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HomeMy WebLinkAbout2003-12-16 Support Documentation Town Council Evening Sessionr Vail Town Council Chambers Evening Meeting Schedule for Tuesday, December 16, 2003 VAIL LOCAL MARKETING DISTRICT (VLMD) MEETING AGENDA TUESDAY, DECEMBER 16, 2003 6:00 P.M. VAIL TOWN COUNCIL CHAMBERS 1. Beth Slifer A. VLMD quarterly update to include an abbreviated Longwoods summer 2004 marketing presentation (30 min.) B. Resolution No. 1, Series of 2003, a resolution adopting an amended budget and making appropriations to pay the revised costs, expenses, and liabilities of the Vail LocalMarketing District for its fiscal year January 1, 2003 through December 31, 2003 (5 min.) C. Resolution No. 2, Series of 2003, a resolution adopting a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2004 through December 31, 2004 (10 min.) ACTION REQUESTED OF COUNCIL: Sitting as the Vail Local Marketing District, Council is requested to approve both resolutions - to amend the 2003 Budget and to adopt the 2004 Budget. BACKGROUND RATIONALE: Lodging tax receipts for the third quarter of 2003 were received at the end of November. Year-to-date. receipts are down from last year and from budget. It is unlikely that the shortfall will be made up in the fourth quarter and VLMD has identified spendinq~ reductions to offset this shortfall. Also, on September 16t ,the Vail Town Council requested that the VLMD fund the Pro Cycling .Tour for $30,000 in 2003 and $50,000 in 2004. Council unanimously approved a motion by Greg Moffet to forgive a portion of the VLMD's working capital loan from the Town to the extent of the Pro Cycling Tour funding. Resolution No. 1 to amend the 2003 budget reflects both of these items and reduces 2003 appropriations from $1,900,000 originally budgeted to $1,854,047. VLMD presented a 2004 proposed marketing plan September 16th. Since that time, the above-mentioned revenue shortfall has been identified and the budget proposal supporting the marketing plan has been modified accordingly. The 2004 Pro Cycling Tour funding and resulting reduction in loan balance has also been ~- reflected. Resolution No. 2 includes a total appropriation of $1,541,000. STAFF RECOMMENDATION: Approve both resolutions. CONVENE AS VAIL TOWN COUNCIL, 6:45 P.M. VAIL TOWN COUNCIL EVENING MEETING AGENDA 6:45 P.M. Tuesday, December 16, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council wilt consider an item. 1 • ITEM/TOPIC: Citizen Participation (5 min.) 2. Lorelei Donaldson ITEMITOPIC: Consent Agenda A. Approval of the Nov. 4 Evening Meeting Minutes, Nov. 11 Special Meeting Minutes, and Nov. 18 Evening Meeting Minutes (5 min.) B. Appointment of four prospective appointees as judges for the Special Municipal Election to be held Tuesday, January 27, 2004 (5 min.) Vi Brown Holiday (Holly) Cole Karen Morter Summer Holm C. Appointment of three Vail Local Marketing District Advisory Council (VLMDAC) Members: (5 min.) • Andrew Karow • Ken Friedman • Steve Rosenthal 3. Bill Jensen ITEM/TOPIC: Vail's New Dawn Marketing Plan (15 min.) 4. Sybil) Navas ITEM/TOPIC: Introduction of 2003/2004 Vail Youth Ambassadors, Patrick Scanlan and McClees Stephens. (5 min.) 5. Russ Forrest ITEM/TOPIC: Authorize a cooperation agreement between the Town of Vail and the Vail Reinvestment Authority (5 min.) ACTION REQUESTED OF COUNCIL: Approve or amend the above cooperation agreement BACKGROUND RATIONALE: On November 4, 2003 the Vail Town Council approved of resolution #12, Series of 2003 which created the Vail Reinvestment Authority and which appointed the Vail Town Council as the governing board for the authority. The next step is to take the necessary steps to create an independent Authority. STAFF RECOMMENDATION: Approve of the above mentioned agreement 6. Rod Slifer ITEM/TOPIC: Conference Center Update (5 min.) 7. Nino Licciardi ITEM/TOPIC: Request to Proceed Through the Process by the .Vail Recreation District to Renovate and/or Re-construct the Vail Golf Course Club House (15 min.) 8. Greg Moffet ITEM/TOPIC: Red Sandstone multi-purpose recreation facility update (15 min.) 9. Bill Gibson (TEM/TOPIC: First Reading of Ordinance No. 33, Series of 2003, an ordinance amending Sections 12-6A-3, 12-66-3, 12-6C-3, 12- 6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, and 12-61-3, Vail Town Code, to allow a funicular and other similar conveyances as a conditional use in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) Districts, and setting for details in regard thereto (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 33, Series of 2003, on first reading. BACKGROUND RATIONALE: On November 10, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. On December 2, 2003, the Town Council voted 6-0 to table the first reading of Ordinance No. 33, Series of 2003, to December 16, 2003. 10. Matt Mire ITEMITOPIC: First Reading of Ordinance 37, Series of 2003, an ordinance amending Title 7, Chapter 2, of the Vail Town Code; allowing for an automatic reduction of points assessed for certain traffic offenses; and setting forth details in Regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with Amendments, Deny. BACKGROUND RATIONALE: The Municipal Court has requested that a provision be included in the Town Code to allow for an automatic point reduction for certain traffic infractions, when a plea is made and the fine paid before the scheduled appearance date. This will reduce the Court case load in conjunction with the reduced Court schedule. STAFF RECOMMENDATION: Approve, Approve with Amendments, Deny Ordinance No. 37, series 2003. An ordinance to amend the traffic code -plea amendment for traffic tickets. 11. Matt Genett ITEM/TOPIC: ITEM/TOPIC: Second Reading of Ordinance No. 32, Series of 2003. An ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase I, to allow for 2,132 sq ft of GRFA for a new residence to be located above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located on the second floor of the restaurant, and making it part of the new proposed residence, which will encompass a modified third floor as well, in accordance with Chapter 12-9A-10, Vail Town Code, and setting forth details in regard thereto (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2003, on first reading. BACKGROUND RATIONALE: On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously approved the applicant's proposal, with one condition related to parking for the new residential unit, which i:he applicant has met. On July 15, 2003, the Design Review Board unanimously approved the applicant's proposal. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 32, Series of 2003, on second reading. 12. Bill Gibson ITEMJTOPIC: Second Reading of Ordinance No. 34, Series of 2003, a proposed zone district boundary amendment to rezone' Eagle River Water and Sanitation District properties, located at 846 West Forest Road, from Outdoor Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 34, Series of 2003, on second reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed zone district boundary amendment. 13. Warren Campbell ITEMITOPIC: Second Reading of Ordinance No. 35, Series of 2003, a proposed zone district boundary amendment to rezone the Lionshead tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and to rezone the ski-way from Agriculture and Open Space zone district to Outdoor Recreation zone district, located at 615 West Forest Road/unplatted (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 35, Series of 2003, on second reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed zone district boundary amendments. On December 2, 2003, the Town Council voted 7-0 to approve Ordinance No. 35, Series of 2003, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 35, Series of 2003, on second reading. Second Reading of Ordinance No. 35, Series of 2003, a proposed zone district boundary amendment to rezone the Lionshead tennis court site from Agriculture and Open Space zone district to Two-Family Primary/Secondary zone district and to rezone the ski-way from Agriculture and Open Space zone district to Outdoor Recreation zone district, located at 615 West Forest Road/unplatted. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 35, Series of 2003, on second reading. 14. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 36, Series of 2003, an ordinance amending Section 12-7H-5, conditional uses; generally (on all levels of a building or outside a building), Vail Town Code, to amend the list of conditional uses and allow single- family residential dwellings and two-family residential dwellings as a conditional use in the Lionshead Mixed Use-1 zone district; amending Section 12-16-7, use specific criteria and standards, to add four use specific criteria to be used in the evaluation of a conditional use permit request for single-family and two-family residential dwellings in the Lionshead Mixed Use - 1 zone district, and setting forth details in regard thereto (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 36, Series of 2003, on second reading. BACKGROUND RATIONALE: On November 10 and 24, 2003, the Planning and Environmental Commission held public hearings to discuss the proposed text amendments. Following discussion of the amendment, and revisions made to the proposal in response to input provided by the public and the Commission, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. A more complete description of the proposed text amendment and a copy of the proposed amending ordinance have been attached for reference. On December 2, 2003, the Town Council voted 7-0 to approve Ordinance No. 36, Series of 2003, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 36, Series of 2003, on second reading. 15. Stan Zemler ITEMITOPIC: Town Manager's Report. (10 min.) 16. Adjournment (9:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JANUARY 6, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JANUARY 6, 2004, 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. `~(tC,6ft.t. ~u- ~~~ ~ r l ~rArf Ab~of ~-~ ~ ~ 1' ORDINANCE NO. 32 ~=~ ~~~~~ Series of 2003 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT ABOVE THE RESTAURANT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 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 June 9, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Design Review Board of the Town of Vail held a public hearing on July 15, 2003, to consider the related design review application in accordance with the provisions of the Town Code of the Town of Vail and voted unanimously to approve the application; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, Vail Village Inn, Phase 1, complies with the review 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. 6, Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and Ordinance No. 32, Series 2003 S WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VA{L, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 32, Series of 2003,. is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Chapter 12-9A-10 of the Vail Town Code. The "underlying" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) 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. 6, Vail Village Inn, Phase 1. 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. 6 Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Ordinance No. 32, Series 2003 2 Development District No. 6, Vail Village Inn, Phase 1, 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 No. 6 Vail Village Inn, Phase 1 Development Plan - The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated May 27, 2003, and stamped approved by the Town of Vail, dated June 9, 2003: a. A200. Lower Level Plan b. A201. Levels 1 & 2, Floor Plan c. A202. Level 3 Floor Plan d. A203. Levels 4 & 5 Floor Plan e. A204. Roof Plan f. A301. North & South Building Elevations g. A302. East & West Building Elevations h. A401. Longitudinal Building Sections Density-Number of Units - The number of units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall not exceed the following: Ordinance No. 32, Series 2003 3 Dwelling Units - 2 Density -Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA - 6,100 Square Feet Density -Commercial Floor Area - The total commercial square footage units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall not exceed the following: Commercial Square Footage - 15,430 Square Feet Parking and Loading - The total number of parking spaces required in Special Development District No. 6, Vail Village Inn, Phase 1, shall include two deed restricted parking spaces located within Special Development District No. 6 for the new residential dwelling unit. Section 5. Approval Agreements for Special Development District No. 6, Vail Village Inn, Phase I No demolition, building or construction permit based on this Ordinance shall be issued until and unless the applicant is able to demonstrate the consent of the requisite owners and lien holders permitting the amendment of the condominium map and declaration consistent with the intended modifications to the subject .property. 2. In the event the foregoing condition is not satisfied within two years of the effective date of this Ordinance, then this Ordinance shall be of no effect, and the uses permitted within Special Development District No. 6 shall be unaffected by the provisions of this Ordinance. Ordinance No. 32, Series 2003 4 Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 7. 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 8. 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. READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2003. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 32, Series 2003 cJ ~ irr.-~- « cc~ c ~,~-~,~~ # 3 S AGREEMENT ESTABLISHING RESTRICTIVE COVENANTS This Agreement Establishing Restrictive Covenants is made by Vail Resorts, Inc., doing business as the Vail Corporation, as the owner of Tract X, according to the plat of Forest Court Subdivision, Eagle County, Colorado, ("Vail Resorts") for the benefit of David P. Ransburg and Alexandra L. Ransburg, the owners of Lot 5, Block 4, Vail Village 3rd Filing, and the John W. Jordan II Revocable Trust, the owner of Lot 1, Block 2, Vail Village 6th Filing, being the owners of those properties adjacent to the real property described on Exhibit A hereto (the subject property being the "Low-Impact Recreation Property" and the adjacent properties being the "Adjacent Properties") and which is the subject of these covenants. The term "Owners," wherever used herein, any pronoun used in place thereof, shall include, respectively, these adjacent owners and their successors, and assigns, or upon subsequent transfer of any of the Adjacent Properties, the transferee of such Adjacent Properties. Recitals Whereas, Vail Resorts, Inc., doing business as "The Vail Corporation," is the sole owner in fee simple of certain real property in the Town of Vail, Eagle County, State of Colorado, more particularly described on Exhibit A; and Whereas, Owners are the owners of properties which are adjacent to the Low-Impact Recreation Property; and Whereas, the use of the Low-Impact Recreation Property in the manner currently permitted under proposed Outdoor Recreation zoning could impact the Adjacent Owners in a manner not desired by either Vail Resorts or the Owners; and Whereas, for good and valuable consideration to Vail Resorts, Vail Resorts hereby agrees to establish and does establish the restrictive covenants contained herein on the Low-Impact Recreation Property as set forth in this Agreement, in order to preserve and protect the values of the Low-Impact Recreation Property and the Adjacent Properties. Agreement NOW, THEREFORE, the parties agree as follows: Purpose. It is the purpose of this Agreement to assure that the Low-Impact Recreation Property will be available for use in the manner used in the past for skiing, snowboarding, hiking, bicycling, and for maintenance and construction access to adjoining properties, while limiting the use of the Low-Impact Recreation Property for uses creating greater impact on the Adjacent properties. 