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2003-10-17 Support Documentation Town Council Evening Session
AGENDA EVENING MEETING 6 P.M. TUESDAY, OCT. 7, 2003 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. ITEM/TOPIC: Citizen Participation (5 ruin.) 2. Lorelei Donaldson ITEM/TOPIC: Appointment of Nov. 4, 2003 Election Judges (5 min.) 3. Rod Slifer ITEM/TOPIC: Conference Center Oversight Committee Update (5 min.) Russell Forrest 4. Matt Mire ITEM/TOPIC: Resolution No. 10, Series 2003, an Intergovernmental Agreement. with Eagle County Animal Control for 2003 Animal Control Services (5 min.) ACTION REQUESTED OF COUNCIL: Approve for Town Manager to sign. BACKGROUND RATIONALE: This is the annual contract with Eagle County and there are no changes in the agreement from 2003. 5. Warren Campbell ITEMlTOPIC: A proposal by Sonnenalp Properties for the adoption of an Dominic Mauriello Encroachment Easement to allow the Sonnenalp Hotel building o encroach onto Town of Vail owned Tract I, Vail Village First Filing. The Sonnenalp Hotel is located at 20 Vail Road/parts of Lots Land K, .Block 5E Vail Village First Filing. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny the applicant's request for an Encroachment Easement. BACKGROUND RATIONALE: In 1992, the Sonnenalp Resort (then the Sonnenalp Bavaria Haus) was approved for redevelopment. The Improvement Location Certificate (ILC) used to verify building locations showed the project as completely within the boundaries of the property. Subsequent to the ILC it was discovered that there is a three-foot error in the original plat for Vail Village 1st Filing. The ILC was based upon this original survey monumentation, and thus did not correct this three-foot error. The encroachments include two portions of the Sonnenalp Resort building, a small retaining wall and a small portion of a hot tub for a total area of 57 sq. ft. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council review the proposed Encroachment Agreement and approve the Y easement, located at 20 Vail Road/parts of Lots L and K, Block 5E, Vail Village 1st Filing. 6. Warren Campbell ITEM/TOPIC: Request to proceed through the development review Michael Black process with a proposal to perform several landscaping projects in the Town of Vail right-of-way in Lionshead. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of Robert Lazier, owner of the Lazier Arcade and commercial spaces in the Lifthouse Lodge, to apply for several landscaping changes within the Town of Vail right-of-way in Lionshead Village. Since Mr. Lazier is proposing to construct and alter landscaping elements on Town of Vail property, Town Council permission is required to proceed through the development review process. If Council grants permission to proceed through the process the applicant will need to proceed forward with their Design Review Board application. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council give Mr. Lazier and his representative, Michael Black, further direction on this matter to proceed through the design review process. 7. Matt Gennett ITEM/TOPIC: A request by the Village Center Condominium Homeowner's Association to heat a portion of sidewalk that encroaches off their southerly properly boundary onto the Town of Vail's "Stream Tract" property. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the applicant's request. BACKGROUND RATIONALE: The Town of Vail and the Village Center Association have entered into an encroachment agreement which permits the improvements presently situated on Town of Vail property to be properly "repaired and maintained." Reduced site plans depicting the encroaching improvements and a copy of the signed encroachment agreement have been attached for reference. 8. Matt Gennett ITEMlTOPIC: A request by Winterstorm, LLC, represented by NEDBO Construction, to improve a portion of Town of Vail land located adjacent to Lot 16B, Vail Valley 3rd Filing (2039 Sunburst Drive). The applicant wishes to build a set of stone steps across a strip of Town land situated between the golf course and bike path (see attached site plan and photos). (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the applicant's request. BACKGROUND RATIONALE: The applicant wishes to build a walkway similar to the one depicted in the attached photo of the neighbor's property, which is likewise located on Town of Vail land. A site plan and photographs are attached for reference. 9. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 19, Series of 2003, an ordinance repealing and reenacting Title 11, Sign Regulations, Vail Town Code, to accomplish longstanding goals and objectives set forth by the Town, with input from the public, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28 the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The PEC determined the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at its regularly scheduled meetings held on Sep. 2 and Sept. 16. A copy of staff's last memorandum to the PEC is attached for reference, as are other supplemental materials, including the latest draft of the proposed Title 11, intended to clarify the differences between today's sign regulations, and the various alternatives that have been explored thus far. 10. Bill Gibson ITEMlTOPIC: Second Reading of Ordinance No. 6, Series of 2003, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12- 6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 6, Series of 2003, on second reading. BACKGROUND RATIONALE: On July 2 the Vail Town Council voted 5-2 (Donovan and Jewitt opposed) to approve Ordinance No. 6, Series of 2003, on first reading without modifications. On July 15 the Vail Town Council tabled the second reading of Ordinance No. 6, Series of 2003, to allow staff to further examine the Town's enforcement policies related to employee housing unit deed restrictions. 11. Russell Forrest ITEM/TOPIC: Second Reading of Ordinance No. 9, Series of 2003. An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12- 9A, Vail Town Code, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 9, Series of 2003, on second reading. BACKGROUND RATIONALE: Ordinance No. 9, Series of 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The proposal includes 118 accommodation units, 22 fractional fee club units, 34 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On May 6 the Town Council voted to approve Ordinance No. 9, Series of 2003, on first reading. Second reading has been table numerous times to allow the applicant and staff to meet the required conditions of first reading of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 9, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 9, Series of 2003, on second reading. 12. Russell Forrest ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2003. An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail Village 2nd Filing, from the Heavy Service zone district to the Public Accommodation zone district. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 10, Series of 2003, on second reading. BACKGROUND RATIONALE: On May 6 the Town Council approved on first reading Ordinance No. 10, Series of 2003, an ordinance rezoning Lot 9A, Vail Village 2nd Filing from Heavy Service zone district to Public Accommodation zone district, in accordance with Section 12-3-7, Vail Town Code. The rezoning is in association with the proposed major amendment to Special Development District No. 36, Four Seasons Resort, as outlined in Ordinance No, 9, Series of 2003. Ordinance No. 10, Series of 2003, has been tabled numerous times to allow the applicant and staff to meet the conditions of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 10, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 10, Series of 2003, on second reading. 13. Matt Gennett ITEM/TOPIC: Second Reading of Ordinance No. 20, Series of 2003, an ordinance amending Sections 12-61-~B., Housing (H) District, Location of Business Activity, Outdoor Displays; 12-7B-18B., Commercial Core 1 (CC1}District, Location-of Business Activity, Outdoor Displays; 12-7C- 146., Commercial Core 2 (CC2) District, Location of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3) District, Location of Business Activity, Outdoor Displays; 12-7E-13B., Commercial Service Center (CSC) District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lionshead Mixed Use 1 (LMU-1) District, Location of Business Activity, Outdoor Displays; 12-71-17B., Lionshead Mixed Use 2 (LMU-2) District, Location of Business Activity, Outdoor Displays; and 12-8E-5B, Ski Base Recreation-2 (SBR-2), Location of Business Activity, Outdoor Displays Vail Town Code to regulate the outdoor display of merchandise, within all zone districts listed above except Core 3 (CC3) and Commercial Service Center (CSC), to an eight month period of April 1 to December 1, annually, and setting forth details for all aforementioned zone districts in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 20, Series of 2003, on second reading. BACKGROUND RATIONALE: The Community Development Department has conducted numerous meetings with the merchant community and received supportive input. The Planning and Environmental Commission (PEC) held a public meeting on this request Aug. 11 at which the PEC forwarded a recommendation of denial to the Town Council as they decided outdoor displays are not a visual issue. A first reading of this ordinance was passed by Council on Sept. 16 by a vote of 4-3 (Moffet, Ogilby and Cleveland opposed). A copy of staff's memo to the PEC from their Aug. 11 meeting has been attached for reference. 14. Russell Forrest ITEM/TOPIC: Second of Ordinance No. 22, Series of 2003, Vail Memorial Park rezoning re: amending the official zoning map of the Town of Vail for Lot 1, Katsos Ranch Minor Subdivision A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from natural area preservation District to the Outdoor Recreation District. (10 min.) ACTION REQUESTED OF COUNCIL: Review, approve or deny first reading of Ordinance No. 22, Series of 2003. BACKGROUND RATIONALE: The Vail Town Council reviewed the proposed design for the Vail Memorial Park June 3 and voted to allow the Vail Memorial Park Foundation to apply for this use on town-owned land. On Aug. 20 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff" approve the project after all applicable Planning and Environmental Commission approvals have occurred. On Sept. 8 the Planning and Environmental Commission voted to approve the minor subdivision and conditional use permit for the memorial park. They also voted to recommend to the Town Council that they approve the proposed rezoning of the Park to Outdoor Recreation District. STAFF RECOMMENDATION: Staff is recommending that the Town Council approve Ordinance No. 22, Series of 2003, subject to the criteria and findings in section IX of the attached staff memorandum. 15. Judy Camp ITEM/TOPIC: Second Reading of Ordinance No. 23, Series of 2003, Supplemental Appropriation for the 2003 Budget (5 min.) 16. Judy Camp ITEM/TOPIC: Second Reading of Ordinance No. 24, Series of 2003, 2004 Budget (10 min.) 17. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 18. Adjournment (8:35 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 BEGIN AT 2 P.M. ON TUESDAY, OCTOBER 21, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, OCTOBER 21, 2003 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. MEMORANDUM OCTOBER 2, 2003 TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: OCTOBER 2, 2003 SUBJECT: APPOINTMENT OF REGULAR MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following four prospective appointees as judges for the Regular Municipal Election to be held Tuesday, November 4, 2003: Mary Jo Allen 1956 Cabin Circle, P.O. Box 861 Vail, CO 81657 Vi Brown 2556 Cortina Lane, P.O. Box 547 Vail, CO 81658 Holiday (Holly) Cole 2084 Zermatt Lane, #C, P.O. Box 741 Vail, CO 81658 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 RESOLUTION No. 10 SERIES OF 2003 A RESOLUTION DIRECTING THE TOWN MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES WITH EAGLE COUNTY ANIMAL CONTROL WHEREAS, the Town Council believes that it is in the community's best interest to contract with Eagle County for the performance of animal control services; and WHEREAS, the County of Eagle is agreeable to rendering such animal control services; and WHEREAS, such Intergovernmental Agreement is authorized pursuant to Section 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. 29-1-201 et seq. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Vail, Colorado that: 1. The Town Manager is hereby authorized to enter into the Intergovernmental Agreement that provides for the following: a) Administration and enforcement of the current Title 6, Animals of the Municipal Code of the Town of Vail by the animal control services of the County of Eagle, Colorado. b) The Town of Vail agrees to pay Eagle County, on or before the fifteenth of each month, the sum of $ 3,250.00 based on estimated patrols and on estimated sheltering requirements of 600 animal days; responding to on-call emergencies at an additional rate of $50.00/incident. c) All court fines and costs will remain with the court of venue. d} The County shall administer the County's Dog Tag Program for the Town. Monies collected from residents of the Town shall belong to the County. Resolution No. 10, Series of 2003 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of October, 2003. Ludwig Kurz, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk Resolution No. 10, Series of 2003 MEMORANDUM TO: Town Council FROtVI: Community Development Department DATE: October 7, 2003 SUBJECT: A request by Sonnenalp 'Properties for the adoption of an encroachment easement agreement of the Sonnenalp -Hotel building, located at 20 Vail Road/parts of Lots L and K, Block 5E, Vaii Village First Filing, on Town of Vail owned Tract I, Vail Village First Filing. Applicant: Sonnenalp Properties, represented by 'Braun Associates, Inc. Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST A :proposal by Sonnenalp Properties for the adoption of an Encroachment Easement to allow the Sonnenalp Hotel building to encroach onto Town of Vail owned Tract I, Vail Village First Filing. The Sonnenalp Hotel is located at 20 Vail Road/parts of Lots Land K, Block 5E Vail Village First Filing. II. BACKGROUND In 1992, the Sonnenalp Resort (then the Sonnenalp Bavaria Haus) was approved for redevelopment. That approval allowed the demolition of a majority of the :existing building and allowed a new building wing to be constructed from. Vail -Road to the east. The redevelopment also included new outdoor patios, a swimming pool, and hot tubs. The Improvement Location Certificate (ILC) used to verify building locations showed the project as completely within the boundaries of the property. Subsequent to the ILC it was discovered that there is a 3 foot error in the original .plat for Vail Village First Filing. The ILC was based upon this original survey monumentation, and thus did not correct this 3 foot error. The .proposed plat for the Sonnenalp corrects this 3 foot error by using an alternative benchmark. The surveying community has agreed use this new benchmark location and therefore correct the 3 foot error that exists throughout the Vail Village. It is because of this 3 foot error in the original Vail Village First Filing plat that has caused a shift in the location of the property line, thus resulting in "encroachments" on the Town's property. The Sonnenalp improvements are located where they were suppose to be located according to the development plans. The encroachments include two portions of the Sonnenalp Resort building, a small retaining wall, and a small portion of a hot tub for a total area of 57 sq. ft. 1 r w Therefore, these encroachments were not created by the applicant but were perpetuated by the errors in the Vail Village First Filingsubdivision. 111. ACTION REQUESTED OF COUNCIL The Town Council shall approve, approve with modifications, or deny the applicant's request for approval of an encroachment easement agreement between the Sonnenalp .Hotel, located at 20 Vail Road/parts of Lots L and "K, Block 5E, Vail Village First Filing, and the Town of Vail owned Tract 1, Vail Village First Filing. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve the proposed encroachment easement agreement between the Sonnenalp Hotel and the Town of Vail. V. ATTACHMENTS A. Proposed encroachment easement agreement 2 Grant of Easement (Town of VaiUSonnenalp Resort) This Grant of Easement, dated as of , .2003, is executed by the Town of Vail {the Town) for the benefit of .Sonnenalp Properties, Inc., a Colorado corporation (Sonnenalp). Background :and Purpose A. Sonnenalp is the owner in fee simple of the real :property in .the Town of Vail, Eagle County, ,Colorado, which .property is more fully described on Exhibit A (the Sonnenalp Parcel), :developed with a hotel and related -improvements currently'known-(nnd referred to here) as the Sonnenalp Resort. B. Due to a surveying error present in the original plat for the Vail Village First Filing that was not discovered until after the development of the Sonnenalp -Resort (and not;due to any .action or inaction 'by Sonnenalp), portions of the Sonnenalp Resort (the Encroachments) encroach over the boundary nines of the Sonnenalp Parcel onto the ;property owned by the Town (the Vail Property), which Encroachments are more fully described on .Exhibit B-1 and depicted on Exhibit B-2. -The Vail Property and the Sonnenalp Parcel are collectively:referred to as the Property. - C. The Town has agreed to grant to Sonnenalp an easement for the Encroachments. Grant of Easement For valuable consideration, the receipt and sufficiency of which are acknowledged, the Town grants this Easement under the following terms and .conditions: 1. Sonnenalp Easement. The Town grants to Sonnenalp a perpetual, non-exclusive easement (the Easement) for the Encroachments as they exist on the date of this Grant of Easement and for the area immediately adjacent to the Encroachments for their inspection, alteration, repair, maintenance, reconstruction, or other work (the Maintenance): Sonnenalp will have the right to use as much of the Vail Property (but in all cases no more than 10 feet) as may be reasonably necessary in connection with the Maintenance. Sonnenalp has the right of access over and across the Vail Property for itself and its agents to the extent reasonably necessary, in order to exercise Sonnenalp's rights under this Grant of Easement. The exercise by Sonnenalp of its rights under this Grant of Easement will not (i) unreasonably interfere with the use and enjoyment by the Town of the Vail Property or unreasonably disrupt activities on the Vail Property, or (ii) materially, adversely affect the value of the Vail Property. Sonnenalp will conduct any work authorized under the terms of this Section 1 with all due speed and precautions to avoid damages to the Vail Property. 2. Sonnenalp's Duty to Repair Damage to Vail Property. Sonnenalp shall be responsible for the repair and restoration of any portion of .the Vail Property that may be damaged as a result of Sonnenalp's use of the Vail Property. Sonnenalp shall perform such work at its cost and in compliance with all applicable governmental requirements. 1 3. Notice to Town Before Access by Sonnenalp. Sonnenalp shall give the Town at least 10 days' advance. written notice before Sonnenalp accesses the Vail Property to perform any Maintenance or other work permitted or required of Sonnenalp under .this Easement. Notwithstanding the foregoing, in the event Sonnenalp reasonably determines that circumstances threatening the safety of persons or the condition of property on or about the Vail Property or the Sonnenalp Parcel call for immediate action by Sonnenalp, then Sonnenalp shall `be permitted access on the Vail Property without delay, with the understanding .that Sonnenalp shall :give the Town notice of Sonnenalp's access as soon as reasonably possible. 4. Indemnification. Sonnenalp hereby agrees to indemnify the Town and hold the Town harmless from and against any loss, claim, cost, expense, liability, action or cause of action, including, without limitation, reasonable attorneys' fees and expenses and court costs, arising out of or incurred in connection with the failure of Sonnenalp to perform its obligations in accordance with this Agreement. 5. Notices. Any .notice required or permitted to be :given under this Grant of Easement will be in writing and will be deemed been :given when delivered by U.S. mail registered or certified, return receipt requested, postage prepaid; by overnight delivery service showing receipt of delivery; by personal delivery; or by facsimile transmission. If to Sonnenalp, notices will be sent to: SONNENALP PROPERTIES, INC. 20 Vail Road Vail, Colorado 81657 Attn: Johannes Faessler Fax No. 970.476.1639 with a copy to: John Mills Sonnenalp Properties, Inc. Edwards, Colorado 81632 Fax No. 970.479.5410 If to the Town, notices will be sent to: TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 Attn: Town Attorney Fax No. 970.479.2157 2 Notice will be effective upon actual receipt. 6. Binding Effect. The Easement runs with title to the Property, so that the benefits and burdens created by this Grant of Easement bind and benefit the Town. and Sonnenalp -and their respective successors in interest and theirpermitted assigns. 7. Amendments. This Grant of Easement may be amended only by a written instrument executed by the Town and Sonnenalp (or their :respective successors or assigns). 8. Entire Agreement. This Grant of Easement constitutes the entire understanding of the parties regarding the matters above, and all ;prior agreements, representations, and understandings between the .parties, whether oral or written, are deemed null and void, all of the foregoing having been merged into this Grant of Easement. 9. Enforceability. If for any reason, any :provision of this .Grant of Easement is held to be unenforceable, it will not affect the validity or enforceability of any other provision of this Grant of Easement. 10. Construction and Interpretation. The headings and sections of this Grant of Easement are not a .-part of this Grant of Easement and will have no effect upon the construction or interpretation of any part thereof. This Grant of Easement will not be ,construed for or against either party by reason of the .authorship or alleged authorship of any .provision or "by reason of he status of the either party as a grantor or a grantee, as the case may be. 11. Governing Law. This Grant of Easement will be governed by and construed in accordance with the laws of the State of Colorado. TOWN OF VAIL STATE OF COLORADO ) ss COUNTY OF EAGLE ) The foregoing was acknowledged before me this day of 2003, by as of the TOWN OF VAIL. Witness my hand and official seal. My commission expires: [SEAL] By: Printed Name: Title: Notary Public Exhibit A The Sonnenalp Parcel E'HI~BTT A Sonnenalp Land Parcel 1: APART OF LOT L, BLOCK;SE, VAIL VILLAGE FIRST FILING, ACCORDING TO THE RECORDED PLAT, COUNTY OF EAGLE, STATE OF COLORADO, .~10RE:PARTiCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY POINT OF SAID LOT L; THENCE'N 60'DEGREES 35 MINUTES DO SECONDS E AND ALONG THE SOUTHERLY LINE OF SAID LOT L A DISTANCE OF 196.34 FEET; THENCE-N 33 DEGREES 04 MINUTES 00 SEGONDS?E AND ALONG THE SOUTHERLY LINE OF SAID'LOT L 165.00 FEET; THENCE N 55 DEGREES 08 MINUTES 28 SECONDS W A DISTANCE OF 135:66 FEET; THENCE S 71 DEGREES 56 MINUTES 00 SECONDS W A DISTANCE OF 89.51 FEET; THENCE N 00 DEGREES 23 MINUTES 00 SECONDS W A DISTANCE OF 107.20 FEET TO A POINT OF INTERSECTION WITH THE ?tiORTHERLY LINE OF - SAID :LOT L; THENCE S 75 DEGREES 53 MINUTES'00 SECOIV'DS W AND ALONG SAID NORTHERLY'LL'VE-84.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 76 DEGREES :16 MINUTES 00 SECONDS, AN ~-RC :DISTANCE `OF 26x62 FEET TO A POINT OF TANGENT; THENCE ALONG SAID TANGENT AND ALONG THE°WESTERLY LIlVE OF SAID.LOT L S 00 DEGREES 23 MINUTES-0O SECONDS `E A DISTANCE OF 208.89 FEET TO A POINT `OF CURVE; THENCE ALONG SAID 1~1~'ESTERLY -LINE AND ALONG A :CURVE TO THE LEFT HAVING A RADIUS OF .344.59 :FEET, A CENTRAL ANGLE OF 20 `DEG'REES 51 i'~•[INUTES 00 SECONDS, AN ARC DISTANCE OF 125.40 FEET; THENCE S 21'DEGREES 4 VfIIVUTES 00 SECONDS E A'DISTANCE OF 21.77 FEET, TO THE POINT OF BEGINNING. Parcel 2: APART OF LOT L. BLOCK 5-E. VAIL VILLAGE FIRST FILING, ACCORDING TO THE RECORDED PLAT, COUNTY OF EACLE, STATE OF COLORADO, MORE :PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN; LING AT THE tiIOST SOUTHWESTERLY CORNER OF SAID. LOT L. BLOCK 5-E VAIL VILLAGE FIRST FILING; THENCE ALONG THE FOLLOWWG TWO COURSES ALONG THE SOUTHERLY BOUNDARY OF LOT L: {1) N 6D DEGREES 35 h•IINUTES OD SECONDS E A DISTANCE OF 196.34 FEET; {2) N 33 DEGREES 09 141INUTES DD SECONDS E A DISTANCE OF 165.00 FEET; THENCE N 55 DEGREES 00 MINUTES 28 SECONDS 1i~ A DISTANCE OF 135.6fi FEET TO THE TRUE POINT OF BEGINNING: THENCE S 71 DEGREES 56 MINUTES 00 SECONDS W A DISTANCE OF 89.51 FEET; THENCE N 00 DEGREES 23 MINUTES 00 SECONDS W A DISTANCE OF 107.20 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST MEADOW DRIVE; THENCE S 47 DEGREES 12 MINUTES 27 SECONDS E A DISTANCE OF 116.94 FEET TO THE TRUE POINT OF BEGINNING. :Exhibit B-1 'Legal Descriptions of Encroachments APART OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO RECORDED AT RECEPTION No. 96382 IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.1VI. A 3 '/4 "ALUMINUM CAPFOUND IN PLACE WHENCE THE NORTH 1/16`" OF SECTION 7 AND 8, A 3 '/<" ALUMINUM CAP FOUND IN PLACE, BEARS S 00°23'00" E A DISTANCE OF 1326.27 FEET BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 04°01'31" E A'DISTANCE OF 870.80 FEET TO THE COMMON CORNER OF THE SOUTHWEST CORNER OF LOT L, AND THE NORTHWEST CORNER OF SAID TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT I IV 60°35'00" :E A DISTANCE OF 86.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID TRACT I THE FOLLOWING TWO (2) COURSES: 1) N 72°30'21" E A'DISTANCE OF 17.91 FEET; 2) N 17°35'34" W A DISTANCE OF 3.78 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT I; THENCE S 60°35'00" W A DISTANCE OF 18.29 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 33.84 SQUARE FEET MORE OR LESS. APART OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO RECORDED AT RECEPTION No. 96382 IN THE EAGLE COUNTY-CLERK AND RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.M. A 3 '/< "ALUMINUM CAP FOUND IN PLACE WHENCE THE NORTH 1/16' OF:SECTION 7 AND 8, A 3 '/<" ALUMINUM CAP FOUND IN PLACE, BEARS S 00°23'00" :E A DISTANCE OF 1326.27 FEET BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 04°01'31" E A-DISTANCE OF 870.80 FEET TO THE COMMON CORNER OF THE SOUTHWEST CORNER OF LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT I N 60°35'00" E A DISTANCE OF 137.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID TRACT I THE FOLLOWING TWO (2) COURSES: 1) N 72°05'41" E A DISTANCE OF 7.58 FEET; 2) N 27°04'49" E A DISTANCE OF 2.74 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT I; THENCE S 60°35'00" W A DISTANCE OF 9.71 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 7.35 SQUARE FEET MORE OR LESS. APART OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO RECORDED AT RECEPTION No. 96382 IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST DF THE 6th P.M. A 3 '/4 "ALUMINUM CAP FOUND IN PLACE WHENCE THE NORTH '1/16' OF SECTION 7 AND 8, A 3 '/<" ALUMINUM CAP FOUND IN PLACE, BEARS S 00°23'00" E A DISTANCE OF 1326.27 FEET BEING THE BASIS OF :BEARING FOR THIS DESCRIPTION. THENCE S 04°01'31" E A'DISTANCE OF 870:80 FEET TO THE COMMON CORNER OF THE SOUTHWEST CORNER OF LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK 5-E, VAIL VILLAGE FIRST FILING; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT I THE FOLLOWING TWO (2) COURSES: 1) N 60°35'00"E A DISTANCE OF 196.34 FEET; 2) N 33°04'00" E A DISTANCE OF 31.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID TRACT I THE FOLLOWING TWO (2) COURSES: 1) N 74°58'48" E A DISTANCE OF 3.87 FEET; 2) N 16° 1 T02" E A DISTANCE OF 8.94 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT I; THENCE S 33°04'00" W A DISTANCE OF 11.44 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 14.77 SQUARE FEET MORE OR LESS. APART OF TRACT I, BLOCK 5-E, VAIL VII,LAGE FIRST FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO RECORDED AT RECEPTION No. 96382 IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, -RANGE 80 WEST OF THE 6th P.M. A 3 '/< "ALUMINUM CAP FOUND IN PLACE WHENCE THE NORTH 1/16' OF SECTION 7 AND 8, A 3 '/<" ALUMINUM CAP FOUND IN PLACE, BEARS S 00°23'00" E A DISTANCE OF 1326.27 FEET BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 04°01'31" E A'DISTANCE OF 870.80 FEET TO THE COMMON CORNER OF THE SOUTHWEST CORNER OF LOT L, AND THE NORTHWEST CORNER OF TRACT I, BLOCK S-E, VAIL VILLAGE FIRST FILING; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT I THE FOLLOWING TWO (2) COURSES: 1) N 60°35'00" E A DISTANCE OF 196.34 FEET; 2) N 33°04'00" E A DISTANCE OF 127.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID TRACT I FOLLOWING TWO (2) COURSES: 1) N 72°0755" E A DISTANCE OF 1.79 FEET; 2) N 17°52'05" W A DISTANCE OF 1.45 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT I; ; THENCE S 33°04'00" W A DISTANCE OF 2.31 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINING 1.30 SQUARE FEET MORE OR LESS. Exhibit B-2 Depictions of Encroachments FOUND 3~,4" ALUMINUM CAP SET IN RANGE BOX (ALPINE ENGINEERING) LINE TABLE LINE LENGTH BEARING L1 '21.77 N21'14'00"W L2 38.67' N62'30'22"E L3 40.15' S66'05'22"W L4 102.50' 569'50'00"W L5 58.00' NSO'24'00"W SEC. 6 SEC. 5 SE~. 7 ~ SECI 8 i!1 jl ~ ~-------.~,~_ i I~ l DRIVE "' _. ~ / __ / I ' EAST MEADOW C2 / D 1 - ~~._-_.--~ / r= I / 35'p ~ o j I N~5'5 95 E' N82 35'00"W _ ~ 582• O.E ~ ~ j ~~ g6. ~~ 142.01' ~ ~,~ 1.4 / ~ I j ~Y p / / ^~ ~ ~ ! ~~ TALISMAN PARCEL ~iy P~ ~ ~ ! Z ~"~~ (BOOK 219, PAGE 418 & ~ ~ to No ° PARCEL B RECEPTION No. 754726) ,~ N23'54'38"W - 86.00' ~ / o ~ ni i- ~W ~ o SSS L3 (RECORD) j p . o b PART OF LOT L & K ~ ~ ~ (A PART OF LOT L) 1 ~ 8? ~ ( ) m im " ?'00 8F ~ ~RE~RW 2 PARCEL A ~ o °o i ~ I o g~~ 06 23' ~64s ~ m Warn 1'- ~~CpyG~ 12j p0~ ly o Iv 1 -'o ~ `t'1 ~ \ r~i jm TRACT I 52 I I !~ ~ 1 OPEN SPACE c~6~~ $1 ~~r~i j ~ (BOOK 277, PAGE 978) ~ 9Z. Njy ~ Jo OWNER: TOWN OF VAIL ~ `+1`- ~ o, (GORE CREEK) ~ ~\ 01-. I °' ~ m 533'04'00"W ~j~ !1 TRUE POINT 165.00' yIN ~ OF BEGINNING -' o I vim !I D j 9 '~~` f i ~ Z a6 r ~ I `~ 56~~ ~ EXISTING ENCROACHMENT ~ AREA 1 (SHADED AREA) (SEE pETAIL) SCALE: 1 " _ > 00' I • N Yte CORNER - SEC. 7 AND SEC. 8 FOUND 3~/a" ALUMINUM CAP TRACT I oN 2" STEEL POST BLOCK 5-E, VAIL VILLAGE FIRST FILING (B,~.M.) TOWN OF VAIL. COUNTY OF EAGLE. COLORADO CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 20.00' 26.62' 15.70' 24.70' N3T45'00"E 76'16'00" C2 505.87' 190.12' 96.20' 189.01' N86'39'00"E 21'32'00" C3 75.00' 118.25' 75.44' 106.38' 537'24'57"E 90'20'06" C4 770.00' 73.75' 37.47' 73.18' S04'40'37"E 24'51'26" CS 344.59' 125.40' 63.40' 124.71' N10'48'30°W 20'51'00" FOUND 3~/" ALUMINUM CAP SET IN RANGE BOX (ALPINE ENGINEERING) LINE TABLE LINE LENGTH BEARING Lt 21.77` N2194'00"W L2 `38.67 N62'30'22"E L3 40.15' S66'05'22"W L4 102.50' S69'S0'00"W L5 58.00' N50'24'00"W SEC. 6 SEC. 5 SE~. SECI 8 fl I " I II I II I I ~ -~~_-.---- EADOW DRIVE ' ~ -----_~__ _ _ - _ - / ~' ' ! D ~ I EAST M ~ C2 _ ~ ~- ' ~ ~ ~ / r= 1 j ~O"E a I i N755 g5. 6 ~ N82 35'00"W _ / S82 35'00"E / ~ '~ Do j IV g . +y~ 142.01' ~ ~,~ 1.43 i ~ ! h~ y ~~ ~ I ~ 1 Z ~'h~` TALISMAN PARCEL yi (BOOK 219, PAGE 41.8 & ' ' " ' ~ I 1o o ° PARCEL 54 38 W - 86.00 RECEPTION No. 754726) ; N23 ~ O I h; °D ~'' W ° B SS S L3 (RECORD) j p ~ o `O I I°o - ~ (A PART OF LOT L) ' b PART OF LOT L & K 72p 8?8 OFtO~ ( ) 2 ~ ~ I im N l . pp, F ~ IRE,d „W L PARCEL A ~ X6 S ~ 06 I ~ ~ ~' m 1 °o j j a A I ^9ic'' ~ o 45? ~ Z ~~4'~cl ~?J ~~ ~P ° w ~ o;~ ~-= W ~ g 1! I rnl NA ~ `N \ o \ Im ~ OP SPACE 56~ 92s31 ~ I ~~m " D I ~ IN l o (BOOK 277, PAGE 978) OWNER: TOWN OF VAIL ~ ~ \ \ o~ 1 ~ W io (GORE CREEK) ~ ~ ^!D I TRUE POINT S33'04'QO"W ~ i n N I OF BEGINNING 165..00 --~ ~p 1 v I 1 ~ao 1 I ly j 0~, I j ~ ~ ,9 z !c~ 1 O `~ ~ I LN j 5~ ` ~ ~ EXISTING ENCROACHMENT ~ I I c~6~ AREA 2 (SHADED AREA) ~ (SEE DETAIL) ' SCALE: > " =100' I N Y15 CORNER SEC. 7 AND SEC. 8 \__ FOUND 3~/a' ALUMINUM CAP TRACT I ' oN 2" STEEL POST BLOCK 5-E, VAIL VILLAGE FIRST FILING (B.L•M.) TO1RN OF VAIL. COUNTY OF EAGLE_ COLORAnO CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1` 20.00' 26.62' 15.70' 24.70' N3T45'00"E 76'16'00" C2 505.87 190.12' 96.20' 189.01' N86'39'00"E 21'32'00" C3 75.00' 118.25' 75.44' 106.38' S3T24'57"E 90'20'06" C4 170.00' 73.75' 37.47 73.18' S04'40'37"E 24'51'26" GS 344.59' 125.40' 63.40' 124.71' N10'48'30"W 20'51'00" FOUND 31/y" ALUMINUM CAP SET IN RANGE BOX (ALPINE ENGINEERING) LINE TABLE LINE LENGTH BEARING L1 21.77 N21'14'00"W L2 38.6T N62'30'22"E L3 40.15' S66'05'22"W L4 102.50' S69'S0'00"W LS 58.00' N50'24'00"W SEC. 6 SEC. 5 SECS. SEGO 8 I fl I I ~! 1 I II I I !~ l ~ ~._------ ~~ DRIVE MEADOW -----~~_ ~~--..~~ i ~ / I v EAST C2 r t j 3p0"E o j j N15'S 95 - ' _ N82 35'00"W _ 382'35'00"E ~ ----' ~i , '' D 1 j ~. 96• o ~ 1 ~ ~y~ ~ 142.01' v 1.43 ~ i ~ l 1, w~ ~~ p /~ TALISMAN PARCEL /%y ~~ ~ ~ I ~ !j Z ~"~~ (BOOK 219, PAGE 418 & ' " ' ' ~ I ~ 1O ~ ~ ° P ARCEL B N23 S4 38 W - 86.00 RECEPTION No. 754726) i O I ~W o0 `O ~ o SS S L3 (RECORD) ~~ ~ p / boa - I ~ ~ (A PA b PART OF LOT L & K RT OF LOT L) 7?~ 8?dam ORD~ ( ) L2 ~ ~ ir*i N~ I to ~~' F ~ t,REj. W PARCEL A ~- / 1h" '0 h6 ~ ~ O ~ I o I~ WIN l 0 ~ O 511 ~ 23 4s? ,~ LG~ ~2~ ~~ -v P •o m .'D I olm I ~~ o. o ( ~Iv_ jRi TRACT I 21"w ~ ~ f 1 ~ ~~m j I j ~ TRUE POINT OPEN SPACE \ 192g~ (BOOK 277, PAGE 978) ~\ NIN "j~- jJO OF BEGINNING OWNER: TOWN OF VAIL ~ \ \ jl o (GORE CREEK) ~ ~ I ~ n I S33'04'00"W ~ ~ I ~ I~ 1 31.97 165.00 ~ to j I v!~ I I D j ~k EXISTING ENCROACHMENT I IA j ~ 10~%~ AREA 3 (SHADED AREA) j 0"~ (SEE DETAIL) L `! j 6O~yp_. S- \~ SCALE: 1 " =100' I N Ys CORNER SEC. 7 AND SEC. 8 FOUND 3~/~" ALUMINUM CAP TRACT I ' oN 2" STEEL. POST BLOCK 5-E, VAIL VILLAGE FIRST FILING (B.L.M.) TnWN nF veTT. rnrTNmv nta Fer_r.>~ rnT nnenn CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Ci 20.00' 26.62' 15.70' 24.70' N3T45'00"E 76'16'00" C2 505.87' 190.12' 96.20' 189.01' N86'39'00"E 21'32'00" C3 75.00' 118.25' 75.44' 106.38' S37'24'57"E 90'20'06" C4 1.70.00' 7 .75' 37.47' 73.18' S04'40'37"E 24'51'26" CS 344.59' 125.40' 63.40' 124.71' N10'48'30"W 20'51'00" FOUND 3~/a" ALUMINUM CAP SET IN RANGE BOX (ALPINE ENGINEERING) LINE TABLE LINE LENGTH BEARING. U 21.77 N21'14'00"W l2 38.67' N62'30'22"E L3 40.15' S66'05'22"W L4 102.50' S69'50'00"W LS 58.00' N50'24'00"W' SEC. 6 SEC. 5 S,EC,. SECS 8 I d ' ~!I it ~ I l ~ _._-----•- _ MEADOW C21~ _ '- - . ' ~ I ` ~ ~ EAST ~, I a '. ~'- o i !I N75'5 95 ~ _ N82 35'00"W _ S82 35'00"E 6 1 ~-~-- Do I jV 9 . a~ 42.01' ~ ~ 71.4 /' ~ ! ~iy O~ h~ ~ ! TALISMAN PARCEL a ~ ~ ~ 2 ~~ (BOOK 219, PAGE 418 & I lo o ° PARCEL B RECEPTION No. 754726) % N23'54'38"W - 86.00' ~ / o r ~W ~ o SS L3 (RECORD). % S r o o `O- o jo ~ b , PART OF LOT L & K (A PART OF LOT L) 7?p 6? ~ p, ( ) 8 R L2 ~ iii o~l N ~, A IR~i W pp PARCEL A TRUE POINT i~pfi~k Hs ~• 4 ~ ~ ~ c°~ ' ol~ ! ° WIN t o OF BEGINNING S~ Dq.23 1 520 ~ ~, PLC~ 2~ p ~ ~^ o \ oo~N 1j ~ ~ ~ p C EXISTING ENCROACHMENT ` a AREA 4 (S D D ~ p \ ' j m (S EE DETAIL ENA 1 ~~~ ~ ~ 1 ) OP SPACE 6 g 5 2 '~ ~m j ~ NivDi j o g R (BOOK 277, PAGE 978) ^~~• OWNER: TOWN OF VAIL \ \ \ \ \ w h-' j ~ o l-. j o (GORE CREEK) \ \ \ \ ply j S33'04'00"W ~ i I ~ N j 165.00 I x.10 I Imo' ~ N33'04'00"E ~0° I 2.31' Im j 6.yDe S17'52'05"E IA 1 ~ 19 TRUE POINT 1.45' 1 Opp OF BEGINNING ~~ 1. 