appointed by the Town Council
to be designated as follows: 1 Retail; 1 Restaurant; 1 Lodging; 1 (from any of 3
categories previously stated); 1 at large. All five voting members shall be residents of the
Town of Vail, own real property within the Town of Vail, own a business in the Town of
Vail, or be employed within the Town of Vail. No current event promoters, producers or
board members of organizations requesting funding, or their °m employees, may
serve as voting members. The initial terms of two members of the CSE shall be for one
year, and the initial term of three members shall be for two years, to be appointed in
2002. Thereafter, the council shall annually appoint CSE members to two year terms
every January.
In addition to the five voting members of the CSE, up to ten (10) honorary
advisory member groups may be included by Council invitation. In order to act as an
honorary advisory member of the CSE, each member group shall nominate one
representative within that group to be ratified by Council. Honorary advisory member
groups shall be approved by council and may include:
Vail Resorts, Inc. (VRI)
Vail Valley Foundation (VVF)
Vail Valley Chamber and Tourism Bureau (VVCTB)
Vail Chamber and Business Association (VCBA)
Vail Recreation District (VRD)
Town Council
Town of Vail staff
V LMDAC
Ratified, honorary advisory members shall assist the CSE by providing information,
coordination and consultation and shall not have the power to vote on issues that come
Ordinance No. 13, Series of 2002
before the CSE. The number and terms of such advisory members shall be at the
discretion of the Town Council. Advisory members of the CSE should be individuals
who have a demonstrated expertise in special event production, establishment of criteria
by which to gauge event success, or knowledge of and/or a strong interest in special
events.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
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.
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings as commenced under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL ON FIRST READING this day of , 2002 and a public hearing shall
Ordinance No. 13, Series of 2002
be held on this Ordinance on the day of 2002, at 7:30 p.m. 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
by title only this day of , 2002
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 13, Series of 2002
MEMORANDUM
TO: Vail Town Council
FROM: Bob McLaurin, Town Manager
RE: Town Manager's Report
DATE: June 4, 2002
BUS PROCUREMENT
The Town has received two proposals for supplying transit buses per our RFP
that was advertised in February, 2002. This RFP involves Federal Transit
Administration (FTA) funds and thus must follow their bus procurement
guidelines. The two proposals received for 35' buses (per each) are:
Orion Bus $293,000
Gillig Bus $295,140
The Town's bus replacement plan calls for replacing sixteen buses over the next
several years. I recommend the Town award the bid to Orion Bus for the
purchase of eight buses for a total of $2,344,000. The delivery time for these
buses is 65 weeks, which would mean a September 2003 delivery date. Per an
option clause in the RFP, the Town will have the option to replace the other eight
buses within the next five years with an incremental increase based on the PPI
index for trucks and buses.
CRITICAL STRATEGIES: REVENUE ISSUES.
In order to accommodate Council's request fora "lock the door until we get this
figured oufi" revenue discussion, staff is in the process of planning amini-retreat
for Tuesday, June 18, from Noon to 5:00 P.M. All other items for this work
session have been re-scheduled, with the exception of 3 employee anniversaries
(which could provided a needed "break" at 2:00 P.M.). Please calendar this
important meeting. Staff is also in the process of consolidating previous white
papers and materials and will provide a concrete starting synopsis of options
available, as well as discussion to prioritize what items and projects for which we
need increased revenue and how much they will cost.
COUNCIL CONTRIBUTIONS
In your packet, you will find a copy of the Council Contribution Request packet for
Y2002. Please let staff know if you would like to see any of this packet material
modified. Staff would like to advertise this process during June so that packets
can be mailed out July 1st, with a return deadline of August 1. Contribution
requests would then be brought to Council in September, as a part of the overall
budget cycle.
WHITEWATER PARK
Last week I met with Tom Carpenter, the president of the Village Center
Condominium Association. Mr. Carpenter indicated to me that the Village Center
Condominium Association now has 4 new board members (out of a total of 5).
He also indicated the new board had advised their legal counsel that they do not
wish to appeal the lawsuit for the Whitewater Park. Therefore, this lawsuit is
effectively over.
I told Mr. Carpenter that while the town would never advocate control of special
events, we wish to be good neighbors in the future. I promised to keep him
advised of our plans concerning special events in the area of the Gore Creek
Promenade. Mr. Carpenter expressed his thanks to the town and their
cooperative attitude and expressed his desire to work with us in the future.
UPCOMING ITEMS:
June 18, 2002, Work Session
Steve Wright-10 yr. anniversary; Mark Allen-15 yr. anniversary; Charlie Turnbull-
25 year anniversary
Critical Strategies: Revenue Issues
June 18, 2002 Evening Meeting
Vail Local Marketing District (VLMD) Quarterly Meeting
Community Survey Findings
Inducement resolution for bond issuance on Mountain Bell
July 2, 2002, Work Session
Strategic Planning: Continue development of relationships not only with VRI but
w/other constituency groups.