2. Prohibited Uses. The area of Tract X identified as "Low-Impact Recreation Property" on the attached Exhibit A shall not be used for the location of above-ground buildings or structures, with the exception of lift facilities and other non-habitable structures related to recreational use of Tract X, including skiing, snowboarding, hiking and bicycling, and maintenance and construction access to adjoining properties, and shall not be used commercially for activities other than those in the nature of or directly related to passage for skiing, snowboarding, hiking, bicycling and similar recreational activities. 3. Term; Covenants Running with the Land. These covenants, conditions, reservations and restrictions shall operate as covenants running with the land described herein for the benefit and/or burdening that land and binding Vail Resorts and the Owners and their successors in interest to that land, and shall bind and remain in full force and effect in perpetuity, unless an instrument repealing or amending said covenants, conditions, reservations and restrictions signed by Vail Resorts and the Owners, or their then-current successors in interest in the subject land, as hereinafter provided with reference to "Amendment" has been recorded in the office of the Eagle County Clerk. The term "Owners," ~~herever used herein, any pronoun used in place thereof, shall include, respectively, the Owners and their successors, and assigns, or upon subsequent transfer of any of the Adjacent Properties, the transferee of such Adjacent Properties. 4. Enforcement: Any deed, lease, conveyance, or contract made in violation of this Agreement shall be void and maybe set aside on petition of one or more of the Owners. The breach of any term or condition of this Agreement, or the continuance of any breach, maybe enjoined, abated, or remedied by appropriate proceedings by Vail Resorts or any of the Owners. The failure of Vail Resorts or such Owners however long continued to object to any violation or to enforce any provision of this Agreement shall in no event be deemed a waiver of the right to do so thereafter as to the same breach, or as to any breach occurring prior to subsequent thereto. 5. Amendment: The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated or amended except by written consent of Vail Resorts and all Owners of the Adjacent Properties, which shall be binding upon the occasion all required signatures but shall not be effective until recorded in the real estate records of the Clerk and Recorder of Eagle County, Colorado. Executed this day of December, 2003. Vail Resorts, Inc., doing business as The Vail Corporation David P. Ransburg By: Title: Alexandra L. Ransburg John W. Jordan II Revocable Trust By: John J. Jordan II, Trustee Lc ~i~-t ~~Zflr Yom- ~~N`l° i i (y.l11Y1111~ ~ 1 •. )w) ~ u Y.,,1 \ FORS r R \ ono r~,. i ~ .Y~~ i ~ 1•(.~f CNVi1 11•(lll.f VN/1 MCMRwV MU11 U R~1 (~•f, Y1 Nl (IC Cl 1.14JII n. l/M.LJ) (111iQ11U N!(l) 1 ,I ~~. 'r t 1 I TRACT A ~ YFII Yll~Cd. 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TRACT 8 ~ / / - _ - _ ~ -~ / e_ ~ ~ h ` c` ~ ~ f ~,w.~ a - TRACT 8 ~ ~ ~-- - - - _' .--~ 4 ' L rig roods Vail Summer Advertising 2003 Benchmark Study Presentation December 16, 2003 Background & Purpose ., ~.g,: .' ''~~:~F:.. . , o The Vail local marketing district launched its summer advertising campaign in front range and destination markets in early 2003. o The advertising: o TV commercial -Denver and destination cable 0 2 print ads -regional/national magazines. 0 3 billboard ads -Denver area o Winter cross-sell -Vail area o Purpose of the research was to: o measure leisure ad campaign's effectiveness at: o bringing visitors during campaign period o increasing future intentions o excludes group, PR, Internet 2 .. rvF,. :•'.' .;;: Think Summer. 3 Winter Cross Sell f<a ~: ~ f. ~~ ~`24y ;,.(' a.~~ ~:8"R 2: ~;2 j:s;•' ~Y ~~~22 Yua ~u!f WnTS~ ~3k:dk't,.•J:.r7v:..t:.w:a<to;v.nxtrrml ..:ac;.::•r txMuros M1:c~l"i~•s' [~dCJi •~;'Jrvhnfu 5w:hi~-~2 s. 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Yek2. ?a:t T, N:i:6NVtY :~:tr>a.:tvt sl 11:C vet, .:db un:pu h.\e: kw+(:.K.a. 1+.x4: (r_n:n:M ft'Jd .•nG aArn, trey: ,+•Y.y b 1;«, .1>\ Y41.:er+.r x,ns::~sfw tta: ;;:.s. .^n.4 tJ 1.N1 vr!Qr. t••N rii5:•x'~Y/tM~ :tiJ:~l dd. ~ :tlt .'NM'2i:f~ d~' fH'~f:,df•S ItiVC 4r~2:} ' •''f+~ ' ~' ~, ~ : r. 'itCk25 '~t ~. tveiY:: :. . Think Sumr Think vailsumn~er.n~t ~OC~.~~~.3~24 erg p, odds ROI Research Main Findings Awareness" of the Vail Summer Campaign 6: ~:.fi ... Front Range Aware (59%) ~_ Unaware (41 %) Aware (25%) Destination .. ~,.. ~..~ ~: ~ . ::: ::::::::::::::::::::::::::::::.~::r.::::::: ~:: Unaware (75%) *Saw at least one ad 9 Awareness of the 2003 Vail Summer Campaign :~.. ::.. k:~ ..::..::.:........:............................................................... . Total Aware of Advertising* = 6.1 Million Front Range 1.4 million (23%) - ;._-, ~ Destination 4.7 million (77%) *Saw at least one ad 10 Impact of Campaign on Overall Image: "Would Really Enjoy Visiting Vail" so ~ 60 0 ~ 40 0 ~ 20 a~ U L /~~ W 0 Awa re* ~ U n awa re *Saw at least one atl 11 Front Range Destination Impact of Advertising on Vail's Excitir Adult Atmosphe Family Destinatii Worry FrE Uniq~ Sightseeir Popul Entertainme Clima Sports & Recreatic Luxurio~ Affordab Percent Who Strongly Agree Aware* :::Unaware *Saw at least one ad ~ 2 0 20 40 60 80 100 Excitin~ Adult Atmospher Family Destinatic Wor Fre niqu Sightseeln Popul~ Entertalnmer Climat Sports & Recreatio Luxuriou Affordabl Percent Who Strongly Agree Aware * :::Unaware *Saw at least one ad 13 0 20 40 60 80 1U0 60 40 c a~ U L ^^~ I..L~ 20 0 Aware * ~ Unaware *Saw at least one ad 14 Front Range Destination Intended Overnight Trips to Vail Due to Advertising ...., :~~ . .~: 2003 Front Intend a trip... This winter Next summer Following year Total Range Destination* Front Ran e Destination 86, 000 0 110, 000 0 0 0 0 54,000 31,000 71,000 45,000 39,000 117,000 71,000 155,000 ~ Up 32% 93,000 ...t}<~~.. Up 31% *Using markets comparable to 2003 15 Lg~,~ds Summer 2003 Conversion Visited Vail on a Day or Overnight Pleasure Trip Since March 1, 2003 20 L 10 a~ 0 Aware * ::::Unaware *Saw at least one ad ~ 7 Front Range Destination Actual Trips to Vail Due to Advertising - by Market .S~.~v: .~, 4~`> ... • ............... ~3`.•; iii :.i:::, ... ....... ..... ...................................................... ... 2003 Front Range Overnight 73, 000 Day 65, 000 Destination 0 Total 138,000 18 Overnight Summer Trips to Vail Total Estimated Tri ps* = 490, 000 Due to Advertising 73, 000 (15%} ~~ Other Trips :~:, '~~ .~ ~ 417, 000 *Source: Longwoods Travel USA, May to September 2002 19 $300 $250 $200 $150 $100 $50 $0 *Source: 2002 Summer Intercept Survey 20 Day Visitor Overnight Visitor Lodging Other Return on 2003 Advertising Budget .y~F: cs:~ Trips Due to Advertising Campaign Spending Incremental Visitor Spending Generated Taxes Generated on Visitor Spending Short-term* ROI in Spending per Ad Dollar Short-term* ROI in Taxes per Ad Dollar 138,000 $951,637 $24.9 million $1.24 million $26.17 $1.30 *During campaign period 2~ Conclusions and Recommendations o Substantial progress over 2001: o much higher awareness o improving image in virtually every area 0 30 % more planned trips o produced short-term conversion o campaign more than paid for itself in taxes 22 Conclusions ~~. ::.._ . .:::~:. :..::: .y .. .:::. ... .::.:......:::.::...:.. .....:::::::: .::::::... ..:.:.: o Significant short-term contribution: 0 138,000 incremental trips from the Front Range o $24.9 million in extra expenditures o ROI of $26 in spending and $1.30 in taxes, just during the campaign o This return is still modest: 0 only 15% of summer business o Consistent with early summer occupancy levels. o Tourism may have been weaker without the campaign: o maintain the advertising investment 23 Conclusions F° .; ,~ o Front Range impacts are very short-term: o evident both years o immediate interest/conversion o not much carry-over for next summer o recommend sustained presence through season o Destination markets -still work to do o strategy/positioning on target and effective o ads moving needle on longer term interest o but no short-term conversion 24 2004 Campaign Enhancements ~~ ::... ::., . o Continue to expand campaign duration in Front Range - August/September o Expand use of Outdoor given proven effectiveness, cost efficiency and sustainability benefits o Focus on 1-2 regional destination markets to insure frequency/ sustainability vs. national reach o Continue to leverage cost efficiency of Media Relations to extend campaign duration and reach in priority markets, and broaden geographical penetration into important national markets o Insure that Vail owns " CO Rocky Mountain Experience" in web "search" o Maximize cost efficient CTO opportunities to maximize interest in the Colorado Rocky mountain experience o Web o E-marketing o Collateral/DM 26 MEMORANDUM TO: Vail Local Marketing District Board FROM: Judy Camp DATE: December 11, 2003 RE: VLMD Budget Message The 2004 Vail Local Marketing District (VLMD) budget is prepared on a cash basis. The proposed revenue budget is $1,488,000 million and the proposed expenditure budget $1,541,000. The resulting $53,000 deficit will reduce fund balance in an amount equal to the projected surplus for 2003 of $3,000 plus the amount of funding budgeted for the Pro Cycling Tour in 2004 of $50,000. The Pro Cycling Tour funding does not need to come from current year revenue because the Vail Town Council has agreed to forgive a portion of the $317,000 working capital loan provided to VLMD in 2001 to the extent that funds are used for the Pro Cycling event. An additional $30,000 was also forgiven in 2003. Primary revenue for the VLMD is a 1.4% tax levied on lodging revenues within the Town of Vail. Lodging tax receipts are budgeted at $1,488,000 for 2004. This is a reduction of $62,000 or 4% from the origina12003 budget and an increase of just $16,000 or 1.1 % over the 2003 amended budget. Funds received by the VLMD are used to market the shoulder and summer seasons within the Town of Vail.. 2004 expenditures of $1,541,000 represent a reduction of $313,000 or 17% from the current year amended budget, which included a $200,000 carryover of unspent funds from the. prior year. RESOLUTION NO. 1, SERIES 2003 VAIL LOCAL MARKETING DISTRICT A RESOLUTION ADOPTING AN AMENDED BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2003 THROUGH DECEMBER 31, 2003. WHEREAS, contingencies have arisen during the fiscal year 2003 which could not have been reasonably foreseen or anticipated by the Vail Local Marketing District board at the time it enacted Resolution No. 1, Series 2002, adopting the 2003 Budget for the Vail Local Marketing District of Vail, Colorado; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of .the proposed Vail Local Marketing district budget was published in the VAIL DAILY on the 13tH day of December, 2003; and NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing District of Vail, Colorado, as follows: The Vail Local Marketing District Board adopts the amended budget and appropriates $1,854,047 for marketing related expenditures beginning on the first day of January, 2003, and ending on the 31St day of December, 2003. Attested: Signed: Lorelei Donaldson, Town Clerk Pamela A. Brandmeyer, Secretary RESOLUTION N0.2, SERIES 2003 VAIL LOCAL MARKETING DISTRICT A RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2004 THROUGH DECEMBER 31, 2004. WHEREAS, the Vail Local Marketing District board received and approved the operating plan and budget for the fiscal year 2004 on September 16, 2003; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed Vail Local Marketing District budget was published in the VAIL DAILY on the 13th day of December, 2003; and NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing District of Vail, Colorado, as follows: The Vail Local Marketing District Board adopts the submitted budget and appropriates $1,541,000 for marketing related expenditures beginning on the first day of January, 2004, and ending on the 31St day of December, 2004. Attested: Signed: Lorelei Donaldson, Town Clerk Pamela A. Brandmeyer, Secretary 1y,oros Vail Local Marketing District 2004 Budget zooz zoos YrD zoos Zoos zoos Incane Actual Actual 11/30 Origlrral Budget Arrrend~ B Lodging Tax Business License Fee 1,514,457 .1,204,596 1,550,000 1,472,000 1,488,000 Other Incorrre 295,158 150,000 150,000 150,000 - Irrterestincome 6,125 4 574 Total Income , 5,000 1,815,740 1,359,170 1,700,000 1,627,000 1,488,000 Expanse Destination Advertising 60,054 318,710 314,150 318,710 205 000 Web ~~~ 5,000 16,750 30,000 16,750 , 35 000 Produdlon 38,420 _ , Cross Sall 8,883 18,195 30,000 _ 23,195 30 000 ~~ 34,512 , E-Wail Marketing 2,133 23,200 26,350 23,200 28 000 Direct Ma11 Marketing 33,712 , Dav Base eot 35,649 23,997 30,000 30,000 30 000 Partnerships 11,500 45 000 , Publk Relatlons 33,007 , - 13,500 Web Sib 22,232 _ Event Ma~~ CukuralAlllance 30,000 50,000 30,000 50,000 Co-op.Cotrverrtlonal 60,000 60,000 60,000 30,000 Co-op Database 15,000 15,000 15,000 6,708 10,000 10,000 Total Destination 285,103 512,560 610,500 526,855 421,500 Front Range Prornotlons/9trateglcAiliance 23,763 _ DlrectMallMarkegng Advertising - 43,162 41,500 43,162 40,000 ~rataegle Alliances 114,613 _ 158,764 150,000 158,764 98,500 E-Mail Marketing 6,383 _ - Data Base Management 27,308 _ _ Public Ralatlorrs 10,840 _ - Everrt Marketing (Radio, TV 3 Prod) 134,826 20,000 25,000 20 000 Cdlatarel , Merclrandlaing 44,191 50,000 44,191 30,000 - 12,500 _ Coop ~~~ Coop ~~° 15,000 15,000 15,000 Packaging 10,000 10,000 10,000 - 2,500 Total Front Range 317,732 291,117 306,500 291,117 168,500 Groups and Meetings P~rrtAdve~elrrg 76,067 90,441 100,000 90,441 95 000 ~~~ ~~ 29,858 12,000 30,000 , 36 000 TreveUTredeshoYrs 101,692 111,977 130,000 119,000 , 85 000 Memberehips 8,986 6,679 13,000 8,000 , 7 000 Direct Mall _ , Collateral 2,980 504 Telemarketing - 40,000 6,200 10,000 10,000 10,000 ~ Prcgnutr 15,650 28,515 30,000 30,000 Tradeshow ~~ 775 _ Familiarization Trips 42,383 37,287 50,000 40,000 50 000 Production 9,854 _ , Page, of 2 12110/03 Strategic Alliances Publie Relations Web Marketing Total Grarps and Meetings Publk Relations Call Center Fultillrrrent Photography Research Adman MlscNlaneous insurance Stakehdders Relations Contingency Professional Fees Legal and Accounting Advertising Agent Fees Marketing Caordlnatlon-WCTB PubIIcJMedia Relations Web Site Professional Fes -Other Partnership Strategic Advisory Planning ToW Administration Total Expense Surplus (Deflclt) Beginning Fund Balance Ending Fund Balance" "Include TOV Capital Contribution of Vail Local Marketing District 2004 Budget 2002 2003 YTD 2003 2003 2004 Actual Actual 11/30 Original Budget Amended Budget 759 _ 12,130 - - 5,000 1,350 - _ 272,626 311,461 345,000 327,441 328,000 135,257 73,946 28,000 74,000 164,000 