0'55 572'07'55°W I ~ S6 1.79' DETAIL \ ~ (NOT TO SCALE) i N Yte CORNER SEC. 7 AND SEC. 8 FOUND 3~/4" ALUMINUM CAP TRACT I ' ON 2" STEEL POST BLOCK 5-E, VAIL VILLAGE FIRST FII (B•~•M•) TOWN OF VAIL. COUNTY OF EAGLE. COL SCALE: 1 "=100' CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 20.00' 26.62' 15.70' 24.70' N37'45'00"E 76'16'00" C2 505.87' 190.12' 96.20' 189.01' N86'39'00"E 21'32'00" C3 75.00' 118.25' 75.44' 106.38' S37'24'57"E 90'20'06" C4 170.00' 73.75' 37.47 73.18' S04'40'37"E 24'51'26" C5 344.59' 125.40' 63.40' 124.71' N10'48'30"W 20'51'00" MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 7, 2003 SUBJECT: Request to proceed through the development review process with a proposal to perform several landscaping projects in the Town's pedestrian-way right-of-way, located in Lionshead Village around the Lionshead Arcade and the Lifthouse. Applicant: Robert Lazier, represented by Michael Black Planner: Warren Campbell DESCRIPTION OF THE REQUEST Request to proceed through the development review process with a proposal to perform several andscaping projects in the Town's pedestrian-way right-of-way, located in Lionshead Village around the Lionshead Arcade and the Lifthouse. BACKGROUND RATIONAL It is the desire of Robert Lazier, owner of properties in the Lionshead Arcade and the Lifthouse, to apply for several landscaping projects in the vicinity of his properties. The improvements include the addition of landscape planter beds, removal of several trees, and a reduction in the size of the planter behind the skier sculpture at the entrance to Lionshead. Since the .applicant is proposing to construct a significant portion of their landscape improvements on Town of Vail property (i.e. Lionshead pedestrian-ways right-of-way), Town Council permission is required to proceed through the development review process. If Council grants permission to proceed through the process the applicant will proceed forward with their Design Review Board application. . STAFF RECOMMENDATION Staff recommends that the Town Council grants approval to proceed through the development review process. ATTACHMENTS A copy of a letter from the applicant and plans for the proposed landscaping improvements are attached. September 3, 2003 Town Of Vail Department of Community Development Warren Campbell 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Campbell, I met with you at the Vail city offices last week, as we discussed then I will be representing Fieldscape and Robert Lazier in the Design Review process for the alteration and addition to the planters in the pedestrian mall of Lionshead. I have a copy of Ric Fields application for design review that was submitted to you and am assuming that application is still valid, please let me know otherwise. You will find the requested 11x17" plans and images attached to this letter. The files represent five requested alterations, images of the areas as they exist today and modified images of the requested changes. I have also attached an 11x17" reduction of the survey completed by Peak Land Consultants on August 28, 2003. We are requesting these changes for the following purposes; Plaza Entry from Lionshead Circle: These modifications are represented in sheets L2 and the before and after images by the same name. We are proposing to remove the existing Bristlecone Pine at the Southeast corner of the Lazier Arcade, and to reduce the size of the planter to the West of the Scuppure "The Lift". These modifications will open the view to the commercial frontage of the arcade as well as the stores beyond. In addition to the visual aspect it will improve pedestrian flow into the plaza by opening the corridor to the South of the sculpture. Staircase Planter: As depicted on sheet L3 we are proposing a seat wall at the base of the stairs North of the Dakota Craftsman and South of the Swedish Clog Cabin to match the majority of the planters in the pedestrian mall. The existing treatment of the end of the planter looks temporary and unfinished. The proposed modification will make the planter mesh with the design throughout the mall and allow for more planting at the base of the stairs. The French Deli: The proposed planter would define the outdoor dining area for the deli redirecting traffic around the diners and separate the entry to the jewelry store, see sheet L4. The planter would also provide a base to locate an art exhibit in compliance with last year's submittal. Dakota Craftsman Planter: Sheet LS shows how the Dakota Craftsman and the Performance Sports are separated from the mall by the existing planter which creates both a physical and visual barrier between the mall and the store fronts. The stores would be more accessible from the mall by removing the Northern 7'-6" of the planter, and ~- reconfiguring the walls and trash receptacle at a 45 degree angle next to the existing benches. Montauk's Planter: The outdoor dining area for the Montauk Seafood Grill is limited to the raised patios on the South side of the building. The Southwest patio space is restricted by an 18" tall planter which disrupts pedestrian flow and reduces potential dining area. This planter and the existing cottonwood would be removed to allow for additional seating, to ease access to and from the patio and open up the facade of the building allowing more light at the entry and into the interior dining rooms. I hope this letter and the attached illustrations are sufficient information to get through the design review submittal. Please feel free to contact me with any questions or if any additional information is required. Michael Black Grand Designs, Inc. (970) 257-7718 (970} 257-7722 fax Regards, Michael Black Lazier Arcade Planter Improvements Grand Designs, Inc. ( ( ( ( ( ~ .. .~~ , J~ ~., ~ _ 'See Sheet L_,3 ~'or ths~Are~`! l 1 ~ ( yS ~ _ / } f L 1 ( ~ t ; ~ A ~ 4j ~ ~ C ~ 'l i C ! i l l 2 , ` 1 ~ ~~ ~ ~ i ( 1 i _.. 1.. . i . .. .) ,. ( 1 ~?C( 3C i y'Ct{~5 ( 1 i }ItS I~ l . t3ank ( ( ( ~ ( ( l . ~ _. _ .. i Y' ~~` ~_ _ ~x~~ti u~~SzU~s ( .. ~ ~ ~ ~•.,~~~(~ i ' i ~~, See Shit L-5 For this Area ~ ~ ~ '' i i f _ s i P ,, ~ l '' i ~ !!~~ ~ .i1 i i ~ e ~ ,~~~ ~ ~ - i Y~rWnnin~e /( '~v~ 1 __ ~ d tiports i i ~ L.. ~ i ~l~ D ( ~~ 4 - k _ , 1' w , - ~- ~ al r i i I~' __. _~-v !i See ~...-" beet ~-~~ For tl~1s Area, ~ ~~; ~ - ~, ---'~ ___ ~ _ i L__ -.-- 1 t 1 e i t i i i Frcn:h r i ~~ f)cli + i ~ ~~~ ~ i ( ( ~ r _i i ,~ t ~ ~ ' ---- f---~ ~ ' Y 1 ry 1 - - k ( l` ~ 1 i - ^See Sheet L-2 For t~h1s :4rea --- ( ,, i ( i `y ( O f L_______________________________i~--___- _..--..___.._-.....-_---J . _ _. _ _ _ r a ~-~ ~ ~` ~ ~,~. ;,.~ ~i ,~ ~- ., s ~ - i ~. G ,~ U y ~ C1 ~~ C ~ ~ ~ ~ .'}. (~! v r, ~' a~ C .7 ,~ T~~1 ~' Montauk's Flamer t3~ remo~•inl; the tree and planter the space is easih accesud and uurre seatin}; is a~~ailahle. 7'he existing planter and tree encwirber access to tfx dining Patin and minimise seating capacit}•. ..... .. ,, ,H . ~ ....,.,..~ S}r~ -~ .K« . , ., ., ~. w ...~._~,,.u ~« ~ ~.,i _. _ .. y _ m ~^ k`~I~E . of ~J * -~ .. wr ..~ _~ s .. ... i.,FT N(AFS('. .ri k r i a..j ." K a.2. PAGF 6F12} .^. _ ..m~ ~ Y _~ _~ ~ ~ 4 ~ "~ -fir; qp(7 t q ~ ~. S8S'Si~07°W'^ yd,0i'J' --~ '~~4if}~i ~._--~.-- i 501 H _ __ _. -'-_ ~C'P - ~; ..I 41.49 cl (' llf ~ `I ,,..,,, a .q..w, «w :._ . _......... ... 4'r a w u .... < . + . «..n.....,~ ~ ~ ... ~,. ~w ~p .. aswne .r._.5n;-~ E' ~ ~ ~ ~~~ ~~~9 is ~~ ~.,> _. -- - ~ ~ , . ,.~ -- ~~i~~~~ ' .. ,. ~ ... . ; I r ~ ; ~ , I u ~ _ __ _ _ i . . +. ,„ ~ ~ I ... :. ~ ~. ,_ ....~ ,.,.. _.. N _. .d ~ a ~ . ~ pTw z 5~ ...-- .~ - _ IIE ~ 1 ~~~ ^~ f ` ~l._.~ ... r... ' ~ ~- . .~.r .. . 1. ____ - . - .... ... l ~ .... .. -- .... f .~ ~., ~l_ _ -_ ~ ._ . 1 - , . . ~ _~ _ __ -- -_ ~ n _ ~ ~ ( ~. Ad L ~ ~ k r -- .. L. _ ., . . .~ .,. ~ ~ ~ ~ ~~ NIYG~ 53'W 2. tit ~ .. ~ d . '- ».. ~IIwMI#i r, ~~ ~ - ..._ -ti -. - ~ .. p ' - ~ TtYI~' iYAP}IIC lAiY o - r• a. t.u,~ ~ t ~ i~ ru~NO veer or rt~,c~r c, ~ ~, ~ ~_. llY( Ianyk, C'oNttn iuNiVA13. 1 L~_~ _./- ~~~» _.-- -----_ _ J __ ~~' ,~ I E~ to c r t.,i. T - -- - "` "` L- .. slsecr r r n _ ~ " o , .,, L k l #~~ f ~~-; ~~ ,Y Bed ~.: .~ ~Rt`1ND U~SIGN~.._ ,t~ ~, ""'~ - - ~,AISf lth (-i Z;fll r ~ 4 ~ ~ ~ Y, ,~ _.~. ,%-._ Exislizz~; Flowering ,/ ~ `~~, . NORTH -~ Trees ~<t~~: rya°~alr~, r .- - ~- _ ~ ~ --~- 1' ~ ~~ t~~it~~,,,,~t I;r,nlPt ,/ Existin ; Seulf?tUl Gxiating Ta4vn 1 1 ; "/ E: ~ L......~+ /~ __ of Vail Paving C~ ~ r_ ~ ' Tree tQ liem iin jj ~'~ ~; ~ ~~ ~ ~ ~ ~~~ ~ ~ ~ ~ ap ~ I ~s i ~ ~`~ Lak~iiai~ .~ Pret~erty Line o t ~ ~ ~ 4 T ~'7 ^.~~] 4 ~'tanter 13ec€ ~ \'~ _ xU,Yn yt ~ ;,, ~ 1 ~ o LJ~L14~ ~'~ Paving ~'wo' ~ ~ ~ ct ~ O v t L ]ti 1 ~ ~.i ~ l.. _.. ~_ i 15 71i~'~f(1 ~1~E'@Il ym•' !~\ / / t<, n.,vc~3 { f rtix"1~~~~~ / ~ ~---------1 l~, C, ~ G ~ r ,~, , / ~ ' ___ ~ ~ .~_ ~/ ~ cy ~~--~ ~~ I:dmcw~ portion of existing i h il~r ' ~ ~ r ~- , ~'~;j ~ ri/ i I~n 1~~ (as shown) u> aFx n ihr ped~ stn u, ., i ,'~ • ~~t~ ~ h+*i ~~ f ~ circui,tronthrough thePlua, / >,~ _, ~ re•~E m ~_._., EX15t111~' Brl5tleeQ~e P121C' provide a new planteswallrvith ,~ „~ ~ ~' ~~'CaCl~' ~'~T c'l~t~' t~ matchini nntenal~ttxtdexh,ulQ,e f ~ '"~ m ~ 0 to be Removed to oper< up «~n~r,~t~ pa, it,g t~, n,afch ~~sl~,,., ~ . the view to the ,Axcade portion of fhe building, ,~," a __,, ~-, ~ __-- ~~ Llon~h.ead _~ a ~ ~_ ~-__ ~ _ __- ~l , ~; - -- - _-- Existing Town ~~` o£ ~+'ai1 Paying Proeri ~.ine ~~wrf~ ~e~Z~e~ ~' - • Punter ~` ' 1 ~~ 1 ~ ;~, _ __ ____- --- Plaza Entry from Lionshead Circle 1 phis is the existing condition at the pla~~ entr~~. 7~he trees and planter are an obstruction to the }niiestrian mall and inhibit anc aiew& to tik commercial fronts of the arcade and other stc>rc~s. After rrmu~•int; the Bristk~crnte piny and opening up the planter the access to the mall will otxn up dramatically. z. .,_ ~ ff.:_.. s ~..~ ` , .~1~t~,~D D~S1~.~'~ S,., CharXie's • Swedish Clog • T-Shirts Gabi.n kxi;~tn~ leiw sFcrcxb~ aFt~ ~~_~~_ ~saunctwvcr to rerrwin. r ~ ~ t "` .. ^... '~ s w F 'tirt' ~ ~ f 1; /, Refurbished Planter: . • i'roride. a le~4e! ptanter from tkte existing sloped walls fo 36" helghe. v ~,pplp a stone veneer anc~ sfane rap t ` to match c7fher planter walls. t° ' l2evc~,efate withl~ tfX perennials, lg" spacing. `First ~ ~ .. rrc~perty i.ne . ~~ ~~, ~, ~Ban~C ~~~ BLtJCK 1 . _. ----,. __ _-- ___ - ~. ' _ r ~" l ~~, N'URTH Vail 21 ~~ ~; ,,`: c~ -~~ _J ;~§? ~. 6: i_:.._ ..w ^~ ~~ .O u ~` ~ ~ 0 ~ ~~' ~~~ ~~a t~ o ~~ t~ 0 ~~.~ Step Planter k.. _ ,:~ -; - - h c Br adding the Brat tivall the punter nu~1~ fits rvith the rest of the mall and apnt~~s for more plants. The end of the planter has a patched look that doesn't a31rnv for proper planting ur correlate with the rest of the mail. ;QUA ± `~ ....-.-«---^-"^'" ..-•--'~'--~ ~-~~~ `z~ existing ix~ast~nxy~ Ttecanfig~ll•ed I'lantex: planter I~embve a porElun of the ctiistmb planftt (s`ei* d~tn.), n karate the trash ree eptacle as ahcatsn « an.l r~+rc~etate alI distarbed areas withu~g _ the planter faith RI, 78" on center (a~pzwc.45) w °""~"~,~...~ 7 r' ~ 5 ` ! ' _ ~ f 1., '~ ~ ~_ ~ ~ . y f~ • `, t ` .,.,~ ` t. ,- _ _ ~--- -- J %~ r- ~ ~ ,~ ExiStirig Aspen Tres to be I ~-~:~1 ~ 1,. ,, {-r{-~ t~ -~~ ` Existing -_-- P~~main _~ o I'rapasecl i'~anter to define the ~° outdoor dining azea outside fihe lirench Deli. Vegetate with ~:~ #~ perennials, l8" oncenter. Allow ~<~...: for placement of sculpture piece... { ~-- ~~ ~ ., {' ~f .~ ~ T'apcorn ' ~-~~ ` ~~:~ ti } 1 ~ Stand ~ 1 ~. ,' ~ _. x ~ `__ ~ r ~~ F'~¢ r' ~~}; f~~ I~OI:~T~I~T ~'erformance S~aortS French.. Deli .~_--- ~~::~~~ ~T?i 51~~v S . ~~ ~ ~•• 2 '< <w ,~ J ~ ~ ~' -~ t,~~ f -~--.'~}_' ~~ a o ~, .~ ~ v ~~ ~~~ ~~Q ~~~ ~~ f a 0 'sn«ax ~-~ ur~ r____~• ___m r; i t [~ ~ -~ .. s~ ~ a4. yam. ~ .-s, .. ~ x ~- x. r i r ~~"~ BEFORE `~ ~ st r y } .~ -, _~~:9>>~__~_ ~.y1.~~._rr.acd_~~:,.L., ~r ~.c~ r~.~,_.r~...3 ~t'`, t;.+.., .gyn.., ~c 't'his is thi~ itxistinn conditions Lxttvicen the deli and thc° }t'ti•lerti- sho€. There iseunentlt' nip distitxtirn~ l~t~+•een the outcionr dinin}; and the enh•~ to the je~~•eir~• shnp. ~~ III! Thr yn~apt~scd hlantcr ;xoulct scperaic Chc tw~i slwps as wctl as allay+~ a i~latforin ic,r an art exhibit that ~,~as agreed ulmn in last ~•rars submittal. The French Deli ~: • -_; ~~~, _ ~ BEFORE The existing; planter create a visual and ph~~sical harrier to the Dakota Craftsman and Performance Spurts. AFTER ~1IC~'~C~ ~~5i~?~~:7.. rrra:t.: ~~s°.t~cti ti~za~r~z By reducint; the size uF dte planter vnu are able h, see lmth stare fronts and hots to quickir access them.. Dakota Craftsman Planter __ __ _ __ _ v j •; ~ .r..-~--~ ' ' -- ,L1utltauk's handi4~ppxd/Yir~ ~ ,. Cxit i-~_~'` , ~% Qu~d~aor Dining ~~ i ' ~, ~ ' ,. ~ ~ ~. _ _ ~ __ ~. . _,- _ ._ ~~ ~ D111L`Ci~ Area ~ ~~~~ r r ~ -- - ~~--_- ~ --}~- ~ ' i ,. _ ~~~ ~, . 4 - ~___ -- ~' -~~~. Existing Cottonwood and raised ~~T ~ stone planter to be removed.. Repave the disturbed patio to match. the exist~atio having material. -~ . s --- -- .. -- ,,..._. "~ ~' ~ r _ ~; f RAND DESIGN ~~ I`~C3RTH big ~I .D u .~.~ ~~~ a .~ `~' (~ U° a~'' Q~/w ~~~ ~,~° ~~ ©'~ ~+ v 0 :~ ie~u~'""~ °~"_ 4'~ of F4~n MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 7, 2003 SUBJECT: A request by the Village Center Association to proceed through the Town of Vail development review process for the proposed improvements on a portion of sidewalk that encroaches off their southerly property boundary onto the Town of Vail's "Stream Tract" property. Applicant: Village Center Association, represented by Carey Helm Planner: Matt Gennett I. SUBJECT PROPERTY The subject property is a small portion of unplatted Town of Vail Golf Course land adjacent to Lot 16, Vail Valley 3~d Filing, at the eastern end of Sunburst Drive. II. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant wishes to heat a portion of sidewalk that encroaches off their southerly property boundary onto the Town of Vail's "Stream Tract" property. For your reference, please find attached a vicinity map, reduced site plan, and a copy of the signed encroachment agreement. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve this request to proceed through the development review process. Please note that an approval of this request does not constitute an approval of the proposed improvements; it simply allows the applicant to proceed through the development review process. The Town Council will be informed of the status of the proposal through one of staff's periodic updates to Council. IV. ATTACHMENTS A. Vicinity Map B. Reduced Site Plan C. Encroachment Agreement ° ~"I'~Ji°~ "~''rr•~ Y ,~. 1 1 ~ ~f ~~ ~ ~ } y ~ ~ , u ~~r 5~~~ ti ~~ ~~ ~:~ .~ i~'~^ Yrr o ~ ik r~`~ `YS .. ~. r ~~ nu. ~,r' r'~ ~, ~~,; 49. ~ ; f ~ ~"~':3 ~~= ~ ~ ~ ~ ~~~ ,~~' 1" = 75 k''` f ,i v ~ a'6K~ ~ ~~f ,~ ~}~¢ ~TM~ ,cry " _, r ~i '~ ~~ iii f {~ ~' ~5 ~~ - f ~. ~~"~~"~~}~{{~ 1~,~~~ } I' 5~ pis "`~„ " ~, ~ ~~ n ~fi' ~.:. < V'.L. ~ ~±ui+~ J ..` ~ .. ~~ ti +~7r, ,r.9ti '.1'1w 4 >' ~: i,~+''~ ~`X ~i ~ ` M•u "f =~ ,,,,,~ ,y }` w'=' ~: ` :S ~~ r ~ ~ , ~: , ~ ~ ' ~ . ~ x , .,, ~ ,r ~~, ~~~ .. ~ ~~ ` 1 ? -. ~ .~ ~ ~s F.! s ~ ~ - ~, t #~ . , ~„ ~ - .- ,. m. ~~ ~~ ~' y,., n~,~ ~ rrt},' ~,.~ ' r F' P ~ - - ~ ~ ~ ~ ~ r..'. ~ a V } ~ ~~ n ~ ~ 1 °rw ~ ~ i r f , ~. ~ ~ ~~iy` ~ ~ a. N ~',~ ~y i,J"e i i f~-~'r ~ 'C'IA, ,•, ~ ~~`''~~,ve~~,4ttu ~ ~ t~ : - r ~, ` E y~A ~ ~ ~ ~ ~5. yid' ~ $ ~„ ~ ~,~1 S~ 1 / ACC C S~ ` ~lf f~ ` Y f F ~ C~ r y J~ " 3 ~ tv ~ Yrr.•.. frT ~ ~.~. } ~•'~ Nj ~ ,fife ~~ ~,1~~~ ~. ~A, '~~ ~. ,/ ~ r 4` ~ r~ ~~ ~ ,.; r 4V 1. S •` J 1 ^~~ ~ µ, °, s. _ ~ ~ •~. t A ~ ~~l ti ~ .,~, ` ~ 'r~ .~ i } !tom ~ fY; a~ ~~~ ~ ~u A, J .ai r gr'.. d #, rF' F ~i ~ d .+:' ,~ ~ti ~ f '~ i1~~ ,, [ ~_ f F~ ~ n `p'~ ~ ?s! _ .~' .i h~" ,, '1: c ~, ~ a ~krt^ ,fit, ~" r ~ M1 z Y .1" r ~ b ~' r ~:. b ~. , i X14 ~~ ' ~ ~1~ h -' •~ ' f' d`+~ 1 ~ ,~ r ~ ` ~~t L.« k~ d"R ~{ . . .y e~ r ~~ r:~ ~.'~ ' ~ _ .~'4 t~ M a ~- 1 ~ ~ t r ~ { `Y"` -. ,g/~/'~ F « ~p l .j~Y jI Y~ ~iyS GIB t ] _ , ~, ~'7 J ~"'~ k. ~Y 1~ + "l ~4~A,1 ~ ~.ut- 3 ~,.. ~jn - •r.1'~'t ~ ; ;~~ ~ r,. ~~ ~ f P~h~ x`~.I ~ t y f i r 5, ~} th''~~ t ~y~,~y~~~ - ,~ t , ~ ~ ~ ,3. L' t k ~ ~. ~'' ~a'jr'~,; A ` I~ '~ .3 ,+ ,~{,1' ~ v~: rte,".: ~.~y i y~ ~ ~ 1 to ~ ~~' nf{'' . ~~" ~e ~ d ~, ~ ' !; YJAIL ' a ~ 1 SLC~?E ~' ~~ / ~' `~, JI m TW 67 O ~ PET'G PL~°G 111 ~-' P ,, •~~ ~ ScE PL:,IJ I ~ " °' 'i' ~ EIJLAP.GEsAEI.1: FOP. ,~ STEPS AN ~ ~ 14~ PCtiL kREA ~ ~ 'Q : / i 'I 'i lil ~LrG, I SSA {• j i 1 Ln ~ ' t; ~ i ~rG , I ~ ! ~p CC?JNf, +/- 12", SEE - ~~ .'E A\9. .'.6' i=RC„J IYSDE OF i=c'NC'c ti a= ~QPI::G TO EGCf OF I ~ ly ~ PAVIN.; k.YD FEP;C_, ! ~I p L SEE z~ETAI~S ~ REIdOVc N ~ ; €.XT'G P\IcEft 6~ 1 I ~ ` .~ ~~ ~ ~IIT STCNE ADD L p ~' ~ P .G I ~~ ~ '_" -,~ ' ~~ E 1 ~~) 01.E Q 1 II / ~ '~/ ~ !{~ 1 ,yl GATE nL;'0 _ ~ S e ' I . ~ '~ ai T~G U POOL TF 59.2 ~ PC ~ I ! ` n i ~~~ I ~J U o < I ~~ ~ t~ ~ ~ 3P, 'Y J I i. 1 =~r Pr.OPERTY LINE - ~t• ,'~~n ~~ ~~ ~ - - --~ - ~ ~ - - ~G ST~ STEPS ' ' '~ ~. - , , ~ ~f ~ ~ ~ ~ ,~ 3 •~ a ?E?..CE E;<T'G S:~-_~!~°_~ viii ~=C~tiC_ M p ~~ ~ Pky.P.S -'- -~1 ~ , ' __ _. _. ~_ Attachment: C AGREEMENT PERMITTING ENCROACHMENT This Agreement Permitting Encroachment (the "Agreement") dated this fib' day April 2003, is by and between the Town of Vail, a Colorado municipal corporation (the "Town"} and Village Center Association, a Colorado nonprofit corporation (the "Association"). WHEREAS the Town is the owner of a certain parcel of land located in the Town of Vail adjacent to Gore Creek and more commonly known as the Stream Tract (hereinafter referred to as the "Town Land"); WHEREAS the Association is the nonprofit homeowners' association for the Village Center Condominiums, duly organized and incorporated pursuant to its Articles of Incorporation, and governed by such Articles of Incorporation, Bylaws, and the Condominium Declaration, the First Supplement to the Declaration and the Second Supplement to the Declaration, for the Village Center Condominiums, respectively recorded in the Office of the Clerk and Recorder for Eagle County, Colorado on November 20,1972, in Book 226 at Page 362, October 23,1973, in Book 231 at Page 381, and October 23, 1974 in Book 239 at Page 23 (collectively hereinafter referred to as the "Governing Documents"), all of which Governing Documents empower the Association to govern, manage, maintain, repair, administer and regulate the Village Center Condominiums and the real property upon which such condominiums are located at 124 Willow Bridge Road, Vail, Colorado 81657 (the "Property"); WHEREAS the Property is adjacent to the Town Land; WHEREAS in 1972, as part of the original construction of the condominium project, certain improvements were constructed and have since been operated and maintained as illustrated and further depicted in the Proposed Site Plan Sheet, prepared by Fritzlen Pierce Architects, dated March 26, 2003 and attached hereto as Exhibit "A," and incorporated herein by reference as if more fully stated (the "Improvements"); WHEREAS subject to the terms hereof,. the Association desires to repair and maintain the Improvements, and in particular, replace the depicted fence in the same location with a 6' fence to comply with insurance obligations, to install stone veneer on the existing piers as depicted, and to replace the stone on the existing path as depicted with new pavers, and as may be modified with an approved building permit for the repair and maintenance of such Improvements, and thereafter, to continue to utilize the Improvements; P (b) The Encroachment located on, over, under, across and through the Town Land shall remain the property of Association and therefore the responsibility of the Association. _ __ _ (c) Any damage or loss to the Encroachment located on, over, under, across and through the Town Land caused by or arising from the Town's or its guests', invitees', licensees' or employees' use of the Town Land shall be borne by the Association at the Association's sole cost and expense. 2. Reversion. In the event that the Encroachment and the encroachment rights thereto shall be abandoned, the Association's interest in the Town Land in connection with this Agreement shall automatically revert to and be thereafter merged with the then- current Owner of the Town Land. T'he Association shall, at its sole cost and expense, prepare and execute. such documentation that the Town deems necessary or appropriate to effect such reversion in a form and content acceptable to the Town which document shall thereafter be recorded in the real property records of Eagle County, Colorado. In the event the Encroachment and the encroachment rights thereto are abandoned, Association shall remove or cause to be removed the Encroachment (and all of its personal property., if any) from the Town Land. 3. Insurance. At all times during the term of this Agreement, the Association shall carry and maintain, in full force and effect, at its sole cost and expense, a policy of comprehensive general liability insurance in an occurrence format in an amount of $1,000,000 per occurrence and not less than two million dollars ($2,000,000.00) general aggregate, including coverage for contractual liability, personal injury, broad form property damage, independent contractors and premises operations with insurance companies satisfactory to the Town (the "Insurance"). The Insurance shall provide that no cancellation, reduction in amount or material change in coverage shall be effective except upon thirty (30) days prior written notice to the Town and except upon the Town's written approval of such cancellation, reduction or change. The Town shall be named as an additional named insured, and the Association agrees to provide the Town with certificates of insurance evidencing such insurance upon execution of this Agreement and yearly thereafter. 4. Indernn~ty. The Association agrees to indemnify, defend and hold harmless the Town, its subsidiaries and affiliates, their respective agents, officers, directors, servants and employees of and from liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death, AGREEMENT PERMITTING ENCROACHMENT -PAGE 3 Association is in compliance with the terms of this Agreement; however, if any of the conditions of this Agreement fail to occur or if any obligations are breached by the Association. or if the Association is in any way in default hereunder, then, upon written notice from the Town to the Association of a Default, the Association shall have the right to cure the Default within a period of thirty (30) days, or if involving a lien, as provided in paragraph 9 above. If the Association cures the Default, written notice of such cure shall be provided by the Town. If the Association does not cure the Default within such thirty (30) days or pursuant to the provisions of paragraph 9, then this Agreement shall be considered automatically terminated by its terms and become null and void and of no further force and effect, and the Association shall have no encroachment rights hereunder, and, further, the Association agrees to execute such documents as may be necessary to effect the termination of this Agreement. 11: Termination. In the event of .the Association's non-compliance with the default provisions of this Agreement contained in paragraph 10, the Town shall have the right to terminate this Agreement by giving Association thirty (30) days written notice and Association shall thereafter promptly remove or cause to be removed the Encroachment from the Town Land. The Association shall, at its sole cost and expense, prepare and execute such documentation that the Town deems necessary or appropriate to effect such termination in a form and content acceptable to the Town which document shall thereafter be recorded in the real property records of Eagle County, Colorado. After. such termination, Town and Association shall have no further obligations under, this Agreement. 12. Entire Agreement This Agreement contains the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, nat embodied herein. This Agreement specifically supersedes any and all prior discussions, agreements, proposals, negotiations and representations relating hereto. 13. Counterparts• Facsimile Transmission This Agreement may be executed by facsimile and/or in any number of counterparts, any or all of which may contain the signatures of less than all the Parties, and all cif which shall be construed together as but a single instrument and shall be binding on the Parties as though originally executed on one originally executed document. All facsimile counterparts shall be promptly followed with delivery of original executed counterparts. AGREEMENT pERMTt'1'ING ENCROACHMENT -PAGE 5 ATTEST: By: STATE OF COLORADO COUNTY OF EAGLE )ss. The foregoing instrument was acknowledged before me, the undersigned notary, on this "day of Apri12003, by Pamela Brandmeyer as Town Manager, of the Town of Vail, a Colorado municipal corporation, on behalf of such corporation. Witness my 'cial seal. My comm' h~ pi , ~ ~$/~ ~l [SEAL] ~RAygM ~ sr ~ V ILLAG~E~7~ASSOCIATION, a Colorado nonprofit corporation ~/~_~~ By: W.T. Carpenter, Pre ent STATE OF COLORADO ) )ss. COUNTY OF EAGLE N to Public t.:l~ _~ •:~ ~r D ;:~ y • .•~~ .• , 'J~~r' CO~:~'D~ The foregoing instrument was acknowledged before me, the undersigned notary, on this ~~day of April 2003, by W.T. Carpenter, as President of Village Center Association, on behalf of such nonprofit corporation. Witness my hand and official seal. My commission expires: 1I11`Ofi [SEAL] f Notary Publi AGREEMENT PERMITTING ENCROACHMENT -PAGE 7 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 7, 2003 SUBJECT: A request to proceed through the Town of Vail development review process for the proposed improvements on a small piece of unplatted, Town of Vail golf course land located adjacent to Lot 16B, Vail Valley 3`d Filing (2039 Sunburst Drive). Applicant: Carlos Hanks, represented by NEDBO Construction Planner: Matt Gennett I. SUBJECT PROPERTY The subject property is a small portion of unplatted, Town of Vail golf course property located adjacent to Lot 16B, Vail Valley 3`d Filing (2039 Sunburst Drive). II. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant wishes to build a set of stone steps across a strip of Town land situated between the golf course and bike path (see attached site plan and photos). For your reference, please find attached a vicinity map, reduced site plan, and photographs of the subject property and the neighboring site. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve this request to proceed through the development review process. Please note that an approval of this request does not constitute an approval of the proposed improvements; it simply allows the applicant to proceed through the development review process. The Town Council will be informed of the status of the proposal through one of staff's periodic updates to Council IV. ATTACHMENTS A. Vicinity Map B. Reduced Site Plan C. Photographs n o . .., .~` r~ ~ ; ~.~ ;,~ ~ .. y,+ \ ,\ ''4 '.' ,. .~ . y ~ A ~ ~- ~ ~ ~ ~ ~ 4 w r '. ~~ ~ ~ , t .: .. ,. Y ~ ~S ~,.' . ~ C. ~ Y . ~~ ` '[ r .~i h .. ~ . f 1. ~; ~ ~` ~, ~~,~ .-Y a ', ., '~` ~ hd td',~,''e ~`~ ~ 'vim i~ ~ lK~~~ ~ µ `~" ~'s ~ ~ ~ ~ 7 r,~M ~'~~' . . . d a ~~O e ;~,y"~..~ u Y ~ ~fgtc '~;~"` L ~ ~ ' ~ - § ~ - ~iitti t^~.r a 'ti' ~' * " '~ eS ~~~{~-~~' ~..r ~ r~;~~ ~ Y~v ~~ ~~~~ ~ i ~'~`~ f,, ry y 1°` ! ~ ,A iLV ~~ i - y ~~ kaA~ r. ~~,A,~P4+; n{l' ~,,.,,` ~ wi„y,~,,~~i! J ~~~' 1.'.:~ ~ L ~ ~ ! ~ ktiM ~~~ ~ ~ '~'~ ~e ~ i ~C F'~4~ << ~ ~'}~( :~.a y. _, ~r r ~ .. ""'~ kl i "SSA ~ - ' ~'* d } t'.t ~ ~' ,fr ~ ~ ^ ~° 4~, nr ~ .r ~.~;~i _ . r~ nr ~ t7 ~, r ~ ~~~'~~ ~ ~ ~ ,.,L15~1 "- b c f r' ~ do w~~ ~ y: s°'?}~ ,~+~; ~~•~~~ I, i ~ '~ 1w , o ~ w, _ ~~,'~ y ! ~ Lad ~ „ - ~ 1 t°.4 ~~,.. 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Z s t t~ ., v ~ w.~ .ham .~. ~ ...:{ ti ~~:~ ' ~ e T ='J ~ N .. ~ 6~~" .~„" c f` _. _Y. -. _ 4,} m'y _ ~,-jam t ~~_: ~ ~ ~ t A~., - r r ~ - C..... y~., ~k ' ~- ~ ~ ,: c ~ ~ ~ 5~ ~ i x g i~a E ~~ e ~' ~'~' ,z y ,ti l" ,,~ ~ yyu~cc ` ~ ~ t,. ~ P ~` ~ ~ '~ ~ ~,~.yr~ . _. ~ _, 'f` ~,~ ~ ~ ~ ~~~ ~~i ~ 1` P ' e' r"£= : ~ ;~ fir, -f ,~~~ ~ ~ ~ °' ,~4#~~?'T'. ~ ~, .. ~ ~~ r 1 t _ ~ , ~ s~ ~,~ ` r~ {~,~.:~ ~ -'' ~ } f1 ~ ~4 Fem... ~~~y ~. ~. ~ :~ j ' ,~ ~ ~ y p `~ F . _ _ _. i~ 3 ~ _ r ~~ ~ ~~ ~ ~ a < a , t ~ ~ ,~. ~~ tea. ,ti:. .~ ~ ~ t:l , f - r ....- .. ' ~ Zl~' ~~ w - _ ~. -- - :~ rte` ~' `~ N~~ ~~~ ~,;,_. , ~ - -: - , - ~L ~ ~ t.. _ _ .. < ~ -. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 7, 2003 SUBJECT: An afternoon work session and afollow-up evening session to present to Council the new Title 11, Town of Vait Sign Regulations, and a first reading of Ordinance No. 19. Applicant: The Town of Vail Planner: Matt Gennett I. BACKGROUND At the last work session held with the Town Council on September 16, 2003, a number of issues and concerns were brought up by members of the Council in relation to the format and content of the new, proposed draft of Title 11, Sign Regulations. The following is a summary of the comments made to staff by Council during the last work session and how those issues have been addressed in the latest iteration of the Sign Code (attached): • Issue: Format may not be optimal -perhaps the Definitions section should be toward the front of the document. Resolution: The entire document has been reformatted and the chapters reordered to reflect consistency with the other Titles of the Town of Vail Code, and to offer a more intuitive, logical flow for readers. • Issue: Labels and captions under photographs and graphics are not consistent in placement, size, and font style. Resolution: The draft has been thoroughly reviewed and modified to ensure a uniform style and placement for labels and captions. • Issue: Transitions between sections and the different Sign Districts are unclear and awkward. Resolution: The pertinent chapters have been reviewed and edited to ensure clarity on which text goes with each section, and with the corresponding Sign District. 1 • Issue: Proportionality versus a maximum, uniform sign size in Sign District 1 (SD1). Resolution: Staff will give a presentation during the afternoon work session to compare different size frontages, in town and elsewhere, to the area of the sign mounted upon each frontage. (Also attached for reference is a table from the original draft of the new code that calculates sign area based on lineal frontage for SD1.) After numerous meetings with the merchant community, the consensus seems to be for a uniform six (6) square foot maximum sign area in SD1. • Issue: The maximum allowable area for Building Identification signs in Sign District 1 (SD1) seems excessive. The maximum sign sizes for both Business and Building Identification signage seem too large in Sign District 2 (SD2). Resolution: The maximum allowable area for the signage addressed above has been reduced in each Sign District. ATTACHMENTS A. Ordinance No. 19 B. A copy of the last PEC Staff Memorandum C. Draft of the proposed, amended Title 11, Sign Regulations D. Sign Area chart for Sign District 1from earlier version of the Draft 2 Attachment: A ORDINANCE NO. 19 Series of 2003 AN ORDINANCE REPEALING AND REENACTING. TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ACCOMPLISH LONGSTANDING GOALS AND OBJECTIVES ESTABLISHED BY THE TOWN, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, in recent years, the sign code has been identified as being too complicated to follow, difficult to enforce, and lacking a purpose statement; and WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Design Review Board of the Town of Vail has held public hearings to review the proposed amendments and has recommended approval for their adoption; .and WHEREAS, the staff of the Community Development Department of the Town of Vail has held focus group meetings with local merchants and sign contractors, who have responded favorably to the proposed text amendments; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and finds that the amendment meets the following four goals: 1. Develop a clear purpose statement for the sign code. 2. Develop a new sign code, complete with graphics, for the Town of Vail that contributes to the Town's vision statement of being the "Premier Resort Community." Signage and display elements should add something fo the Vail expen'ence...notdetrsct from it. 3. Make the code easier to understand and implement. 4. Make the code easier to enforce by the Town, and; WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its April 28, 2003, meeting, and has submitted its recommendation to the Town Council of the Town of Vail; and Ordinance No. T9, Series 2003 WHEREAS, the Town Council of the Town of Vail finds that the proposed text amendment furthers the general and specific purposes of the Sign Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the amendments demonstrate how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provide a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to repeal and reenact TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE. TITLE 11, SIGN REGULATIONS, is hereby repealed and reenacted as follows in ATTACHMENT A (attached). 