• Set up meeting(s)
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
July 9, 2001
Sarah Ladd
PR Department
Vail Valley Medical Center
181 W. Meadow Drive
Vail, CO 81657
RE: Contributions
Dear Sarah:
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The Town Council has reviewed and approved the contribution request procedure for 2002
contributions. Please note that contributions will only be awarded to applicants who can show the
contribution will be used directly to benefit the entire community of Vail.
Attached please find the following forms that relate format and policy the Town of Vail has
implemented in regard to requests for funding. These forms are as follows:
1) Contribution Policy/Disclosure
2) Application for Town of Vail Funding
3) Application for Town of Vail Funding/Balance Sheet
4) Application for Town of Vail Funding/Statement of Sources and Uses
5) List of 2001 Requests and Approvals
A completed submission must be received at the Town of Vail by Tuesday, July 31, 2001, in
order to qualify for funding in 2002. Funding will be determined solely from the written
application; no in-person presentations will be held. If the Town Council has questions about
your application, a staff member may contact you at a later date. Requests for parking passes
and/or parking days must be included in the disclosure. Individual requests throughout the year,
outside this process, will not be considered.
When making your request, please keep in mind the Town is experiencing uncertainty in its
revenue levels and, therefore, is not planning to increase its contribution budget.
If you have any questions on materials to be submitted, please do not hesitate to contact Reatha
Schmidt, Cashier, at 479-2100.
Sincerely,
TOWN OF VAIL
~~~ RECYCLED PAPER
www. ci. vail. co. us TM
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CONTRIBUTION POLICY
TOWN OF VAIL
1. All contribution requests received by the Town of Vail will be processed in the following
manner:
A. All requests must be submitted in writing using the Town's application for
funding. You may submit financial information (Balance Sheet and Statement of
Sources and Uses) ONLY IF it does NOT exceed 2 pages in length. Please do
not attach additional information. Incomplete applications and supplemental
information will not be accepted. The Town Council will only be given your
completed application forms. No supplemental information will be given to the
Town Council.
B. All applications for funding in 2002 shall be sent to the Town by Tuesday, July
31, 2001.
C. The Town Council will evaluate the various proposals based on their direct
benefit to the community of Vail, fulfillment of the town's mission, and how this
contribution will affect our resort community's future health. The Town
Council's mission statement reads: In order to be the premier mountain resort
community, we're committed to providing citizens and guests with a superior
level of environmentally-sensitive services and an abundance of recreational,
educational, and cultural opportunities.
1. Disclosures to all applicants:
A. No money will be disbursed until March 1, 2002. Each recipient must invoice
the Town of Vail for the total approved contribution prior to March 1, 2002.
B. Because of uncertainty of revenue estimates,. please note the following
possibilities:
1) Contribution funding may be reduced based on 2001 revenues.
2) The Town of Vail may choose to disburse funding in quarterly installments
throughout 2002.
C. Notifcation of awards will be sent after the Council approves the final budget
which is currently planned for November, 2001.
APPLICATION FOR TOWN OF VAIL FUNDING
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by July 31, 2001. You must provide 11 copies of
the application. Any application received after that date or any application packet with fewer than 11
copies will not be considered.
Please send application to:
Town of Vail
Reatha Schmidt, Cashier
75 South Frontage Road West
Vail, Colorado 81657
For questions on the financial statements, please contact Reatha Schmidt at 479-2100.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization:
2. Contact person:
3. Mailing address:
4. Telephone:
5. Members and Titles of your governing board:
6. Amount of contribution requested:
7. Organization fiscal year-end:
8. Are your books audited?
9. How will the contribution be used?
10. How does your request support item 1 C of the contribution policy?
11. Who currently funds your organization (other governments, private donations, user fees,
etc.)?
12. Organization's mission statement:
(If more room is needed to answer questions, please use the back of this page.)
APPLICATION FOR TOWN OF VAIL FUNDING
Balance Sheet
Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible.
Most Recent Completed
Fiscal Year (Date: )
Assets: $
Total Assets
Liabilities:
Total Liabilities $
Net Worth (Total Assets Minus Total
Liabilities) $
APPLICATION FOR TOWN OF VAIL FUNDING
Statement of Sources and Uses
Instructions: Round all figures to the nearest dollar. Please present as much detail as possible.
Current Fiscal Year Budget
Revenues: $
(List by funding source)
Total Revenue
Expenses: $
Total Expenses $
Total Revenue Minus Expense $