27,689 16,958 30,000 20,000 15,000 17,900 44,569 15,000 45,500 40,000 110,121 66,547 80,000 70,000 73,000 3,879 3,178 3,500 1,762 2,134 2,000 2,134 - 5,000 5,000 - 100,000 - _ 17,125 12,346 15,000 15,000 18,000 190,000 123,562 70,000 146,500 104,000 - 71,196 105,000 103,000 104,000 91,667 85,000 100,000 37,712 43,088 25,000 46,000 43,000 105,178 _ - 12,000 70,814 78,000 78,000 50,000 646,623 620,005 638,000 708,634 623,000 1,522,083 1,735,143 1,900,000 1,854,047 1,541,000 293,657 (375,973) (200,000) (227,047) (53,000) 417,214 710,871 710,871 710,871 483,824 710,871 334,898 510,871 483,824 430,824 317,000 287,000 287,000 287,000 237,000 Page 2 of 2 VAIL TOWN COUNCIL Evening Meeting Tuesday, November 4, 2003 The regularly scheduled Vail Town Council meeting was called to order at 7:00 P.M. on Tuesday November 4, 2003 by Mayor Ludwig Kurz. In calling the meeting to order, Mayor Ludwig Kurz thanked Chuck Ogilby for his four years of service on the Council, which drew a round of applause from the audience. MEMBERS PRESENT: Mayor Ludwig Kurz Rod Slifer, Mayor Pro-Tem Dick Cleveland Diana Donovan Bill Jewitt Greg Moffet Chuck Ogilby STAFF PRESENT: Stan Zemler, Town Manager Pamela Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. The second item on the agenda was the Consent Agenda, Approval of Meeting Minutes. Dick Cleveland moved and Diana Donovan seconded to accept the evening minutes from September 16, October 7 and October 21 as presented. The Council voted 7-0 to approve. The third item on the agenda was Resolution number 12, creating an Urban Renewal Authority. Greg Moffet moved, after the text was read into the public record and a typo removed, to approve a resolution to create an Urban Renewal Authority. Bill Jewitt seconded the motion and the Council voted 7-0 to approve. Creation of the Urban Renewal Authority, which wilt be called the Vail Reinvestment Authority, is the first in a series of steps that will enable use of Tax Increment Financing (TIF) to fund repairs to streets and other public property in Lionshead to complement millions of dollars of private sector reinvestment by Vail Resorts. Prior to the vote, Mayor Ludwig Kurz thanked members of the Lionshead Task Force who worked for more than 16 months to evaluate various public financing options. In the end, the Task Force recommended creation of the Urban Renewal Authority and the subsequent use of Tax Increment Financing to address Vail's reinvestment needs. During the public comment session, the Council heard from Jim Lamont, executive director of the Vail Village Homeowners Association and a member of the Lionshead Task Force. Lamont offered support for the resolution, noting that while an Urban Renewal Authority carries a degree of controversy, it is an appropriate mechanism for Vail because it has withstood important legal challenges. Lamont noted the Homeowners Association has provided the town with a letter outlining its recommendation of support with qualifications, based on the Association's interest in preserving private property rights, among other issues. While Lamont said the association still had some degree of trepidation on the matter, he urged the Council to approve the resolution, noting his confidence that trust and honor would prevail in protecting private property rights and the public interest. Lamont also noted several modifications that were made at the request of the Association and the Task Force. Those include formation of a neighborhood advisory committee to help with the oversight of the public improvements, an improvement plan that specifies projects, a commitment to avoid the use of third party condemnation and a provision to allow condemnation of defunct covenants with the approval of the affected property owner. Also speaking was Michael Cacioppo, publisher of Speakout, who inquired about property value assessments and the impact to other taxing districts. In response, Councilmembers Greg Moffet and Bill Dewitt said the revenues won't decrease. They went on to explain that the other taxing districts will receive the normal incremental growth as they would ordinarily receive. However, any property tax revenue growth directly attributable to redevelopment will be returned to the neighborhood to pay for the public improvements. Cacioppo also inquired about a court case in Glenwood Springs in which Colorado Mountain College had challenged the Downtown Development Authority's planned use of TIF. Also speaking was Tom Steinberg, a former councilmember, who offered his support for use of TIF in Vail, noting that the 1.5 mill countywide open space property tax, approved by voters last November, will help contribute to the income generated by TIF. The fourth item on the agenda was Appeal of Vail's Front Door Project. After hearing testimony from both parties and citing findings of fact, Greg Moffet moved to uphold the Planning and Environmental Commission's (PEC) approval of the development plan submitted by Vail Resorts for the "Front Door" project. Chuck Ogilby seconded the motion. The Council voted 6-0-1 to approve with Rod Slifer recusing himself. citing findings of fact. The project, as approved by the PEC on September 22, includes improvements to the Vista Bahn ski yard, a new underground skier services area, a 14- bay underground loading and delivery facility, construction of a new ski club, fractional fee units and a spa. Citing a number of design and compatibility issues, the approval had been appealed by LuAnne Wells, an adjacent property owner, who, in addressing the Town Council, expressed concerns about a reduction in the size of the ski yard and expressed an interest in working on a solution. In presenting Wells' list of objections to the Town Council, appellant attorney Andrew Littman referred to a letter from architect Gordon Pierce, who was asked to review the design prior to the appeal hearing, in which Pierce questioned the compatibility of the loading and delivery facility, the project's density and other concerns. Littman then presented some newly created design alternatives that offered a smaller loading and delivery component, asking the Council to consider sending the project back to Vail Resorts to be reworked. In response, attorney Jay Peterson, representing Vail Resorts, said the new design alternatives are insufficient in meeting town codes for loading and delivery. He said the applicant worked hard to gain consensus from the surrounding property owners, with the exception of LuAnne Wells. Peterson then called upon Tom Braun of Braun and Associates to review and refute each of the objections raised by the appellant. During discussion, Councilman Dick Cleveland asked whether the conceptual designs presented earlier by Littman had been reviewed with the PEC. Littman stated that the issues had been communicated, but the plans had not been presented. Public testimony included comments by Stan Cope, manager of the Lodge Tower, who noted support for the project by all 42 condominium owners, and Ron Byrne a developer and adjacent property owner, who offered support for the project, while leaving the door open for the possibility of additional "give and take." Sally Johnston of the Christiania Lodge also offered support, saying she looked forward to having the trucks removed from Hanson Ranch Road. John Cogswell, president of the retail association at the Lodge at Vail, noted his interest in addressing `1 pedestrian access issues to the shops as a result of the project. Sara Baker, an attorney for the Bridge Street Lodge, also expressed support and suggested the need to add a no-build zone to the exchange parcel as part of a development agreement with the town. The. last to offer public comment was Jim Lamont of the Vaif Village Homeowners Association who urged the Council to uphold the approval, noting that all of the issues that could have been raised had been heard and addressed previously. The fifth item on the agenda was Vaif Village streetscape Master Plan Addendum. Diana Donovan moved and Dick Cleveland seconded to approve a resolution adopting an addendum to the town's 1991 streetscape master plan. The Council voted 7-0 to approve. In presenting the resolution, Public Works Director Greg Hall said the addendum represents the culmination of recent work on streetscape designs and concepts for the Village core and East and West Meadow Drive. During discussion, Councilmember Diana Donovan received support to modify the document to de- emphasize Village Center Road, to use consistency in identification of Earl Eaton Plaza, and add better examples for trash receptacles and street furniture. Councilman Chuck Ogilby said he'd like to see the Council continue to use a committee approach in advancing the project. In addition, Councilman Dick Cleveland asked that a shaded matrix showing a progression of design enhancements be modified to allow for additional flexibility. Other suggestions included a reference to use scalloped pavers as an option and the identification of additional areas for surface parking to provide additional equity for the Lodge Promenade. During public discussion, Kaye Ferry of the Vail Chamber and Business Association suggested the addition of a color scale component for the exterior of buildings. Although interested in the concept, Councilmembers said the topic should be addressed separately. Jim Lamont of the Vail Village Homeowners Association commended the Council for its work on the streetscape plan as well as loading and delivery, suggesting the actions have contributed to what he called a "landmark council." The sixth item on the agenda was the Sign Code. Diana Donovan moved to table second reading of an ordinance modifying the Town of Vail sign code. Bill Jewitt seconded and the Council voted 7-0 to table the reading to November 18th. During discussion, Councilmembers directed staff to clarify language in the code in which the maximum size for signs in District 1 will be 6 square feet, to include graphics and text. Also, the ordinance will limit signs above grade or below grade to a 4 square feet maximum. In addition, the Council directed staff to create a graphic image illustrating the calculation of signs on awnings, projecting signs and walls, and asked staff to explore an issue raised by Robert Aikens, the owner of Verbatim Booksellers, who is having difficulty with signage and visibility in the new location of his business, which is located at an angle behind another storefront in the Vail Village Inn Plaza. Prior to the vote to table the ordinance, Joe Joyce, owner of Joe's Famous Deli, brought his sign in to illustrate how the use of graphics, in addition to text, makes signs unique. Joyce urged the Council to provide as much flexibility as possible in calculating the size of signs to allow for creativity. The seventh item on the agenda was the Parking Infraction Ordinance. Dick Cleveland moved to approve second reading of an ordinance to amend the town code as it relates to the town's parking regulations. Rod Slifer seconded the motion. The Council voted 6- 1, Donovan against. The ordinance includes an increase in the penalty for parking violations, up to $100, with a fee schedule set by the Town of Vail Municipal Court. In addition, the ordinance creates penalties for abuses at the parking structure caused by "turners," or those who exit the facility after the 90-minute free parking period and re- enterthe facility for a second free period of time within three hours of the first entry into the facility. In presenting the ordinance for approval, Town Attorney Matt Mire noted four changes that were incorporated during first reading. One was an amendment to change the vehicle length restriction in the parking structures to 20 feet or larger. A second is an increase in the late fee payment of up to $25, followed by excluding town roadways from the definition of parking facilities. The last amendment was to strike the word "limit" under a description of time-limited parking. In voting against the ordinance, Diana Donovan said it was too negative and would cause bad public relations for the town. The eighth item on the agenda was Outdoor Dining Deck Enclosures. Dick Cleveland moved to approve second reading of an ordinance to allow the temporary use of pliable sidewall enclosures for covered outdoor dining decks associated with eating and drinking establishments annually from April 1 to Dec. 1, during inclement weather. Diana Donovan seconded the motion and the Council voted 7-0 to approve. to presenting the ordinance to Council, Community Development Director Russell Forrest said the legislation codifies an issue that surfaced in July when the Town Council overturned Design Review Board denial of a temporary enclosure application submitted by the Ore House. The ninth item on the agenda was the Town Manager's Report. During a review of the town manager's report, Stan Zemler noted the town is investigating the use of a co- generation technology that could be used to power the town's snowmett system. The technology involves creating a small power plant using natural gas and bio-solids to heat streetscape and generate additional electricity or hot water that could be used for other applications. He said the technology may also have the potential to reduce CO2 emission as well as reduce operating costs. Zemler said the town would be pursing an innovation grant through. the Northwest Colorado Council of Governments to explore the concept further., Referring to the earlier discussion topic on streetscape, Councilmember Diana Donovan suggested adding language to the streetscape plan indicating the town's interest in environmentally-friendly and cost-effective techniques. As a follow-up to a discussion earlier in the meeting, the Council directed staff to schedule an agenda item for a future meeting to discuss a proposal forwarded by the Vail Chamber and Business Association to explore the possible use of additional color tones on buildings in the Village. Also, it was noted the staff is proceeding with execution of a lease for the Children's Garden of Learning early childhood education center to be built as part of the Middle Creek housing development. As there was no further business, Bill Dewitt moved and Greg Moffet seconded to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Ludwig Kurz, Mayor ATTEST: VAIL TOWN COUNCIL SPECIAL MEETING MINUTES TUESDAY, NOVEMBER 11, 2003 The special meeting of the Vail Town Council was called to order at 4:30 P.M., on Tuesday, November 11, 2003, in the Vail Town Council Chambers. MEMBERS PRESENT: Rod Slifer Dick Cleveland Diana Donovan Ludwig Kurz Kent Logan Greg Moffet Kim Ruotolo STAFF PRESENT: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk The first item on the agenda was the swearing in of the oath of office by Lorelei Donaldson, Town Clerk, of the newly-elected and re-elected Town Council members, Kent Logan, Greg Moffet, Kim Ruotolo and Rod Slifer. Kent Logan, Rod Slifer and Kim Ruotolo were elected to four-year terms, while Greg Moffet was elected to a two-year term during the November 4, 2003 regular municipal election. The second item on the agenda was the Town Council Organizational Meeting. At this time, the election of the mayor and mayor pro tem was held. Mayor Ludwig Kurz, who called the meeting to order, shared some discussions he'd had previously with the Council in which he stated that he didn't think it would be appropriate to be considered as a candidate for mayor since his term will be ending in