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. Ordinance No. 19, Series 2003 2 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 7th day of October, 2003 and a public hearing for second reading of this Ordinance set for the 21St day of October, 2003, 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 7th day of Ordinance No. 19, Series 2003 3 October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series 2003 q, Attachment: B MEMORANDUM TO: The Planning and Environmental Commission FROM: Department of Community Development DATE: August 11, 2003 SUBJECT: Review of new format and the Variance language of Title 11, Sign Regulations, Vail Town Code. Applicant: Town of Vail Planner: Matt Gennett I. SUMMARY AND DESCRIPTION OF REQUEST The purpose of this worksession is to present the new format of the proposed. Sign Code amendments to the Planning and Environmental Commission (PEC) and review the new variance language with the PEC, as variances from the Sign Regulations are the only aspect of signage under the authority of the PEC. tt. BACKGROUND AND GOALS OF REVISION The Town of Vail Sign Code was first adopted in 1973. Since that time there have been numerous revisions to the sign code. There were other major revisions that occurred in 1993 which resulted in increased sign area in West Vail and more specifically in the Commercial Core 3 and Arterial Business Districts. In recent years, the sign code has been variously labeled as: a) Too complicated b) Difficult to enforce, and c) Lacking a purpose statement. The merchant community and staff have been working together on revisions to the existing code in order to correct the problems listed above. The Town Council has stated that total sign area should not be increased for the Vail and Lionshead villages based on the pedestrian nature of the villages. However, sign area could be increased in West Vail since those businesses depend on vehicular traffic versus pedestrian traffic. The following objectives shall be achieved in developing a revised sign code: • Develop a clear purpose statement for the sign code. • Develop a new sign code, complete with graphics, for the Town of Vail that contributes to the Town's vision statement of being the "Premier Resort Community." Signage and display elements should add something to the Vail experience... not detract from it. • Make the code easier to understand and implement. • Make the code easier to enforce by the Town. III. ROLE OF REVIEW BODIES Town Council: The Vail Town Council has the final authority in reviewing and approving a sign code amendment. To change the Sign Code requires approval on two readings of an ordinance. Planning and Environmental Commission (PEC): The PEC has the responsibility to hear variances on a sign code application. Since the sign code is in Chapter 11 of the Town Code, the PEC does not need to make a formal recommendation. Design Review Board (DRB): The DRB has primary responsibility to review and make final decisions on sign applications. Although the code does not require a formal recommendation from the Design Review Board, staff would appreciate forwarding a recommendation from the Design Review Board on the revised sign code to the Town Council. IV. APPLICABLE PLANNING DOCUMENTS A. Sign Code, Title 11 B. Lionshead Master Plan On page 6-2 of the Lionshead Redevelopment Master Plan the plan states: Creativity is encouraged in individual retail business signage. Ordinary stock or prefabricated signage should be avoided in favor of custom designed and fabricated artisan signage. V. SUBSTANTIVE CHANGES TO THE CODE: General Format: Part of the impetus behind the effort to draft a new sign code has been the need for an easier to follow set of regulations. The merchant community has stated that the existing code is too complicated for most people to readily understand and use it correctly. Therefore, it is difficult to actually know when and why a sign is in violation, for the town and public alike, and to adequately enforce the regulations. The layout and style of the new sign code draft is meant to make it easier to understand and enforce. The following outline demonstrates the proposed format and structure of the new sign code: Chapter 1 -Title, Purpose and Applicability Chapter 2 -Administration and Enforcement Chapter 3 -Definitions Chapter 4 -Sign Categories, Size and Quantity Chapter 5 -Design Guidelines Outdoor Displays and Sale Signs: Currently promotional, or "x% Sale", signs can be up for 30 days. The Town finds this regulation difficult to enforce and even harder to keep track of the duration a noncompliant sign has been up. The Draft Code would limit sale signs to approved 1.5 square foot signs that can not specify a percentage off or the amount of a sale. The Town has received complaints about liquidation sales and all the promotional signs that exist in Vail. However, it is usually the outdoor display racks of clothing and other merchandise that engender the majority of complaints about visual unsightliness. Staff has made the determination that outdoor displays are a matter of land use and should therefore be regulated by the Zoning Regulations, Title 12. Therefore, the PEC should be aware that staff will be coming forward with text amendments to Title 12 in order to more effectively regulate the use of outdoor displays. VII. INPUT FROM THE PLANNING AND ENVIRONMENTAL COMMISSION On October 28th the Planning and Environmental Commission reviewed the draft sign code. Your comments included: • The questions in the outline are helpful in organizing the document. • More sign area in West Vail is appropriate. • Create standards for residential name plates that do not require homeowners to come in for a DRB application. • Don't regulate content of for sale signs except from December 1 to March 31St. Sales are good during shoulder seasons. Standards for sale signs are needed. • Generally the PEC was comfortable with the sign areas referenced in sign area table on page 30. • The number of signs should be limited on small frontages (1 or 2). • There should be no outdoor displays ever on Town ROW. • 1 sq. ft. for Directory signs is too small in West Vail -consider 1.5 or 2 sq. ft. The PEC will remain the regulating body for applications seeking Sign Variances. Attachments A. Sign District Map Attachment: C Town of Vail Title ~~ Sign Regulations TITLE 11 SIGN REGULATIONS Subject Chapter Description, Purpose and Applicability .................................................................... 1 Definitions ........................................................................................................ 2 Administration ................................................................................................... 3 Sign Application Procedures .................................................................................4 Design Guidelines and Standards ..........................................................................5 Business and Building Identification Signs ...............................................................6 Other Signs ....................................................................................................... 7 Sign Programs .............................................................................. ................. .... 8 Exempt, Prohibited and Non-Conforming Signage .............................. .....................9 Variances ........................................................................................................ 10 Violations and Enforcement .................................................................................11 1 CHAPTER 1 DESCRIPTION, PURPOSE AND APPLICABILITY SECTION: 11-1-1: Description 11-1-2: Purpose 11-1-3: Applicability 11-1-1: DESCRIPTION This Title may be cited as the SIGN REGULATIONS for the Town, and shall form and be incorporated as Title 11 of the Vail Town Code. 11-1-2: PURPOSE A. GENERAL PURPOSE: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of signage in the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. SPECIFIC PURPOSE: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signage in the Town of Vail. 2. To encourage the establishment of well- designed, creative signage that enhances the unique character of Vail's environment. 3. To preserve a successful and high-quality business environment that is aided by signs that identify, direct, and inform. 4. To synthesize community qualities and economic values through signage that is characteristic of the small-town environment that the Town of Vail espouses. 5. To aid in providing for the growth of an orderly, safe, beautiful, and. viable community. 11-1-3: APPLICABILITY Except as provided elsewhere in this Title, the design, placement and use of any signs shall be in compliance with all of the regulations specified in this Title. All signs in the Town of Vail are subject to the Design Guidelines and Standards (Section 11-5-1) and review by the Design Review Board (DRB). 1 CHAPTER2 DEFINITIONS SECTION: 11-2-1: DEFINITIONS The chapters in which these terms are further defined are notated in parentheses. ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. (11) ADMINISTRATOR A member or members of the Town of Vail Staff appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 11: Sign Regulations. (3) AGGRIEVED PERSON Any person as defined in Section 12.3.3. B.2 the Town of Vail Zoning Regulations. ANIMATED SIGN Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation: prohibited in the Town of Vail. (9) ARCHITECTURAL PROJECTION Any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and the like, but not including signs. AREA, SIGN (SD 1) For Business signs: the entire size of the surface to which graphic elements such as lettering, symbols, diagrams, or similar representations are applied. (6) For Building identification signs: the entire size of the surface described by the smallest polygon that can surround the letters and graphics that comprise the sign. (6) Sign area does not include support brackets, support posts or the use of rock, stone, wood, metal or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. (6) AREA, SIGN (SD 2) For Business and Building identification signs: the entire size of the surface described by the smallest polygon that can surround the letters and graphics that comprise the sign. (6) Sign area does not include support brackets, support posts or the use of rock, stone, wood, metal or other natural elements applied for aesthetic or structural purposes for either business or building identification sign area calculations. (6) AWNING For the purposes of this Title, the roof- like cover that is temporary in nature and projects from the exterior of a building, typically over windows, walkways, doorways or outdoor eating areas. (6) BANNER, PENNANT or BUNTING Any temporary announcement device affixed to poles, wires or ropes, which is related to the announcement or promotion of community events or activities or to the decoration of the Town for special holidays. (7) BILLBOARD A permanent outdoor advertising sign that advertises goods, products or services that are not necessarily linked to the premises on which the sign is located: prohibited in the Town of Vail. (9) BUSINESS SIGN Any sign that displays the name of the business upon whose site it is located and which includes any graphics and language that represent the business. (6) BUILDING IDENTIFICATION SIGN Any sign that displays the name of the building upon whose site it is located and which includes any graphics and language that represent the building. (6) CHANGEABLE COPY A manually operated sign that displays graphical or word content that can be easily changed or altered: prohibited in the Town of Vail. (9) CLEARANCE The vertical distance, from existing grade to the lowest-hanging point, of any projecting/hanging sign or flag. (7) CONSTRUCTION SIGN (see Temporary Site Development Sign) DESIGN Includes the shape, dimensions, color, symbols, letters, material, and luminosity that comprises a sign. (5) DIRECTIONAL SIGN A sign which serves to direct pedestrian or vehicular traffic. DISPLAY BOARD (see Menu Box) ELECTRONIC DISPLAY TERMINAL Any monitor or electronic device used to provide public information or to promote a special event: allowed for Town of Vail public information purposes only. (9) ERECT To build, construct, attach, hang, place, mount, suspend or affix a sign: this also includes the painting of wall signs, murals or supergraphics. EVENT, SPECIAL A public event that is of interest to the community as a whole and has been approved and given a permit by the Town Manager and which does not include the promotion of any product, political candidate, religious leader or commercial goods or services, except in relation to the sponsorship of permitted events. FIBER OPTIC SIGN A sign. of thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits light throughout its length through internal reflections: prohibited in the Towne of Vail. (5) FINE ART Sculpture, fountains or similar objects that have form and beauty, including paintings or drawings. FLAG Any city, county, state, national, organizational, or institutional symbol or insignia applied to a (hanging) piece of fabric. (7) FLASHING SIGN Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever: prohibited in the Town of Vail. FREESTANDING SIGN A single or multi-faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. (6) FRONTAGE, BUILDING The horizontal, lineal dimension of any side of a building which .has a usable public entrance upon a major vehicular or pedestrian way or other circulation area. Where more than one (1) use occupies a building, each use having a public entrance for its exclusive use shall be considered to have its own business frontage. (6) FRONTAGE, BUSINESS The horizontal, lineal dimension of any side of a business which has a usable public entrance upon a major vehicular or pedestrian way or other circulation area. (6) GRADE, EXISTING The existing level of a property after any development or construction activity and prior to the erection of a sign. (6) HANGING SIGN (see Projecting/Hanging Sign) HEIGHT For the purposes of this Title, the height above grade to the highest part of a sign and its structures, unless otherwise noted or described. (6) HOURS OF OPERATION SIGN A sign that displays the hours during which the building's tenant serves the public: this includes "open" and "closed" signs, and the listings of accepted credit cards, organizational affiliations, and notable awards. (6) ILLUMINATED SIGN A sign emitting or reflecting a steady suffused or glowing light. (5) ILLUMINATION, DIRECT Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. (5) ILLUMINATION, INDIRECT A light source separated from the sign that illuminates the surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect lighting source should not be visible to viewer. ILLUMINATION, INTERNAL Illumination by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs which are made of a translucent material: prohibited in the Town of Vail, excluding signs used by the Town of Vail for public information purposes. (5) ILLUMINATION, NEON A light source in which a colorless, odorless, inert gaseous element known as neon is found: prohibited in the Town of Vail (5) ILLUMINATION, PAN-CHANNELED An indirect, concealed light source which is recessed into any element of a sign and is attached directly to the face of the sign: each element to be lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements but through the front face only. ILLUMINATION, RECESSED A source of light directed upon a sign that is placed inside of an architectural element, such as an eaves a preferred type of signage lighting within the Town of Vail. INSCRIPTION, MASONRY The name and/or date of a building: when etched into masonry. (9) JOINT DIRECTORY SIGN A type of building identification and business sign which displays the name of a building, complex, or center and the name and addresses of two (2) or more businesses within. (6) KIOSK A small structure, typically located within a pedestrian walkway or similar circulation area, which is used as a display space for posters, notices, exhibits, and similar displays: for public information use by the Town of Vail. (7) MAINTENANCE, SIGN The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. MENU BOX (also known as a display board or display box) A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, entertainment options, real-estate listings or items related to the advertised business. MURAL A work of art or a painting that is applied to and made an integral part of an exterior wall and which must receive approval by the Town of Vail's Art in Public Places Board prior to application. A mural shall be considered a wall sign, and regulated as such, if it contains words, logos, trademarks or graphic representations of any person, product or service that identifies or advertises a business. Signatures shall be allowed but limited to a maximum of two square feet in size. NON-CONFORMING SIGN (may also be known as a legally non-conforming sign) Any advertising structure or sign which was lawfully erected and maintained prior to the enactment of this Title and any amendments thereto, that fails to conform to all applicable regulations and restrictions of this Title. OFF-PREMISES SIGN Any sign that relates to or advertises products, services or uses, or directs persons to a different premise than that upon which the sign is located. OPEN/CLOSED SIGN A type of window sign that may be two- sided and displays the words "open" or "closed" on one or both sides of the sign: an open/closed sign may not display the hours of operation for a business. (6) OPEN HOUSE SIGN A temporary sign advertising areal- estate showing. (7) PERSON For the purposes of this Title, any individual, firm, partnership, association, corporation, company or organization of any kind. POLITICAL SIGN A temporary sign that announces, promotes, or draws attention to any candidate(s) seeking public office in a forthcoming election; also any sign announcing political issues, whether positively or negatively. (7) PORTABLE SIGN A sign which is not attached to the ground, a building or a structure: this does not include avehicle-mounted sign. as defined in this Title. PREMISE Land and the buildings that are owned or rented upon the area of that land. PROJECTING SIGN A sign that is attached to a building and which extends horizontally beyond the surface of the building to which it is attached. (6) PUBLIC ENTRANCE An entrance to a building or business which is customarily used or intended for use by the general public: fire exits, special employee entrances, loading dock entrances not generally used by the public, and other similar entrances shall not be considered as public entrances. A double door shall be counted as one (1) public entrance. (6) PUBLIC INFORMATION SIGN An informational sign that relays directions to the public regarding resources, restrooms, or any other similar public necessity. (8) QUANTITY The number of signs allowed a business or building: regulated according to the lineal frontage of that business or buildling. (6) REFLECTIVE SURFACE Any material or device which has the effect of intensifying reflected light, such as Scotchlite, Dayglo, glass and luminous paint: prohibited in the Town of Vail. (5) RESIDENTIAL NAMEPLATE SIGN A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, the house name, or the address of the house, and which may not contain advertising of any kind. (7) SIGN A surface or space as identified in these guidelines, whether continuous or not, which attracts attention, identifies a business or building, or conveys a message to any person by means of letters, numbers, figures, or other symbols, devices, or representations. SIGN DISTRICT Any one of three areas designated by the Town of Vail, each of which is subject to different sign regulations. (6) SIGN POSTS AND POLES Any vertical upright that supports a freestanding sign and is not attached to or braced by any other structure. SIGN PROGRAM A master plan designed to show the number and relationship of signs for any building or cluster of buildings that. houses a number of users and is therefore allowed multiple signs. (8) SIGN STRUCTURE The supports, uprights, braces, hanging devices, and framework of a sign. (6) SITE The property which provides a location for and justifies the area of a sign. SIZE (see Area, Sign) STAFF A member or members of the Town of Vail Community Development Department staff appointed by the Town Manager and designated to administer and enforce the guidelines outlined in Title 11: Sign Regulations.. (3) STAINED GLASS Multi-colored pieces of translucent material held together by foil or lead canes and having the various joints soldered together. Signs made out of translucent materials will be erected only at the discretion of the Design Review Board and may either be backlit or have indirect lighting. (5) SUBDIVISION ENTRANCE SIGN A sign that identifies a condominium complex or group of apartment buildings having at least one hundred (100') linear feet of frontage along a vehicular or pedestrian way. (7) TEMPORARY SIGN A sign which is intended for a definite and limited period of display and which is not permanently affixed to a structure or sign structure. (9) TEMPORARY SITE DEVELOPMENT SIGN A sign permitted to identify a project under construction and the associated hazardous conditions and which may include the project name and address; a temporary site development sign may not include the name of the general contractor, architect, prime real estate agent, or other persons inherently associated with the development. (7) TRAFFIC-CONTROL SIGN (for private property) A sign permitted by the Town of Vail to identify private parking areas and to direct the flow of traffic on private property. (7) VEHICLE SIGN Any temporary sign, logo or advertisement which is placed, painted, attached, or displayed on a vehicle. WALL SIGN A sign that is attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall and which does not project more than 9 inches (9") from the wall. (6) WINDOW SIGN A sign installed upon or within three feet (3') from a window, which is visible from the nearest pedestrian or vehicular way and is used for the purpose of display or advertising: this term does not include merchandise displays. (6) YARD SIGN A temporary sign that is placed in the ground and which announces a garage sale, open house or similar event occurring on the property on which it is displayed. (7) ZONE A zoning district as described in Title 12, Zoning Regulations for the Town of Vail (e.g., ABD or CC3). A "zone" is not to be confused with a sign "district". (6) CHAPTER3 ADMINISTRATION SECTION: 11-3-1: Administration 11-3-2: Liability 11-3-1: ADMINISTRATION A. ADMINISTRATOR C. AMENDMENTS 1. Appointment The Town Manager shall appoint an Administrator, who shall administer and enforce this Title. This position may be combined with another position in the Town of Vail. 2. Responsibilities The Administrator/Staff shall be responsible for the duties prescribed in this Title, which entail the enforcement of the sign regulations. 3. Enforcement The Administrator/Staff may serve notice of violation, or carry out removal of any sign in violation of this Title. The Administrator/Staff may call upon the Town Attorney to institute necessary legal proceedings and the Chief of Police and/or authorized agents to assist in the enforcement of this Title. The regulations prescribed in this Title may be amended or repealed through due process by the Vail Town Council. 11-3-2: LIABILITY The provisions of this Title shall not limit the liability of any person who erects or owns any -sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued under the provisions of this Title. The provisions of this Title shall not impose upon the Town of Vail, its officers, employees, or the Design Review Board, any responsibility or liability by reason of the approval of any sign. B. DESIGN REVIEW BOARD 1. Appointment The Design Review Board shall be appointed according to Title 4, Chapter 3 of the Vail Town Code. 2. Responsibilities The Design Review Board shall be responsible for the duties prescribed in this Title, which entail the review of sign applications. CHAPTER 4 SIGN APPLICATION PROCEDURES SECTION: 11-4-1: Submittal Requirements 11-4-2: Sign application review 11-4-1: SUBMITTAL REQUIREMENTS 1. Staff Review: The Community Any sign erected within the Town of Vail Development Department of the shall be regulated by this Title and is subject Town of Vail shall accept for review to design review by the Staff and/or Design the properly completed sign Review Board of the Town of Vail. The application. following application requirements must be met for any sign that is to be erected within a. If the Staff determines that the the Town of Vail. sign application unquestionably meets the standards of this Title, A. SIGN APPLICATION: including the design A sign application for the erection of requirements as they are stated an individual sign consists of an in Chapter 5 and technical "Application for Design Review" requirements as they are stated which must be obtained from the in Chapter 6, Staff shall then Town of Vail's Community approve the application. All Development Department, properly applications approved by the completed per the instructions, and Staff shall be listed on the next returned with the appropriate publicly-posted agenda of the materials to the Staff in order to Design Review Board. begin the two-phase review process listed in Section 11-4-2 of this b. If the Staff determines that the Chapter. sign application meets the standards of this Title, but does B. APPLICATION FEE: not unquestionably meet the A reasonable application filing fee design requirements as they are shall be set by the Vail Town Council stated in Chapter 5 and the to include the cost of the Town of technical requirements as they Vail administration time and other are stated in Chapter 6, Staff will expenses involved in the review of schedule the application for the application. The fee shall be review by the Design Review paid at the time that the application Board at their next twice-monthly is submitted and shall not be hearing. refundable. c. If the Staff determines that the 11-4-2: SIGN APPLICATION REVIEW sign application does not meet the standards outlined in this A. CRITERIA FOR DECISION: Title, including the design Each sign application is subject to the requirements as they are stated following two levels of review: Staff in Chapter 5, and the technical review and Design Review Board (DRB) requirements of this Title as they review. are stated in Chapter 6, Staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this Title, the applicant will be notified of the denial in writing and may resubmit a modified application to the Staff, file an appeal with the Vail Town Council or file an application for a variance in accordance with Chapter 10 of this Title, Appeals and Variances. 2. Design Review Board review: The DRB will review atl sign applications not approved by Staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the Design Guidelines and Standards as listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title. a. Upon determination of compliance with the Design Guidelines and Design Standards listed in Chapter 5 and the technical requirements as listed in Chapter 6 of this Title, the Design Review Board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. b. Upon Design Review Board denial of the application based on the Design Guidelines and Design Standards listed in Chapter 5 and/or the technical requirements as listed in Chapter 6 of this Title, the applicant will be notified in writing of the reasons for denial and may resubmit a modified application to Staff according to the recommendations from the Design Review Board. The applicant may instead file an appeal to the Town Council if he/she chooses not to resubmit a modified application to Staff (see chapter 10 of this Title, Variances and Appeals). CHAPTER 5 DESIGN GUIDELINES AND STANDARDS SECTION: 11-5-1: Purpose 11-5-2: Design Guidelines 11-5-3: Design Standards 11-5-1: PURPOSE The Design Guidelines and Standards exist in order to provide direction for signage within the Town of Vail which easily informs and identifies and which enhances local streetscapes and provides aesthetic consistency with both the built and natural environment. The guidelines and standards are intended to encourage expression and creativity. 11-5-2 : DESIGN GUIDELINES Any sign erected within the Town of Vail is a communicative medium and should: A. Be consistent with Town scale and architecture: sign location, configuration, design, and size should be aesthetically harmonious with the majestic mountain setting and the alpine village scale of the town. B. Comply with the size of surrounding structure: the sign should not visually dominate the structure or business to which it belongs. The Staff will review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. I 6 .~ ~,j '' ~.M? ~~~ ~ ~ ~n -~ ~.~. .e~'~ - _ Appropriate sign size C. Be composed of natural materials: Sign materials should be predominately natural and may include the following materials: painted, stained, solid or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; non-reflective glass and stained glass; other naturally-textured building materials. Plastic and other synthetic materials that are not naturally-textured, such as sign foam, vinyl or plexiglass (Lexan) are discouraged. D. Use natural colors: Earth tones: full spectrum of soil, clay and metallic colors Neutrals: off-whites to deep browns and blacks Bright colors should be used only as accents E. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). ~l "77``11 ..CC" ~.,' 1,,yo ' ;"' Fl ~- ~ f r s~~ ky~t~ 1F E~,{~ `~ 4~ ~ ~ ~ i { ~t ~ l i + ~ j ~ ~ ~~ ~ ~~ -~ 1 ~ r .:. s; r-. i~ ~ v F .r~ a ;~ rc' t ~~ ~ Z,. ~ ~~ , • i ` pJ r, r3 ~ ~ i~,iy~ ~ i,t'?~ ~ s. ~k S' ~ .. Natural landscaping Creafive use of wrought iron F. Use appropriate support structures: all signs and sign support structures, .together with all of their braces, guys and anchors, should be kept in good repair. The display surfaces and hardware of all signs should be properly painted or posted at all times. G. Use creative graphics :and lettering the creative use of depth, relief, shading and other pleasing textural qualities is generally encouraged:.. The guidelines that apply to general sign colors likewise apply to graphics and lettering. Both of these signs protray the creative use ofgraphics H. Use inconspicuous lighting: lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged. 11-5-3: DESIGN STANDARDS Any sign erected within the Town of Vail shall conform to the following standards: A. Colors: fluorescent, day-glo and neon colors shall be prohibited. B. Reflective surfaces: sign surfaces that are reflective are prohibited and shall instead be comprised of matte orflat finishes. C. Lighting fixtures: lighting must be white in color. Lighting fixtures shall not shine or reflect onto adjacent properties. Lighting sources shall not be directly visible to passing pedestrians or vehicles and shall be concealed in a manner. such that direct light does not shine through any element of a sign. Internal illumination and fluorescent/neon light sources are prohibited. Attractive supp©rt system Attractive visible light fixture D. Wind pressure and dead load requirements: any sign, as defined throughout this Title, shall be designed to withstand wind pressures and receive dead loads as required at the time of construction in the most recent building code (IBC), as adopted by the Town of Vail and determined by the Chief Building Official. E. Sign inspection: each sign for which a permit is required shall be subject to inspection and re-inspection by the Staff. F. Electrical wiring: electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electri cal code of the Town and the electrical components shall bear the label of an approved testing agency. G. Location: signs shall be constructed on private property outside of the Town right-of-way and shall not project onto the Town right- of-way except when permitted under a licensing agreement or a revocable right-of-way permit issued from the Town of Vail. H. Moving Parts: signs that have or appear to have moving parts (aside from natural wind-induced movement) are prohibited. Sign Maintenance: all signs shall be kept in good repair; this includes replacement of lighting, re-painting when appropriate, and other actions which contribute to attractive signage. The glass surfaces on which window signs are affixed shall be kept clean and well-maintained. CHAPTER 6 BUSINESS & BUILDING IDENTIFICATION SIGNS SECTION: 1. Number, area, height, and special provisions of business signs in Sign 11-6-1: Purpose and Description District 1 (SD 1) 11-6-2: Sign Districts 11-6-3: Business Signs a. Wall and Projecting/Hanging 11-6-4: Building Identification Signs Signs: 11-6-1: PURPOSE AND DESCRIPTION Business & Building Identification Signs are are meant to identify and inform through the display of the business and/or building name and any graphic symbols or language perti- nent to the advertised enterprise. The follow- ing chapter covers all of the technical infor- mation needed to apply for a Business or Building Identificaton sign. All Business and Building Identification signs shall comply to the standards outlined in this chapter and shall be subject to design review. 11-6-2: SIGN DISTRICTS Sign District 1: All of Vail except for prop- erty zoned ABD and CC3 Sign District 2: All property zoned ABD and CC3 (West Vail and Cascade Crossing) Sign District 3: West Vail Interchange (CDOT right-of-way) 11-6-3:BUSINESS SIGNS Business Signs are those that display the name of the business and include any graphics or language that represent the business. . -~.......~.,_ t rti~. ~ ~:~~~s:~~>r roucH ~"~~r. __ Attractive projecting/ hanging sign Number - One per usable public entrance. Area -The maximum allowable sign area of projecting/hanging and wall signs shall be 6 square feet. Height -Projecting and hanging signs must have a minimum clearance of 8 ft. above pedestrian ways and a minimum clearance of 15 ft. above vehicular ways. No part of any projecting/hanging or wall sign shall extend over 25 ft. above existing grade. Special provisions - an awning may substitute for one of the projecting/hanging signs allowed a business. The size of the signage conveyed on the awning will be calculated according to the total area of the text, as described in Figure 1. Business Sign Figure 1 n ~` ~ /~ I .~~ 6' I ~ l I I 8.. i ~~= ~ v ~~ ~~ , ~~ ~ a ~ ~ lam" 18" x 6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (125 feet b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards) Menu box displaying dai-y restaurant specials Number -one dislay box or special .board per business. Area - the combined area may not exceed six square feet (6 sq. ft. ). Height -the height of the highest part of the board or display box shall not extend more than 6 ft. from existing grade. Special provisions -allowed at restaurant and real estate businesses c. Sale Signs ~~ 1 : " " ` ' "~ t ~ ~:: ~ ?~ Attractive sale signage Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -may not exceed 1.5 square feet. Height -the top of any sale sign may not extend more than 10' above existing grade. Special provisions - if located outside, must be placed on a display rack only. Sale sign permits authorizing sale signs of up to 7 square feet maybe obtained by completing an application from the Community Development Department. Sale sign permits authorize the use of larger sale signs between the dates of April 7st and December 7st for up to two 15 day periods. d. Window Signs Attractive window signage Number -not regulated as long as area requirements are met. only. (window signs, cont.) Area -not to exceed 15% of total window area. Height -the top of any window sign must .not extend more than 25 ft. above existing grade Special provisions -Mullions that are less than 12" (12 inches) in width will not constitute as window separators. Signs placed inside of a business, within 10' of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per usable public entrance of a business. Area - 1.5 square feet of window signage only (for each usable public entrance). Height - the top of any business operation sign may not exceed 5 feet from the first floor floorplate of the business. Special provision/purpose -business operation signs are intended to provide information such as affiliations, hours of operation, and accepted credit cards or forms of payment. f. Open/Closed signs A discreet, two-sided open/closed sign uw..tf„'.1L~r»h t,.IN4 wit' AlV~4F.Yr.~'C' i.N.