January. Ludwig Kurz then asked Councilmember Diana Donovan about her interest in becoming the next mayor. Diana Donovan said she was honored to have been considered, but she would be in a better position to serve the community in her current capacity as a council member. Greg Moffet made a motion to appoint Rod Slifer as mayor. The motion was seconded by Dick Cleveland. There was no further discussion from the public or Council. A vote was taken and the motion passed unanimously, 7-0. Rod Slifer will serve as mayor for the next two years. Rod was also Vail's mayor from 1977-84. Rod thanked the Council and also thanked Mayor Kurz for his service on the Council. He said he would save additional accolades for Ludwig in January when he steps off the Council. The next order of business was electing the mayor pro tem. Ludwig Kurz made a motion to elect Dick Cleveland to be mayor pro-tem; the motion was seconded by Diana Donovan. There was no further discussion from the public or Council. A vote was taken and the motion passed unanimously 7-0. Dick will serve as mayor pro-tem for the next two years. The third item on the agenda was the appointment of a Town Council member to the Vail Commission on Special Events (CSE). Committee appointments have been scheduled for the November 18th meeting, however, the Town Council was asked to provide direction on the composition of the Vail Commission on Special Events (CSE), which meets the morning of November 18th to consider funding requests for 2004. The CSE had been chaired by Bill Jewitt, who lost re-election to the Council. Councilmember Diana Donovan stated the CSE ordinance allowed for the CSE board members to elect a chairman from among the voting board members of the CSE. Following a brief discussion, Greg Moffet made a motion to have the CSE board members elect a chairman at the November 18th CSE meeting. The motion was seconded by Kent Logan. A vote was taken and the motion passed unanimously, 7-0. The Council will then determine if a representative from the Council will be added to the group during a discussion at its November 18th meeting. Greg Moffet offered to attend the November 18th CSE meeting as a Council representative. The fourth item on the agenda was the establishment of the Town Council meeting times. Greg Moffet made a motion to establish 6:00 P.M. as the official start time for the Town Council evening meetings. The motion was seconded by Ludwig Kurz. A vote was taken and the motion passed unanimously, 7-0. The evening meetings are held on the first and third Tuesdays of the month. The fifth item on the agenda was a brief announcement from the Town Manager, Stan Zemler. He stated the staff was preparing a series of organizational briefings and tours for the new Town Council members as well as a refresher for the remaining members. He said a date for an upcoming Council retreat also would be set. As there was no further business, Greg Moffet made a motion to adjourn. Dick Cleveland seconded the motion. A vote was taken and the motion was passed unanimously, 7-0, and the meeting was adjourned at 4:45 P.M. Respectfully submitted, Rod E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Lorelei Donaldson VAIL TOWN COUNCIL Evening Meeting Tuesday, November 18, 2003 The regularly scheduled Vail Town Council meeting was called to order at 6:00 P.M. on Tuesday November 18, 2003 by Mayor Rod Slifer. MEMBERS PRESENT STAFF PRESENT: Mayor Rod Slifer Dick Cleveland, Mayor Pro-Tem Diana Donovan Ludwig Kurz Kent Logan Greg Moffet Kim Ruototo Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Dan Telleen, a Vail Village gallery owner, outlined three suggestions to help increase efficiencies in the parking garages. First, he said, the town could stretch its available parking by approximately 12 spaces if it converted pockets of unused space into designated motorcycle parking. He also suggested developing an awareness campaign that would reward employees who voluntarily choose to park in outlying areas of the structures, freeing up the closer spaces for shoppers. Telleen said the spaces could even be color-coded to help direct users to the appropriate spaces. Also, Telleen suggested the town needs to be more empathetic in its policies regulating "turners," noting that quick errands, such as trips to the post office, could cause violations of the policy as an unintended consequence. After congratulating the newly elected members of the Town Council, Rick Sackbauer, chairman of the Eagle River Water and Sanitation Board, addressed two issues with the group. First, Sackbauer expressed support for returning the gymnastics program to Vail through construction of an expanded, multi-use facility to replace the former facility which has been purchased by the water district for a plant expansion. In addition to a partnership by the water district, which has already set aside $400,000 for the project, Sackbauer expressed hope that participation by additional partners, such as the Eagle County School District, would make it possible to build a new facility. On another topic, Sackbauer thanked the Council for its support in helping to defeat Referendum A, the statewide water financing ballot issue. A better solution, he said, involves discussions and partnerships by the various water providers. A recent example is an agreement by five water agencies, three from the Eastern slope and two from the Western slope, to explore a reservoir at Wolcott, he said. Lastly, Sackbauer invited the Council to meet with the water district board in a joint meeting to discuss additional issues. David Reichardt, a West Vail resident, expressed his opposition to the Town Council's interest in studying possible consolidated fire services with the Eagle River Fire Protection District. Instead, Reichardt said, a better focus would be to build the West Vail fire station. Reichardt explained that he'd had a fire at his house a week ago and it took 20 minutes for firefighters to arrive. Reichardt suggested the town faces liability issues due to its delay in constructing the station, which, according to Reichart, was supposed to have been built in 1985. The second item on the agenda was the Appointment of One Member to the Building and Fire Codes Appeals Board. Greg Moffet moved 0 to appoint Lynn Fritzlen of Fritzlen Pierce Architects to the Building and Fire Codes Appeals Board. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. The term will run for five years. The third item on the agenda was an Authorization to Sign a Letter of Agreement to Discuss and. Study Consolidated Fire Services. Greg Moffet made a motion to direct the mayor and town manager to sign a letter of agreement with representatives of the Eagle River Fire Protection District to determine if consolidating into a single fire district is mutually beneficial to both entities and worthy of a future public vote for such authorization. Dick Cleveland seconded and the Council voted 7-0 to approve. In introducing the draft agreement to the Council, Town Manager Stan Zemler said the first task would be to provide a service level model with cost estimates and performance standards. From there, the two entities would then discuss a process in which consolidated fire services would be provided to the town on a contractual basis for a period of six months to a year. This, said Zemler, would help determine if an inclusion agreement is an appropriate next step. During discussion, Councilman Kent Logan asked for clarification about the various evaluation steps, saying the process must involve full input from the Vail firefighters. Councilmember Diana Donovan noted the need to fully determine the extent to which consolidated services would benefit Vail, now and in the future. During the public comment period, David Reichardt, a West Vail resident, urged the Council to reject the agreement, noting that public safety and the construction of a West Vail fire station should be a higher priority than looking at a financial savings to the town through consolidation. Councilman Dick Cleveland reminded the group that from day-one, the direction from Council has been no reduction of service, while Councilman Greg Moffet said his assumption is that Vail will see an improved level of service and a West Vail fire station, should the two agencies merge. The fourth item on the agenda was discussion of a Park User Fee. Noting that a more detailed discussion on park user fees had taken place during the afternoon work session, Mayor Rod Slifer provided a brief summary of the agenda item. He began the update by saying that many communities charge a fee for the ability to reserve space in parks for special events and other functions. He said the Vail Town Council has expressed interest in creating a fee schedule for use of the lower bench of Ford Park, in particular, to recover town costs associated with the use. Slifer announced that a task force has been created to develop a recommended rate schedule, which will be presented to council at an upcoming meeting. The fifth item on the agenda was a Request for In-Kind Services to Support December 2003 Birds of Prey World Cup event in Beaver Creek. Greg Moffet moved and Ludwig Kurz seconded to approve a motion to authorize up to $10,000 for in-kind bus service to assist in transporting spectators to the Birds of Prey World Cup event in Beaver Creek on December 6th and 7th. The Council voted 7-0 to approve. In presenting the request, Ceil Folz and Kurt Kreig of the Vail Valley Foundation, said the assistance would benefit the area with national and international television coverage as well as other media exposure opportunities. The town has assisted with the transportation services since 1997, joining the Town of Avon, Beaver Creek Resort Company and the Vail Valley Foundation. Noting the addition of the Eagle County Regional Transportation Authority (ECO) as a new partner this year, Councilmember Diana Donovan asked for clarification about the funding level. It was noted that ECO's presence provides a large enough pool of vehicles so as not to cause buses to be pulled off their regularly scheduled routes. Councilman Ludwig Kurz emphasized the positive exposure the races bring to Vail, saying that viewers in Europe still consider the World Cup to be in Vail. Representing the Vail Commission on Special Events (CSE), Sybill Navas, said that while the CSE has no authority to grant in-kind services on its own; the group recommended Council's support of the request. Councilmember Kim Ruotolo noted a discrepancy in the request, with one information sheet indicating an in-kind request of $12,000 and another requesting $10,000. Public Works Director Greg Hall said the difference was due to an increase in charter rates, which will become effective January 1 and that the $10,000 request would cover the Foundation's transit needs from the town. The sixth item on the agenda was an Overview of a "Multi-Purposed Recreational Facility". In introducing the agenda item to review the concept of an indoor recreational facility, Mayor Rod Slifer announced the item would be deferred to a later meeting, saying a presentation would be premature, given the outcome of the Eagle County School District's mill levy issue, which was defeated on November 4th, and was to have been used to help fund the facility at the $150,000 contribution level. Slifer then called upon former councilman Chuck Ogilby to make a few remarks. Ogilby encouraged the Council to continue moving forward in planning an indoor recreational facility to be built at Red Sandstone Elementary School, calling it a once in a lifetime opportunity. Ogilby distributed a letter to the Town Council dated October 27 from the Eagle County School District expressing interest in contributing $150,000 toward the project. Ogilby also said he'd be willing to put an ad in the newspaper to seek a private donor who could take the proposed facility to a new level. The Council then agreed to direct a subgroup comprised of Ogilby, Greg Moffet, Rod Slifer and Town Manager Stan Zemler to continue to work on the concept. The seventh item on the agenda was Resolution Number 13, Approving the Law Enforcement Assistance Fund Contract. Greg Moffet moved to approve the resolution authorizing the town manager to enter into an agreement that provides for cone-year Law Enforcement Assistance Fund (LEAF) provided by the Colorado Department of Transportation. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. In presenting the resolution, Police Chief Dwight Henninger said the $22,000 funding will be used for labor and equipment to enforce the laws pertaining to driving under the influence of alcohol or other drugs. In response to a question by Councilman Dick Cleveland regarding DUI checkpoints, Chief Henninger said the department could use the funding for checkpoints or DUI saturation patrols. Henninger said his preference would be saturation patrols, which was met with Council agreement. Councilmember Diana Donovan noted her expectation that the patrols be done in aguest-friendly and local-friendly manner, to which Chief Henninger agreed would be the case. The eighth item on the agenda was the First Reading of Ordinance Number 30, Series of 2003, Supplemental Appropriation. Dick Cleveland moved to approve first reading of a supplemental appropriation to the 2003 budget. Ludwig Kurz seconded the motion and the Council voted 7-0 to approve. The appropriation increases the revenue budget by $328,768 and increases expenditures by $437,529. There were four expenditures without offsetting revenue: 1) new Ford Explorers for the police chief and town attorney to replace the existing leased Saabs; 2) new vehicles for administration and community development to replace existing Saabs; 3) the assessment for capital repairs and improvements on town-owned office space at Village Inn Condominiums; and 4) renovation of the sound system for the Council Chambers. During discussion, Councilmember Diana Donovan suggested depositing proceeds from sales of Vail manhole covers into the general fund instead of the Real Estate Transfer Tax (RETT) fund. Councilman Dick Cleveland agreed, noting the proceeds are being used to help support the Art in Public Places (AIPP) program. Cleveland said he'd like to see AIPP have the ability to build up funds from the manhole cover sales and roll the funding forward each year. Town Manager Stan Zemler agreed to follow up. Also, Councilman Kent Logan said he'd like to review additional budgetary information when reviewing a supplemental to help better understand year-to-date information. Mayor Rod Sifer noted the supplemental is the third of the year and is used to make increases or decreases to the budget. Councilmember Diana Donovan called the Council's attention to a line item for setting up and tearing down the skatepark, a net cost to the town of $5,667. Donovan said the cost is the result of not having a clear agreement with the Vail Recreation District. The ninth item on the agenda was the First Reading of Ordinance Number 31, Mill Levy Certification. Ludwig Kurz moved and Diana Donovan seconded to approve first reading of an ordinance setting the Town of Vail mill levy at 4.704 for 2003 property taxes to be collected in 2004. The Council voted 7-0 to approve. In presenting the ordinance for first reading, budget analyst Gina Bentz said the figures provided by Eagle County are estimates and will be revised, if necessary, for second reading. Estimated collections are $2,478,055 in property taxes based upon a total assessed valuation of $526,797,490 for all taxable property within the town. The tenth item on the agenda was the First Reading of Ordinance Number 32, Major Amendment to Vail Village Inn Phase 1 Special Development District. Dick Cleveland moved to table first reading of an ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase 1. Kim Ruotolo seconded the motion. The Council voted 5-2 to table. Diana Donovan and Ludwig Kurz voted against. It was explained the ordinance would allow for 2,132 sq. ft. of Gross Residential Floor Area for a new residence to be located above the existing Alpenrose Restaurant. The matter was tabled to the December 2 Council meeting upon the advice of Town Attorney Matt Mire after Art Abplanalp, an attorney representing the president of the Vail Village Plaza Condominium Association, said consent from the association had been improperly authorized. Abplanalp said a meeting with the association was to have been held later in the week and that while the town staff did its job properly, the matter should not have been forwarded by the applicant. In response, the applicant said he objected to the request to table, saying the condo association matter was an internal process and not part of the public approval process. During discussion, Councilman Dick Cleveland expressed concern about the transfer of two parking spaces associated with the project, while Counclmember Diana Donovan said she would vote against tabling the motion, saying the town shouldn't be policing whether the appropriate parties are signing documents. The eleventh item on the agenda was the Second Reading, Ordinance Number 19, Sign Code Regulations. Diana Donovan moved to approve second reading of modifications to the town's sign regulations. Ludwig Kurz seconded and the Council voted 7-0 to approve the motion. In voting to approve the ordinance, Mayor Rod Slifer said that while this particular discussion was short, the action is the product of much hard work by the town staff and the business community. Councilmember Diana Donovan, who helped facilitate the Council's review, acknowledged the modifications, while comprehensive, don't address a visibility need raised recently by the owner of Verbatim Booksellers. Donovan, who was joined by Councilman Dick Cleveland, said the town would continue to look for ways to address those concerns. The twelfth item on the agenda was Second Reading, Ordinance Number 28, Engine Brake Restriction. Greg Moffet moved and Dick Cleveland seconded to table to December 2 second reading of an ordinance restricting the use of compressed engine brakes on trucks between milepost 181.5 and 173 in Vail, except for the aversion of immediate and imminent danger. The Council voted 5-2 to table, Ludwig Kurz and Diana Donovan voted against tabling the motion. The vote to table the matter followed an overview by Town Manager Stan Zemler in which a list of alternative approaches was presented that could be used to begin addressing I-70 noise issues in lieu of the engine brake restriction. Zemler's list included working with the Colorado Motor Carriers Association and the Colorado Department of Transportation on a series of education, enforcement and engineering solutions, plus additional trafi•ic education and enforcement by the Vail Police Department. During discussion, Councilman Greg Moffet said the alternative actions presented by Zemler, including a draft memorandum of understanding between the Colorado Motor Carriers Association and the Town of Vail, were nothing more than a "group hug" and would likely be ineffective in getting the job done. Therefore, Moffet suggested "keeping the gun loaded and cocked" as his rationale for offering a motion to table second reading of the engine brake ordinance until the first meeting in March, 2004. Greg Fulton, president of the Colorado Motor Carriers Association, expressed disappointment in the motion, saying it sends the wrong message. Instead, Fulton asked the Council to consider defeating the ordinance with the understanding it could be resubmitted at any time. Councilman Kent Logan asked Fulton if his organization would still be willing to sign a memorandum of understanding if second reading of the engine brake ordinance were tabled to March. Fulton indicated a board meeting would be occurring the next day and he would receive direction from his board at that time. The motion was then amended by Greg Moffet to table second reading of the ordinance to the December 2nd meeting to allow time for the Colorado. Motor Carriers Association to respond to Councilman Logan's request about signing the memorandum of understanding while second reading of the engine brake ordinance was still at play. During discussion, other topics were raised, such as a question by Greg Moffet about the likelihood of strengthening Vail's noise ordinance from 90 decibels to 70 decibels and whether the Colorado Motor Carriers Association would join Vail in its efforts to lower the speed limit through Vail for all vehicles to increase safety. Following the vote to table the matter, Jim Lamont of the Vail Village Homeowners Association asked for clarification regarding the list of additional actions proposed by the town manager. Mayor Rod Slifer said the Council would provide staff with direction on the other actions at the December 2 meeting. The thirteenth item on the agenda was the Town Manager's Report. During a review of the written town manager's report, in which recommended criteria for complimentary use of the Donovan Pavilion was presented, Councilmember Diana Donovan expressed concerns. about the proposal, which included Eagle County-based non-profit organizations which benefit the Vail community within the criteria. Donovan suggested limiting the free use criteria to Vail residents and property owners and raising rates for use by those who live out of town. In addition, she said, the Council needs to have a serious discussion about how much the town is willing to subsidize the pavilion. Mayor Rod Slifer suggested reviewing the 2004 bookings and projected revenues as a precursor to a subsidy discussion. Councilman Greg Moffet agreed and suggested a more detailed discussion by the Council at an upcoming work session. Donovan asked that an earlier draft of the complimentary use criteria be distributed for Council's review. Councilman Greg Moffet suggested the need to better understand federal legislation under consideration that would allow home jurisdictions to collect sales tax for out of town sales. Town Manager Stan Zemler agreed to follow up and report back to Council. Following a motion by Greg Moffet, the Council voted 7-0 to adopt the Town Council appointments as presented and discussed at the afternoon work session. Town Manager Stan Zemler proposed the Town Council retreat be held the evening of February 12th and during the day on February 13th. He also distributed directions to the Colorado Department of Transportation meeting on November 19th in which several Councilmembers had agreed to testify on behalf of proposed policy changes as they relate to sound barriers. As there was no further business, Greg Moffet moved to adjourn. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Tou~v of v~r, 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 www ci. vail.co: us MEMORANDUM TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: DECEMBER 16, 2003 SUBJECT: APPOINTMENT OF SPECIAL MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following four prospective appointees as judges for the Special Municipal Election to be held Tuesday, January 27, 2004: 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 *Karen Morter P.O. Box 308 Vail, CO 81658 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 *Please note a change in the Colorado Revised Statutes regarding election judges. Municipal judges need not be residents of the municipality per C.R.S. 31-10-401. Now an election judge must only swear an oath that he or she is "registered to vote in Colorado". This allows municipal clerks to find sufficient numbers of judges for elections. ~~~ RECYCLED PAPER To: Vail Town Council From: Vail Reinvestment Authority Date: December 16, 2003 Subject: Cooperation Agreement INTRODUCTION The Vail Town Council acting is being requested to approve a cooperation agreement between the Town of Vail and the Vail Reinvestment Authority (VRA). This agreement would allow the VRA to utilize Town staff and loan the VRA $25,000 to pay for initial start up expenses (i.e. legal fees). 2. BACKGROUND On November 4, 2003 the Vail Town Council approved Resolution #12, Series of 2003 which created the Vail Reinvestment Authority. As part of this resolution the Town Council became the governing body for the Vail Reinvestment Authority (VRA). The VRA now needs to implement bylaws and a certificate recognizing the creation of the authority. The VRA is requesting that the Town of Vail approve a cooperation agreement between the VRA and the Town to take the next steps in creating a tax increment financing district. 3. ACTION REQUESTED OF THE VAIL RIENVESTMENT AUTHORITY The Cooperation Agreement is necessary because it is not contemplated that the VRA will have its own staff. The Cooperation Agreement allows the VRA to use Town staff subject to reimbursement by the VRA. It also allows the VRA to borrow money from the Town for routine costs and makes the reimbursement of those costs an obligation of the VRA that can be funded out of tax increment revenues. Attachments A. Cooperation Agreement Attachment A COOPERATION AGREEMENT BETWEEN TOWN OF VAIL, COLORADO AND VAIL REINVESTMENT AUTHORITY FOR ADMINISTRATIVE SERVICES THIS COOPERATION AGREEMENT ("Cooperation Agreement") dated as of the day of December, 2003, is entered into by and between the Town of Vail, Colorado (the "Town"), a home rule municipality and municipal corporation of the State of Colorado, and the Vail Reinvestment Authority (the "VRA") a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado and the Charter of the Town. WITNESSETH: WHEREAS, the Town is a home rule municipality and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and the Charter of the Town (the "Charter"); and WHEREAS, the VRA is a body .corporate and has been duly organized, established and authorized by the Town Council to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Charter and the Colorado Urban Renewal Law, section 31-25-101, et seq., Colorado Revised Statutes (the "Act"); and WHEREAS, the VRA currently has no employees and desires to utilize a portion of the time of certain employees of the Town and the Town is willing to allow such employees to devote a portion of their time to work on projects of the VRA, the cost for such employees to be reimbursed by the VRA to the Town as an obligation of the VRA; and WHEREAS, the Act and Section 18, Article XIV of the Colorado Constitution, authorize the Town and the VRA to enter into cooperative agreements, such as this Cooperation Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, and the following terms and conditions, VRA and the Town hereby agree as follows: 1.0 USE OF TOWN EMPLOYEES. 1.1. The Town hereby authorizes the VRA to utilize the services of Town employees to assist the VRA in work related to urban renewal projects in MUR\57037\958715.1 ,~ . ~ ..,, the Town. The specific employees and the amount of time devoted to the projects shall be as directed by the Town Manager of the Town and the Executive Director of the VRA, or their delegees. The VRA shall reimburse the Town for the applicable percentage of each such employees' wages or salary and benefits. The use of such employees by the VRA and the proportionate cost of their services shall be deemed an advance by the Town and an obligation of the VRA which shall be paid each year by the VRA to the Town. 1.2. The Town shall retain the right to establish the employees' wages or salary and benefits, and the right to discharge, reassign, or hire employees to perform the services required by the VRA. Except for the time devoted to the VRA activities which shall be under the direction or control of the Executive Director of the VRA, the Town Manager retains the right to direct and control the employees. The Town, as the employer, has the responsibility for payment of salary or wages to the employee, and for reporting, withholding, and paying any applicable taxes with respect to the employees' wages or salary and payment of Town sponsored employee benefit plans and payment of unemployment compensation insurance as may be required. The Town also retains the right to provide for the welfare and benefit of employees through such programs as professional training. The VRA shall not have any responsibility for the payment or reporting of remuneration paid to the Town's employees, all of such responsibilities being the obligation of the Town. The Town intends to retain the right to maintain the employment relationship between the Town and its employees on a long term, and not a temporary basis. 1.3. In the event of any employment related issues with employees assigned to work with the VRA, the Executive Director of the VRA shall report such concerns or issues promptly to the Town Manager of the Town who shall be responsible for addressing such concerns. The decision of the Town Manager relating to such employee shall be final, the sole recourse of the VRA being the right to terminate this Cooperation Agreement as provided in Section 2.3. 2.0 ADVANCE OF OPERATING FUNDS 2.1. An amount not to exceed twenty five thousand dollars ($25,000) may be advanced by the Town each year, subject to an annual appropriation by the Town Council to do so, to the VRA through December 31, 2009, to be used by the VRA for costs incurred by the VRA. Such amounts shall be paid directly to the VRA by the Town and shall be disbursed by the VRA as it deems prudent and necessary for such purposes. Any amounts so advanced by the Town shall be a priority obligation of the VRA, subordinate only to any Developer Obligations and bonds as may subsequently be agreed upon by the VRA and the Town. Such amounts 2 „ _~. ... as are advanced, shall be payable to the Town from tax increment revenues (collected pursuant to C.R.S. §31-25-107(9)), reimbursements from developers and such other revenues of the VRA, subject to an annual appropriation by the Board of Directors of the VRA. Due to the benefits gained by the Town from the Projects in the Reinvestment Area, no interest will be due on the amounts advanced to the VRA by the Town. 3.0 MISCELLANEOUS. 3.1. Governing Law. This Cooperation Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado and shall be subject to the limitations, if any, that are applicable under the Charter or ordinances of the Town. 3.2. Notices. Alt notices and other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class mail, postage prepaid, addressed as follows: If to the Town: Town of Vail, Colorado 75 S. Frontage Road Vail, Colorado 81657 Attn: Finance Director If to the VRA: Vail Reinvestment Authority 75 S. Frontage Road Vail, Colorado 81657 Attn: Executive Director The Town or the VRA may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. 3.3. Termination. This Cooperation Agreement may be terminated upon thirty (30} days written notice; provided, however, there are no outstanding Obligations of the VRA payable to the Town unless satisfactory arrangements have been made, in the sole discretion of the Town, for the payment of such Obligations. 