~tS? s ~~... ~~ ,~ ~ .:. , ~>: ~OS:FD ~l' ~ ,, j~ I -- ~ ,~f rw t ~ )r ,~ 1 ~, ~ ~ `k:~ Number -one sign per usable public entrance of a business. Area - 1.5 square feet of window signage only (per usable public en- trance). Height -the top of any open/closed sign may not exceed 5 feet from the first floor floorplate of the business. Special provisions- the one open/closed sign allowed per usable entrance of a business may be two-sided for con- venience. The area shall be calculated according to one side only. Second floor and below grade spaces: Second floor businesses are subject to the same sign standards, zoning regulations, and property owner approval as all other business signs within Sign District 1. Businesses that are below-grade or are without a frontage are allowed one sign with a maximum of four square feet (4 sq. ft.). Business operations sign showing hours of operation and accepted forms of payment 2. Number, area, height, and special provisions of business signs in Sign District 2 a. Wall and Projecting/Hanging Signs Number - One per business frontage on a major pedestrian or vehicular way with a maximum of 3 per business. Area -The allowable sign area of projecting/hanging and wall signs shall be based on total lineal frontage as described in Section 11.6.3.3. Height -Projecting/hanging signs must have a minimum clearance of 8 ft. above pedestrian ways and a minimum clearance of 15 ft. above vehicular ways. No part of a projecting/hanging or wall sign shall extend over 25 ft. above existing grade. .Special provisions - an awning may substitute for one of the three ;projecting/hanging and wallsigns allowed a business and shall be measuredaccording to the total text area on the awning (as in Figure 2). Figure 2 l f ~'" ~~ ~`\ i `~ l 1 ~. ~ ~ ~' . = I ~ ~ ~ ,. i ° ° ~ ! 12" - ~ --- --1 18" x 6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) b. Menu Boxes (also known as Display Boards, Display Boxes, or Special Boards) Number -one display box or special board per business. Area - the combined area may not exceed six square feet (6 sq. ft.). Height -the height of the highest part of the board or display box must not extend more than 6 ft. from existing grade. Special provisions -allowed at restaurant and real estate businesses only. c. Sale Signs Number -one window sign per business placed inside OR one sign per business placed outside on a display rack only. Area -may not exceed 1.5 square feet. Height -the top of any sale sign may not extend more than 25' above existing grade. Special provisions - if located outside, must be placed on a display rack only. d. Window Signs Number -not regulated as long as area requirements are met. Area -not to exceed 15% of total window area. Height -the top of any window sign must not extend more than 25 ft. above existing grade. Special provisions -Mullions that are less than 12" (12 inches) in width will not constitute as window separators. Signs placed inside of a business, within 10' of a window and visible from the outside, shall be counted toward total window sign quantity and area. e. Business Operation Signs Number -one sign per usable public entrance of a business. Area - 2 square feet of window signage only. Height - the top of any business operation sign may not exceed 5 feet from the first floor floorplate of the business. Special provisions - a business operation sign may include affiliations, hours of operation, and credit cards accepted. f. Open/Closed signs Number - 1 sign .per usable public en- trance of a business. Area - 1.5 square feet of window signage only (per usable public en trance). Height -the top of any open/closed sign may not exceed 5 feet from the first floor floorplate of the business. Special provisions- the one open/closed sign allowed a business may be two sided for convenience. The area shall be calculated according to one side only. 3. Allowable Sign area for Business Signs within Sign District 2 (SD 2) The allowable sign area of any business sign in Sign District 2 is based upon the length of the lineal frontage(s) of the space occupied by the business, as detailed in the table below: please note that "total sign area" includes the combined sign area of the total number of business signs of any one business (this does not include sale signs, open/closed signs or business operation signs). Business Frontage Total Sign Area 0' -12.99' 10 sq. ft. 13' - 24.99' 14 sq. ft. 25' - 49.99' 20 sq. ft. 50' - 74.99' 40 sq. ft. 75' - 99.99' 50 sq. ft. 100' - 149.99' 60 sq. ft. 150' - 199.99' 70 sq. ft. 200' - 400.00" 80 sq. ft. Business sign area in Sign District 2 is calculated by adding the combined area of two imaginary rectangles placed over the form of the text only, as depicted in Figure 3. Curvilinear, circular, organic, or other unique shapes are encouraged and the text will be measured in the same manner, as shown below. Figure 3 18"x6" area of thick rectangle (108") (.75 square feet) 12" x 6" area of thin rectangle (72") (.5 square feet) 180" (1.25 square feet) 4. Measuring Business Frontage for Business Signs within Sign District 2 (SD 2) The following graphic illustrates how to m easu~ tine fiz~ntage ofa business. Nofe: In order to be considered a frontage, that side of a building or business must have a major public entrance that opens onto a major vehicular or pedestrian way. Figure 4 contains three separate businesses, each sharing portions of a frontage with one or more other businesses. Business A has one frontage upon which signs may be placed, frontage A, which is defined as a frontage because it parallels a major pedestrian/vehicular way and contains a usable public entrance. Business B also has only one frontage (B) upon which a sign may be placed. Though the other side of the business parallels a major pedestrian/vehicular way, only the side with an entrance may be considered a frontage. Business C has one frontage (C) upon which a sign may be placed. All three businesses share portions of frontage D, which parallels a major pedestrian/vehicular way. Lengths A, B, and C each contain an entrance, which qualify them as frontages. Figure 4 Second floor and below grade spaces: Second floor businesses are subject to the same lineal sign regulations, frontage standards, zoning regulations, and property owner approval as all other signs within Sign District 2. Businesses that are below-grade or are without a frontage are allowed one sign with a maximum of four square feet (4 sq. ft. ). 5. Business Signs within Sign District 3 (SD All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and are not regulated by the requirements set forth in Chapter 6 of this Title. 11-6-4:BUILDING IDENTIFICATION SIGNS Description: A building sign indicates the name of a building, which, in some cases, (such as a hotel or lodge) may be the same as the primary business and building owner. All building signs must comply with the regulations listed herein and are also subject to review by the Design Review Board, who reviews signage based on the criteria in Chapter 5 of this Title. A building identification sign using text only The size of a building's total sign area iic3zdes the total text and graphics of the total number of its signs (see Figure 4) and varies with each building frontage (see tables below). 1. Allowable Building Identification Sign area in Sign District 1 (SD 1) The lineal frontage of a building is mea- sured in the same manner as that of a business, except that frontages are not delineated by inner divisions between tenant spaces. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' - 149.99' 50sq ft 150' - 199.99' S0sq ft 200'+ 60sq ft 2. Allowable Buildina Identification Sian area in Sign District 2 (SD 2) The lineal frontage of a building is mea- sured in the same manner as that of a business, except that frontages are not delineated by inner divisions between tenant spaces. Bldg. Frontage Allowed Total Sign Area 10' - 49.99' 20sq ft 50' - 74.99' 30sq ft 75' - 99.99' 40sq ft 100' -149.99' 50sq ft 150' -199.99' 50sq ft 200' - 249.99' 60sq ft 250' - 299.99' 60sq ft 300' - 399.99' 70sq ft 400+ 80sq ft 3. Types of Building Identification Signs in Sign Districts 1 and 2 a. Freestanding Signs Number -one (1) freestanding sign per building frontage on a major pedestrian or vehicular way. Area -freestanding building identification signs shall be subject to the total sign area requirements of the Building Front- age charts listed previously. Height - no part of a freestanding building identification sign may be higher than 8' above existing grade. Special provisions - if using two signs, no more than one sign may be a freestanding sign. Signs must be placed on two sep- arate building facades facing pedestrian and vehicular ways: subject to design re- view. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed (1). b. Wall-mounted Signs Number -one (1) sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) signs (wall or freestanding) are allowed if a building has two front- ages as defined in these regulations. Area -wall-mounted building. identif- cation signs shall be subject to the total sign area requirements of the Building Frontage charts listed previ ously. Height - no part of awall-mounted building identification sign may be higher than 25' above existing grade. Special provisions - if using two signs, signs must be placed on two separate frontages: subject to design review. Wall mounted building identification sign Free-standing building identification sign c. Joint Directory Signs Number -one joint directory sign per building unless the building has more than one frontage (see Chapter 2, definitions) with a combined linear frontage that exceeds 150 feet, in which case that building may be entitled to two joint directory signs. No building identifi- cation sign will be allowed for the side of a building that houses a joint directory sign. Area -each joint directory sign may contain one square foot per business tenant in a building and up to three square feet for the name of the building placed atop the joint directory sign. Height - no part of a joint directory sign may be higher than 8' above existing grade. Special Provisions - a joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed (1). All joint directory signs shall be kept current according to business turnover. 4. Types of Building Identification signs within Sign District 3 (SD 3) All Signs in Sign District 3 (SD 3) exist under the authority of the Colorado Department of Transportation (CDOT) and are not regulated by the requirements set forth in Chapter 6 of this Title. Joint Directory building identification sign CHAPTER 7 OTHER SIGNS 11-7-1: Flags, Pennants, Banners 3. Clearance: Flags, pennants and and Bunting banners shall have a minimum 11-7-2: Political Signs clearance of eight feet when 11-7-3: Private No-Parking Signs projecting over public 11-7-4: Public Information Signs walkways and a minimum 11-7-5: Residential Nameplate Signs clearance of fifteen feet when 11-7-6: Subdivision Entrance Signs projecting over vehicular streets. 11-7-7: Temporary Site Development Signs 4. Number: Subject to design 11-7-8: Traffic-Control Signs for review. Private Property 11-7-9: Entertainment Signs 5. Location: Subject to design 11-7-10: Garage and Yard Sale Signs review. 11-7-11: Open House Signs 11-7-12: Balloons 6. Color and Design: excepting 11-7-13: Vehicular Signage official flags, color and design. of 11-7-14: Holiday decorations flags, flag poles, pennants, banners and bunting shall be 11-7-1: FLAGS, PENNANTS, subject to design review. BANNERS AND BUNTING Description: Flags, pennants, banners 7. Landscaping: subject to design and bunting shall be allowed in review by the Staff. appropriate places within the Town in order to add color and vitality to the 8. Special Events: Banners, Town of Vail. Flags, pennants, banners, pennants, bunting or and bunting shall be considered types of decorations of a temporary signs and shall adhere to the nature used for the purpose of requirements listed in this Title and promoting community activities Chapter. or the sponsors thereof shall be exempted from the 1. Size: Flags of the Federal, State, application procedure described County, or Municipal government in this Title and shall instead be shall have proportions as subject to the requirements prescribed by presidential associated with acquiring a declaration (three by five feet (3'x special events permit from the 5') when hung from a building, or Town of Vail. shall be five by seven feet (5' x 7') when hung from a large flag pole. a. Granting of a special The size of all other flags is events permit that involves subject to design review by the signage shall be preceeded Staff. by staff review.. 2. Flag Pole Height: subject to design b. Removal: In the event that review by the Staff. pennants, banners or bunting are not removed by the owner on the date specified on the sign application, written notice by certified mail will be sent to the owner and the item(s) will be removed by the Town of Vail at the owner's expense. c. Pennants, banners and bunting that are not associated with community events or activities but are for the purpose of advertising only, are not allowed. 11-7-2: POLITICAL SIGNS Description: Any sign with the intended purpose of denoting political campaign headquarters, party affiliation, or advertising a political figure or cause. Size: The size of the sign shall be limited to twenty square feet and the combined maximum area for more than one sign shall be no larger than twenty square feet. 2. Height: subject to design review by the Staff. 3. Number: One sign per vehicular street or major pedestrian way which the business abuts, subject to design review. 4 5 6 Location: subject to design review. Design: subject to design review. Lighting: indirect or pan- channeled then the duration of the sign's placement shall be determined by the Staff. b. The sign must be taken down twenty-four hours after the election, cause, or event for which it was erected. 11-7-3: PRIVATE NO-PARKING SIGNS Size: Private no-parking signs shall not exceed two square feet in size and shall have a brown background with white lettering which shall read as follows: PRIVATE PARKING UNAUTHORIZED VEHICLES WILL BE TOWED BY OWNER 11-7-4: PUBLIC INFORMATION SIGNS Description: A public information sign includes any display board or kiosk with the intended use of locating posters, handouts and cards identifying community activities, special events and personal information. All display boards and kiosks shall be constructed, erected and maintained by the Town of Vail or with the permission thereof. Size: the size of display boards or kiosks shall be determined during design review. 2. Height: Subject to design review. 3. Number: Subject to design review. 4. Location: Subject to design review. 7. Special Provisions 5. Design: Subject to design review. a. If the sign is to be up more than one week, 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 11-7-5: RESIDENTIAL NAMEPLATE SIGNS Description: A residential nameplate sign identifies a house, showing the family name and/or the home name and the address. Size: size shall not exceed one- half square foot per single family or duplex structure or one-half square foot for each multi-family unit. 2. Height: No part of the sign shall however, that the individual nameplates of the directory are of a standard design and size. All joint directory nameplate signs must be kept current. 11-7-6: SUBDIVISION ENTRANCE SIGNS Description: A subdivision entrance sign identifies the entrance to a major subdivision, condominium complex, or group of apartment buildings that have at least one hundred linear feet of frontage along a vehicular pedestrian- way. Size: combined size of all faces of a multi-sided sign may not exceed twenty square feet. extend above eight feet from 2. Height: no part of the sign shall existing grade. .extend more than eight feet from existing grade. 3. Number: Limited to one sign for each dwelling unit. 3. Number: limited to a maximum of one sign per major entry 4. Location: Subject to design providing access to a review. subdivision. Final decision as to the determination of a major 5. Design: wall-mounted or entry shall be at the discretion of projecting or hanging, subject to the Staff, subject to design design review. A freestanding review. sign may be used for asingle- family or duplex dwelling 4. Design: Subject to design structure. review. 6. Lighting: indirect. 5. Lighting: Indirect or pan- channeled. 7. Landscaping: subject to design review. 6. Landscaping: Landscaping shall be as follows; 8. Special Provisions a. A landscaped area of two square Nameplate signs in HDMF, feet for each square foot of each LDMF, MDMF zones shall be side of the sign and supporting restricted to one wall-mounted structure shall be required at the sign per living unit in structures base of the sign, with a minimum having two or more living units. area to be landscaped of twenty Further, such structures may four square feet. have one exterior wall-mounted nameplate directory; provided, b. All landscaped areas shall be maintained to town standards. c. A plan showing the landscaping must be submitted by the applicant at the time of application. 11-7-7: TEMPORARY SITE- DEVELOPMENT SIGNS Description: A temporary site- development sign includes any sign that indicates or identifies development of real property under construction. Size: Any site development sign shall not exceed twenty square feet, with a horizontal dimension no greater than ten feet. 2. Height: The top of a sign shall be no higher than eight feet from grade. 3. Number: One sign per site. vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property Size: All vehicular traffic-control signs shall not exceed one square foot except for multi- purpose signs which shall not exceed four square feet and except for private parking signs which shall not exceed two square feet. All pedestrian traffic-control signs shall not exceed one square foot, except multi-purpose signs, which shall not exceed four square feet, subject to design review. 2. Height: no part of the sign shall extend above six feet from existing grade. 3. Number: subject to design review. 4. Location: location shall be 4. Location: location shall be subject to design review. A wall- subject to design review, with mounted sign shall be placed approval from the Town parallel to the exterior wall Engineer for any sign placed adjacent to the street or major adjacent to a public street or pedestrian-way which the way. building abuts and shall be subject to design review. 5. Design: subject to design review. 5. Design: subject to design review. 6. Lighting: indirect, subject to design review. 6. Lighting: not permitted. 7. Landscaping: subject to design 7. Special Provisions review. a. Temporary site development 8. Special provisions signs shall be removed within ten days after a temporary a. May be either freestanding or certificate of occupancy is wall-mounted, with same size issued. requirements. 11-7-8: TRAFFIC CONTROL SIGNS FOR PRIVATE PROPERTY b. No individual sign will be Description: A traffic control sign approved unless it conforms to shall be placed in order to relieve an overall sign program for the entire site, submitted by the applicant. c. No sign shall contain any advertising, but may identify the owner by name. 11-7-9: ENTERTAINMENT SIGNS Theatres and movie/media rental business will be allowed three (3) poster images in the front window at any one time. 11-7-10: GARAGE AND YARD SALE SIGNS Garage sale and yard sale signs temporarily erected on residential property are subject to the following: a. Garage and yard sale signs may be freestanding or wall signs. b. Quantity: There shall be a maximum of one (1) sign on the property where the sale is being conducted and one (1) directional sign off-site. c. The maximum sign area of any single sign shall not exceed one and one-half (1.5) square feet. d. The height of the sign shall not exceed five (5) feet from the grade at the base of the sign. e. The sign shall only be displayed during the period of time that the garage or yard sale is in progress. 11-7-11: OPEN HOUSE SIGNS Open house signs advertising an open house or a showing of the property upon which the sign is located will be subject to the following: a. The sign may be freestanding or a wall sign. b. Quantity: There shall be a maximum of one (1) sign on the property where the open house is being conducted and one (1) directional sign off-site. c. The maximum sign area of any single sign shall not exceed one and one- half (1.5) square feet. d. The height of the sign shall not exceed five feet (5) as measured from the grade at the base of the sign. e. The temporary sign shall be displayed only during the open house presentation or three (3) days, whichever period of time is shorter. 11-7-12: BALLOONS All balloons, regardless of their size, shall be subject to a special events permit. 11-7-13: VEHICULAR SIGNAGE Any vehicles displaying the name of the business associated with said vehicle must be used on a regular basis for service and delivery, or other vehicular needs related to that business activity. Vehicular signs may not be used for the sole purpose of advertising a business. 11-7-14: HOLIDAY DECORATIONS Holiday decorations must be removed once their condition has deteriorated such that they are no longer attractive. CHAPTER 8 SIGN PROGRAMS SECTION: 11-8-1: Sign Program Description 11-8-2: Criteria 11-8-3: Sign Program Review 11-8-1: DESCRIPTION: A sign program is a master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses a number of users and is therefore allowed multiple signs. The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color and placement of all signs pertaining to a particular development or building containing a business or g group of businesses. The sign program allows for the possibility of organized, innovative, and unique approaches to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi- family residential projects and for new or demolished/rebuilt c commercial projects. Sign programs may be required for review at the discretion of the Staff, for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects. Existing multi-tenant commercial buildings will be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in Chapter 4, Sign Application Procedures of this Title. CHAPTERS EXEMPT, PROHIBITED AND NON-CONFORMING SIGNAGE SECTION: 11-9-1: Exempt Signage 11-9-2: Prohibited Signage 11-9-3: Nonconforming Signage 11-9-1: EXEMPT SIGNAGE The following signs are exempt from the requirements of this code, but remain subject to the Design Standards and Guidelines listed in Section 11.5.1 and the maintenance requirements listed in Section 11.11.3 of this Title: Memorial signs or tablets; in one location on any business or premise and in conformity with Chapter 5, Business and Building Identification Signs. Each letter of an inscription may not exceed two inches (2") in height and the total engraved area may not occupy more than three (3) square feet of the surface of the building; 2. Notices posted by governmental officers in the performance of their official duties; 3. Government signs, including directional signs, to control traffic or for other regulatory purposes; 4. Works of "fine art", including murals, which do not advertise a product or business and which have been approved by the Town of Vail's Art in Public Places Board (AIPP); 5. Temporary decorations or displays when they are commonly associated with any national, local or religious holiday; 6. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; 7. Signage and decorations related and subject to a Special Event permit through the Town of Vail; and 8. Inscription of names (or dates) of buildings, when etched into masonry 9. Signs in the, I-70 right-of--way, which are regulated by the Colorado Department of Transportation (CDOT); 11-9-2: PROHIBITED SIGNAGE The following signs are prohibited within the Town of Vail: Animated signs that incorporate the use of movement through revolving, rotating, or otherwise moving parts; 2. Signs with the illusion of movement or changeable copy; 3. Signs (or the illumination thereof), which flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; 4. Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations; 5. Signs which incorporate projected images, emit any sound which is intended to attract attention, or .involve the use of live animals; 6. Any sign advertising a business or service having been vacated for ninety (90) days. This provision does not apply to permanent signs accessory to seasonal businesses provided there is clear intent to continue operation of the business; 7. Any sign or structure which is unsafe or constitutes a hazard to safety for .any reason; 8. Any gas-filled, illuminated or fiber optic sign that is visible from any part of any pedestrian or vehicle passageway or walkway; 9. Any sign or structure which obstructs ingress to or egress from a required exit way, which obstructs the view of vehicular traffic entering or exiting a public roadway or which creates an unsafe distraction for motor vehicle operators; 10. Any sign which could be confused with an official government sign (such as a traffic sign) but is not; and 11. Any off-premises sign that is not otherwise regulated by this Title; 12. All billboards. 11-9-3: NONCONFORMING SIGNAGE DEFINITION: Any sign erected prior to the enactment of this Title which does not conform to the provisions set forth herein (as determined by the administrative procedure listed below) or is located in newly annexed territory shall be designated as non-conforming. ADMINISTRATIVE PROCEDURE Within one year after the effective date of this Title or the effective date of the annexation to the Town of any area, the Staff shall compile a list of the existing non-conforming signs. The enforcement and appeals procedure regarding a non- conforming sign is listed in Chapter 11, Violations and Enforcement, of this Title. 3. CONTINUATION OF A NON- CONFORMING SIGN Any sign which has been determined to be non-conforming may continue in use and operation for two years from the physical deliverance of the written notice which deemed it as non-conforming, as listed in Chapter 11, Violations and Enforcement, of this Title. CHAPTER 10 VARIANCES 11-10-1: Variances 11-10-2: Appeal of a Variance 11-10-1: VARIANCES A. Purpose A variance from the Sign Regulations constitutes relief from the strict interpretation of the standards and may be granted by the Planning and Environmental Commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of Title 11. circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant .must demonstrate that the granting of the variance will be in general harmony with the purposes of this Title. 11-10-2: APPEAL OF A VARIANCE B. Application Procedure An application for a variance from the Sign Regulations may be obtained from the Community Development Department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the Town Council as set forth by town ordinances. The Staff shall set a date for a hearing before the Planning and Environmental Commission once the complete application has been received. C. Criteria for Approval 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, which would substantially restrict the effectiveness of the sign in question. However, such An appeal to the Town Council of a Planning and Environmental Commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (Section 12-3-3 of TITLE 12, ZONING REGULATIONS, Vail Town Code). CHAPTER 11 VIOLATIONS AND ENFORCEMENT SECTION: 11-11-1: Violations 11-11-2: Procedure and Enforcement 11-11-3: Sign Maintenance and Repair Enforcement 11-11-1: VIOLATIONS General Violations: Any sign that is deemed by the Administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this Title is in violation of this Title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the Administrator, is in violation of this Chapter and shall also be subject to the Procedure listed in Section 11.11.2 of this Title. 2. Sign Violations on Public Property It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right-of-way or on any property belonging to the Town of Vail without the express permission of the Town. The Administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or to warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of the Vail Town Code and be subject to the provisions of the Penalty, Lien, and Costs Sections (11.11.2, 4, 5) of this Title. 11-11-2: PROCEDURE AND ENFORCMENT Notice of Violation The Administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premise at which such violation has been committed or to any employee, contractor, or any other person, who commits, takes part in, or assists in any such violation. The written notice shall include the reason for violation, the time frame in which the sign in violation must come into compliance, the possible costs associated with the sign repair or removal and the procedure for compliance that applies to the sign in violation. In addition to physical delivery via the Administrator, the written notice will also be mailed via certified mail to the business or owner at the address noted on the business license for that business or premise. 2. Penalty The business, building or premise at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to a minimum fine of $75.00 for each calendar day, after written notice is received, that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this Title may not restrain imposition of these penalties. 3. Failure To Comply and Town Abatement If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this Title within the time frame specified in the notice, the Administrator shall cause a sign in violation of the provisions of this Title to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the Director of Finance of the Town of Vail 4. Costs The amount certified by the Director of Finance to the County Treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection, including any interest costs and costs related to the placement of the lien, plus fifteen percent (15%) of the sum of said costs, representing penalty. 5. Lien The Director of Finance shall notify the owner or person entitled to possession of the sign on the property where the violation occurred of the total costs incurred for the alteration or removal of the sign, and if that person fails within thirty (30) days after the date of notification to pay the entire costs and expenses of the repair, alteration or removal, then the expenses shall become a lien against the property, and the Director of Finance shall certify them to the County Treasurer for collection in the same manner as general property taxes are collected. 11-11-3: SIGN MAINTENANCE, REPAIR, AND ENFORCEMENT All signs in the Town shall be properly maintained (as defined in Section 11.2.1) at all times to the satisfaction of the Administrator or they will be repaired or removed (as defined in Section 11.2.1). by the Administrator. 2. The Administrator shall have the authority to order, through written notice, the repair or removal of a sign and accompanying landscaping when the said sign 1) has been found to constitute a violation of this Title, 2) is a hazard to the safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or 3) has been damaged beyond fifty percent of its total area and deemed poorly-maintained by the Administrator. The procedure for removal of a sign in violation is detailed in Section 11.11.2.3 of this Chapter. The Administrator's decision shall be subject to review by the Planning and Environmental Commission in accordance with the provisions of the Zoning Ordinance (Section 12.3.3.6 of this Code) and may be appealed by any "aggrieved or adversely affected person" (as defined in 12.3.3.6.2 of this Code). Attachment: D Business Sign Sizes in Sign District 1 (SD 1) Business Frontage Tofa/ Sign Area 0' -12.99' 10 sq. ft. 13' - 24.99' 12 sq. ft. 25' - 49.99' 14 sq. ft. 50' - 74.99' 16 sq. ft. 75' - 99.99' 18 sq. ft. 100' - 149.99' 22 sq. ft. 150' - 199.99' 30 sq. ft. 200' - 249.99' 40 sq. ft. 250' - 299.99' 50 sq. ft. 300' - 399.99' 60 sq. ft. 400+sq. ft. 70sq. ft. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 7, 2003 SUBJECT: Ordinance No. 6, Series of 2003, a request for text amendments to Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13- 4, Vail Town Code, to allow a Type II employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Bill Gibson DESCRIPTION OF THE REQUEST The Town of Vail is proposing amendments to Title 12, Zoning Regulations, Vail Town Code, to allow Type II employee housing units (EHU) as a permitted use and to eliminate Type II EHUs as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. I1. BACKGROUND At its March 24, 2003 public hearing, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval to the Town Council of the proposed text amendments. The Commission's recommendation was based upon the review of the criteria noted in Section VI of the March 24, 2003, staff memorandum and the evidence and testimony presented, with the findings noted in Section VII of the March 24, 2003, staff memorandum. On July 2, 2003, the Vail Town Council voted 5-2 (Donovan and Jewitt opposed) to approve Ordinance No. 6, Series of 2003, on first reading without modifications. On July 15, 2003, the Vail Town Council tabled the second reading of Ordinance No. 6, Series of 2003, to allow staff to further examine the Town's enforcement policies related to employee housing unit deed restrictions. 111. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve Ordinance No. 6, Series of 2003, on second reading to amend Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow Type !I employee housing unit as a permitted use and to eliminate a Type II employee housing unit as conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regards 1 thereto. Staffs recommendation is based upon the review of the criteria noted in Section V of the March 24, 2003, staff memorandum and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 6, Series of 2003, on second reading, the Community Development Department recommends the Town Council make the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 6, Series 2003 2 Attachment: A ORDINANCE N0.6 Series of 2003 AN ORDINANCE AMENDING SECTIONS 12-6B-2,12-6B-3,12-6C-2,12-6C-3,12-6D-2,12-6D-3, 12-13-4, VAIL TOWN CODE, TO ALLOW A TYPE II EMPLOYEE HOUSING UNIT AS A PERMITTED USE AND TO ELIMINATE A TYPE II EMPLOYEE HOUSING UNIT AS A CONDITIONAL USE IN THE SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), AND TWO-FAMILY PRIMARY/SECONDARY :RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its March 24, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Ordinance No. 6, Series of 2003 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, and 12-6D-3 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in etr-il~e-t#reugla/additions are shown bold) 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type ll employee housing unit as set forth in chapter 13 of this title. 12-6B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. Home child daycare facility as further regulated bysection 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district.' Single-family residential dwellings. Two-family residential dwellings. Type I employee housing unit as set forth in chapter 13 of this title. Ordinance No. 6, Series of 2003 2 Type ll employee housing units as sef forth in chapter 73 of this title. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-6D-2: PERMITTED USES: The following uses shall be permitted.' Single-family residential dwellings. Two-family residential dwellings. Type I employee housing unit as provided in chapter 13 of this title. Type ll employee housing unit as sef forth in chapter 73 of this title. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by Section 12-14-18 of this title. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Ordinance No. 6, Series of 2003 3 Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 2. Sections 12-13-4 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#f+lce~+~/additions are shown bold) Ordinance No. 6, Series of 2003 4 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional Additional Site Garage Parking Minimum/ Density ~ permitted by Transferenc GRFA' Coverage Credit/Storage Maximum right or by e /Reduced Requirement GRFA of an conditional use Landscape Area EHU Type Permitted Use: The EHU The EHU is n/a Allowed 300 Per Chapter 12- 300 sq. ft. Allowed ll Single-Family shall not be entitled to an sq. ft. of 10 as a dwelling minimum. as third Residential, sold or additional additional unit. 1,200 sq. ft. unit on Two-Family transferred 500 sq. ft. garage area maximum. property. Residential, separately GRFA credit. for the EHU. Does not Primary/Secon from the unit count as dary it is All units not density. Residential associated constructed with. with a garage Conditional Use: shall be required a p~~~l; minimum 75 lily sq. fi: of ~~~ storage area P~mar ~~d in addition to y normal closet Agriculture & space. This 75 Open Space sq. ft. shall be a credit for storage only. Ordinance No. 6, Series of 2003 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is .necessary and proper for the health, safety and welfare of the Town of Vail and the ' inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that ~ i 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. i 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 j not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 6, Series of 2003 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2003, and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, 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 7th day of October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2003 7 MEMORANDUM TO: Town Council FROM: Department of Community Development DATE: October 7, 2003 SUBJECT: A request for a major amendment to Special Development District No. 36, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-use hotel; and a request for a proposed rezoning of Lot 9A, Vail Village 2"d Filing from Heavy Service (HS) district to Public Accommodation (PA) district, located at 28 S. Frontage Road and 13 Vail Road/Lots 9A& 9C, Vail Village 2"d Filing. Applicant: Nicollet Island Development Company Inc. Planner: RussForrest & George Ruther SUMMARY OF CHANGES FROM FIRST READINGS Ordinances No. 9 and No.10, Series of 2003, were approved on first reading by the Town Council on May 6, 2003. Second readings of the ordinances were tabled numerous times to allow for the applicant and staff to resolve some of the conditions of first reading. The following summarizes the changes that have been made to Ordinances No. 9 and No. 10, Series of 2003, since first reading: Ordinance No. 9. Series of 2003: ^ Condition 2 has been amended to reflect the completion of the Memorandum of Understanding, dated September 16, 2003, outlining the responsibilities and requirements of the required off-site improvements. The Memorandum of Understanding has been attached to Ordinance No. 9, Series of 2003. Section 4 has been modified to state "the required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Parking Easement Agreement? ^ Condition 6 has been stricken, which required revisions to the architectural plans of the building at the corner adjacent to the Alphorn. The applicant has made these revisions. ^ Condition 7 has been stricken to reflect the approval of the variance to allow for the relocation of four parking spaces for 9 Vail Road. • Condition 25 from 1St reading was removed at the Town Council's direction which stated "That the Developer shall coordinate with the Town to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Town of Vail for review and approval by the Town and the Design Review Board prior to submittal of a building permit." ^ Condition 26 has been added to reflect the Council's condition of approval on first reading, which states "that the developer shall commit no act or omission in any way to cause the current operation of the Chateau to cease until such time as a demolition permit is issued by the Department of Community Development." Condition 27 has been added which states "that Ordinance No. 9, Series of 2003, shall not take effect until January 1, 2004." This condition was requested by the developer to ensure that the existing approvals for the site would not expire until the developer has taken ownership of the property. Condition 24 has not been changed since 1St reading and still requires the developer to "begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36..." Ordinance No. 10, Series of 2003 The condition of approval for when the rezoning was to take effect was modified from, "such date that a demolition and/or building permit is issued forthe demolition of the existing structure on the site of Lot 9A, Vail Village 2nd Filing, for preparation for the construction of Special Development District No. 36, Four Seasons Resort," to "That the rezoning of Lot 9A, Vail Village 2"d Filing shall take effect on January 1, 2004. " II. SUMMARY OF REQUESTS The Four Seasons Resort is a mixed-use development proposal, located at 28 South Frontage Road and 13 Vail Road /Lots 9A and 9C, Vail Village 2"d Filing. The proposal is for the redevelopment of the existing Chateau of Vail and the Vail Amoco sites. Uses within the development include residential, hotel, commercial and recreation. The key components of the Four Seasons Resort development proposal are provided below: ^ 47,592 sq. ft. -fractional fee club units (22 units) ^ 53,421 sq. ft. -condominiums (18 units) ^ 76,978 sq. ft. -accommodation units (118 keys) ^ 10,202 sq. ft. -employee housing units (34 units) ^ 7,695 sq. ft. - restaurant/retail ^ 11,726 sq. ft. -conference/meeting rooms ^ 14,416 sq. ft. -spa/health club Major Amendment to Special Development District No. 36 The Four Seasons Resort is requesting a major amendment to Special Development District No. 36. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, a Special Development District allows for deviations from the development standards as regulated by the underlying zoning, provided it is determined that such deviations provide benefits to the Town that outweigh the adverse effects of such deviations. It does not allow for deviations from the permitted or conditional uses of the underlying zoning. The Four Seasons Resort proposal contains the following deviations from the underlying Public Accommodation zone district: Height - as recommended, the maximum height of the building is 89 feet, which. is 41 ft. higher than the 48 ft. allowed under the Public Accommodation zone district regulations. The primary roof ridge (which runs parallel to South Frontage Road) is proposed to have a maximum height of 77.5 ft. Site Coverage (below grade) - as recommended, the site coverage below grade exceeds the maximum allowable by the Public Accommodation zone district. The Public Accommodation zone district allows 65% site coverage (77,199 sq. ft.) As recommended, the applicant is proposing below grade site coverage of 71 % (84,402 sq. ft.) and above-grade site coverage of 58% (69,346 sq. ft.). Staff has attached the Four Seasons Resort Zoning Analysis, dated April 28, 2003, for reference. The analysis compares the development standards outlined by the underlying zoning of Public Accommodation to the Vail Plaza Hotel West proposal from 2001, to the proposal for the Four Seasons Resort. Rezoning Request Section 12-3-7, Amendment, Vail Town Code, regulates the process for zone district boundary amendments. The proposal for the Four Seasons Resort includes a rezoning of Lot 9A, Vail Village 2"d Filing from Heavy Service zone district to Public Accommodation zone district and inclusion in Special Development District No. 36, as recommended by the Planning and Environmental Commission. The zoning map amendment is included in Exhibit A of Ordinance No. 10, Series of 2003. III. BACKGROUND OF DEVELOPMENT REVIEW PROCESS On April 28, 2003, the Planning and Environmental Commission voted 4-0-1 (Hartman recused) to recommend approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the rezoning request of Lot 9A, Vail Village 2"d Filing to Public Accommodation zone district to Heavy Service zone district. The Planning and .Environmental Commission also voted 4-0-1 (Hartman recused) to approve the conditional use permits to allow fora 22 unit fractional fee club and 34 Type III Employee Housing Units. The conditional use permit approval is conditioned upon approval of second reading of Ordinance No. 9, Series of 2003. The Planning and Environmental Commission's recommendation of approval included the conditions as outlined in Section 5 of Ordinance No. 9, Series of 2003. Each of the conditions istime-sensitive and, in addition, to the conditions of approval, the Planning and Environmental Commission recommended approval of the following off-site improvements, as indicated on Sheet A-12.0.1 Off-site Improvements Plan, and as referenced in Section 4 of Ordinance No. 10, Series of 2003: • Widening of the south side of the South Frontage Road and installation of a left turn lane to the Four Seasons Resort and the Vail Police Station, with final design to be approved by the Town of Vail and Colorado Department of Transportation. • Installation of landscaped medians on South Frontage Road from the roundabout to the western lot line of the Scorpio. • Installation of a detached 6 ft. wide heated paver sidewalk adjacent to South Frontage Road and the Four Seasons Resort frontage. • Installation of an attached 6 ft. wide heated sidewalk and all related necessary improvements (i.e. retaining wall, railing, curb and gutter) adjacent to South Frontage Road, along the Scorpio frontage. • Relocation of the fire hydrant adjacent to South Frontage Road. • Relocation of Spraddle Creek piping and installation of new box culverts. • Installation of heated paver sidewalk on Vail Road along Four Seasons Resort frontage. • Installation of heated paver sidewalk from the west side of Mayors Park to the west property line of the Four Seasons Resort frontage on West Meadow Drive, in accordance with the Town of Vail Streetscape Master Plan. • Installation of decorative lighting adjacent to public walkways along Four Seasons Resort frontage, with final design and location to be approved by the Town of Vail staff and Design Review Board. • Overlay of South Frontage Road from the western end of the Scorpio to the roundabout. • Road improvements to the north half of West Meadow Drive adjacent to the Four Seasons Resort frontage, including curb, gutter, asphalt reconstruction, and drainage improvements. Final design to be approved by the Town of Vail. • Road improvements to Vail Road from the roundabout to the driveway of 9 Vail Road, including curb, gutter, asphalt, and drainage improvements. The Staff Memorandum to the Planning and Environmental Commission, dated April 28, 2003, is available at the Community Development Department upon request. The Design Review Board has reviewed the Four Seasons Resort development proposal on three previous occasions. The Design Review Board has stated their conceptual support of the design of the Four Seasons Resort and will continue to review the architectural details of the project as outlined in the conditions of Ordinance No. 9, Series of 2003. IV. MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 36 Article 12-9A, Special Development District, Vail Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is as follows: To encourage flexibility and creativity in the development ofland, in orderto 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 nafural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone districf, shall establish the requirements for guiding development and uses of property included in the Special Development District. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the proposed 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. Reductions of the plans have been attached for reference. On April 28,.2003, the Planning and Environmental Commission found the Four Seasons Resort development proposal to be in compliance with the following criteria: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. D. Conformity with the applicable elements of the Vaii Comprehensive Plan, Town policies and Urban Design Plan.. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 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. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. V. REZONING REQUEST Section 12-3-7, Amendment, Vail Town Code, provides the process for a zone district boundary amendment. The proposed project includes a request for a rezoning of 28 South Frontage Road /Lot 9A, Vail Village 2"d Filing. The lot is currently zoned Heavy Service zone district, the purpose of which is provided in Section 12-7G-1, Purpose, Vail Town Code, and is as follows: The Heavy Service District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted .and their operating characteristics, appearance and potential forgenerating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the District in order to protect adjoining uses from adverse influences. As noted in the purpose statement, the Heavy Service zone district is intended for automotive-oriented uses, including gas and service stations. The applicant is requesting a rezoning from Heavy Service to Public Accommodation. The purpose of the Public Accommodation zone district, as provided in Section 12-7A-1, Purpose, Vail Town Code, is as follows: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and otheramenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. The applicant is proposing to include Lot 9A as part of the development site of the Four Seasons Resort. In addition to the rezoning, Lot 9A will be included in the Special Development District designation. Section 12-3-7, Amendment, Vail Town Code, provides the review criteria for a zone district boundary amendment. It provides the following criteria for review of a zone district boundary amendment: A. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 5. The extent to which the zone district amendment results in adverse or beneficial. impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. B. Necessary Findings: Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve Ordinance No. 9, Series of 2003, and Ordinance No. 10, Series of 2003, on second reading, for the proposed major amendment to Special Development District No. 36, to allow for a mixed-use hotel, located at 28 South Frontage Road and 13 Vail Road /Lots 9A and 9C, Vail Village 2"d Filing; and a rezoning from Heavy Service zone district to Public Accommodation zone district located at 13 Vail Road /Lot 9A, Vail Village 2"d Filing. s Four Seasons Resort Zoning Analysis April 28, 2003 Development Standard Allowed/Req by PA zone district 2001 SDD#36 Approval* Proposed Lot Area: 10,000 sq. ft. 101,140 sq. ft. 118,768 sq. ft. GRFA: 178,152 sq. ft. (up to 150%) 151,710 sq. ft. 177,991 sq. ft. AU/FFU 124,706 sq. ft. (70%) 106,215 sq. ft. (70%) 124,570 sq. ft. (70%) DU 53,445 sq. ft. (30%) 45,381 sq. ft. (30%) 53,421 sq. ft. (30%) Retail/Rest. 17,815 sq. ft. (10%) 2,835 sq. ft. (2%) 14,557 sq. ft.(8%) Density (du/acre): 25 du/acre 6.47 du/acre 7.3 du/acre AU .unlimited 116 118 FFU unlimited 40 22 DU 68 15 18 EHU unlimited 14 34 Site Coverage: Below Grade Setbacks (above grade): Frontage Rd. Vail Rd. West side East side Meadow Dr. Setbacks (below grade): Frontage Rd. Vail Rd. West side East side Meadow Dr. Building Height: Landscaping: Parking: Loading: 77,199 sq. ft. (65%) 76,821 sq. ft. (76%) 84,402 sq. ft. (71 %) 20 ft. 5 ft. 20 ft. 20 ft. 7.5 ft. 20 ft. 20 ft. 22.5 ft. 20 ft. 20 ft. 7.5 ft. 18 ft. 20 ft. 20 ft. 20 `ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 48 ft. 35,630 sq. ft. (30%) 198 spaces + spa 3 berths 5 ft. 7.5 ft. 21.25 ft. 2.5 ft. 20 ft. 53 ft. 31,151 sq. ft. (30.8%) 228 spaces 3 berths 0 ft. 0 ft. 0 ft. 0 ft. 20 ft. 89 ft. 39,687 sq. ft. (33%) 215 3 berths *The 2001 Special Development District No. 36 did not include the Vail Amoco site. ORDINANCE NO. 9 SERIES OF 2003 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 14, SERIES OF 2001, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Nicollet Island Development Company, Inc., has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 36, Four Seasons Resort, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and 1 WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Plan for Special Development District No. 36, Four Seasons Resort. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 9, Series of 2003, is to adopt an Approved Development Plan for Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 36 The Special Development District is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, 2 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. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards -Special Development District No. 36, Four Seasons Resort Development Plan - The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials prepared by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated April 28, 2003, and stamped approved by the Town of Vail, dated May 6, 2003.: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shallow Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140',142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') 3 I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 . Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations -Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations -Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulation bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations 4 Permitted Uses-- The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses-- The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units per Acre -Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units -- The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units -18 Accommodation Units -118 Fractional Fee Club Units - 22 Type III Employee Housing Units - 34 Density-- F/oorArea -- The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA.-177,991 square feet Retail -2,402 square feet 5 Restaurant/Lounge -12,155 square feet '! ^` i., Conference Facilities -11,726 square feet ~i . Health Club and Spa -14,416 square feet Setbacks-- Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height-- The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage-- The maximum allowable site coverage for Special Development District No. 36, -Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (69,346 square feet above grade or 58%; and 84,402 square feet below grade or 71 %) Landscaping-- The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (39,687 square feet or 33%). Parking and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 spaces required, 215 spaces provided). In no instance shall Vail -Road, West Meadow Drive or the South Frontage Road be 6 used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a 9 Vail Road Condominiums for parking pursuant to the terms of a recorded Parking Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort 1. That the developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 68 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 9, Series of 2003. This fulfills approval agreement number 2 of first reading of Ordinance No. 9, Series of 2003. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the 7 Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property, unless a later change in ownership is approved by the Town of Vail as per the Town Code. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from those adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the hotel, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable access, roadway, and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) _ 40 net peak trips @ $5000 = $200,000. This fee will be offset by the cost of non- adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, stormwater discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match 9 and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?(Typo) k. Railings shall be provided for paths where necessary I. Show edge of existing pavement for Frontage road. on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval 10 of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the Developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. Section 6. Effective Date of the Ordinance Ordinance No. 9, Series of 2003, shall take effect on January 1, 2004. Section 7. 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 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise 11 any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2003, and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, 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 7th day of October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk 12 EXHIBIT A TOWN OF VAIL MEMORANDUM OF UNDERSTANDING s Memorandum of Understanding is made and entered into on the 16th day of 2003 by and between NICOLLET ISLAND DEVELOPMENT CO., a Minnesota i and the TOWN OF VAIL a Municipal corporation, situated in the County of of Colorado IEREAS, Nicollet Island Development Co. is planning the development and n of a mixed use project consisting primarily of a five star hotel, a fractional fee club, zrns, retail, employee housing units and related facilities at 28 South Frontage Road ail Road, Vail Colorado (Lots 9A and 9C, Vail Village 2nd Filing) currently and known as the Chateau at Vail hotel and the Alpine Standard/Amoco gasoline station; IEREAS, in connection with its proposed mixed use development Nicollet Island ;nt Co. is requesting from the Town of Vail certain entitlements pursuant to its s for a major amendment to Special Development District No. 36, a conditional use Type III Employee Housing Units, a conditional use permit for a Fractional Fee Club ling of Lot 9A, Vail Village 2nd Filing; IEREAS, in connection with the applications and requested entitlements, Nicollet ~elopment Co. is required by the Town of Vail to make certain off-site/public ,nts (as specifically set forth in detail below) along South Frontage Road and West rive consistent with the Town of Vail Streetscape Master Plan, as amended; IEREAS, as a condition to the second reading of Ordinance No. 9, Series of 2003, the required to enter into this Memorandum of Understanding setting forth the responsibilities, obligations and requirements of the parties in connection with said off- site/public improvements to be performed by Nicollet Island Development Co.; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: I. DEFINITIONS 1. When used in this Memorandum of Understanding, the following terms shall have the following meanings unless otherwise specifically defined. The singular shall include the plural and the masculine gender shall include the feminine and the neuter unless otherwise required by the context. "Improvements" shall mean those off-site/public improvements as specifically defined in Section III below. "MOU" shall mean this Memorandum of Understanding agreement and all exhibits annexed hereto. "Nicollet" shall mean Nicollet Island Development Co., a Minnesota corporation, whose address is 600 Foshay Tower, 821 Marquette Avenue South, Minneapolis, Minnesota 55402; Attention: Thomas J, Brink "Parties" shall mean both Nicollet and Town of Vail. "Project" shall mean the mixed use project being planned by Nicollet and consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities to be located at the Property, which mixed use project is the subject of Ordinance Nos. 9 and 10, Series 2003. 2 "Property" shall mean those properties commonly known as the Alpine Standard/Amoco gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13 Vail Road, Vail Colorado -Lots 9A and 9C, Vail Village 2nd Filing. "Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, Vail Colorado 81657; Attention: II. PURPOSE 2. The express purpose of this MOU is to establish the mutual responsibilities, obligations and requirements of the Parties hereto regarding the Improvements to be performed by Nicollet in connection with Nicollet's entitlements and Project. These Improvements are required to be made by Nicollet based upon the design and functionality of the Project or as specifically required by the Town of Vail in connection with Nicollet's entitlements. III. NICOLLET'S OBLIGATIONS 3. Nicollet shall be responsible, at its sole cost and expense, except as specifically provided herein, to complete and perform the following (collectively, the "Improvements") in connection with the Project: (a) South Frontage Road. Nicollet shall perform the following improvements along the South Frontage Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii) install medians in South Frontage Road from the main roundabout to the western lot line of the Scorpio Condominium property; (iii) provide all landscaping and lighting within the 3 proposed South Frontage Road median to be constructed by Nicollet; (iv) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus stop adjacent to the Weststar Bank east along the Scorpio Condominium property and the Property to Vail Road including all lighting retaining walls, railings, utility relocation, curb and, gutter, drainage and landscaping as necessary; (v) relocate the fire hydrant adjacent to South Frontage Road; and (vi) pavement overlay from the centerline of South Frontage Road to the property line of the Property from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and coordination of the CDOT overlay project that will be at CDOT's sole cost and expense). (b) Vail Road. Nicollet shall perform the following improvements along the Vail Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to Vail Road from the South Frontage Road south. along the Property to 9 Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road. (c) West Meadow D~•ive. Nicollet shall perform the following improvements along West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver 4 sidewalk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Property to the western most property line of the Property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all design improvements along West Meadow Drive from the centerline of the right-of--way to the property line of the Property and the 9 Vail Road property from the western most side of Mayors' park west to the western most property line of the Property (specifically including any drainage and grade tie-ins necessary beyond the western most property line of the Property), including all drainage, lighting, art, Streetscape enhancements, utility relocation, edge treatments, curb and gutter and landscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive. (d) Pedestrian Walkway. Nicollet shall perform the following improvements along the western property line of the Property from the South Frontage Road to West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) design and install an attached heated pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage Road south to West Meadow Drive, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e) Spraddle Creek. Nicollet shall perform the following improvements in connection with Spraddle Creek, using new and first class materials, as approved by the Town of 5 Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) relocate the Spraddle creek piping and install new box culverts, as necessary. IV. EASEMENTS 4. Nicollet shall be responsible, at its sole cost and expense, to prepare and submit all applicable roadway, drainage, and pedestrian easements for dedication in connection with the Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property. V. TOWN OF VAIL'S OBLIGATIONS 5. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, snow removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town o~ Vail shall have no obligation to heat or repair the heat for the sidewalks) and Nicollet shall have no continuing or further obligations or responsibilities in connection therewith. VI. FINANCIAL GUARANTEE REQUIREMENTS 6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Nicollet and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Nicollet. The 6 Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUS PROVISIONS 7.1 Amendments. This MOU and all documents and instruments executed in connection herewith may be amended, modified or supplemented only by a written instrument, executed by the party against which enforcement thereof maybe sought. 7.2 Bindin Effect. This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Nicollet agrees to make any transfer of any interest in the Property subject to the obligations contained in this MOU. 7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the laws of the State of Colorado. 7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7.5 Countemarts. This Agreement may be executed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same 7 agreement. Signature and acknowledgment pages may be detached and reattached to physically form one document. 7.6 Attorneys' Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions. Every provision of this MOU is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions -shall remain binding and enforceable. 7.8 Entire Agreement. This MOU and the documents referenced herein set forth all the covenants, promises, agreements, conditions and understandings among the Parties concerning the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as are herein set forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MOU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall be used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Nicollet hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: 8 If to the Town of Vail: Town of Vail c/o 75 South Frontage Road Vail, Colorado 81657 If to Nicollet: Nicollet Island Development Co. c/o Thomas J. Brink 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 7.10 No Third Party Beneficiary. This MOU and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 Indemnification. Nicollet agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents, officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU. 7.12 Termination. So long as the Town of Vail approval for the Special Development District No. 36 -Four Seasons Resort remains valid and has not terminated by passage of tune or otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent of the Parties hereto. 9 WI3EREFORE, the Parties hereto have. executed this MOU as of the date first set forth above. NICOLLET ISLAND DEVELOPMENT CO. By: Thomas J. Brink Its: Vice President & General Counsel TOWN OF VAIL By: _ Its: STATE OF MINNESOTA ) ss ACKNOWLEDGMENT BY NICOLLET COUNTY OF HENNEPIN ) This instrument was acknowledged on the day of , 2003, before me a notary within and for said County by Thomas J. Brink, the Vice President and General Counsel of Nicollet Island Development Co., a Minnesota corporation, on behalf of the corporation. Notary Public 10 STATE OF COLORADO ) } ss ACKNOWLEDGMENT BY TOWN OF VAIL COUNTY OF EAGLE ) On the _day of , 2003, before me a notary public within and for said County, personally appeared to me personally known and by me duly sworn, the of the Town of Vail, a municipality '. named in the foregoing instrument and that the seal affixed to said instrument was signed and ' sealed on behalf of said municipality by authority of its acknowledged said instrument to be the free act and deed of said municipality. I Notary Public 11 ORDINANCE NO. 10 Series of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 9A, VAIL VILLAGE 2ND FILING, FROM THE HEAVY SERVICE ZONE DISTRICT TO THE PUBLIC ACCOMMODATION ZONE DISTRICT. WHEREAS, the Town Council finds the amendment is consistent with the adopted goals, objectives and policies outlined in :the Vail Comprehensive Plan and compatible with the development objectives of the Town; and WHERAS, the Town Council finds the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town Council finds the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Town Council finds that the rezoning is necessary to facilitate the approval of Ordinance No. 9, Series of 2003, amending Special Development District No. 36, Four Seasons Resort; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has reviewed this zoning map amendment in accordance with the approved criteria and findings for a rezoning as established by Section 12-3-7, Vail Town Code, and has forwarded a recommendation of approval at the April 28, 2003, Planning and Environmental Commission hearing; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 2003 Section 1. Zoning Map Amendment The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 9A, Vail Village 2nd Filing shall be rezoned to Public Accommodation zone district from Heavy Service zone district; as shown on Exhibit A (attached). Section 2. Effective Date of the Ordinance Ordinance No. 10, Series of 2003, shall take effect on January 1, 2004, and upon the adoption of Ordinance No. 9, Series of 2003. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance Ordinance No. 10, Series of 2003 previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2003 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, 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 7th day of October, 2003. Ludwig Kurz, Mayor Ordinance No. 10, Series of 2003 Attest: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2003 DCIT 178 (~ ..,._, VAIL VILLAGE p ,« [] ..;.:;` ® k ~;, p'~ ?R5!'ATE 70 ~ ""' Q w~ < CJ ~-- ' Proposed RezonlrTg to ' ~.a "Public Accommodation" 1~ 11 i~ ~~ ~ N I uKNOT 10 SCau T,a_ .. ~ WB M_ s. i ~ ~ ~ r; .::". ~ ~. GNAPEI~' Ordinance No. 10, Series of 2003 ORDINANCE NO. 20 Series of 2003 AN ORDINANCE AMENDING SECTIONS 12-61-9B., HOUSING (H) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7B-18B., COMMERICAL CORE 1 (CC1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7C-14B., COMMERCIAL CORE 2 (CC2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7D-11B., COMMERCIAL CORE 3 (CC3) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7E-13B., COMMERCIAL SERVICE CENTER (CSC) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7H-17B., LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY AND; 12-71-17B., LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY, 12-8E-5B., SKI BASE RECREATION-2 (SBR-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS, VAIL TOWN CODE TO ALLOW FOR A TEXT AMENDMENT TO REGULATE THE OUTDOOR DISPLAY OF MERCHANDISE IN CERTAIN ZONE DISTRICTS IN THE TOWN OF VAIL TO AN EIGHT MONTH PERIOD OF APRIL 1 TO DECEMBER 1, ANNUALLY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on August 11, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of denial to the Town Council of the Town of Vail; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and Ordinance No. 20, Series 2003 ~ welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-61-9B., HOUSING (H) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS; 12-7B-18B., COMMERICAL CORE 1 (CC1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12-7C-14B., COMMERCIAL CORE 2 (CC2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY; 12- 7D-11B., 12-7H-17B., LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY AND; 12-71-17B., LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAY of the Vail Town Code shall hereby be amended as follows: (deletions are shown in c+riLe +hrn~ ~.vh' additions are shown in bold) Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments may occur from April 1St through December 1St, annually, and is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. The outdoor display of goods in the public right-of-way is prohibited unless specifically permitted by the Town of Vail. Section 2. Sections 12-7D-11 B., COMMERCIAL CORE 3 (CC3) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS AND; 12-7E-13B., COMMERCIAL SERVICE CENTER (CSC) DISTRICT, LOCATION OF BUSINESS ACTIVITY, OUTDOOR DISPLAYS of the Vail Town Code shall hereby be amended as follows: (deletions are shown in c+riLe +hr,,,,,,~~ additions are shown in bold) Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. Section 3. 