3.4. Severability. In the event that any provision of this Cooperation Agreement, other than the requirement of the VRA to reimburse the Town for Obligations incurred by the VRA hereunder, shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 3 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: December 16, 2003 SUBJECT: Ordinance No. 33, Series of 2003, a request for text amendments to Sections 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G- 3, 12-6H-3, and 12-61-3, Vail Town Code, to allow funiculars, and other similar conveyances, as a conditional use in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) Districts, and setting for details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson DESCRIPTION OF THE REQUEST The Town of Vail is proposing text amendments to Title 12, Zoning Regulations, Vail Town Code, to allow funiculars, and other similar conveyances, as a conditional use in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) Districts. II. BACKGROUND At its November 10, 2003, public hearing, the Planning and Environmental Commission voted 7-0 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 November 10, 2003, staff memorandum and the evidence and testimony presented, with the findings noted in Section VII of the November 10, 2003, staff memorandum. On December 2, 2003, the Town Council voted 6-0 to table the first reading of Ordinance No. 33, Series of 2003, to December 16, 2003. The Town Council directed staff to draft a definition of "funiculars, and other similar conveyances" and to draft use specific criteria and standards to prevent funiculars from being allowed for residences with direct vehicular access. In response to the Town Council's direction, Staff has drafted the fallowing additional text for Ordinance No. 33, Series of 2003: 1 12-2-2: DEFINITIONS: FUNICULARS, AND OTHER SIMILAR CONVEYANCES: Exterior, tram-like vehicles, designed to move up and down steep slopes by use of rails or tracks. 12-16-7-A11: FUNICULAR, AND OTHER SIMILAR CONVEYANCES: a. Funiculars, and other similar conveyances, shall only be allowed when designed for the purpose of providing access to a residential dwelling, as determined by the Planning and Environmental Commission. b. Funiculars, and other similar conveyances, shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the Planning and Environmental Commission. Significant site constraints shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars, and other similar conveyances, shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the Planning and Environmenfal Commission. d. Funiculars, and other similar conveyances, shall only be allowed when designed to be appropriately screened from view, as determined by the Planning and Environmental Commission. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 33, Series of 2003, on first reading to amend Sections 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12- 6H-3, and 12-61-3, Vail Town Code, to allow a funicular and other similar conveyances as a conditional use in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (P/S), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) Districts, and setting for details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section VI of the November 10, 2003, staff memorandum and the evidence and testimony presented. 2 Should the Town Council choose to approve Ordinance No. 33, Series of 2003, on first reading, the Community Development Department recommends the Town Council makes the following findings: 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. 33, Series of 2003 3 Attachment: A ORDINANCE NO. 33 Series of 2003 AN ORDINANCE AMENDING SECTIONS 12-2-2, 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3,12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, 12-61-3, AND 12-16-6, VAIL TOWN CODE, TO ALLOW A FUNICULARS, AND OTHER SIMILAR CONVEYANCES, AS A CONDITIONAL USE IN THE HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S), RESIDENTIAL CLUSTER (RC), LOW DENSITY MULTIPLE-FAMILY (LDMF), MEDIUM DENSITY MULTIPLE- FAMILY (MDMF), HIGH DENSITY MULTIPLE-FAMILY (HDMF), AND HOUSING (H) DISTRICTS, AND SETTING FOR 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 November 10, 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. 33, Series of 2003 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G- 3, 12-6H-3, and 12-61-3, of the Vail Town Code shall hereby be amended as follows: (deletions are shown in str-+k~e-ter-eadditions are shown bold) 12-2-2; DEFINITIONS: FUNICULARS, AND OTHER SIMILAR CONVEYANCES: Exterior, tram- like vehicles, designed to move up and down steep slopes by use of rails or tracks. 12-6A-3: CONDITIONAL USES: The following 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. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Single-family residential dwellings. 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. Funiculars, and other similar conveyances. Ordinance No. 33, Series of 2003 2 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. Type ll employee housing unit as set forth in chapter 13 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. Funiculars, and other similar conveyances. 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. Type ll employee housing units as set forth in chapter 13 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. Funiculars, and other similar conveyances. Ordinance No. 33, Series of 2003 3 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. Type 11 employee housing unit as set forth in chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC 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. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. Ordinance No. 33, Series of 2003 4 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF 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. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the MDMF district, subject to issuance of a conditional use permit in accordance with the provisions ofchapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds, and facilities. Public or private schools. Ordinance No. 33, Series of 2003 cJ Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in chapter 13 of this title. 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF 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. Churches. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreation facilities. Public transportation Terminals. Public utility and public service uses. Ski lifts and tows. Time share estate units, fractional fee units and time share license units. Type l/1 employee housing units (EHU) as provided in chapter 13 of this title. 12-6/-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Ordinance No. 33, Series of 2003 6 Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Eating and drinking establishments. Funiculars, and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools and educational institutions, including daycare facilities. Public buildings and grounds. Public parks. Public utilities installations including transmission lines and appurtenant equipment. Ordinance No. 33, Series of 2003 7 Type Vl employee housing units, as further regulated by chapter 13 of this title. 12-16-7-A11: FUNICULARS, AND OTHER SIMILAR CONVEYANCES; a. Funiculars, and other similar conveyances, shall only be allowed when designed for the purpose of providing access to a residential dwelling, as determined by the Planning and Environmental Commission. b. Funiculars, and other similar conveyances, shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the Planning and Environmental Commission. Significant site constraints shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot c. Funiculars, and other similar conveyances, shall only be allowed when designed to be compatible with both the sife upon which they are located and the residential dwelling to which they provide access, as determined by the Planning and Environmental Commission. d. Funiculars, and other similar conveyances, shall only be allowed when designed to be appropriately screened from view, as determined by the Planning and Environmental Commission. 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. Ordinance No. 33, Series of 2003 $ 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 16th day of December, 2003, and a public hearing for second reading of this Ordinance set for the 6th day of January, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 33, Series of 2003 9 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of January, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 33, Series of 2003 ~ ~ ORDINANCE N0.37 Series of 2003 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, OF THE VAIL TOWN CODE; ALLOWING FOR AN AUTOMATIC REDUCTION OF POINTS ASSESSED FOR CERTAIN TRAFFIC OFFENSES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council")have been duly elected and qualified; and WHEREAS, in the interest of judicial economy, the Town of Vail Municipal Court desires to implement a program allowing individuals accused of certain traffic offenses to avoid a court appearance and to allow the accused individual to receive an automatic point reduction, asset forth herein, when a guilty plea is entered prior to the scheduled appearance date. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 7-2A-8(A) of the Vail Town Code is hereby amended as follows: (additions are shown in bold deletions in [ ]) A. The fine or penalties specified in the penalty assessment notice may be paid at the office of the Clerk of the Municipal Court, either in person or by mail, [on or] before the appearance date specified on the penalty assessment notice. If a person pays the fine and surcharge for the violation before the appearance date, the points assessed for the violation are reduced as follows: 1. For a violation having an assessment of three (3) or more points under C.R.S. § 42-2-127(5), as amended, the points are reduced by two (2) points; 2. For a violation having the assessment of two (2) points under C.R.S. § 42-2- 127(5), as amended, the points are reduced by (1) point. 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. Ordinance 37, Series of 2003 , Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 6. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2003 and a public hearing shall be held on this Ordinance on the 6th day of January, 2004, at 6.;00 p.m. in the Council Chambers of the Vaif Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of January, 2004. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 37, Series of 2003 2 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: December 16, 2003 SUBJECT: A second reading of Ordinance No. 32, Series 2003, to adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, to allow for modifications to the existing Alpenrose restaurant, and setting forth details in regard thereto. Applicant: Ted Leach Planner: Matt Gennett I. BACKGROUND On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously approved the applicant's proposal, with one condition related to parking for the new residential unit, which the applicant has met. On July 15, 2003, the Design Review Board unanimously approved the applicant's proposal. On December 2, 2003, the Town Council approved Ordinance No. 32, Series of 2003, on first reading. II. DESCRIPTION The applicant, Ted Leach, has proposed a major amendment to SDD No. 6, Vail Village Inn, Phase I, to allow for 2,132 sq ft of GRFA for a new residence to be located above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located on the second floor of the restaurant, and making it part of the new proposed residence. The total GRFA for Phase I, with the approval of this amendment, would increase from 3,927 sq ft to 6,059 sq ft. All other zoning standards, such as setbacks, building height, and site coverage, are to remain the same as existing. With the reduction of approximately 700 sq ft of restaurant space while retaining the same seating capacity, and the addition of a 2,132 sq ft residence that is nonexistent today, two deed restricted parking spaces dedicated to the new unit have been secured to meet the PEC's condition of approval. ORDINANCE NO. 32 Series of 2003 AN ORDINANCE ADOPTING A REV{SED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR MODIFICATIONS TO THE EXISTING ALPENROSE RESTAURANT AND A DWELLING UNIT ABOVE THE RESTAURANT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 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 June 9, 2003, to consider the proposed amendment in accordance with the provisions of the Tawn Code of the Town of Vail and forwarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Design Review Board of the Town of Vail held a public hearing on July 15, 2003, to consider the related design review application in accordance with the provisions of the Town Code of the Town of Vail and voted unanimously to approve the application; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, Vail Village Inn, Phase 1, complies with the review 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. 6, Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and Ordinance No. 32, Series 2003 { WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 32, Series of 2003, is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Chapter 12-9A-10 of the Vail Town Code. The "underlying" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) 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. 6, Vail Village Inn, Phase 1. 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. 6 Special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, 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 Ordinance No. 32, Series 2003 2 A #, requirements. Section 4. Development Standards, Special Development No. 6 Vail Village Inn, Phase 1 Development Plan - The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated May 27, 2003, and stamped approved by the Town of Vail, dated June 9, 2003: a. A200. Lower Level Plan b. A201. Levels 1 & 2, Floor Plan c. A202. Level 3 Floor Plan d. A203. Levels 4 & 5 Floor Plan e. A204. Roof Plan f. A301. North & South Building Elevations g. A302. East & West Building Elevations h. A401. Longitudinal Building Sections Density-Number of Units - The number of units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall not exceed the following: Dwelling Units - 2 Density -Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the Ordinance No. 32, Series 2003 3 following: GRFA - 6,100 Square Feet Density -Commercial Floor Area - The total commercial square footage units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, shall not exceed the following: Commercial Square Footage - 15,430 Square Feet Parking and Loading - The total number of parking spaces required in Special Development District No. 6, Vail Village Inn, Phase 1, shall include two, off-site, deed restricted parking spaces for the new residential dwelling unit located on the levels four and five above the restaurant use, as shown on the plans. Section 5. 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 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith Ordinance No. 32, Series 2003 4 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. READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2003. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 32, Series 2003rD 5 ~~~~° w w O Z =~~e w =ego _~< ~ ~SoG J ~°po <°-6 W ~O~ APPROVED BY THE Tr~trv~~ OF VAIL ~ ~ ~ FRITZEEN -~ F `4~':``: ;."C AND I I I P I E R C E ENVIRC~~ : `J%:_I . «,~ ~~GvIMISSIdN I I I P~ ~o~ 3 I I DATE: ___~L~-~e~C/..,~-~_-~-~-~ I I I PLANNER: _'y /~~ ~i~~" ARCHITECT S b b b ~..,a N „u'LOWE~,... ~~~LO WER LEVEL PLAN LEVEL ~ o v e• .