1f 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 Ordinance No. 20, Series 2003 2 remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this .ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or .proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 23rd day of September, 2003 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 20, Series 2003 3 Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2003 4 Attachment: A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 11, 2003 SUBJECT: A request for a recommendation to the Vail Town Council to allow for a text amendment to Sections 12-61-9B, 12-7B-18B, 12-7C-14B, 12-7D- 11 B, 12-7E-13B, 12-7H-17B, 12-71-17B, and setting forth details in regard thereto. Applicant: The Town of Vail Planner: Matt Gennett I. .SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council, to allow for a text amendment to Sections 12-61-9B., Housing (H) District, Location of Business Activity, Outdoor Displays; 12-7B-18B., Commercial Core 1 (CC1) District, Location of Business Activity, Outdoor Displays; 12-7C-14B., Commercial Core 2 (CC2) District, Location of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3) District, Location of Business Activity, Outdoor Displays; 12-7E-13B., Commercial Service Center (CSC) District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lionshead Mixed Use 1 (LMU-1) District, Location of Business Activity, Outdoor Displays and; 12-71-17B., Lionshead Mixed Use 2 (LMU-2) District, Location of Business Activity, Outdoor Displays, Vail Town Code, to allow for the outdoor display of goods in certain zone districts during a specified period of time, and forward a recommendation of approval to the Town Council of the requested text amendments, subject to the findings noted in Section IX of this memorandum. The impetus behind this request stems from a collective, public observation that the overabundant use of outdoor display racks has become an aesthetic issue in town and must be curtailed and further restricted to a limited timeframe on an annual basis. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting to amend Title 12 of the Vail Town Code. Amendments to the Vail Town Code are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Vail Town Code. The proposed amendment is a text amendment to Sections 12-61-9B., Housing (H) District, Location of Business Activity, Outdoor Displays; 12-76-18B., Commercial Core 1 (CC1) District, Location of Business Activity, Outdoor Displays; 12-7C-14B., Commercial Core 2 (CC2) District, Location of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3) District, Location of Business Activity, Outdoor Displays; 12-7E-13B., Commercial Service Center (CSC) District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lionshead Mixed Use 1 (LMU-1) District, Location of Business Activity, Outdoor Displays and; 12-71-17B., Lionshead Mixed Use 2 (LMU-2) District, Location of Business Activity, Outdoor Displays, Vail Town Code, to add language as follows: (Additions shown in bold; all the aforementioned sections are identical) For All Zone Districts Except Commercial Core 3 (CC3) and Commercial Service Center (CSC): Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments may occur from April 1St through December 1St, annually, and is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. The outdoor display of goods in the public right-of-way is prohibited unless specifically permitted by the Town of Vail. For Commercial Core 3 (CC3) and Commercial Service Center (CSC): Outdoor Display of Goods: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own private property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. The outdoor display of goods in front of establishments is subject to the requirements of sale signage set forth in Title 11, Sign Regulations. III. BACKGROUND In November, 1994, the Vail Town Council suggested the creation of an ordinance limiting the outdoor display of goods to a specified number of holiday weekends and special events. The suggestion was made after Council members expressed concern about continued use of cardboard boxes, handmade signs and other unsightly display techniques. On December 19, 1994, the Council's suggestion for display limitation was considered by the Planning and Environmental Commission (PEC). By a vote of 5 to 1, the PEC opposed the suggestion for limited display days and instead recommended adoption of display guidelines to be used year-round. On January 17, 1995, the Town Council requested that a community meeting be held to discuss the issue. 2 On February 14, 1995, a community meeting was held at which merchants and residents determined that limitations on outdoor displays, as proposed, were not necessary. IV. On June 13, 1995, council determined that outdoor displays should be administered by the merchants in a "self-regulating" matter. The Town Council has recently requested that the Community Development Department look into a plausible method of regulating outdoor displays on an appropriate timeframe basis. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval/approval with conditionsldenial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject. regulation and how the existing regulation is no longer appropriate or is inapplicable; and; 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval/approval with conditions/denial of a text amendment. 3 The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff: The staff is responsible for ensuring that all submittal requirements are provided and .plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (Title 12. Vail Town Code Town of Vail Streetscaoe Master Plan The plan discusses the existing conditions of pedestrian walkways in the Village and Lionshead in regard to elements such as circulation efficiency and site amenities, like landscaping and the placement of wooden benches. The measures called for in this document speak to enhancing the pedestrian experience in terms of both visual appeal and ease of movement through the streets, especially during ski season when people are generally moving to and from the parking structures and ski lifts. The proposed text amendment will work toward furthering these objectives. Lionshead Redevelopment Master Plan The Lionshead plan recommends actions concerning the pedestrian environment and ways to enhance its efficiency as an activity generator, without impeding the flow of pedestrian traffic and movement. Recommendations for improving the 4 pedestrian environment include incorporating sidewalks into the redevelopment so that people are brought closer to the retail entities and window fronts. The outdoor display of goods during peak ski season would serve as an impediment to the aesthetic and functional objectives of this document. Vail Village Master Plan Goal # 3 of the Vail Village Master Plan recognizes, as a top priority, the enhancement of the walking experience throughout the Village. The proposed text amendment furthers the achievement of this goal. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration fora request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the genera! and specific purposes of the Zoning Regulations; and 12-1-2A, Purpose/General, states the following: General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Staff has determined that the proposed text amendment will further "promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality." 12-1-2B.8, Purpose/Specific, states the following: To safeguard and enhance the appearance of the Town. Staff is of the opinion that the proposed text amendment will work toward further safeguarding and enhancing the appearance of the Town of Vail. Staff believes that a text amendment limiting the use of outdoor display racks to an off-peak period of the year will be beneficial to the residents and merchants of the Town of Vail alike. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5 Section 4.3, Chapter II of the Town of Vail Land Use Plan states: The ambiance of the 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.) Staff believes that by limiting the use of outdoor displays to the off-peak part of the calendar year, the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan will be better achieved. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Since the inception of the subject regulation, retail business activities have intensified in the Village core and Lionshead to an extent that now requires further, more specific regulation. The existing regulation is still appropriate, applicable and relevant however, the degree to which conditions have changed warrant a restriction on the time of year outdoor displays may be used. It has been widely observed and commented upon, by the public and town officials alike, that the character of Vail has suffered in recent years due to the preponderance of outdoor display racks creating a negative image for tourists and residents. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed text amendment is intended to work in harmony with the new draft Sign Regulations. Part of the proposed text amendments to the Sign Regulations will restrict the frequency and duration of outdoor sales events to twice yearly, only during the allowable period for outdoor displays, and not to exceed thirty days for each sales event. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 6 3. That the amendment promotes the health, safety, morals, and genera! welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the proposed text amendment to Sections 12-61-9B, 12-7B- 18B, 12-7C-14B, 12-7D-11 B, 12-7E-13B, 12-7H-176, and 12-71-17B, Vail Town Code. The proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 1. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 2. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 7 ORDINANCE NO 22 Series of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 1 KATSOS RANCH MINOR SUBDIVISON, A PART OF SECTION 2 AND 3, TOWNSHIP 5 SOUTH RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN FROM THE NATURAL AREA PRESERVATION (NAP) DISTRICT TO THE OUTDOOR RECREATION (OR) DISTRICT WHEREAS, the Town Council finds that the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and WHERAS, the Town Council finds that the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, on September 8, 2003., the Planning and Environmental Commission of the Town of Vail recommended approval of this zoning map amendment as stated in the title of this ordinance in accordance with the approved criteria and findings for a rezoning as per Section 12-3-7 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 22 ,Series of 2003 VAIL, COLORADO, THAT: follows: Section 1. The Official Zoning Map of the Town of Vail is hereby amended as That Lot 1, Katsos Ranch Minor Subdivision, a part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from Natural Area Preservation (NAP) District to the Outdoor Recreation (OR) District; as shown in attached map Attachment A. 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 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 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, Ordinance No. 22 ,Series of 2003 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 16th day of September, 2003 and a public hearing for second .reading of this Ordinance set for the 7th day of October, 2003, 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 7th day of October, 2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 22 ,Series of 2003 Attachment A Location of Lot 1, Katsos Ranch Minor Subdivision, A part of Section 2 and 3, Township 5 South .Range 80 West of the Sixth Principal meridian -`~~ ~ )h 7[RS1A 7E. ~ -/Q ~ t 4.h7H b ~ ~~ =~ r _ ~~ ur 7 t / i .rwF ~, ~ ~ ~.`. _., i~ _ ~~ c ' ° s~i ~.; rn ~., cii- .- ^- ~ ~•~ ~._, -tio A ~ pR, ~ 1sACt • `\ .. ° ~ <) 1 - , 4 1 r~ to„ ~~. ~ -~ -~~.. , ~, x ,_~~_ _, ..~ '1h flYIS 61' by/.YJNC L1A N. .`\ v x w us.: . . y t~ Gwr~;an _ ~ ~ - sr.hu ,~aa n _... -r.L f= ~ - ,.~. c _. - h Ordinance No. 22 ,Series of 2003 MEMORANDUM To: Town Council From: Judy Camp Date: October 2, 2003 Subject: Budget Discussion I am attaching the following information for the budget discussion on Tuesday: • Budget Calendaz • 2003 Supplemental Appropriation Detail for Second Reading • 2004 Proposed Budget -General Fund • Capital Projects Fund -Five-Year Projection • RETT Fund -Five-Year Projection 2003 Supplemental Appropriation Detail for Second Reading The following changes have been made: • Pazking revenue reduced to reflect the change from one hour free to one-and-a- halfhours free • Project reimbursement revenue has been increased to reflect $50,000 commitment from Vail Resorts to cover %2 the cost of converting Ford Pazk field for pazking. (Costs of conversion were included in first reading.) • Budgets for the following Capital and RETT projects have been reallocated from 2003 to 2004 to the extent that funds aze not expected to be spent in 2003: White Water Park, Gore Creek Promenade Bridge, I-70 Noise, Indoor Recreation Center, and Drainage Improvements (moved to Streetscape) • All costs related to setting up the "bubble" have been included assuming no in- kind or other contributions from VRD • The costs of replacement vehicles for seven police vehicles have been added to the Capital Projects Fund; costs for replacement of administrative vehicles are still under review and have not yet been included • Signage costs for the visitor information centers have been added • Additional costs anticipated for the Roost Lodge lawsuit have been included Council's action to forgive VLMD's working capital loan to the extent that funds are used to support the ProCycling Tour in 2003 and 2004 has been noted; however, there is no impact on the supplemental appropriation which is prepared on a cash basis. A proposal for a sound system in the Council Chambers is presented in the Town Manager's report and can be added as an amendment to the supplemental appropriation if you so choose. -1- 2004 Proposed Budget -General Fund The following changes are reflected in 2004: • Parking revenue reduced to reflect the change from one hour free to one-and-a- halfhours free • All costs related to tearing down the "bubble" have been included assuming no in- kind or other contributions from VRD The 2003 amended Budget now includes Supplemental Appropriation #2 of 2003 as discussed above. Council's action to forgive VLMD's working capital loan to the extent that funds are used to support the ProCycling Tour in 2003 and 2004 has been noted; however, there is no impact on the 2004 Budget which is prepared on a cash basis. Five-Year Projections - Cauital and RETT Budgets for the following Capital and RETT projects have been reallocated from 2003 to 2004 to the extent that funds are not expected to be spent in 2003: White Water Park, Gore Creek Promenade Bridge, I-70 Noise, Indoor Recreation Center, and Drainage Improvements (moved to Streetscape). The 2003 amended Budget now includes Supplemental Appropriation #2 of 2003 as discussed above. -2- Town of Vail Proposed 2004 Budget Timetable Contrlbutlons Council criteria discussion Deadline for return of packets Commission on Special Events presentation to Council Council evaluation of requests and direction for 2004 budget Budget Guldeilnes Council decision on VCBA & WCTB funding Council discussion of budget philosophy and timetable Guidelines distributed to department heads VRI presentation to Council on lift tax revenue Presentation of 2002 audit report to Council Council decision on streetscape plan 2003/2004 parking program recommendation Budget Proparatlon Capital budget request for county funds submitted Staff prepares departmental budgets Council discussion of major revenue items Council decision on major revenue items Council review of first draft of 5-year capital projection Council review of first draft of 5-year RETT projection Council discussion of major revenue items - constuction fees Council review of second draft of 5-year capital projection Council review of second draft of 5-year RETT projection Town Manager reviews departmental budgets Town Manager's budget complete Council review of first draft proposal Council review of second draft proposal Budget Documentation and Reporting First reading of 2004 budget ordinance First reading of 2003 Supplemental Number Two Second reading of 2004 budget ordinance Second reading of 2003 Supplemental Number Two First reading of mil levy certification ordinance First reading of 2003 Supplemental Number Three Second reading of mil levy certification ordinance Second reading of 2003 Supplemental Number Three Mil levy certification deadline to Eagle County Budget book submission 05/20/03 07/31 /03 07/01 /03 09/02/03 06/03/03 06/17/03 06/23/03 07/01 /03 08/05/03 08/05/03 09/02/03 06/13/03 06/23/03 to 07/01 /03 07/15/03 07/15/03 07/15/03 08/05/03 08/05/03 08/05/03 07/24/03 to 08/13/03 08/19/03 09/02/03 09/16/03 09/16/03 10/07/03 10/07/03 11 /18/03 11/18/03 12/02/03 12/02/03 12/15/03 12/31 /03 Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete 07/18/03 Complete Complete Complete Complete Complete Complete Complete 07/29/03 Complete Complete Complete Complete Complete -3- Version S Proposed Supplemental Appropriations and Budget Adjustments #2 of 2003 Changes Hlghllghted Description Revenue Increase (Decrease) Ezpenditure Increase (Decrease) Reason c:apitat Projects Fund Project Budgets Amended 2003 Berry Creek Employee Housing Units Timber Ridge Loan Transfer from Dispatch Services Fund Federal Grant Revenue CAD/RMS system Dobson Ice Arena Children's Garden of Learning Town Mgr Residence Town Manager's Office Remodel Buy-Down Program Middle Creek Plan Review Fees CDOT Funding -Bighorn Cr. Remediatic Capital Street Maintenance Spruce Way & Columbine Dr Reconstruct Other Bighorn Flood Remediation Donovan Pavilion Capital Outlay-improvements Capital Outlay Capital Clutlay-vehicles Revenue-shared co5t5 Professional Fees 1-70 Noise Gymnastics Facility Drainage Improvements Subtotal Capital Projects Fund 1,000,000 1,000,000 90,000 CAD/RMS system -portion needed in 2003 165,000 CAD/RMS system grant -already approved 255,000 CAD/RMS system 15,575 Smoke evacuation system design 50,000 Loan for relocation; to be repaid over 10 years 50,000 Renovations 10,125 estimate per Slifer Design (27,000) Transfer funding to Middle Creek 27,000 Transfer funding from Buy Down Program 300,000 (50,000) Transfer funding to Bighorn Creek Remediation 253,050 Spruce Way & Columbine Drive -net cost $61,300 158,250 To be reimbursed by CDOT 10,000 construction extras 15,000 Cost of one new parking maihine for W.l~ay Lot 25,00(1 F:lcch~ieity to Repeater Situ -funded by Dispatch Service 183,400 Purchase of New Police Vehicles 7,450 Eagle River Water & Sazi. Site study 2,G37 ~drl'1 sire study costs (141,000) Rolled to 2004 budges (1 Sf1,00(}) Rol led to 2004 budget (123;~?S) Rolled to Strcetscapes its '04 Budget 1,562,450 1,563,412 Supp 2 of 2003 031007 S-i 10/2/03 10:54 AM Version 3 Proposed Supplemental Appropriations and Budget Adjustments #2 of 2003 Changes Highlighted Revenue Ezpenditure Lncrease Increase Description (Decrease) (Decrease) Reason RETT Projects Fund Project Budgets Amended 2003 Whifiewater Perk Gore Creek 1'romanade Brge Subtotal RETT Projects Fend (108,000) Ro11ed to 2f0~~ budGct (100,000) Rolle] to 2004 budget - (208,000) General Fund I-70 Sink Hole Incident CDOT Reimbursement Workers' Comp Deductible Com Dev Professional Fees Streets -Contract Labor Police -Overtime Fire -Overtime Fire -contract Service Fire -Radio Repair & Maintenance Streets -HEF Operating Charges Streets -HEF Replacement Charges Traffic Control Gravel Other Expenses Subtotal I-70 Sink Hole Incident Donovan Pavilion Rental Revenue 145,543 1,000 Two injuries at the site 1,000 Neighborhood site inspections - TMC 17,360 ERW&S and Ewing Trucking 3,379 1,568 1,782 2,800 9,200 5,620 3,215 Portable Lighting 6,140 7,086 145,543 60,149 39,000 per Donovan Pavilion Mgmt Supp 2 of 2003 031.007 S-2 10/2/03 10:54 AM Version 3 Proposed Supplemental Appropriations and Budget Adjustments #2 of 2003 Changes Highlighted Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Hightway /Streets Adv Professional Fees Contract Services Water/sewer Electric Gas Trash Removal Building R & M Other R & M Advertising Equipment<5000 Misc Subtotal Donovan Pavilion Other Budgets Adjustment Town Clerk contract labor Confrerence Ctr Mgmt Fees Constuction Permits Com Dev Admin Seasonal Salary Com Dev Benefits Seasonal Sal Com Dev professional fees Out of District Fires Resp Fire Personal Service Salaries Fire Personal Service Benefits Fire Personal Seasonal Salaries Fire Personal Service Benefits Com Dev Salaries 4,900 adv in Wedding Facilities by Greg H for Donovan Pavilon 55,420 Donovan Pavilion Mgmt Fees 37,745 Donovan Pavilion Mgmt operating budget -adjusted for Hill &Co paid directly 670 TOV direct expenses 1,000 TOV direct expenses 3,350 TOV direct expenses 500 TOV direct expenses 3,090 TOV direct expenses 1,675 TOV direct expenses 2,255 Hill & Co. bill paid by TOV before contract w/ management co. was complete 5,000 Furniture, fixtures, flags, start up costs 4,325 TOV direct expenses 39,000 119,930 2,240 Help for election and special events 161,500 Management fees - 5°/' of collections 32,820 Increase in Construction Permits 29,120 Seasonal Salary Budget for administrative support 3,700 Seasonal Benefits for administrative support 4,892 Energy Service Associates for energy conservation program (12,000) Not as many Wildfires this summer (19,000) F.F. six month leave of absence (7,900) F:F. six month leave of absence 8,000 Students used to cover leave of absence 1,020 Students used to cover leave of absence 12,854 Transfer funding to Com Dev for GIS position Supp 2 of 2003 031007 S-3 10/2/03 10:54 AM Version 3 Pro Deed Su lemental A ro riations and Bu Changes Highlighted p pp pp p ' dget Adjustments #2 of 2003 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Com Dev Benefits 5,026 Transfer funding to Com Dev for GIS position Bus Drivers Salaries ~ (14,235) FTE moved to Parking-Ford Park Bus Drivers Benefits (5,570) FTE moved to Parking-Ford Park Bus Drivers Seasonal Salaries 5,040 To cover FTE with seasonal bus drivers Bus Drivers Benefits 640 To cover FTE with seasonal bus drivers Facility Maintenance 26,164 Repairs & maintenance for Town Manager's residence Contributions 50,000 Pro Cycling Tour sponsorship "1~,-anspoi-tation Misc. 5,000 Vail Farmers Mkt Traffic Control Litigation 1 ~,UOU Add'1 costs for Roost Lodge lawsuit contributions 5,200 Signage for VVCTB Visitor's Ceni~r Bubble Set Up f~0,000 7~ota1 costs to set up Bubble Subtotal Other Adjustments 182,320 210,191 Parking Bank Charges Bank Charges Parking Revenue 50,000 Parking Salaries Parking Seasonal Salaries Parking Overtime Parking Benefits Parking Revenue 335,000 Street/HWY Seasonal Salaries Street/HWY Benefits Parking Seasonal Salaries Parking Benefits Contract Labor 6,500 Additional credit card fees associated with increased parking revenue 10,000 Additional credit card fees associated with increased parking revenue Parking revenue Ford Park Summer'03 19,000 Summer Parking Expenses-Ford Park 3,000 Summer Parking Expenses-Ford Park 4,500 Summer Parking Expenses-Ford Park 8,200 Summer Parking Expenses-Ford Park Pa7-king revenue -reduced by 90 min. free 7,985 Add'1 plowing outlying paid lots 1,015 Add'1 plowing outlying paid lots 17,745 Add'1 hosts for outlying paid lots 2,254 Add'1 hosts for outlying paid lots 15,000 Move existing parking machines to new locations Supp 2 of 2003 031007 S-4 10/2/03 10:54 AM Version 3 Proposed Supplemental Appropriatlona and Budget Adjustments #2 of 2003 Changes Highlighted Deacriptlon Revenue Increase (Decrease) Ezpenditure Increase (Decrease) Reason Printing & Publishing Sign & Sign Materials Revenue-Shared Costs Contract Labor Subtotal Parking Subtotal General Fund Dispatch Service Fund Transfer to Capital Projects Fund E-911 Board -Phone Project 911 Phone System Upgrade Capital Outlay Contract Services Radio R&M Advertising Computer Software Subtotal Dispatch Service Fend Heavy Equipment Fund I-70 Sink Hole Incident Interfund Charges -Operating Expense Interfund Charges -Replacement Motor Fuel Lubricants Subtotal Heavy Equipment Fend 5,000 Add'1 marketing expenses to implement new parking procedures 5,000 Increase sign program SO,OOU Reimbursement from VRI 100,000 Strip sod & install base gravel on field of Ford Park 435,000 205,199 801,863 595,469 279,517 9,200 5,620 279,517 344,517 90,000 CAD/RMS -funds needed in 2003 911 Phone System Upgrade funded by E911 Authority 279,517 911 Phone System Upgrade funded by E911 Authority 69,500 Console and Furniture Upgrades (69,500) To fund console upgrades (12,000) to cover electricity charges for repeater site (9,000) to cover electricity charges for repeater site (4,000) to cover electricity charges for repeater site Streets and Roads vehicle usage during response to I-70 Sink Hole Streets and Roads vehicle usage during response to I-70 Sink Hole 8,280 Streets and Roads vehicle usage during response to I-70 Sink Hole 920 Streets and Roads vehicle usage during response to I-70 Sink Hole 14,820 9,200 Supp 2 of 2003 031007 S-5 10/2/03 10:54 AM Version 3 Proposed Supplemental Appropriations and Budget Adjustments #2 of 2003 Changes Highlighted Revenue Ezpenditure Increase Increase Description (Decrease) (Decrease) Reason Conference Center Fund Professional fees 100,000 Marketing & analysis consultants Management Fees 161,500 5% of collections Subtotal Conference Center Fund 0 261,500 Total All Funds 2,08,650 2,566,098 Supp 2 of 2003 031007 S-6 10/2/03 10:54 AM Verelon 3 Changes are Hlghllghted TOWN OF VAIL 2004 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND Revenue Local Taxes: Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures Salaries Overtime Benefits Subtotal Compensation and Benefits Contributions and Special Events All Other Operating Expenses Heavy Equipment Operating Charges Heavy Equipment Replacement Charges Dispatch Services Total Expenditures 2003 2004 2002 2003 Amended Proposed Actual Budget Budget Budget $ 10,337,852 $ 8,814,575 $ 8,814,575 $ 8,835,480 2,799,910 2,835,511 2,835,511 2,646,855 2,344,921 2,188,920 2,188,920 2,420,500 617,687 626,500 626.500 643,500 932,773 864,000 896,820 986,320 1, 349,364 1, 348,566 1, 561, 609 1,316,775 2,548,805 2,315,000 2,700,000 2,928,500 613,649 355,771 505,271 607,485 226, 543 197,000 197, 000 189,250 165,088 106,000 10 E , 000 109,000 507,211 550,041 589, 041 707,142 280,277 181,893 231, 893 36,950 22,724,080 20,383,777 21,253,140 21,427,757 8,765,606 9,108,297 9,161,546 9,399,864 646,519 467,886 478,692 444,047 .3,125,628 3,336,662 3,299,581 3,400,576 12,537,753 12,912,845 12,939,819 13,244,487 1,218,402 1,128,246 1,183,246 1,167,346 4,386,781 4,183,961 4,688,613 4,575,345 1,270,349 1;428,466 1,428,66fi 1,463,158 351,620 387,661 393,281 405,467 464,514 450,531 450,531 463,813 20,229,419 20,491,710 21,084,156 21,319,616 Revenue Over (Under) Expenditures 2,494,661 (107,933) 168,984 1.08,141 Beginning Fund Balance 6,289,386 6,884,326 8,784,,047 8,953,031 Ending Fund Balance $ 8,784,047 $ 6,776,393 $ 8,953,031 $ 9,061,172 2004 Second Reading G-1 10/2/03 Revenue Sales Tax Federal Grant Revenue Lease Revenue CDOT Reimbursement Buy-Down Program Sale of Assets Transfer from Dispatch Service:Fund Project Reimbursement Eagle County Grant Revenue Interestlncome & Other Total Revenue ExpendiiWrss Equipnwnt Purchases Document Imaging Software & Hardware Upgrades Web Page Development/Ecommerce Eagle County CAD /RMS Project East Vail Repeater Video Security for Jail Patrol Car Vidoo Cameras Fire Truck QRV for Fire Dept Fire Department Breathing Apparatus RepowerBuses Replace Buses GPS for Buses 800 MHz radio system Newf~olice Vehicles Other Subtotal Equipment Purchases Capital Maintenance Bus Shelter Replacement Bear Proof Trash Containers Capital Street Maintenance Parking SVUCture Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Street Reeonstn+etlon Other BigharrePlood Remedintion Spruce Way & Comlumbine Dr Vail Valley Dnve -Design Vail Valley Drive -1st Phase Subtotal Street Reconstruction Buildings 8 Improvements Town Manager Residence Tcwn Mane9er's Office Remodel Library Building Remodel SUMMARY OF REVENUE, EXPENDRURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2005 2004 Amended Proposed Budget Budget 2005 2008 2007 2008 $ 5,765,425 $ 5,890,320 $ 5,949,223 $ 6,008,715 $ 6,068,803 $ 6,129,491 2,211,386 725,200 692,000 811,800 4,536,000 1,344,000 150,000 150,000 150,000 150,000 150,000 150,000 300,000 1, 000, 000 1,000,000 90,000 72,450 - 555,000 45,000 45,000 45,000 45,000 45,000 45,000 10,634,261 7,365,520 6,836,223 7,015,515 10,799,803 7,668,491 100,170 40,000 40,000 40,000 40,000 58,000 172,000 42,000 58,000 72,000 34,600 12,000 12,000 12,000 12,000 393,485. 250,000 50,000 50,000 50,000 345,000 - 11,500 - 22,500 22,500 - 735,000 - 100,000 - 25,000 25,000 30,000 Protect Infomtstlon Version 6 Changes Highlighted 40% of total sales tax allocated to Capital Projects ~us.replacements & Iptermodal; @yme Grant far CAD/RMS Lease revenue from City Market & employee housing Reimbursement for roundabout/ Bighorn Crk Remediauon Sale of Deed Restricted Units Purchased by;tha Town -Berry Creek Sale of Old Town Shops & portion of land in West Vail To fund CADlRAAS system. Gymnastics facility & E. Vail repeater Countywide Computer Aided Dispatch8 E. Vail Repeater 40,000 OCE maintenance, software upgrades, contract position 43,000 Desktop OS upgrades, replacement PC's, server upgrades 12,000 Web / FTP / E-Commerce development and upgrades 50,000 County wide Computer Aided Dispatch /Records Mgmt System 152,000 126,000 126,000 2,475,490 1,264,000 1,010,400 3,834,000 - 150,000 150,000 375,000 152,372 183,A00 - 181,000 300,000 3,894,517 2,173,000 1,351,900 691,000 1,090,000 4,279,000 30,000 10,000 30,000 10,000 30,000 10,000 40.000 782,947 740,000 890,000 932,000 1,032,000 950,000 45,000 .450,000 340,000 420,000 525,000 440,000 460,000 470,000 519,000 280,000 375,000 360,000 340,000 1, 817, 947 1, 609, 000 1, 620, 000 1, 842, 000 1, 862, 000 1, 760, 000 Comprehensive system to record all cameras; reduces liability Grant funding to be pursued before purchase Replace pumper; refurbish Aerial Pumper Quick Response Vehicle Replacement of cylinders and compressor; grant funding to be pursued before purchase Replace transmissions and engines to extend useful life Principal and interest payments for lease/purchase 7 Ford Fjcplorers to replace Saabs In the Village Preventive maintenance, patching, overlays and seal coats Various Parking Structure Improvements Various Facility Capital Improvements 158,250 To be reimbursed by CDOT 253,050. To he reimbursed by CDOT 142,930 V V Drive Golden Peak to Sunburst, and Mill Cr Circle, with bike lane 340,000 Reconstruct Vail Valley Drive in segments 894,230 - - - _ _ 50,000 10,125 ts5,000 C-1 Renovations Remodel of the Library Public Restrooms & janitorial closet 10/2/03 Version 6 Changes Highlighted SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Town Shop Imp -Storage Project Donovan Park Pavilion Indoor RecreationlGymnastics Subtotal Bidgs /Improvements Stroetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Housing Program Buy-Down Program Timber Ridge Timber-Ridge Laari Subtotal Housing Program Uonshead Redewlopnwrrt Lionshead Master Plan Intermodal Site 2005 2004 Arnannded Proposed Budget Budget 2005 2000 2007 2008 179,337 70,000 15,000 15,000 15,000 15,000 15,000 24,837 100,000 552,565 2,166,631 47,437 150,000 3,285,932 165,000 15,000 15,000 15,000 15,000 247,323 1,182,000 Construct streetscape plan, drainage, lighting. public art and landscapi~ 29,668 1,990,425 787,000 1,190,000 1,290,000 940,000 Design in 2002; additional funding from RETT 276,991 1,990,425 1,969,000 1,190,000 1,290,000 940,000 ProJed information Design costs Cabling /Network Infrastructure To expand capacity/ Smoke Evacuation Systam design Signs in town, on I-70, & in parking structures -adds maintenance Complete project Move to Avon temporarily; Red Sandstone site 1,073,000 100,000 100,000 100,000 100,000 100,000 Net cost of deed restricted units for resale 967,000 925,000 Replenishment reserve 1,000,000 3,040, 000 1,025,000 100,000 100,000 100,000 100,000 120,802 350,000 3,750,000 Design costs to implement Town improvements: Construction costs far Lionshead Redevelopment will be funded from developer contributions, TIF, Eagle County & other sources. Subtotal Lionshead Redevelopment 120,802 350,000 3,750,000 Other improvemends Loading and Delivery Studies 8,396 Street Light Improvement Program 50,000 50,000 50,000 50,000 50,000 50,000 Drainage Improvements 19,535 75,000 75,000 75,000 75,000 75,000 Vail Today 10,000 I-70 Noise 106,500 391,000 250,000 250,000 250,000 250,000 Memorial Park Loan 50,000 Children's Garden of Learning-Loan 50,000 Subtotal Other Improvements 244,431 516,000 375,000 375,000 375,000 375,000 Finish Project Add new street lights and refurbish residential lighting program Continue implementation of drainage master plan Loan for relocation; to be repaid ovec10 years , Tofal tteforo Trarutifers 13,624,850 7,828,425 5,430,900 4,213,000 8,482,000 7,469,000 Transfer for Debt Service 1,878,449 2,337,897 2,422,154 2,236,200 3,233,497 2,321,825 To fund debt service on all Town bonds Total Expenditures 15,503,299 10,166,322 7,853,054 6,449,200 11,715,497 9,790,825 RewnuaOver(UnderlExpenditures (4,869,038) (2,800,802) (1,016,831) 566,315 (915,694) (2,122,334) Beginning Fund Balance 8,942,580 4,073,542 1,272,740 255,909 822,225 (93,470) Ending Fund Balance $ 4,073,542 $ 1,272,740 $ 255,909 $ 822,225 $ (93,470) $ (2,215,804) C-2 10!2/03 Version 3 Changes Highlighted Real Estate Trenster Tax Fund Five-Year Summary of Revenue and Expenditures 2003 2004 Amended Proposed Budget Budget 2005 2008 2007 2008 Protect infom~ation REVENUE Real Estate Transfer Tax $ 2,500,000 $ 2,750,000 $ 2,750,000 $ 2,750,000 $ 2,750,000 $ 2,750,000 Golf Course Lease 109,300 112,579 115,956 119,435 123,018 126,709 Lottery Revenue 20,000 20,000 20,000 20,000 20,000 20,000 Project Reimbursements 38,286 Interest Income & Other 85,000 50,000 50,000 50,000 50,000 50,000 Recreation Amenity Fees 15,000 10,000 10,000 10,000 10,000 10,000 Total Revenue 2,767,588 2,842,579 2,945,958 2,948,435 2,853,018 2.956,709 EXPENDITURES Annual Maintenance RETT Collection Costs 87,000 137,500 137,500 137,500 137,500 137,500 Collection fee remitted to the General Fund Rec. Path Capital Maintenance 240,000 135,200 140,608 146,232 152,082 158,165 Capital maintenance of the town's rec. path system Alpine Garden Support 56,460 75,000 52,000 54,080 56,243 58,493 04 only, one time $25K to pay off debt & daily operations Tree Maintenance 75,000 60,000 60,000 60,000 60,000 60,000 Provide additional trees to Vail's public areas Street Furniture Replacement 20,000 25,000 25,000 25,000 25,000 25,000 Additions and replacement of street furniture Black Gore Creek Sand Mitigation 105,978 100,000 100,000 100,000 100,000 100,000 Bear Proof Containers 18,000 9,500 10,000 In TOV parks Park, Path ~ Landscape Maintenance 823,011 857,281 892,991 930,198 968,969 1,009,369 Ongoing path, park and open space maintenance; assumes 2003 reductions are permanent Subtotal Maintenance 1,425,449 1,399,481 1,418,099 1,453,010 1,489,794 1,548,527 Recreation PathlTrall Development Trail Signs 40;365 Trailhead Development 20,000 20,000 20;000 20,000 20,000 20,000 Improve trailheads N. Frontage Rd. (School to Roundabout) 650,000 Fund Path from Red Sandstone Pedestiran Brdg to Roundabout Gold Peak to Soccer Field 335,000 Bike paths -portion of Vail Valley Drive Project Village Streetscape Design 8 Implement 410,637 1,750,000 1,500,000 1,250,000 1,250,000 1,250,000 Frontage Road Bike Trail 1,050,000 Construct widened 6' shoulders along all frontage roads; first priority is Blue Cow Chute to East Vail Subtotal Pathways 806,002 2,420,000 1,520,000 1,270,000 2,320,000 1,270,000 Capital Maintenance Raw Water Project 249,720 - - - - Convert parks from treated water to raw water Playground Safety Improvements 32,605 Pirate Ship Park -Per Safety Plan 300,000 Big Hom Park -Per Safety Plan 225,000 Red Sandstone Park -Per Safety Plan 200,000 Public Art 108,380 75,000 75,000 75,000 75,000 75,000 Subtotal Capital MalrManance 890,705 300,000 275,000 75,000 75,000 75,000 Park Development Donovan Park 200,000 F:\Users\FINANCE\BUDGET\budget04\Capita11031007 R-1 Printed 10/2/03 Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures Version 3 Changes Highlighted 4003 2004 Amended Proposed Budget Budget 2005 4006 1007 4008 Protect Information White Water Park 2,000 108,000 Funds 3rd hole at Whitewater Park, rolled from '03 Gore Creek Promenade Bridge - 100,000 Rolled from '03 to '04 Red Sandstone School Soccer Site 2,936 Lionshead Park 100,000 690,000 Booth Creek Park Redevelopment 250,000 Reconstruct park Subtotal Park Development 404,538 208,000 0 350.000 880,000 0 Open Lands Snowberry 300,000 Subtotal Open Lands 300,000 0 0 0 0 0 Project Management Parks and Landscaping AIPP Subtotal Protect Managerrrent Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 76,531 78,827 81,192 83,627 86,136 88,720 56,792 58,496 60,251 62,058 63,920 65,837 133, 323 137, 323 141,442 145, 686 150, 056 154, 558 3,580,415 4,464,804 3,354,541 3,193.696 4,734,850 3,048,OBS (792,829) (1,522,225) (408,585) (344,261) (1,781,832) (91,376) 5,084,313 4,x$1,484 2,769,259 2,360,674 2,Q16,413 23A,5~1 4,191.484 S 4,789,T$9 ; 2,380,874 ; 2,016,419 ; 134,681 S 143,206 F:\Users\FINANCE\BUDGETIbudget04\Capital\031007 R-2 Printed 10/2/03 ORDINANCE N0.23 SERIES OF 2003 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, RETT PROJECTS FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND CONFERENCE CENTER FUND OF THE 2003 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2003 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.30, Series of 2002, adopting the 2003 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2003 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 595,469 Capital Projects Fund 1,563,412 RETT Projects Fund (208,000) Dispatch Service Fund 344,517 Heavy Equipment Fund 9,200 Conference Center Fund 261,500 Total $ 2, 566, 098 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for Ordinance 23, Series of 2003 any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. 