~~ ~oaTM S ~a~l~ w ~ w O ~ Q„ u~oG Q ~i°u° i o'6 W f'- FRITZLEN PIERCE ARCHITECTS m„~.~ o LEVELSu I s 2 /~~~ i ! 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I I. ~.... _._ _........ _. __- ~FPE ii 9ti (RESIDENTIPL L 2 WEST ELEVATION -~] <` e' I.L~o~ I... _.. ~( ___. ___ ~ _ I - LEVE fPE EXTIAL L ~ v 1._ _.._. '-' ~ -~~---'dPFE 1051 - I ___ .. ~_.. ... .. ,.~_ _ _ .. LML 41kE I„. MII~1 LEVEL ]1 ..-.BEEF LIO]-]' ...... _. ~~ -. III i .~ n I I I ~ LEVEL 9 (RESIDENtIAL LevEy,U 11 ._ I ___. LEVEL ] IRESTN.K~NT LEVEL ])- ~1_- EVELI STILAh~T LEVEL _______.._ ..._-__._._ ____.... _. ____.___- __-_.__._____ f~._.____ ..__._V...___ EAST ELEVATION ~1'FE a ]' o ~ r e~' ^ ® ~ L1J w O ~ w ~~g« ~ ~soG J =zoo W >o> I _ > I- FRITZLEN PIERCE ARCHITECTS ~a coa ~ BUILDING LEVATIDNS ~~®~ 5 la~~o~ ~~ z~ ~~,~ IEVFL ]) LCVGL U w r O ~ Z ? ~ m o Flo w Z~ far V$OCi J 2~°p Q =oe W ~O~ i- ' ICVEL o (KITCNGW Level 91 Le""" FRITZLEN IeVEL 9 PIERCE `~"' ARCHITECTS ~~ a ~~~~BUhLDING ~~ SEG TIONS ^^ ~~P® _~9 SL ~.~331C ~H ~~ ~liil~l ~~~ -.-._ - _..._ __-_r. rZ. I _~^~ r 4 4 r 4 3 CROSS SECTION 'O a 3' ~ •' D' ^ ir~e~ ~ ~cvei. v LCVEL q Llv2L y .emi u ~~,~~03 O ~3„ w §ggk ~ uQoG J 5zoo Q ~~< L1J ~ ~ I- FRITZLEN PIERCE ARCHITECTS BUILDING S^^EGTION5 ~i~®~ ~~ MEMORANDUM TO: Town Council FROM: Community Development Department DATE: December 16, 2003 SUBJECT: Ordinance No. 34, Series of 2003, a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The Eagle River Water and Sanitation District is proposing to amend the Official Zoning Map for the Town of Vail to rezone Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. II. BACKGROUND At its October 27, 2003, public hearing, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval to the Town Council of the rezoning. The Commission's recommendation was based upon the review of the criteria noted in Section VIII of the October 27, 2003, staff memorandum and the evidence and testimony presented, with the findings noted in Section IX of the staff memorandum. On December 2, 2003, the Town Council voted 6-0-0 to approve Ordinance No. 34, Series of 2003, on first reading with no modifications. II1. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 34, Series of 2003, on second reading to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning Lot 1, Eagle River Water and Sanitation District, from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts to the General Use zone district, and setting for details in regard thereto. 1 ~~- Staff's recommendation is based upon the review of the criteria noted in Section VIII of the October 27, 2003, staff memorandum and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 34, Series of 2003, on second reading, the Community Development Department recommends the Town Council makes the following findings: 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. IV. ATTACHMENTS Attachment A: Ordinance No. 34, Series 2003 2 ORDINANCE N0.34 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, EAGLE RIVER WATER AND SANITATION DISTRICT, FROM THE OUTDOOR RECREATION AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS TO THE GENERAL USE 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 WHEREAS, 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 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 ofapproval at the October 27, 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. 34, Series of 2003 1 Section 1. Zoning Map Amendment The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 1, Eagle River Water and Sanitation District, shall be rezoned to the General Use zone district from the Outdoor Recreation and Lionshead Mixed Use 2 zone districts; as shown on Exhibit 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. 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. Ordinance No. 34, Series of 2003 2 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 2"~ day of December, 2003 and a public hearing for second reading of this Ordinance set for the 16th day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 34, Series of 2003 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16'h day of December, 2003. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 34, Series of 2003 4 Eagle River Water and Sanitation District -Proposed Zoning °T=~,~ 646 West Forest Road & 890 South Frontage Road Ordinance No. 34, Series of 2003 Exhibit A +` '•?ii1i1~~ Proposed Zoning .ii?•`•.•}a`•;~;-;~"~i, }}. 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S.. r... }•a}i}!3}}i}1}}}iii}}}a}i}}•a..,.a.a.a.a.;.i.a.a.a }p}31i}r`.3}3`..4}}i!:}ii3}i}i}}}r r}3k31}1:k3}iif}i1i}i}{'{,. r ri}i3i}1i}. }!3}3 .a a {fa. ~~,~ ~''~ °:~:-;- e-C k~~;;~f=~°``~~~~ Approx. Parcel Linewr~rk 100 0 100 Feet 1"=100' This map was sealed by U}e Tenn Vail GIS Department Use I d Utis rlnp slauld be for genefal rposes Doty. The To~,iLr of Vail does rat warrant the acaracy of t lnfonnaGon contained herein. ORDINANCE N0.35 Series of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING THE LIONSHEAD TENNIS COURT SITE, UNPLATTED ,FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO TWO-FAMILY PRIMARY/SECONDARY DISTRCIT (PS) DISTRICT AND REZONING THE SKI-WAY/UNPLATTED, FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO OUTDOOR RECREATION (OR) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2003, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendments to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHERAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" 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 f~ v quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The unplatted Lionshead tennis court site shall be rezoned from Agriculture and Open Space (A) District to Two-Family Primary/Secondary (PS) District; and the unplatted ski-way shall be rezoned from Agriculture and Open Space (A) District to Outdoor Recreation (OR) District, as illustrated on Exhibit A (attached) and described by metes and bounds in Exhibit B (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. 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 fN FULL ON FIRST READING this 2"d day of December, 2003 and a public hearing for second reading of this Ordinance set for the 16~h day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16tH day of December, 2003. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk -_,y, , cma~ Lionshead Tennis Court Site and Ski-Way -Proposed Zoning Vail Town Council December 16, 2003 ~-4:.,~ Ordinance No. 35, Series of 2003 ,~-~-. i ~~C~ ~ ~ ~. ~ ~ / .,/ ~~~~~.;~ UNPLATTED The Tennis Court Site Parcel Description: A Parcel of land located in the North half of Section 7, Township 5 South, Range 80 West of the 6th Principal Meridian, Town of Vail, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at the Northerly most Angle Point of Tract B, Vail/Lionshead Second Filing, thence along the Southerly line of said Tract B, S 63°55'01"W a distance of 245.00 feet, said line also being the Basis of Bearing for this description; thence South 04°04'57"E a distance of 55.00 feet to the Southeasterly Corner of Tract B, Vail/Lionshead Third Filing, said point also being the True Point of Beginning; thence S02°06'33"E a distance of 409.46 feet to a point on the Northerly line of a Holy Cross Underground Right-of--way Easement as recorded at Reception No. 728663, thence along said Northerly line S 85°25'37"W a distance of 45.22 feet to the Northeasterly Corner of Forrest Road Right-of--Way as shown on the Plat of Vail Village Sixth Filing, said point also being a point of Curvature; thence along the Northerly Right-of--Way of said Forrest Road, 129.59 feet along an Arc of a Curve to the Right, having a Radius of 275.00 feet, a Central Angle of 27°00'00", a Chord which bears N81 °04'23"W a distance of 128.39 feet; thence N 67°34'23"W a distance of 270.00 feet to the Southeasterly Corner of Lot 2, Block 2, Vail Village Sixth Filing; thence along the Easterly line of said Lot 2, N22°25'37"E a distance of 130.00 feet; thence N10°47'48" W a distance of 69.28 feet to the Northeasterly Corner of said Lot 2, said point also being a point on the Southerly line of said Tract B, VaillLionshead Third Filing; thence along said Southerly line of Said Tract B, Vail/Lionshead Third Filing, N81°58'31"E a distance of 151.03 feet; thence N69°54'41"E a distance of 234.53 feet to the True Point of Beginning, said Parcel containing 2.761 acres more or less. Gordon S. Page III PLS#29048 For and on the behalf of Peak Land Consultants, Inc. Exhibit B Ski-way Tract Parcel Description: A Parcel of land located in the North half of Section 7, Township 5 South, Range 80 West of the 6`h Principal Meridian, Town of Vail, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the Northerly most Angle Point of Tract B, Vail(Lionshead Second Filing, thence along the Southerly line of said Tract B, N82°55'01 "E a distance of 111.00 feet, said line also being the Basis of Bearing for this description; thence S 02°37'43"E a distance of 399.27 feet to the Common Corner of Lot 1 Block 2 Vail Village Sixth Filing and Lot 5, Block 4 Vail Village Third Filing; thence along the Northerly Line of said Lot 1, Block 2, Vail Village Sixth Filing S 24°49'22"W a distance of 259.20 feet to a point on the Northerly line of Tract A, Vail Village Sixth Filing; thence along said Northerly line the following Two (2) Courses 1 64.13 feet along an Arc of a Curve to the Left, said Curve having a Radius of 125.00 feet; a Central Angle of 29°23'45", a Chord which bears N79°52'31"W a distance of 63.43 feet; 2 thence S 85°25'37"W a distance of 200.00 feet to the Northwesterly Corner of Said Tract A; thence along the East Edge of Forrest Road per said Plat of Vail Village Sixth Filing N04°34'23"W a distance of 50.00 feet; thence along the Northerly Line of a Holy Cross Underground Right-of- Way Easement as recorded at Reception No. 728663, N 85°25'37"E a distance of 45.22 feet; thence N02°06'33"W a distance of 409.46 feet to the Southeasterly Corner of Tract B, Vail/Lionshead Third Filing; thence Along the Easterly line of said Tract B, Vail/Lionshead Third Filing, N04°04'57"W a distance of 55.00 feet to the Southwesterly Corner of said Tract B, Vail/Lionshead Second Filing; thence along the Southerly line of said Tract B, Vail/Lionshead Second Filing N63°55'01"E a distance of 245.00 feet to the Point of Beginning, said Parcel containing 4.226 acres more or less. Gordon S. Page III PLS#29048 For and on the behalf of Peak Land Consultants, Inc. ORDINANCE NO. 36 Series of 2003 AN ORDINANCE AMENDING SECTION 12-7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE A BUILDING), VAIL TOWN CODE, TO AMEND THE LIST OF CONDITIONAL USES AND ALLOW SINGLE-FAMILY RESIDENTIAL DWELLINGS AND TWO-FAMILY RESIDENTIAL DWELLINGS AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE-1 ZONE DISTRICT; AMENDING SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, TO ADD FOUR USE SPECIFIC CRITERIATO BE USED IN THE EVALUATION OF A CONDITIONAL USE PERMIT REQUEST FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS IN THE LIONSHEAD MIXED USE - 1 ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the text amendment furthers 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 November 24, 2003, meeting, and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the text amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vait Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the text amendment furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the text amendment promotes 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. 36, Series of 2003 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-5 and Section 12-16-7 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in ~+r;'-° +"Y^, ~^"/additions are shown bold) 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OFA BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Single-family residential dwellings Ski lifts and tows. Television stations. Two-family residential dwellings Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. And, 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 11. Single-family and two-family residential dwellings in the Lionshead Mixed Use 1 zone district: Single-family and two-family residential dwellings shall be allowed when: Ordinance No. 36, Series of 2003 2 a. Developed as part of a coordinated mixed-use development; and b. Alow-density residential scale is advantageous to create compatibility with or a transition to other low-density residential development in the vicinity of the coordinated mixed use development; and c. The single-family and two-family residential dwellings are designed to the same general scale and character of residential dwellings in residential zone districts that allow single-family and two-family residential dwellings; and d. The proposed coordinated mixed-use development containing the single-family and/or two-family residential dwellings is consistent with the intent and objectives of the tionshead Redevelopment Master Plan. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 36, Series of 2003 3 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 2"d day of December, 2003, and a public hearing for second reading of this Ordinance set for the 16th day of December, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2003. ATTEST: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 36, Series of 2003 4 FROM: Stan Zemler, Town Manager RE: Town Manager's Report DATE: December 16, 2003 AUTOMATIC EMERGENCY DEFIBRILLATOR (AED) Two AED's have been delivered to the PD. One has been placed in checkpoint and the other in the jail. The one in the jail is located in the upper middle cabinet with a sign stating "AED HERE". AWARD NEWSPAPER OF GENERAL CIRCULATION BID Please see attachment. NEW YEARS EVE BUS SERVICE In the interest of public safety and as a continuation of other measures the town has already taken, bus service will be terminated into Vail Village from 11:00 P.M. to 12:00 A.M. midnight New Year's Eve. MEMORANDUM T0: TOWN COUNCIL FROM: Stan Zemler, Town Manager RE: Legal Newspaper of Record for the Town of Vai! DATE: December 16, 2003 The town annually establishes a newspaper of~record for all public notices. We have requested the two daily and weekly newspapers in Eagle County, the jai/ Trail and the I/ail Daily respond to our bid request The bids have been opened and the chart below displays the comparison of each of the bids. The newspaper of record will be appointed at the evening meeting of December 16, 2003 at 6:00 p.m., or as soon thereafter as the matter can be heard. Newspaper Bid Proposals for the Town of Vail for 2004 Newspaper Classified Ads/Legal Publications Display Ads Vail Trail $5.00 per column inch $5.00 per column inch (Legals are based on a 5-column format (Display advertising, column which is 1-3/4" wide and 1" in depth) inch rate is based on a 6 column format which is approx. 1-1/2" wide by 1" in depth) Vail.Daily $3.60 per column inch $3.20 per column inch (Legals are based on a 5-column format (Display advertising, column which is 1.867" wide and 1" in depth) inch rate. is based on a 6 column format which is approx. 