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. 4. 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. 5. Aft 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 16th day of September, 2003, and a public hearing shall be held on this Ordinance on the 7th day of October, 2003, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED in full this 7th day of October, 2003 Ludwig Kurz, Mayor Ordinance 23, Series of 2003 ATTEST: Lorelei Donaldson, Town Clerk Ordinance 23, Series of 2003 ORDINANCE NO. 24 SERIES OF 2003 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 19th of September, 2003, more than seven (7) days prior to the hearing held on the 7th of October, 2003, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2004 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The .procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2004, and ending on the 31St day of December, 2004: Ordinance No. 24, Series of 2003 FUND AMOUNT General Fund 21,319,616 Capital Projects Fund 10,166,322 Real Estate Transfer Tax Fund 4,464,804 Conference Center Fund 368,300 Vail Marketing Fund 315,800 Debt Service Fund 2,296,599 Heavy Equipment Fund 2,085,013 Health Insurance Fund 1,811,000 Dispatch Services Fund 1,510,631 Total Before Interfund Transfers 44,338,085 _Less Interfund Charges & Transfers 6,668,642 NET EXPENDITURE BUDGET 37,669,443 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2004 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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. 5. 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. 6. 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. 24, Series of 2003 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of September, 2003. A public hearing shall be held hereon on the 7th day of October, 2003, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of October, 2003. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 24, Series of 2003 MEMORANDUM September 26, 2003 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: August Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $44,000.00 in August sales tax to bring August collections to $1,OI6,094.00. If so, we will be down 2.99% or $31,330.00 from budget and down 6.29% or $68,224.00 from August 2002. A total of $2,446,613.17 has been collected for the conference center. onth 992 993 994 995 998 997 Town of Vail Sales Tax Worksheet 9/26/03 1998 1999 2000 001 002 udget 003 'Collections udget VaAance Change from 2002 Change from Budget January 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 2,002,943 1,996,449 (6,494) -3.72% -0.32% February 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,204,207 2,110,493 (93,714) -7.51% -4.25% March 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,607,824 2,372,300 (235,524) -12.13% -9.03% April 691,163 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 841,249 869,115 27,866 -0.20% 3.31% May 268,000 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 400,156 428,040 27,884 3.33% 6.97% June 468,598 475,161 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 635,332 740,422 105,090 12.58% 16.54% July 742,750 811,538 892,830 893,483 . 963,717 1,043,637. 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,009,411 1,057,275 47,864 1.18% 4.74% August 767,257 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,047,424 972,094 (75,330) -10.35% -7.19% Total 8,405,985 8,906,424 9,286,057 9,317,068 10,005,223 10,674,877 11,051,817 10,700,552 11,11 4,424 11,67Q985 11.127,092 10,748,546 10,546,188 -202,358 5 22:4, t ~t'~% September 485,954 560,535 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 689,292 October 367,578 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 486,570 484,425 . 467,825 November 497,907 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 619,046 December 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,055,291 Total 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,580,000 Preliminary August 2003 SALES TAX VAIL VILLAGE August August August 2002 2003 % Collections Collections Change Retail 182,451 187,471 2.8% Lodging 126,540 101,517 -19.8% Food & Beverage 201, 888 189, 589 -6.1 °/a Other 7,456 6,400 -14.2°/Q r Total 518, 335 484,977 -6.4% LIONSHEAD August August August 2002 2003 Retail Lodging Food & Beverage Other Total t.oiiections ~.oiieciions ~.nan e 54, 936 51, 818 -5.7% 50, 009 65, 716 31.4% 35,866 37,431 4.4% 4, 547 4,153 -8.7% 145, 35$ 159,118 9.5°,/° ~aterwise we~res~~s Practical Concerns -~~~~- ~__~ ~.-.~ October 8 ~'_ - 5:~~ Pi~i r~ ~:~~ , .; r ~s~ '~~ Avon Library .~ ~,~~ ~~ a ~~ ~'` I~.SVP ~~~-673 7 Y ~~ . va : . ., r?4 The Eagle Valley Ia'brary District and the Eagle River Watershed Councal are proud to bring you Wateiwise Wednesday- Our goal is to team more about specific and complicated water issues that affect the Eagle River. When the water in our rivers drops down to the minimum recommended flow, more recently called the "in-stream flow." a complex set of changes and options are set in motion across the state. This can impact everything from snowmaking, front-range water diversions, and agriculture irrigation-not to mention impacts to the fish. Understand how these minimum stream flows were determined 30 years ago and explore the strengths and weaknesses of this system designed to protect the environment. Water is everybod~s business so join in the discussion following the presentation. Light reception at 5:00, Presentations 5:30-7:00 PM. Eagle River ~° ~ ``~~ ~ *~ ~•~ ed Council. ~~% ~`~ RTatersh ~~ ~_~'\ s t~~~l~~ ~~ ~~ ~ ~ ro eels. We provide a forOR(where everyone can The Eagle River Watershed n° ~eseareh and p t Jr the health and con fiver etnvironmenEagle River watershed through educatio ~ realer understanding of the Eagle R District. Please )oin us! participate and gain a g Waterwise Wednesday is a joint project with the Eagle Valley Library vail.net Tel y70_g27-5406 291 Main Street P.O. Box 430 Minturn, CO 816x9 b; a L g ~ fiver! Tlows & Growth: Ilow much water do we redly nee m JUNE 1 I, 2003 Eagle Lihrary, 5:15 YM R7-•rt eau we Icarn from the Front Range•o JULY 9: 2003 Cmrser'vation: le River Memoranduru and what it n-em-s o us. Eagle Library, 5:15 PM Ea Th AIJGUS'P 13, 2003 g e After llomestrke 11: Avon Library k: Undershrnding C•rlls, D•rms and Diverswus° SEPTEMBER IU, 2UU3 }low the Buckets Wor Avon Library s: Legal •rnd Prrctical Concerns un the L'agk ILver l OCTOBER 8, 2003 ow lnstrcam g Avon Library Retrospective Analysis: What do we know about our rivers. NOVEMBER 12, 2003 L•rgle River Eagle Library riculture and Development State Isnghieer hi \~V•rter: Ag DECEMBER 10, 2003 The Rule of The vet Interstate Compact Eagle Lihrary f Water Development: The Colorado Ri JANUARY 14, 2004 History o Eagle Library aw really the answer: St FEBRUARY 11, 2004 r I,egisl:itive Update: Is the Big d the Ski Industry Avon Library of Wetlands, War an The Value of Camp hale: History MARCH 10, 2004 004 Avon Lihrary date: Changing Water Quah'ty~ ndards Annual Superfund Up r API21L 7, 2 Avon Library /~_ • aaw~..vb MNo1 M fM Eagle River ~° `, i= ~~. ,. / ~~ Watershed Coun <~ Today's Date: 10/2/03 No. of remaining VTC meeting days: 2 2003 Project Matrix A=The buck stops here R= For moving C= Have info 1= Who else forward responsible needs to people need know? to move forward PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL .RESPONSIBLE CONSULTE INFORME COMPLETION DATE REVIEW 2003 BALLOT Review of community survey findings Done Suzanne Suzanne Pam Community Review of 5-Year Capital Projects lists, Done VTC Greg, Judy Pam, dheads Community i.e election needs Election ballot go/no-go Review of 2 ballot options (mill levy Done; No-Go VTC Pam, Greg, Judy, Matt Community decision by 6/1/03 transfer & GO bond) decided Suzanne, Matt Fire Service Consolidation Negotiate service contract with Eagle October C Matt, Pam, Judy JP, John Community River Fire effective 1/1/04; plan for meetings consolidation election in 5/04 2004 BUDGET Council direction needed on Done VTC Pam Judy Community CBAM/CTB future funding Preparation of budget timetable Done Judy Judy Pam dheads BUSINESS Executive session discussion with town Done Matt Matt Pam, Judy CBA IMPROVEMENT attorney DISTRICT Council direction on $15,000 funding Done VTC Matt Business business request community community Council direction on business license fee Done VTC Pam, Judy business community. Council direction on Commission on Done VTC Pam, Judy, CSE Community Special Events PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW CONFERENCE CENTER Need Council site selection Done VTC Pam, Russ, Greg Judy, Matt Community decision/direction; report-out on parking charette Appointment of Oversight Committee Done VTC VTC Pam Community Need Council decision/direction on Recommend a VTC Oversight Russ, Greg, Community project manager the end of Committee, Pam Matt, Judy phase 1 Review RFP for business plan and Done VTC Russ Forrest Oversight update of market analysis (program Committee verification) Council review of recommended Done VTC Russ Forrest Oversight candidate to award a contract to for the Committee business plan Design-build RFP December, VTC Oversight Judy, Matt Community 2003 Committee, Pam, Russ, Greg DONOVAN PARK Approve contract for pavilion operation; Done VTC Greg Pam, Matt Community set rates Discussion of soccer field C-VRD scheduling/lawn care/ irrigation subcommittee TBD 9/1/03 Complete construction Done Greg Greg VTC Community EAGLE COUNTY Facilitate independent audit of county VTC Ludwig, Pam partner community CONSOLIDATION 8 and towns to identify areas of duplication agencies COST-SHARE and revenue sharing FIRE SERVICES Independent analysis of existing studies Done Pam Pam VTC Community 6/3/03 6/2/03 RFQ for architectural services Done Pam Pam John, Greg, Russ, Matt Council decision on fire service levels Done VTC Pam John, Greg Community and related facilities 6/17/03 RFP for architectural services On hold VTC Staff John, Greg Community PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW FtREWISE CODE Determine how to integrate Firewise 1st quarter, C Russ Bill Carlson CHANGES principles into DRB regulations 2004 GRFA Proposal on reforms to GRFA October, 2003 VTC Russ, PEC Bill Gibson Community regulations I-70 NOISE MITIGATION Completion of East Vail berms, 5-year Ongoing Greg Greg CDOT Community project Jersey barriers Greg Greg CDOT Community Noise wall demonstration Ongoing Greg Greg CDOT Community Lobby to reduce speed limit Ongoing VTC Stan, Greg, CDOT, FHW, Motor Dwight, VTC Motor Carriers, Carriers Assn Community Draft Ordinance on Engine Brake October, 2003 C Matt CDOT, FHW, Motor Restrictions Motor Carriers, Carriers Assn Community Speed/ noise enforcement State Patrol VTC Dwight Greg, CDOT Community, truck Motor inspections, Carriers. August 4/5- Done New Signs on I-70-Done LIONSHEAD Community parking agreements To be VTC Pam, Greg, Russ Dwight Community REDEVELOPMENT negotiated Final recommendation from Task Force October, 2003 VTC Pam, Russ Judy, Greg, Community on a petition and creation of the Matt Authority Review of public projects to include Done TC Greg, Russ Judy, Pam Community transit center Formation of URA/Implementation of TIF October, 2003 TC Russ Pam, Matt, Community Greg, Judy PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW CDOT cost-share agreement Greg Greg Pam, Russ, VTC Judy VRI/Com Dev Staffing agreements Prior to 1st Russ Russ, Greg, John Pam, Matt, VTC meeting with Judy, JP PEC MIDDLE CREEK Construction anticipated to begin 7/01/0 Construction Russ Nina TC, DEVELOPMENT underway Community PROJECT PARKING Review of 02-03 season; modifications Done VTC Greg, Parking Community Community or 03-04 Task Force Explore seasonal parking on Ford, Park Done VTC Greg, Parking Community Community ' ball fields Task Force, Vail Resorts Expansion of community parking Done VTC Greg, Russ, Community Community capacity; parking charette report-out Parking Task Force RED SANDSTONE Cost-share request to Eagle County VTC Pam VRD Community INDOOR MULTI- School District to augment $150K + in- PURPOSE REC FACILITY kind from TOV, $400K from Water District, $250K from Vail Resorts, $600K rom RE50J Identify interim location options for VTC Pam, Greg, Russ RD Community gymnastics post 8-04 lease Determine if parking improvements at Greg Greg, Russ, Pam VTC, RES, Community Red Sandstone School are needed VRD ROLE OF TOWN Recreation philosophy discussion, re: TOV-VRD VTC Pam dheads, VRD Community GOVERNMENT Ice Dome, Skate Park, Indoor subcommittee Recreation work (Recreation, Culture, What businesses are we in? VTC Pam dheads Community Education, Economic Development - as part of overall roles discussion for VRD) PROJECT/ TARGETED CURRENT STATUS/ DIRECTION NEXT ACCOUNTABL .RESPONSIBLE CONSULTED INFORME COMPLETION DATE REVIEW STEPHENS PARK PILOT Schedule review of pilot program and VTC, 2/17/04 PROGRAM (Dog Park) determine if off leash policy is to be News release 2118/04 allowed permanently 5/12/03 SIGN CODE REVISION Develop a revised sign code that is October, 2003 VTC Russ DRB, Business easier to understand and enforce Business community Community TIMBER RIDGE Friendly condemnation action in District Done Pam, Russ Nina, Judy, Matt Steve Jeffers C, Court for acquisition Community TOWN MANAGER Applications due May 23 Done; 164 VTC Search firm P Community SEARCH applicants Fall 2003 Candidate screening June 17 Done; 5 VTC Search firm JP Community finalists Final selection, Stan Zemler Starts VTC C JP Community 10/6/2003 VAIL ICE DOME Cost-share request to Eagle County Letter sent VTC Pam Vail Jr. user groups Commissioners for set-up/tear-down 5/9/03 Hockey, VRD Vail Jr. Hockey fund-raising campaign 0 raised ail Jr. Hockey Vail Jr. Hockey VTC, VRD user groups Council decision to budget set-up and Done VTC Greg VRD user groups tear-down costs, $190,000 Recreation philosophy discussion Done VTC Pam VRD Community VAIL MEMORIAL PARK DRB Application Done 2004 Opening Development review process, DRB Done task Force Russ dheads Community Creation of 501c-3 Done VTC Task Force Matt Community Rezoning VTC, Task Force Russ Community 10R/2003 VAIL VILLAGE Need Council direction on snowmelt Done VTC Greg Pam Community STREETSCAPE PEC review of Master Plan 9/8/03PEC PROJECT! TARGETED COMPLETION DATE CURRENT STATUS! DIRECTION NEXT REVIEW ACCOUNTABL RESPONSIBLE CONSULTED INFORME Preparation of phased construction schedule with input from Water District, adjacent property owners, business community First meeting 9!10/03 Greg Greg adjacent property owners, Water District, VCBA Community Exploration of Downtown Development Authority/TIF No followup scheduled VTC Russ Pam, Russ, Matt, Judy Community VILLAGE REDEVELOPMENT PROJECTS Loading and delivery Greg Greg Pam, Russ, Dwight, Matt affected properties, Community VR integrating off-site streetscape into their plans Greg and George Greg and George Pam, Russ, udy, Matt PERMANENT SKATEPARK Evaluation by TOV-VRD Committee ?? VTC Diana, Greg M., Nino, Julie TOV, VRD Community MEMORANDUM TO: Vail Town Council FROM: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager RE: Town Manager's Report DATE: October 7, 2003 PREMIER IMPRESSIONS Staff is currently working with the VCBA and Vail Resorts, Inc., in re: to continued funding for Premier Impressions. The town's contribution was eliminated in the last round of reductions and Vail Resorts has indicated they will not be funding the program this year. Possibly the VCBA will want to continue the program. VCBA BUDGET Steve Rosenthal provided the attached financial statements for the VCBA. The first page is the 2003 full year budget followed by an income statement and balance sheet for each of the first two quarters of 2003. Steve plans to provide third quarter financials and full year 2002 financials along with the VCBA's 2002 tax return shortly. The financial statements are prepared internally and the tax return is prepared and signed by an independent accountant. I-70/VAIL PASS SEDIMENT CONTROL PROJECT IGA The Town is entering into an IGA with the Eagle River Water and Sanitation District for a contribution of $100,000 toward the Sediment Control Project. We will be paying $70,000 in 2003 and the remainder in January, 2004. Please authorize the Town Manager to sign this agreement. TOWN COUNCIL CHAMBERS SOUND SYSTEM PROPOSAL We have received the proposal from LVW Electronics, which is attached to this Town Manager's Report. We will be available to field any questions about this proposal on Tuesday, as well as to arrange for a presentation by LVW's owner, Kendall Mangun, at your October 21st meeting, should you need additional input. NEW YEAR'S EVE ADDITIONAL FUNDING ALLOCATION Since I had received the attached memo from Nino Licciardi in re: to additional funding for the joint effort to provide a teen New Year's Eve celebration at Dobson, new information has arrived. Council had previously authorized sending a request to the Commission on Special Events (CSE) for $4,800. Sybil) Navas stated the money would be allocated from the remaining CSE budget and would be affirmed by that board at their October 21st meeting. Michael Gallagher confirmed to VRD on October 1st that the County Commissioners will also contribute $4,800 toward this event. VRI had previously committed $2,300 but is reconsidering a full partnership at $4,800, as well. Thus, the funding pledged toward the overall hard costs of $19,200 are as follows: VRI $2,300 VRD $1,000 + 300 hours staff time + $2,000 lost Dobson revenue TOV/CSE $4,800 COUNTY $4,800 $12,900 TOTAL Because the VRD is anticipating up to $16,000 in revenues from the event, they are willing to proceed at this time with no further contributions. Should revenues exceed expenses, the funding partners could be reimbursed accordingly or the revenue could be "banked" for next year's event. Additionally, VRI had committed last spring to hosting an event, grades 6-9, at Eagle's Nest. NOMINATIONS FOR EAGLE COUNTY'S CITIZEN'S OPEN SPACE ADVISORY COMMITTEE A reminder: nominations are due to the County Commissioners no later than Wednesday, October 15. 2003 WINTER VAIL VALLEY ATHLETE COMMISSION ALLOCATIONS The Vail Valley Athlete Commission (comprised of Beaver Creek Resort Company, the Vail Valley Foundation, Vail Resorts, Inc., and the Town of Vail) met Wednesday, October 1st to make '03-'04 winter funding allocations. Attached you will find a summary sheet of those allocations totaling $15,750. It has generally been the philosophy of this commission to allocate 75% funding to winter athletics and 25% to summer. Should you wish to have further information, funding applications can be copied for you. The commission will run a full page ad with pictures of the recipients and recognition of the funding partners during the Thanksgiving weekend. NOISE ORDINANCE/PARKING FINE ORDINANCE/CHILDREN'S GARDEN OF LEARNING LEASE Because Matt Mire has been tied up with the Roost trial the last 10+ days and is not expected to return to the town offices until Monday or Tuesday of next week, these items have been tabled to 10/21/03. Greg Hall says he's still waiting to hear reaffirmation from CDOT on our legal status, while Matt says he'd Like to have time to review the ordinance in detail. Current actions include some minor concessions Greg Hall has received from CDOT re: rumble strips. MANHOLE COVER PROGRAM RECEIVES NATIONAL RECOGINITION We are pleased to announce the Town of Vail's manhole cover program has been recognized nationally with a first place award in the "most creative with least dollars spent" category presented by the City-County Communications and Marketing Association (3CMA). Judges called the program a "creative effort to turn lemons into lemonade" and said the innovation continues to "create ongoing back-end buzz" to sell the manhole covers. To date, more than 500 manhole covers have been sold with more than $62,000 collected. Proceeds are being used to support the Art In Public Places program. INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE VAIL RECREATION DISTRICT (VRD) RE: TEMPORARY PARKING AT FORD PARK Previously, staff had summarized conditions for Council with regard to an IGA with VRD clarifying issues on the use, alteration, and return to original state of the softball field. Because of the timing of this project, staff is requesting Council authorize the signing of this IGA by the town manager only if we come to terms with VRD and assuming all conditions meet with Council and the town attorney's approval. Setting the authorization back to October 21st will make it very difficult to execute the project on time. Counsel for VRD is currently preparing this document. We are continuing to look at alternatives to make the frontage road safer and more convenient, ECO options, if the Chateau is razed, to use the entire area for parking, etc. DONOVAN PAVILION FREE USE CRITERIA At the time of this report, staff has not received written criteria for free use from the Donovan Pavilion Management team. Should this become available during the interim, staff will be ready to present some recommendations for Council consideration Tuesday. SKATEBOARD PARK The skateboard park came down this week. Annual set up and tear down of the park costs the town approximately $19,000. VRD contributed $1,000 from fund- raising to offset this cost. Additionally, the town pays for aport-a-potty and cleaning/maintenance of the facility. Staff believes the park equipment has deteriorated to the point it will have to be totally replaced for '04. An assessment will be completed over the next few weeks to provide a better understanding of its status. Children's Garden of Learning lease I-70 noise discussion with Owen Leonard, CDOT Park user fee discussion Upcoming Discussion Topics Oct. 21 Work Session Executive Session re: engine brakes, ~ ~ f Summer air update with Kent Meyers Lionshead submittal discussion GRFA discussion Front Door development improvement agreement Oct. 21 Evening Meeting Flood plain update overview Children's Garden of Learning lease Authorization to sign letter of agreement, re: consolidated fire services Streetscape master plan addendum Completion of contribution requests for 2004, re: Donovan Pavilion days Michonski (Apollo Park) DRB call up Resolution to create Urban Renewal Authority 1st reading, outdoor dining decks 1st reading, parking fine ordinance 1st reading, I-70 engine brake restriction 2nd reading, sign code Vail Chamber & Business Association Budget 2003 Expenses Budget 2003 I. Fixtures and E ui ment A. Computer $ - B. Copier & Fax $ 1,500.00 C. Office Equipment $ - II. Information Services A. Advertisin $ 6,000.00 B. Internet/website $ 3,000.00 C. Or anization Dues $ 100.00 D. Newsletter $ 8,000.00 E. The Vail Guide $ 25,000.00 F. P~lisceilaneous $ 2,000.00 Strafe 44,100.00 III. O eratin Expenses A. Rent $ 12,000.00 B. Remodel/Maintenance $ 5,000.00 C. Phone $ 10,000.00 D. Posta e $ 3,500.00 E. Office Sup lies $ 3,000.00 F. Travel & Entertainment $ 1,000.00 G. Insurance $ 7,000.00 H. Accountin & Le al $ 5,000.00 I. Miscellaneous $ 4,000.00 ~. IV. Personnel A. Salaries $ 87,000.00 B. Pa roll Taxes $ 15,000.00 C. Health Insurance $ 3,600.00 D. Workman's Comp $ 1,400.00 E. Ski; Parking Pass S 400.00 Su _, tal $ 107,400.00 V. Member Services ,A. Trainir Speakers S 3,000.00 B. Monthl Meetin s $ 4,500.00 C. Premier Impressions $ 10,000.00 D. Miscellaneous $ 4.000.00 Sub Total $ 21,500.00 VI. New Initiatives A. Vail Reunion Week $ - B. Santa & Cookies $ 8,000.00 _ ~ - TO TAL EXPENSES $ 233,000.00 Ilncome I I Budget 2003 I Santa & Cookies g,ooo.oo AL INCOME Vail Chamber 8 Business Association PROFIT 8 LOSS January through March 2003 Expenses I. Fixtures and Equipment A. Com uter $ - B. Copier & Fax $ - C. Office Equipment S 616.20 Total Fixtures & Equipment $ 616.28 II. Information Services A. Advertisin S 2,003.40 B. Internet/website $ 603.6-0 C. Or anization Dues $ 100.0 D. Newsletter $ 3,126.2 E. Miscellaneous S - ;~ Total Information Services $ 5,833.31 III. Operating Expenses A. Pent S 3.0:10 G~ i B. Remodel/Maintenance $ 1,000.CC? C. Phone $ 2,372.5' .~ D. Posta e $ 44.7 E. Office Supplies $ 271.1: F. Travel & Entertainment $ - G. Insurance $ - ' 1 H. Accountin & Le al $ 54.8 I. ~,1iscellaneous S 478.=~='- Total Operating Expenses $ 7,221.67 IV. Personnel A. Salaries S 19.12'.0-; B. Part Time Staff $ - C. Pa roll Taxes $ 4,278.1 8 D. Health Insurance $ - E. Workman's Comp $ 610.0:; F. Ski/Parking Pass $ 100.00 Total Personnel $ 24,109.17 V. Member Services A. Trainin Speakers S - B. Monthl Meetin s $ 201.45 C. Premier Impressions $ 4,000.GO D. Miscellaneous S 67".78 Total Member Services $ 4,873.23 `Christmas Santa 5 5.850.0': 'Easter E Hunt $ 500.G`- Total $ 6,3.00 TOTAL EXPENSES $ 49,003.66 Income A. Town of Vail 'Christmas Santa Totallncome $ 56,250.00 $ 8,00000 $ 64,250.00 EXPENSES TnCOrn~~VCf lunAf~' ~X~%'Fn.d~ ~~dt~(~,,'~'/ 12:11 PM Vail Chamber & Business Association 09/09103 ~ Balance Sheet accrual Basis As of March 31, 2003 Mar 31, 03 ASSETS Current Assets Checking/Savings Checking 66,580.35 Total Checking/Savings 66,580.35 Total Current Assets 66,580.35 TOTAL ASSETS 66,580.35 LIABILITIES & EQUITY Equity Opening Bal Equity 48,744.85 Net Income 17,835.50 Total Equity 66,580.35 TOTAL LIABILITIES 8~ EQUITY 66,580.35 Page 1 . Vail Chamber ~ Business Association PROFIT 8 LOSS April through June 2003 Expenses I. Fixtures and Equipment A. Computer $ - B. Copier & Fax $ - 11. Information Services C. Office Equipment Total A. Advertisin $ 334.41 $ 249.OC B. Internet/website $ 345.2C C. Or anization Dues $ - D. Newsletter $ 1.992.?7 N E. Pv1isceilaneous es T S - 97 586 $ 2 III. Operating Expenses o A. Rene , . S 3.OC.;.~~0 B. Remodel/Maintenance $ - C. Phone $ 2,431.0 D. Posta e $ 150.00 E. Office Su lies $ 649.16 F. Travel & Entertainment $ 25.00 G. Insurance $ 1,406.00 H. Accountin & Le al $ 3,431.25 . Miscellaneous To $ 483.87 -- IV. Personnel A. Salaries $ 18,664.45 B. Part Time Staff $ - C. Pa roll Taxes $ 4,591.44 D. Health Insurance $ 1,122.00 E. Workman's Comp $ - F. SkiiFarkir~q Pass S - To " $ V. Member Services A. Trainnq Speakers S - B. Monthl Meetin s $ 1,518.98 C. Premier Impressions $ 485.49 D. Misceiianeous Total Member Services S 457.05 $ 2,461.52 TOTAL EXPENSES $41,337.1 Q Income A. Town of Vail TQ $ 56,250.00 TOTAL EXPENSES $41.337.10 TOTAL INCOME $56,250.00 Inr~w.Q Over- ~(~n~i~r~ Ey~~~~~se ~~t~g12,96 3:09 PM VAIL CHAMBER 8c BUSINESS ASSOCIATION 09/29/03= ~ Balance Sheet Accrual Basis As of June 30, 2003 Jun 30, 03 ASSETS Current Assets Checking/Savings CHECKING-WESTSTAR -4,331.98 Total Checking/Savings -4,331.98 Total Current Assets -4,331.98 Other Assets COMPUTER 5,452.83 LEASEHOLD IMPROVEMENTS 6,083.75 OFFICE EQUIPMENT 3,001.88 Total Other Assets 14,538.46 TOTAL ASSETS 10,206.48 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Payroll Liabilities 3,943.59 Total Other Current Liabilities 3,943.59 Total Current Liabilities 3,943.59 Total Liabilities 3,943.59 Equity Opening Bal Equity -22,331.22 Retained Eamings 49,929.95 Net Income -21,335.84 Total Equity 6,262.89 TOTAL LIABILITIES 8 EQUITY 10,206.48 Page 1 09/21/2003 16:31 13033759426 LVW DENVER PAGE 06 LVW ELEC~'RU111IC5 5475 Peoria Street, Bldg. 3-I DQnver, CO $0239 PHONE: (303) 3'15-9414 FAX: 1303) 3'35-9426 ~'~CSII~I~L~ T~;~4NMI~T~L 'Y'O: Loreli Donaldson - mown of Vail Town Clerk PHONE: FAX: 970-479-2320 FROM : KENDALL MANGUN DATE : September 21, 2003 NLTi~ER Off' PAGES : s Dear Lorelei, Finally! Attached is the proposal for renovations and upgrades to the city council meeting room sound system. My sincere apologies for not being able to respond quicker. This was in no way a reflection on ray desire to provide you the proposal or the ability of our installation and service department to provide quick and timely installation/service. I actually think I ara beginning to get caught up! Please review the proposal and let me know what questions you may have, we are of course free to make any changes you feel may be fn your best interest. I will make myself available to attend any meetings that might help explain our ideas or answer any questions. Thanks again for your patience. Sin a e1 endall an 09!21/2003 16:31 13033759426 LVW DENVER PAGE 05 ..t< et ~~ II ~~irV l ~OIY(MV 1G40 Q+sai1 Lake ,tpp 6475 Peoria $trset p Bldg. 3 i/nft I Colortrdo Sprl,tige, CO 80908 Dsnaer CQ 8tr139 _ _ . _ _ x119) ~.gypp F,AT (719) 51aS933 (303) 373-9414 FAX (303) 376.9426 COMP1INY~ Town of Vail Septentbt~r 19, 2003 75 Soutlt Frontage Road ogre: Vail, CO 81657 PAGE: 1 Of 5 Lorelei bonaldsott E42652 NAME: ~~: PHONE: 970-479-2136 FAx: 970-479-2320 PI~ECT: City Council Room Sound System Renovation PROPOSAL: We propose to iumish the mabrlals and/or perform the work described bebtr. Town of Vail, City Council Room Sound System Renovation per attached "System Description" "Sill of Materials", "Tet7ms and Conditions". Total Material Cost ................................................................................................ $10,x}73.00 Tax on Material %? ............................................................................................. Not Included Non Taxable Expense ...................................................................................... $676.00 Shop wind On-Site Labor Cost ..................:.......................•----------------....------------....... ~4~472.00 Total Cost ........................................•--------..............---._...--..._..............................._ $15,621.00 "OPTION" Listening Assistance System, Base System, Total Cost Installed .................................. $788.50 "BID CLARIFICATIONS" ~.VW Electronics to provide a complete and operational system, training of all required persotinel as may be required, one year warranty of all new materials and installation, two sets of operations/maintenance manuals to include as built schematic drawings_ Nate: Replacement of existing owner's desl~ top microphones with proposed units pending owners approval of performance after trail period. Owner to provide electrical power as maybe required, timely access to facility, storage of required materials. Price excludes applicable taxes, permits, bid or perfarmance bands. LVW Electronics performance band rate, 12%. Labor rate does not reflect any established prevailing wage rate. TERMS ANO CC+ND171dNS: The unders~ned parries hereby agree tv the foregoing, to the terms and c°nditions on the reverse side hereof and atmc~emenrs- zinvoices net 30 sincerely LVW ELECTR NfCS t Salesman Contract Aocep~d: By: Company: Date: P_O. No.: 09/21!2003 16:31 13033759426 LVW DENVER PAGE 04 TOWN OF VAS CITX-COUNCII. ROOM SO[TNp SYSTEM Ii,ENOVATION BILL OF MATERIALS j~~ DESCRIPTION MFIi./MOD OTY- ~( MM O1 Desk Top Microphone Shure MX4l8A/S 21 W/Mute 02 Podium Microphone Shure 1V1~418/S O1 03 Diversity Wireless Mic Shure LX24/58 01 04 Remote Antenna 11~ount Shure WA503 01 OS Automatic Mic Mixer Shure SC1t~810 01 06 i Digital Signal Processor Shure D1rR11BQ 01 07 ~ Mixer Module RDL ST-MX3 01 08 Sub Mxer RDL RU M~5 01 09 Line/Mic Adaptor RDL TX LM2 41 10 Rack Mount Adaptor RDL RU RA,3A 01 11 Rack Mount Fill Panel RDL RU FP1 O1 12 Power Supply RDL PS24A O1 13 Floating Receptacle Box Whirlwind 8FXLRW09PRW lIM 01 14 Panel 1Viount Fan Fail Whirlwind W1CFW1266A 01 15 Equipment Cabinet .Lowell L265-42 01 16 Locking Perforated Door Lowell L2150-42PF O1 17 Blank Pattel Middle Atlantic EB-1 OS 18 Blank Panel Middle Atlantic EB-2 02 19 Blank Panel Middle Atlantic EB-3 O1 20 S `curity Cover Middle A.tlaz~tic SF-1 01 21 5~eaker done Control Panel Pro-Co Custom 01 22 Miscellaneous Connectors, Cables, Mounting Hardware Labels, Etc. As Required OPTION I~STENING ,A,SSISTANCE SYSTEM 23 Listening Assistance System Phonic Ear WV 1 OI Includes the following; (1) 560T transmitter, associated power supply, antenna, cables and co actors, and (4} tunable wide-band receivers with earbud. Av 'table options: 1~ea~ng aid induction loop and 16" cable .A,T0163 B-32/AT0543G-16, $52.65 each. Standard headset, ATH-P 1, $10.80 each. Additional receiver/s, PESOOR $85.00 each. LVW ElectronicslTown o£Vail; Sept. 18, 2003 09/21/2003 16:31 13033759426 LVW DENVER PAGE 03 TOWN Op' VA)(I. C)<TX COYJIVGTi. ROOM SOUND SYSTEM RENOVATION SYSTEM DESCItQ'Tl<ON A, renovation of the Town of Vail City Council Meeting Room sound reinforcement and logging system is proposed. A review of the existing systems performance was provided by various staff members together with an on site survey. Problems identified were complaints of poor or unintelligible sound quality by persons attending council meetings and with "meetings itt the round" formate, unintelligible logging tape records, cumbersome or inadequate setup for meeting in the round, and lack of adequate sound level prior to acoustic feedback. Poor performancc of the existing system is the result of various short comings, such as improper equipment for the application, improper installation and systems adjustment, and acoustical qualities of the room. We axe recommending renovating the system components and setup tlrst as any changes to the roam acoustics prior to proper system design and installations would be less productive. A.s a phased approach, once the system is properly installed it can be determined i£ further enhancement in performance are desired. We believe this first step will go a long way to eliminating the majority of deficiencies and complaints in system performance. It should be noted that far more sophisticated approaches can be taken as will be found in many council room installations. These involve concepts such as "mix minus" in which each microphone position is supplied with a loudspeaker wha's output is controlled automatically. This eliminates the need for overhead loudspeakers about the council table improving the system output level prior to acoustic feed back, and improved intelligibility for the mextnbers. This was not an issue identified as a problem in the existing arrangement. Such features can be added to the proposed system, but we have stopped short of this approach as iunplementing such changes would require a substantial investment. The following provides a description of the changes to be made with the various parts of the system. >t will be noted that a zaumber of existing components will be reused together with new equipment, engineered and installed for the facility uses and to address and correct the identified problems. MICR4P>;IONES New desk top microphones will replace the existing microphone and stand assemblies. The new units are designed specifically for the application, providing long, 18" extensions from the base unit, comfortably placing the microphone element closer to the speaker. Pickup pattern is designed to better reject sound from the back side, improving acoustic gain before feedback. Built into the base is a mute button allowing an individual to momentarily shut offthe microphone for cough or private conversation. 09/21/2003 16:31 13033759426 LVW DENVER PAGE 02 These same microphones provide exceptional performance in every hearing room, and chamber sound system in our Colorado State Capitol facility. ROUND TABLE MEETING FORMATE The current approach of using several wireless microphones for round table meetings is proving ine~eetive. There are not enough microphones for aU members, and the type of microphone is not optinuzed for this purpose. Anew system is provided to address these concerns. Eight additional desk top microphones, identical to those proposed for the council table, together with an additional automatic mixer dedicated to the round table set up, will be provided. The microphones and mixer will be linked to the house sound reinforcement system. An eight input portable receptacle box and attached multi-channel cable coiuiected to the sound system cabinet will provide a simple xneans far setting up the microphones. Otte channel of the existing logguig recorder will be dedicated to this system. Loudspeakers overhead of the round table will be shut oifby a newly created speaker zone control panel to reduce the problems of acoustic feedback. WIRELESS MIC1.tOPFiONES 1Wireless microphones currently being used for round table meetings will be replaced as described above..A. new hand held diversity wireless microphone system will be provided for use as maybe needed during guest presentations and audience questiosi/response. The new system provides the professional reliability o£ diversity design, and allows remote mounti~cig of antenuna outside the new metal equipment cabinet' AvTO~rATZC M1xirRS The two existing Shure SCM810 automatic microphone mixers will be reused, with a third unit provided for the round table meeting cyst ~ ~ ~p hone groups 1wi11 additionally b ~rou ed to th$ multi-channel automatic system, but sped p four channel logging recorder. ~I..OGGING RECORDER The sound system £eed to the existing four channel logging recorder will be revised to provide specific microphone channel assignments as £ollows. Channel one will be the eight town council table microphones, channel two will, be the audience forum podium and portable wireless microphones, channel three will be the side table town attorney/manager and~clerlc microphones, and channel four the round table microphones. Isolating these various microphone groups will improve the quality/intelligibility of the recordings as well as the ability to better identify the individual speaker. AMPLIFIER Loudspeakers in the existing system are designed to operate in a 70 volt distribution type system, but the existing UREI amplifier does not provide this type of output. We will provide the necessary step up transfoi7mers to adapt the unit to operate correctly with the loudspeaker load. The amplifier channels will then be setup to allow zoniuag specific loudspeakers in the room• 2 09!21/2003 16:31 13033759426 LVW DENVER PAGE 01 LOUDSPEAKERS The existing loudspeakers are not mounted correctly for the systems use and acoustics of the room. We propose to reuse them, but revise the mounting, pattern, and output levels to improve intelligibility, suppress unwanted reflections, sad improve levels prior to acoustic feedback A zone control panel will be provided to shut off particular loudspeakers during specific mozn cot~igurations_ CABINETS Anew fall metal, equipment cabinet with lacl~able front and rear access doors will be provided to house the system components, located adjacent to the existing wooden cabinet. The existing cabinet severely limites the ability to property install and service the system, and lacks the shielding provided by an all meta) enclosure, but can now be used for housing the logging recorder and storage of new muicrophones dedicated to the round table meetings. The cabinet can be provided in a range df colors to be selected by the owner, to compleraerit the room finish. 1NSTALLATION Cabling and components will be secured in a neat and professional fashion. All control settings yvill be marked as to norms! positions, microphone channels will be identified with matching labels affixed to microphones, and tamper proof security covers installed over critical coznpor~e~ats. Upon completion two copies of operationslmaintenance manual will be provided along with as- built schematic drawings. Training of proper system operation will be provided to all staff as rn-ay be required. New system components and installation will be warrantied for a period of one year from date of substantial completion. LVW Electrorucs/Tawn o£Vail; September 21, 2003 3 Memo 700 S. Frontage Road East Vail, Colorado 81657 970:479.2279 f 970.479.2197 To: Brian McCartne ,Vail Resorts Inc.; Ludwi Kurz, .Town of Vail y g www.vailreccom From:Nino Licciardi, Vail Recreation District CC: BiII Jensen, VRI;-Kara Heide, VRI; Dick Cleveland, TOV; Suzanne vAIL G°LF cLUB Silverthorn, TOV; Julie .Hansen, VRD; Diane Johnson, VRD 1778 Vail Valley Drive 479.2260 Date: 9/23/2003 f 479.2355 Re: New Year's Eve GOLF MAINTENANCE 1278 Vail Valley Drive 479.2262 . f 479.34x1 As a follow up to our discussion on Friday, September 19, 2003: FARK MAINTENANCE i It appears we all agree that a teen New. Years Eve Celebration in Vail is 700 S: Frontage Road East 47x.2457 an important and valuable event for local and visiting families and the f 47x.22s1 .businesses-that serve these families. VAIL TENNIS CENTER The Vail Recreation District, therefore, asks the Town of Vail and Vail 700 S. Frontage Road East 479.22x4 Resorts to join us in pledging an additional $1,600 each to ensure f 47x:22s1 adequate -funding to begin preparations for New Year's Eve 2004. J°IINa.D°BSONARENA The total cash et needed for the event is $19 200 A commitment of 321. Lionshead Circle 47x.2271 , . $1,600 from exc. Hof the partners would bring the total amount pledged, to f 47x.2267 date, to $1 hile efforts will continue to pursue the support of .Eagle County, Rotary, VVCTB, VCBA, the School District, and others, VAILYOUTHsERVICES planning for this event musf begin immediately which is why your pledge - 395 E. Lionshead circle 479.2292 , is so critical at this moment. This $4,800 will enable VRD Youth Services f 479.2s35 to begin signing contracts with entertainers and others to make this .event successful. VAIL NATURE CENTER Vail Valley Drive 479.22x1 ~ III be in touch with you shortly to follow up. Ln ~.D ~ f 479,3459 ~ "[6 ~~ Thank you for your commitment to our community,. I, pro ~~~ MARKETING e ~~ ~ U ~ ~~ 700 S. Frontage Road East 479:2446 (479.2197 ,,,_~- ~(}~ ~ ." ~ 81 Ib~ 't ~ ~~ 0~ `'~ ?~ Nino Licciardi = ~I (4, 906 AouLT & YOUTH sEORTS C h a i rm a n 70o s. Frontage Road East Vail Recreation District Board of Directors 479.2280 . f 479.2281 www.sportsstandings.com Or visit us on the web at: 1 www.vailrec.corn n 9-23-03; 3:53PM;E.C. COMMISSIONERS Vail. Town of ;970 328 8629 # 1/ i OFFICE OFTHE BOARD OF COMMISSIONERS (970)328-8605 FAX: (970)328-8629 TDD (970) 328-8797 Email: Eagleco@eagle-countycom www eagle-counry.com f~GL~ COUNTY Fax Memo re v~ ~ v~ c~ e,r ~ To: Town Councils Attn:. o Town Managers From: Eagle Board of County Commissioners Date: September 3, 2003 Re: Nominations for Citizen's Open Space Advisory Committee Number of pages with cover: The Eagle County Commissioners wish to solicit your nominations for the Citizen's Open Space Advisory Committee and have extended the deadline for your submissions. Your nominees must be full-time residents of Eagle County* and their names should be submitted to this office no later than October 15, 2003 for consideration. Please call Jack Ingstad with any questions. (328-8602) Thank you for your prompt attention to this request. *see attached resolution MICHAEL. L. GALIAGHER TQM C.STQNE ARN M. MENCONI ~1~5~' a Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado B 163 I -0850 1, t K 3~ September 22, 2003 J a y, Page A4 - Mond -- - ' lle =---winter athlete Vall Va y commiss~an tion~ :until sept. acce tang a}~plica ~u_.,~. ___. applicants must participate in inter- D.atL1' STAFF Rat~oRT ------ _-- - ~1e C01111111SS1011 national competition with compo- rients of scoring and ranking, have I ~ The Vail Valley 1-lhlete ~a~ ~tl 1~O1~eGl resided in the Vail Valley fora mini- Commission Program is accepting tions for this winter's distribu= li ~ 1~i©TO t~ian 10~ mum of three years, and must apply as an individual, rather -than as a ca app :tion of grants. The deadline is Sept. funds will be distributed by d at1l~e~eS S1nCe 1tS team. ' Vail Valley Athlete Commission - 26 an Now in its sixth year, the Vail 1 Nov 1nCC Lion in 1997. p program applications may -be picked . . Valley, Athlete Commission Program r~~ y to ni 4. ~,-~ ~~ ~~ -., up at the Vail Valley Foundation n and should be subrnit- A i p t is a method for the commu vide ~n'arrcial support for athletes yin that continued vo n offices Fo e o d 6 8 nA~ ` the Vail Valley.- ission has supported ; support for ~iihlet~• . onto the Olympics and World CuP 81 C O ~ al Courtney For more information call the Harris cflmm The ; i more- tTian 100 athletes ~ its d Events, officg is said. To be ell ible for consideration, . Vail Valle Foundation at 949-3999. y inception in 1997 and has rovide ~ i u,a.~, l o • (• ~3 ~~' o° ~ ~ ~ 5~0 . ~~ ~. ~~ s 2003 Vail Valley Athlete Commission Financial Report Name of Partner Amount Committed Balance to date 2003 Rollover unds $5056.84 Vail Valley Foundation $5,000 $10,056.84 Beaver Creek Resort $4,000 $14,056.84 Town of Vail $4,750 $18806.84 Vail Resorts $5,000 $23,806.84 Name of Athlete, Winter Funds Amount distributed Balance t° date $23,so6.s4 BJ A filar D Eric Archer ~ ~f 1500 Nathan Asoian ~, vDb Clair Bidez 7S'b Dylan Bidez b IoW • ~ Chris Del Bosco 0 Ross Herr 6 Cody Jenick a, 000 ~ Deacon Ross Maloney ~ ~' ~ Robert McKendry III Nt ( i U. ~' Josiah Middaugh VY, ~ k d Jonathan Morath Jimi Mortenson P^e l (k s Sarah Schleper ~ .~~6d0 Eden Serina ,~ 1,500 Sabrina Ste-Marie Q Rachel Van Sloun rK. p i0. Dawes Wilson '/5 Stt hU,l. ~ 7~0 Hyatt Reception bill $0.00 $0.00 BALANCE AVAILABLE: ~5~~ ' o~ (5,'154 500 i-f ~ Grt,~s~o 00 l~ ~ ~ uytit.C.r ~~7~'~r~` ~bOb es !f .~ ~ - U ~~ ~ ~4, S60 ~~ 2003-2004 Winter Funds 2003 Vail Valley Athlete Commission Financial Report Name of Partner Amount Committed Balance t~ Mate 2002 Rollover unds $1324.00 Vail Valley Foundation $5,000 $6,324 Beaver Creek Resort $4,000 $10,324 Town of Vail $4,750 $15, 074 Vail Resorts $5,000 $20,074 Name of Athlete, Winter Funds Amount distributed Balance to date $20074.00 Eric Archer $1000.00 $19074.00 Toby Dawson $3000.00 $16074.00 Chris Del Bosco $1000.00 $15074.00 Chad Fleischer $2000.00 $13074.00 Kevin Anton Hochtl $1250.00 $11824.00 Stacia Hookom $1500.00 $10324.00 Anita Ortiz $1000.00 $9324.00 Sarah Schleper $3000.00 $6324.00 *Clair Bidez $500.00 $5824.00 BALANCE AVAILABLE: $13750.00 $5824.00 Name of Athlete, Summer Funds Amount distributed Balzlnce to date $ss24.oo Christopher Jones $750.00 $5074.00 Chris Del Bosco $0.00 $5074.00 Breakfast $17.16 $5056.84 BALANCE AVAILABLE $5056.84 2003 Summer Funds VAIL VALLEY ATHLETE COMMISSION REPORT Winter 2003- 2004 ~.. ~~ ~ -. SJ Aguilar Powder 8's ,- $3,000 A e: 32 4th Place New England Powder 8 Championships, Jay Peak VA 9th Place National Powder 8's Bi Sk , MT Competitions Powder 8 World Championships, Blue River BC Planned for National Powder 8 Championships in Big Sky, MT 2003-2004 New En land Powder 8 Cham ionshi s Ja Peak, VT Eric Archer Skiercross/ Ultracross $5000 Aae 35 1, boo 2001 GBSC World Skiercross Overall Tour Cham ion 2002 1St Place, Paul Mitchell Ultracross, North Star, CA 2002 Silver Medal X-Games Ultracross 2002 1St Place Expert "A" Extreme Skiercross, Sunshine Village Canada 2003 1St Place SAAB/Solomon Crossmax Series, Makiska AB, CAN Competitions World Cup Skiercross: Tignes, FRA; Alpes d' lluez, FRA; Planned for 2003- Les Contamines, FRA; Pazza di Fassa, ITA; Laax, SUI; 2004 Spindleruy Mlyn, CZE; Naeba, Japan; Sestrieres/Olympic Region, ITA X-Games Qualifier, Sugarbowl CA ESPN Winter X-Games, Aspen CO US Freeskiin O en, Vail CO Nathan Asoian A e 18 Alpine Skiing $2500 I,DbO 2003 Member of US World Jr. Cham ionshi Team 29th in season lon NOR-AM Su er G Standin s 2002 17th and 18th at BC Su er Series Su er G 2002 19th at Le Massiff Quebec, CAN NOR-AM Su er G 2002 1St Overall DH, and SG Chevy Trucks Rocky/Central JR. Ol m ics Competitions planned for 2003-2004 World Alpine Jr. Championships Maribor SLO DH and SG, Cortinad Ampezzo, ITA DH and SG, Caterina Valfurua, ITA ~w~. \~~ ~^' ~~ 09/ 29/ 03 1 Clair Bidez Snowboarding $3,000 A e16 2003 1St Place S rin Massive Half i e, Breckenrid e 2002-2003 1St USSA West Re Tonal/jR Ol m is Half i e, Buttermilk 2002-2003 #1 all Halfpipes, #1 Triple Overall (open class) USASA Co er Series 2002-2003 USSR Grand Prix 16th Park City 20th Breckenridge 17th Finals 2002-2003 USASA JR National Team/USSA Chevy Truck JR Gold Team Competitions jR Worlds, CZE planned for All Grand Prixs 2003-2004 USSA Regionals Tri le Crown Events Dylan Bidez A "e 13 Snoboardng $2500 2003 1St in A e Grou ,USASA National Half i e, Sunda River 2003 1St USSR (12 and Under), 4th Halfpipe, West Regionals Boarder Cross, Snomass-Buttermilk 2003 1St Half i e 14 and Under Forum Youn blood, Co er 2002 Half i e Forerunner, USSA Grand Prix Finals, As en 2002 1St Half i es,1St Tri Ie Overall USASA Co er Series Competitions planned for 2003-2004 A11 Grand Prixs All USSA Regionals Chance for JR Worlds in CZ ~ ~ i UL ~ 5'OG ~ ~ Ud " Chris Del Bosco A e21 Skier .Cross $2,000 2002 Team CO: 15 To Skiers and Riders in State 2002 5th Place US Freeskiin O en, Vail, CO 2002 20th Place X-Games Skier Cross, As en CO 2002 6th Place World Ski and Snowboard Festival 2002 6th Place North American Freeskiin ,Kirkwood CA Competitions planned for 2004 US Free Ski Open, Vail CO X Games, Aspen CO World Ski and Snowboard Festival, Whistler BC ~~ ~~p \~. V~ 09/29/03 2 Ross Herr A e: 16 'Ski Racing $2,000 Rock Mountain All Stars Team 1St Place JIV Junior Ol m ics Prator Cu Rock Mountain Division Team, 5 ears 2002-2003 4th and 5th Place in JII Junior Ol m ics 7th in Nation, SG Rankin s Competitions Planned for 2003-2004 Alpine National Championships, Aleyeska Alaska Canadian Alpine Championships Mont Saint-Anne, Canada National J2 Ol m ics, Lake Placid NY Cody Jenick A e19 Alpine Ski Racing N/A 4 Year Member of CO All Star Team/Team CO 2000-2001, 2001- 2002, 2002-2003 1St Overall for J1/J2 Junior Olympics in BC 2000-2001 1St GS, Australian National Cham ionshi s 2001-2002 3rd Overall in Rock Mtn. Tro h Series Standin s 2001-2002 3rd Overall in'01-'02 Italian JR National Cham ionshi s Competitions Planned for 2003-2004 JR National Championships, Maribor, SLO Alpine (US) National Championships in Alyeska, Alaska Nor-AM Finals TBD, Canada Deacon Ross Snowboard Cross $5,000 Maloney ~~~ A e: 16 2003 4th Place SBX Youth Men, USSA Nationals, Sunday River ME 2003 2nd Place SBX (under 18) US Extreme Boarderfest, Crested Butte CO 2003 2nd Place (under 18) SBX, 9th SBXOverall, USSA Western Re ionals/Junior Ol m ics As en CO 2003 SSCV Male Athlete of the Year-13 and Over 2003 Gaynor Miller Leadership Award (SSCV athlete showing most leadershi Competitions US Snowboard Grand Prix, Mammoth CA Planned for FIS World Cup, Mt. Bachelor, OR 2003-2004 FIS South American Cu ,Valle Nevado Chile .~~ n~ ~^~~u 09/29/03 3 Robert McKendry Down Hill' N/A A e 33 Skateboards S eedbaardin 2002 Red Bull Downhill Challen e, Ca etown SA invite onl 2002 Hot Heels, Austria 60 m h course 2002 1St Overall, Extreme Downhill International Barrett Junction, CA 2002 Fastest Qualifier Bear Bay, BC 2nd Place Overall 2002 3rd Fastest Qualifier Top Challenge, Montreal 13th Place Overall Competitions Downhill Challenge Capetown, SA planned for 2004 Hot Heels Austria (TBA) Gravit Games TBA Josiah Middaugh Triathlon, Snowshoe Racing, Winter $3,000 A e 25 Triathlon 2002/2003 National Snowshoe Champion Traverse Cit , MI and Salt Lake Cit , UT 2002 USA National Amateur X-Terra cham ion, Lake Tahoe, NV 2002 World A e Grou Cham ion, X-Terra Maui, HI 2002 8th Place Pro Division X-Terra Central Championship, Ke stone CO 2002 9th Place Pro Division X-Terra East Championship, Richmond VA Competitions WinterTriathlon World Championship, TBA U1 planned for 2004 X-Terra Saipan Championship, Siapan X-Terra Off Road Triathlon World Cham ionshi ,Maui HI Johnathan Morath A e: 29' Powder 8's $3,000 4th Place at Ja Peak, Easter Powder 8's Cham ionshi 9th Place, Bi Sk National Powder 8's Cham ionshi Competitions Planned for 2003-2004 New England Powder 8's Championship, Jay Peak VT National Powder 8's Championship, Big Sky, MT World Powder 8's Cham ionshi s, Blue River, BC ~~W ~0 ~G~~ ~~ 09/29/03 4 Jmi Mortenson A e: 28 Mountain Bike $20,000 2003 29th World Championships XC Marathon, Lugano Switzerland 1St Place Duran o Ironhorse XC 5th Place XC La Ruta Race across Costa Rica 28th World Cu XC, Grouse Mtn. Canada 2 time defendin Cham ., 24hrs of Moab USA C clip 2003 National Team member Competitions Planned for 2003-2004 Race Across Costa Rica 24hrs. of Moab World Cup Cycle Cross, Koksi'de Bel ium Sarah Schleper A e: 24 Alpine Skiing $5,000 3, 6U6 2nd Place World Cu Slalom; Sestrieve, Ital 3rd Place World Cu GS, Semmerin ,Austria 1St Place US National GS, Jackson Hole WY 1St Place US National Slalom, Bi Mtn., Montana 2nd Place World JR Championships, Slalom, Schladming Austria Competitions Planned for 2003-2004 World Cup-Park City, UT World Cup-Maribor, Slovenia World Cu - Solden, Austria Eden Serina Alpine Snowboard Racing $4000 A e 28 2000 Silver Medal, Giant Slalom, USASA National Cham ionshi s, New Ham shire 2003 43rd Parallel Slalom, 52nd GS, Snowboard World Cham ionshi s, Austria 2001 49th GS, Snowboard World Cham ionshi s, Ital 2001 38th Parallel Slalom, 49th Parallel GS, World Cup Finals, Finland 2003 12th GS, 18th Slalom, US National Cham ionshi s, CO Competitions Snowboard World Cup, Whistler CAN, December 2003 Planned for Snowboard World Cup, Sapporo, Japan, Feb. 2004 2003-2004 Snowboard World Cup Finals, Bardonecchia, Italy, March 2004 o~` ~~ ~ a~ 09/29/03 5 Sabrina Ste-Marie Snowboarding $4,000 A e: 15 2003 2nd Place BX Open Women, USSA Western Regionals, ~ As en CO 2003 1St Place Slalom, USASA Nationals, Sunda River ME 2003 2nd Place BX, USASA Nationals, Sunda River ME 2003 2nd Place Slopestyle, USASA Nationals, Sunday River ME 2003 4th Place Half i e, USASA Nationals, Sunda River ME Competitions Grand Prix, Breckenridge CO & Salt Lake City UT Planned for Vans Triple Crown, Breckenridge CO 2003-2004 American Snowboard Tour, Mammoth CA & Steamboat CO 'Rachel Van Sloun A e 30_ Triathlon/Adventure Racing N/A 2002 1St Overall Female, Ultra Max Triathlon, Lake of the Ozarks, MO 2003 6th in A e Grou , Ironman, Idaho 2003 7th in A e Grou ,Utah 1/z Ironrnan, Provo UT 2002 1St Overall Female, Desert Sun 1/2 Ironman, Grand junction CO 2002 9th in A e Grou , CA 1h Ironman, Oceanside CA Competitions Planned for 2004 12/03- Mild Seven Outdoor Quest, Borneo, Malaysia 5/04-Hualtulco 1h Ironman, Haultulco, Mexico Dawes Wilson A` e: 50 Nordic Skiing $2,000 '15(7 2002 10th Place A e Grou ,World Masters, Quebec Canada 2000 3rd Place Overall Snow Mt. Stam ede 1989-1990 1St Place Ultra Marathon Coureur du Bois Colorado 1997 Record Holder As en to Vail Nonsto Competitions Planned for 2003-2004 World Masters, Lilihammer, Norway Grand Elk Traverse Crested Butte to Aspen Snow Mt. Stam ede ~.~~e,, w ~ nso 'o'ff ~,• 09/29/03 6 In E~ail, having fun is a way of life. It's a concept ~Ne live by and want a U ~ ~ to share with our guests. For this a g n = reason, Vail has defined seven core guest service values in the HAVE FUN acronym. - ello to everyone Y ~~ ttitudes that are positive ~- 4 alue every guest c ~-~:~-:' ducated, knowledgeable se~wice ~, ~ (n N Q ~ } r riendly experiences o ._ ~' ~~~ m w~~~ ~~=~x Itimate impressions- ~~ ~ 000 thank .you! a ~ '~ o ~ V ~ U R - - ~- - u ~~ 0.1 in the minds of guests > > N 0 ~ N O ~ N ~~ Q ~ tti^^ VJ W a ~~~ mho a~ u "~ .~~> ~~ UN If a Vail employee made your day special, return the favor. Submit a P~~~I~nl~er ~r~~~a~ee VAIL PREM/ER IMPRf55/ONS ~~, ~~~ ~~~~~~ ~ ~ The Premier Employee Award .rewards Vail. employees who ._ provide outstanding guest service. Any employee working within Vail or on Vail Mountain is eligible to to be nominated. Recipients are selected on a monthly basis and receive a $25 gift certificafie, compliments of Vail Mountain. Recipients also are entered into an end-of-season drawing for prizes such as $5,000 cash, a Vail Resorts season pass and more! Guests and supervisors are encouraged to nominate a deserving Vail employee. If a, Vail employee helped you HAVE' PUN, nominate them as a Premier Employee today. Look for a full listing of Vail's Premier Employees in the Vail Daily or at www.vailchamber.org. Nominate a deserving Vail ~,~~,~~~,~ employee now! Return your completed nomination to the Vail Chamber & Business Association located in the Vail Transportation Center, or by fax to 970-477-0079. Additional nomination forms are available at www.vailchamber.org or by calling (970)477-0075. Nominee's Name: (Must be employed by a Vail business) Business Name: Your Nam Your Address: Date: Your Phone #: (We do not release or use your information for solicitation purposes.) Are you a: Guest _ Supervisor/Owner _ Vail Valley Resident Based upon your overall experience in Vail, do you plan to return in the future? _ Would you recommend Vail as a vacation experience to family and friends? Did the Employee: (check the following.) _ Say Hello? _ Provide Friendly service? _ Have a positive Attitude _ Say thank you, leaving an Ultimate impression? _ Value you or someone else? _ Provide No. 1 service? Provide Educated service? Please describe how this nominee created a memorable experience for you or another Vail guest: Thank you for recognizing Vail`s outstanding employees. a{; j.~ - ~ * ... 1/~1~ ' Vad i '`r ~2'' Chamber ~~~ & ;'i ~` j4 i~Qii-3OO1 Business t~C,,~.'i/~.+1~~ 9 Association VAILUALLEY 'tr,tit,t~cr~t~~fa~z TOWN~ri yA1L ~ CHAMaER 6 TOURISM ~ ~ , ~ ~ ~ C 9UREPU r i K.a.~, ~ ~• t• ~~ 2003 Vail Valley Athlete Commission Financial Re ort Name of Partner Amount Committed Balance to date 2003 Rollover unds $5056.84 Vail Valley Foundation $5,000 $10,056.84 Beaver Creek Resort $4,000 $14,056.84 Town of Vail $4,750 $18806.84 Vail Resorts $5,000 $23,806.84 Name of Athlete, Winter Funds Amount distributed Balance to date $23,806.84. BJ A filar d Eric Archer l ~ (5D0 Nathan Asoian ~, vDb Clair Bidez hs'b Dylan Bidez b -lbW • ~( Chris Del Bosco d Ross Hen 6 Cody Jenick a, 000 ~ Deacon Ross Malone b ~' ~ Robert McKen III Nt ~ i U. ~' Josiah Middaugh v'c - k ~ Jonathan Morath Jimi Mortenson 1^~ l i k s Sarah Schle er ~ .~'~Bfrb Eden Serina ,~ 1,500 Sabrina Ste-Marie Q Rachel Van Sloun ~ Gl Dawes Wilson yS Sft (~G,l. ~C9 7~0 Hyatt Rece tion bill $0.00 $0.00 BALANCE AVAILABLE: '~~~ `boo ~~ ~~5~,. ~~~'" ~ ~~ ~ (5, hSd 500 i-~ ~ ~,~ ~~„ ~bv~~~,`~es ~~' _ 0 ~ ~4, 6b0 .N~.~-~' 2003-2004 Winter Funds 2003 Vail Valley Athlete Commission Financial Report Name of Partner Amount Committed Balance to date 2002 Rollover unds $1324.00 Vail Valley Foundation $5,000 $6,324 Beaver Creek Resort $4,000 $10,324 Town of Vail $4,750 $15, 074 Vail Resorts $5,000 $20,074 Name of Athlete, Winter Funds Amount distributed Balance to date $20074.00 Eric Archer $1000.00 $19074.00 Tob Dawson $3000.00 $16074.00 Chris Del Bosco $1000.00 $15074.00 Chad Fleischer $2000.00 $13074.00 Kevin Anton Hochtl $1250.00 $11824.00 Stacia Hookom $1500.00 $10324.00 Anita Ortiz $1000.00 $9324.00 Sarah Schle er $3000.00 $6324.00 *Clair Bidez $500.00 $5824.00 BALANCE AVAILABLE: $13750.00 $5824.00 Name of Athlete, Summer Funds Amount distributed Balance to date $s824.o0 Christopher Jones $750.00 $5074.00 Chris Del Bosco $0.00 $5074.00 Breakfast $17.16 $5056.84 BALANCE AVAILABLE $5056.84 2003 Summer Funds VAIL VALLEY ATHLETE COMMISSION REPORT Winter 2003- 2004 BJ Aguilar 'Powder 8's $3,000 A e 32' 4th Place New England Powder 8 Championships, Jay Peak VA 9th Place National Powder 8's Bi Sk , MT Competitions Powder 8 World Championships, Blue River BC Planned for National Powder 8 Championships in Big Sky, MT 2003-2004 New En land Powder 8 Cham ionshi s Ja Peak, VT Eric Archer Skiercross/ Ultracross $5000 A e 35 ! D00 2001 GBSC World Skiercross Overall Tour Cham ion 2002 1St Place, Paul Mitchell Ultracross, North Star, CA 2002 Silver Medal X-Games Ultracross 2002 1St Place Expert "A" Extreme Skiercross, Sunshine Village Canada 2003 1St Place SAAB/Solomon Crossmax Series, Makiska AB, CAN Competitions World Cup Skiercross: Tignes, FRA; Alpes d' lluez, FRA; Planned for 2003- Les Contamines, FRA; Pazza di Fassa, ITA; Laax, SUI; 2004 Spindleruy Mlyn, CZE; Naeba, Japan; Sestrieres/Olympic Region, ITA X-Games Qualifier, Sugarbowl CA ESPN Winter X-Games, Aspen CO US Freeskiin O en, Vail CO Nathan Asoian A e 18 Alpine Skiing ` $2500 i~!?b0 2003 Member of US World Jr. Cham ionshi Team 29th in season lon NOR-AM Su er G Standin s 2002 17th and 18th at BC Su er Series Su er G 2002 19th at Le Massiff Quebec, CAN NOR-AM Su er G 2002 1St Overall DH, and SG Chevy Trucks Rocky/Central JR. Olmics Competitions planned for 2003-2004 World Alpine Jr. Championships Maribor SLO DH and SG, Cortinad Ampezzo, ITA DH and SG, Caterina Valfurua, ITA 09/29/03 1 `~ \~ V'" ~`~ -. Clair Bdez Snowboardng $3,000' A e16 2003 1St Place S rin Massive Half i e, Breckenrid e 2002-2003 1St USSA West Re 'onal/JR Ol m is Half i e, Buttermilk 2002-2003 #1 all Halfpipes, #1 Triple Overall (open class) USASA Co er Series 2002-2003 USSR Grand Prix 16th Park City 20th Breckenridge 17th Finals 2002-2003 USASA JR National Team/USSA Chevy Truck JR Gold Team Competitions JR Worlds, CZE planned for All Grand Prixs 2003-2004 USSA Regionals Tri le Crown Events Dylan Bdez A e13 Snoboarding $2500 2003 1St in A e Grou ,USASA National Half i e, Sunda River 2003 1St USSA (12 and Under), 4th Halfpipe, West Regionals Boarder Cross, Snomass-Buttermilk 2003 1St Half i e 14 and Under Forum Youn blood, Co er 2002 Half i e Forerunner, USSA Grand Prix Finals, As en 2002 1St Half i es,1St. Tri le Overall USASA Co er Series Competitions planned for 2003-2004 All Grand Prixs All USSA Regionals Chance for JR Worlds in CZ ~ ~ ~ i fsG ~ 5"OG - ~ ~ Ud " Chris Del Bosco A e21 Skier Cross. $2,000 2002 Team CO: 15 To Skiers and Riders in State 2002 5th Place US Freeskiin O en, Vail, CO 2002 20th Place X-Games Skier Cross, As en CO 2002 6th Place World Ski and Snowboard Festival 2002 6th Place North American Freeskiin ,Kirkwood CA Competitions planned for 2004 US Free Ski Open, Vail CO X Games, Aspen CO World Ski and Snowboard Festival, Whistler BC ~~ _~ 09/29/03 2 Ross Herr A e: 16 Ski Racing $2,OQ0 Rock Mountain All Stars Team 1St Place JIV Junior Ol m ics Prator Cu Rock Mountain Division Team, 5 ears 2002-2003 4th and 5th Place in jII Junior Ol m ics 7th in Nation, SG Rankin s Competitions Planned for 2003-2004 Alpine National Championships, Aleyeska Alaska Canadian Alpine Championships Mont Saint-Anne, Canada National J2 Ol m ics, Lake Placid NY Cody Jenck A e19 Alpine Ski-Racing N/A 4 Year Member of CO All Star Team/Team CO 2000-2001, 2001- 2002, 2002-2003 1St Overall for J1/J2 Junior Olympics in BC 2000-2001 1St GS, Australian National Charn ionshi s 2001-2002 3rd Overall in Rock Mtn. Tro h Series Standin s 2001-2002 3rd Overall in'01-'02 Italian JR National Cham ionshi s Competitions Planned for 2003-2004 jR National Championships, Maribor, SLO Alpine (US) National Championships in Alyeska, Alaska Nor-AM Finals TBD, Canada Deacon Ross Snowboard' Cross $5,000 Maloney ~ A e:16 2003 4th Place SBX Youth Men, USSA Nationals, Sunday River ME 2003 2nd Place SBX (under 18) US Extreme Boarderfest, Crested Butte CO 2003 2nd Place (under 18) SBX, 9th SBXOverall, USSA Western Re 'onals/Junior Ol m ics As en CO 2003 SSCV Male Athlete of the Year-13 and Over 2003 Gaynor Miller Leadership Award (SSCV athlete showing most leadershi Competitions US Snowboard Grand Prix, Mammoth CA Planned .for FIS World Cup, Mt. Bachelor, OR 2003-2004 FIS South American Cu ,Valle Nevado Chile .~v~"' ~~~u 09/29/03 3 'Robert McKendry Down Hill N/A A e 33 Skateboardn S :eedboardin 2002 Red Bull Downhill Challen e, Ca etown SA invite onl 2002 Hot Heels, Austria 60 m h course 2002 1St Overall, Extreme Downhill International Barrett Junction, CA 2002 Fastest Qualifier Bear Bay, BC 2nd Place Overall 2002 3rd Fastest Qualifier Top Challenge, Montreal 13th Place Overall Competitions Downhill Challenge Capetown, SA planned for 2004 Hot Heels Austria (TBA) Gravi Games TBA Josiah Middaugh Triathlon, Snowshoe Racing, Winter $3,000 A e 25 Triathlon 2002/2003 National Snowshoe Champion Traverse Ci , MI and Salt Lake Ci , UT 2002 USA National Amateur X-Terra Cham ion, Lake Tahoe, NV 2002 World A e Grou Cham ion, X-Terra Maui, HI 2002 8th Place Pro Division X-Terra Central Championship, Ke stone CO 2002 9th Place Pro Division X-Terra East Championship, Richmond VA Competitions WinterTriathlon World Championship, TBA (,V planned for 2004 X-Terra Saipan Championship, Siapan X-Terra Off Road Triathlon World Cham ionshi ,Maui HI Johnathan Morath A e:29 Powder 8's •- $3,000 4th Place at Ja Peak, Easter Powder 8's Cham ionshi 9th Place, Bi Sk National Powder 8's Cham ionshi Competitions Planned for 2003-2004 New England Powder 8's Championship, Jay Peak VT National Powder 8's Championship, Big Sky, MT World Powder 8's Cham ionshi s, Blue River, BC ~~w ~0 ~~;~ ~~ 09/29/03 4 Jim Mortenson A er 28 Mountain Bike. $20,000 2003 29th World Championships XC Marathon, Lugano Switzerland 1St Place Duran o Ironhorse XC 5th Place XC La Ruta Race across Costa Rica 28th World Cu XC, Grousse Mtn. Canada 2 time defendin Cham ., 24hrs of Moab USA C clin 2003 National Team member Competitions Planned for 2003-2004 Race Across Costa Rica 24hrs. of Moab World Cu C cle Cross, Koksi'de Bel 'um Sarah Schleper A e: 24 Alpine Skiing $5,000 3~b~6 2nd Place World Cu Slalom; Sestrieve, Ital 3rd Place World Cu GS, Semmerin ,Austria 1St Place US National GS, Jackson Hole WY 1St Place US National Slalom, Bi Mtn., Montana 2nd Place World JR Championships, Slalom, Schladming Austria Competitions Planned for 2003-2004 World Cup-Park City, UT World Cup-Maribor, Slovenia World Cu - Solden, Austria Eden Serina Alpine Snowboard Racing $4000 A e 28 2000 Silver Medal, Giant Slalom, USASA National Cham ionshi s, New Ham shire 2003 43rd Parallel Slalom, 52nd GS, Snowboard World Cham ionshi s, Austria 2001 49th GS, Snowboard World Cham ionshi s, Ital 2001 38th Parallel Slalom, 49th Parallel GS, World Cup Finals, Finland 2003 12th GS, 18th Slalom, US National Cham ionshi s, CO Competitions Snowboard World Cup, Whistler CAN, December 2003 Planned for Snowboard World Cup, Sapporo, Japan, Feb. 2004 2003-2004 Snowboard World Cup Finals, Bardonecchia, Italy, March 2004 ~o~ .~ a~ 09/29/03 5 Sabrina Ste-Marie Snowboardng $4.,000 A e: 15 2003 2nd Place BX Open Women, USSA Western Regionals, As en CO 2003 1St Place Slalom, USASA Nationals, Sunda River ME 2003 2nd Place BX, .USASA Nationals, Sunda River ME 2003 2nd Place Slopestyle, USASA Nationals, Sunday River ME 2003 4th Place Half i e, USASA Nationals, Sunda River ME Competitions Grand Prix, Breckenridge CO & Salt Lake City UT Planned for Vans Triple Crown, Breckenridge CO 2003-2004 American Snowboard Tour, Mammoth CA & Steamboat CO Rachel Van Sloun A e 30 Triathlon/Adventure Racing N/A 2002 -1St Overall Female, Ultra Max Triathlon, Lake of the Ozarks, MO 2003 6th in A e Grou , Ironman, Idaho 2003 7th in A e Grou ,Utah 1/2 Ironman, Provo UT 2002 1St Overall Female, Desert Sun 1/2 Ironman, Grand Junction CO 2002 9th in A e Grou , CA 1h Ironman, Oceanside CA Competitions Planned for 2004 12/03- Mild Seven Outdoor Quest, Borneo, Malaysia 5/ 04-Hualtulco 1/2 Ironman, Haultulco, Mexico Dawes Wilson A e: 50 Nordic Skiing $2,000 '15n 2002 10th Place A e Grou ,World Masters, Quebec Canada 2000 3rd Place Overall Snow Mt. Stam ede 1989-1990 1St Place Ultra Marathon Coureur du Bois Colorado 1997 Record Holder As en to Vail Nonsto Competitions Planned for 2003-2004 World Masters, Lilihamrner, Norway Grand Elk Traverse Crested Butte to Aspen Snow Mt. Stam ede oS-~~t~JU,~w Ul-~ also ' o'~ ~,• 09/29/03 6