1.53" wide by 1" in depth) f December 2, 2003 Town of Vail Attn: Lorelei Donaldson, Town Clerk 75 South Frontage Road Vail, CO 81657 Dear Lorelei: The Vail Daily bid for the 2004 Town of Vail's legal and display column per inch price is $3.20 for display and $3.60 for legal. Effective Jan. 1, 2004 through Dec. 31, 2004. The Vail Daily will provide a notarized proof of publication that will be sent after the last publication date of the legal or public notice. A receipt with the amount due for that specific legal or public notice will also be provided with the proof of publication. Additionally, by the 5th of each month a monthly invoice will be mailed with tearsheets. The Vail Daily offers a 5 column legal and 6 column display format. (Attached mechanical specifications.) Special deadline consideration may be needed for 2 pgs plus legal ads for processing and proofing to ensure accuracy of the ad. Legal and public notices are best received electronically, again to ensure accuracy. The Vail Daily is excited to submit this bid once again. Sincerely, R \ An ea Palm-Porter Advertising Director Lorelei Donaldson -Explanation of Bid Page 1 ~ From: "Andrea Palm-Porter" <andrea@vaildaily.com> To: <Ionaldson@vailgov.com> Date: 12/10/03 9:52:37 AM Subject: Explanation of Bid Dear Lorelei, I wanted to explain a couple things about the Vail Daily's legal bid. You asked for one price for both legals and display advertising. In our publications legals area 5 column format and display is a 6 column format. By having different column widths for legals and display, we are showing you two prices. $3.20 column inch price for display $3.60 column inch price for legals These prices reflect the same price per page. Here is an example to explain: For display there are 90 column inches per page (based on a 6 column format). So, take 90 x $3.20 = $288 per full page ad. For legals there are 80 column inches per page (based on a 5 column format). So take 80 x $3.60 _ $288. In summary, you are getting the same price per page. The actual price per inch is different because of the format of the sections. If you have any questions, call me at home 524-0612 through December 28. I will be returning to the office on December 29. My number as of then will be 949-0555 x 400. Thank you for the opportunity to bid for your business. Andrea Palm-Porter Vail Daily b COLORADO ~VIOUlVTA1N NEWS MEDIA Ad Sizes -~ .~ . ~ 1 col. = 1.53" 4 col. = 6.6" 2 col. = 3.22" 5 col. = 8.3" 3 col.=4.91" 6col.= 10" Doubletruck = 20.75" x 15.25" Modular ad sizes listed on separate sheet Maximum page depth: 15" 1 col. = 1.46" 8p9.12 2 col. = 3.1" 18p7 3 col. = 4.72" 28p4 4 col. = 6.35" 38p1.2 5co1.=8" 48p 6 col. = 9.63" 57p9 Maximum page depth: 11" Modular sizes. 1 /8 page = 3 col. x 2.75" 1/4 page=3col.x5.5" 1/2 page vert = 3 col. x 11" 1 /2 page horz = 6 col. x 5.5" Full page = 6 col. x 11" Full page wJ bleeds=10.25"x12.5" "CALL TO VERIFY DOUBLETRUCK ~ ~- 1 col. = 1.17" 7p.24 2 col. = 2.35" 14p1.2 3 col. = 3.6" 21 p7.2 4 col. = 4.85" 29p1.2 Maximum page depth: 7.85" Modular sizes.• 1 /4 page = 2 col. x 3.75" 1/2 page vert = 2 col. x 7.85" 1/2 page horz = 4 col. x 3.75" Full page = 4 col. x 7.85" _Ful1 page w/_bleeds = 5.85"x 8.85" 1 col. = 1.42" 8p6.24 2 col. = 3" 18p 3 col. = 4.6" 27p7.2 4 col. = 6.17" 37p.24 5 col. = 7.78" 46p8.16 6 col. = 9.35" 56p1.2 Maximum page depth 13.24" Modular sizes:: 1 /8 page = 3 col. x 3.21 "'(3.33°) 1 /4 page = 3 col. x 6.53" "(sss7°~ 1/4 page = 6 col. x 3.55" "(3ss7°~ 1 /2 page vert = 3 col. x 13.24" "(13.5") 1/2 page horz = 6 col. x 6.53" "(s.ss7") Full page = 6 col. x 13.21" "(13.5°~ "SIZE WHICH WILL BE LISTED IN THE PBS SYSTEM "CALL TO VERIFY DOUBLETRUCK -~ .~. 1 col. = 1.56" 9p4.5 2 col. = 3.28" 19p9 3 col. = 5" 30p1.5 4 col. = 6.75" 40p6 Doubletruck = 14" x 9.25" Maximum page depth 9.25" Modular sizes: 1 /8 page = 3.28" x 2.3" 1/4page=3.28"x4.6" 1 /2 page vert = 3.28" x 9.25" 1/2 page horz = 6.75" x 4.6" Full page = 6.75" x 9.25" Full page w/bleed = 7.35" x 10.6" Final page trim size = 7.25" x 10" :, 1 col. = 1.32" 7p11.04 2 col. = 2.75" 16p6 3 col. = 4.21" 25p3.12 4 col. = 5.64" 33p10.08 5co1.=7.1" 42p7.2 6 col. = 8.53" 51 p2.16 7 col. = 10" 60p Maximum page depth: 16" updated 11.17.03 by Malisa Davis CMNM Display Ad Sizes Full Page 10"x15" (60p x15") 70% 10"x10.42" (60p x10.42") 2/3 Page 6.6"x15" (39p 8x15") 1I2 p age Horizontal 10"x7.42" (60p x7.42") 1/2 p age Vertical 4.89"x15" (29p 6x15") _ _ _ 47% 6.6"x10.42" (39p 8x10.42") __ 42% 4.89"x12.42" (29p 6x12.42") 35% 4.89"x10.42" (29p 6x10.42") 1 /3 p age Horizontal 6.6"x7.42" (39p 8x7.42") 1/3 p ale Vertical 3.21.:"x15" (19p 4x15") 30% 6.6"x6.42." (39p 8x6.42") 1 /4 p age Vertical 4.89"x7.42" (29p 6x7.42") 1/4 p age Horizontal 6.6"x5.42" (39p 8x5.42") 23% 3.21 "x 10.42" (19p 4x 10.42") 22% 4.89"x6.42" (29p 6x6.42"} 20% 6.6"x4.42" (39 8x4.42") 19% 3.21 "x8.42" (19p 4x8.42") _ ___ 18% 4.89"x5.42" (29p 6x5.42") 17% 3.21 "x7.42" (19p 4x7.42" 14% 3.21 "x6.42" (19p 4x6.42") 1 /8 p age 3.21 "x5.42" ~19p 4x5.42") 11 % 4.89"x3.42" (29p 6x3.42") 10% 3.21 "x4.42" ~19p 4x4.42") 8% 3.21 "x3.42" ~19p 4x3.42") 1/16 page 3.21 "x2..42." (19p4x2.42") When building an ad, Please add 0.04" of white space to the top and the bottom of the ad. updated 6.2.03 in~e:~,TRAII "Follow The Trail...it leads to results! (970) 328-7245 Drawer 6200 -Vail, Colorado 81658 December 10, 2003 Town of Vail Attn: Lorelei Donaldson, Town Clerk 75 South Frontage Road Vail, Colorado 81657 Dear Lorelei Once again, thank you for giving us the opportunity to participate in the bid process to become the Official Town of Vail Newspaper. We are hereby sub- mitting abid for both legal and display advertising and thereby becoming the Town of Vail's Formal newspaper of record for the calendar year of 2004. "BID 2004-1 -LEGAL ADVERTISING" Our submitted rate for all Legal and Display Advertising will be $5.00 per column inch which breaks down to 71 cents per day due to our weekly format. This legal rate is based on a 5-column format which is 1-3/4" wide by 1" in depth and using 6 point helvetica type on a leading of 7 on all legals. For display advertising, this column inch rate is based on a 6 column for- mat which is approximately 1-1/2" wide by i" in depth. We would like to remind you that, as a weekly, our product has a shelf life of one week and there- fore, gives you seven days exposure of your advertising messages. In addition, as part of this bid, we will provide certification of publication notices and invoic- ing in a timely manner as per your instructions. Thank you for the opportunity to submit a bid for the legal and display advertising of the Town of Vail and we look forward to your response. If you need any further information, please feel free to contact me at 328-7245. My fax number is 328-0573. 7 ~..~~ ~' ~ ~ ' ~{- ~' ~ i +~h 1~ ~ ~ ~ s~ - a;~: ,; , ~ r ~ , t I ,,. } 1 '"II ~ ~~` ~~~ ~. ~. ~~. I :~ ;,*. ~~~ I y~~i ~ _ - ,. t. ~ ~ ~~ } Ip ! _ ` r ~ .tY- } ~,:..:~ ! v ~k- -f, ~ q- _ ~ - 4R ' .. ~ . a . ~ ~., ,. r r - ~- -,-. h ~ ; ~ .rte .~. a. ;7 >g-' x _ _ :"F } - ~ \ ~ ~~!~'; ~~.~q ,' 4 f 1 ~.A ~ 1 ~ 1. > r •5 +~ t. •• A.. ~'~ jR. ~ i'1 ~ f ~' 4,1 ~ ~, Sa~ , ~. :~ ., ~- ~. f pr ,i` / f ~~~~ r v~ds { ,• ~.: "~ !` { v'!'1 t P -v~~ Af ~ ~~P ~_ _¢ is `~;,~~? ~~ ' , ,.. ~~ ~. ., tt c ~ r. y b n ~ T ~ Jr ~. ~~~ ~,1 ~. 6y { ! j/' ~ 6 ~:r .Ft 4 f~~!Ll:. _ e~ ti _ N y~., , , 4. i f aQ~~~~.. 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F 1, -,__ 0 e _ Activity Le 1 q (h r Cate o ) Des 9 ry cnption of gctivit C q Y ategory 57 .ands on which (Exterior) significance a seren-ty and quiet are. of extr nd serve an im aordinary where the preservation p°rtant public need and area is to continue of those qualities is eSSe B 67 P. to serve its intended ntial if the -cn-c areas,. recreation are purpose..... (Exterior) areas,:. ar as, plaY_ roue p ks, res-denCeS g ds, active sports churches, libraries and 'motels, hotels,. schools,: C 72 p hospitals eveloped lands, :properties (Exterior) sate on or activitie . p g es A or B above snot -ncluded -n ~-~"" undeveloped fang E 52 s , , Res-dences, motels, ho Nntenor) schools, churc tels, public meetin rl~o~ hes, libraries, hospitals 9 5 ~ and ~ ~ ~,,~ , , ~,,~.,~ -- "`"' `'C"'e changes in sound level. -A 2 to 3 dB change is the A 5 dB change is readi Sma~~est perceivab1e chap e, -A 1 ~ dB Chan ~y perceived, g ge appears to double or half t Ieve1, he sound _, ,,+ e '"~ - Basics of Traffic Nois -Traffic Noise De e pends on: ^The volume of the traffic. ^The speed of the traffic. ^The number of trucks in the flo w of traffic, ^ Dominant for autom • ob~les ~ Ma Colorado law states that an y be important for trucks y commercial vehicle, subject to 'High Frequency "whine" re istr g atlon and operated on a - E rl I n e N O I S highway that i s e ui ed g e q pp with an ~ ~ engine compression brake device mportant for trucks is RE ' - QUIRED to have a muffler. -Exhaust No' use ^ important for trucks ^Low fre uenc Turn ~~ q y ble Effect of Traffic Volume 2000 vehicles per hour sound twice as loud as 200 vehicles per hour Yolume of Traffic -~ 69 m a~ ~ 66 J ~ 63 60 3 dB increase per doubling of volume dB change = l OLOG(V2/V 1) 200 400 ._600 800 1000 1200 Traffic Volume Per Hour Effect of Speed Traffic at 65 miles per hour sounds twice as loud as traffic at 30 miles per hour ~, ~~o,~~~~ Effects of Trucks One truck at 55 miles per hour sounds as loud as WY/ii~111+ R I _ ~ ~ ~ ~ - ~ i gy 28 cars at 55 ele miles er p ho ur iP ~ .~• ^ -A Type I project is a Federal aid highway project for the construction of a highway on a new location or the physical alteration of an existing highway. ^Must significantly change either the horizontal or vertical alignment or ^Increases the number of #hrough traffic lanes. - Require noise analysis and consideration for mitigation. -Type I projects include, following activities: but are not limited to, the ^Addition ofthrough-travel lane(s) to an existing highway. ^Addition to a highway of continuous acceleration/deceleration lanes that exceed 0.5 miles in total length. ^Additions of new interchanges or alterations of existing interchanges. ^Addition ofhigh-occupancy vehicle (HOV) lanes to existing highways. ^A project which consists of a change in vertical profile of 5 feet or more. ^Alteration of highways such that the horizontal distance between the nearest centerline of travel and existing sensitive receivers is approximately halved. -Type II projects are defined in 23CFR772 as projects that provide noise abatement on existing highways through "retrofit" of noise barrier in a location where there will not be any new highway construction. -NEPA does not mandate Type II mitigation. -CDOT does not currently fund Type II mitigation. What is the Legal Noise Standard For Nighways in Colorado? There isn't one -The CDOT Noise Abatement Criteria (NAC), 66 dBA for residential properties or 71 dBA for commercial properties, are not legal standards. They are the levels at which noise impact occurs.. Y -Colorado Constitution, Article XI, Sec. 2, prohibits state donations to private entities. -Potential need for compliance with National Environmental Policy Act (NEPA) when using federal-aid rights of way for noise walls. ~. .r - Rights of way, having been purchased with federal and state HUTF funds, must be used for transportation purposes, not for private benefit (CO Const. Art. X, Sec.18 limits HUTF to use for "public highways"). - Potential conflicts with other users of the right of way, e.g. utility installations, that are legally located within the right of way. ,~w~ =__ So, CDOT will provide noise mitigation whenever the NAC are exceeded, right? Not necessarily. Mitigation CONSIDERATION will take place if a property is impacted in conjunction with a Type I major highway project. When do they apply? If noise levels after construction of a project v approach or exceed the NAC, or o substantially exceed existing levels Noise mitigation must be evaluated. Feasible and Reasonable Feasible: Is it physically possible- to implement mitigation that would achieve the goal. Reasonable: Does it make sense and is it practical to provide the mitigation. Feasibility -A minimum of 5 dBA noise reduction for impacted receivers must be provided for abatement to be considered feasible. Feasibility can be limited by: o safety o maintenance otopography access requirements (i.e. driveways) o local cross streets v other noise sources (background) Overall Reasonableness Life cycle of abatement measures Environmental impacts of abatement construction Opinions of impacted residents Input from the public and local agencies Social, economic, environmental, legal, and technological factors -General Public a d Involvement -Coordination oc Agencies Real World Effectiveness ~~ Breaking Line of Sight Results in 5 dBA Insertion Loss Real World Effectiveness Each Additional Foot Provides 0.5 dBA Improvement G'. How much quieter will a noise barrier maKe in my neighdorhood? A noise barrier is designed to reduce noise levels 5-10 dBA (ranging from noticeably quieter to "half as loud") at the first one or two of rows of homes adjacent to the highway at ground. level. After that, noise reduction from barriers is marginal. t, by plaming trees and shrubs or through use of different pavement types? Unless the vegetation is at least 100' thick and at least 16' high, there will be little "real" noise reduction associated with these plantings (less than 3 dBA in most cases). Research on pavements and noise is inconclusive at this point. Use of different pavement types or surface textures is not considered an effective noise abatement measure per CDOT's Noise Analysis and Abatement Guidelines . Now much of a noise reduction is possible DRAFT POLICY CDOT does not fund a Type II Noise Barrier Program CDOT Noise Analysis and Abatement Guidelines (DNAAG) -December 2002 Locally Funded Barriers On Private Property Applicant -Governmental Entitiy/Agency Intergovernmental Agreement (IGA) DRAfT POLICY Costs By Applicant Studies - oDesign o ROW oConstruction Oversight TPR/MPO Approval Ownership/Maintenance Construction Cost Concrete Noise Wall [12' highl 500' of noise wall is $180,000 $30.00 per square feet $360.00 per lineal foot (12' high) $2.0 million for one mile 1 Cost Other Routine Construction Activities Concrete noise wall (12 ft high) $180,000 per 500feet. Resurfacing iwo-lane highway $175,000/mile. Concrete noise wall (12 ft high) $2.0 million/mile Reconstruction two-lane highway $1.5 million/mile. New construction of a two-lane highway $2.Omillion/mile. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: December 16, 2003 SUBJECT: INFORMATIONAL HANDOUT Town of Vail Gross Residential Floor Area Amendment History Planner: Bill Gibson 1. SUMMARY This memorandum is intended as an informational handout to provide the Town Council with a chronological background of the past amendments to the Town's Gross Residential Floor Area (GRFA) regulations. Staff is not requesting to formally present this information to the Council at a regularly scheduled meeting. However, should the Council desire a formal presentation; Staff will schedule this topic as an item at the Council's next regularly scheduled afternoon worksession. II. GROSS RESIDENTIAL FLOOR AREA (GRFA) AMENDMENT HISTORY Descriptions of the amendments to the Town's GRFA regulations which have occurred prior to 1998 are described in the attached 1996, Braun Associates, Inc. GRFA Analysis/Preliminary Report (see Attachment A). The following is a brief summary of the amendments to the Town's GRFA regulations which have occurred since the drafting of the Braun Associates, Inc. report: Ordinance No. 16, Series of 1998 This ordinance established the "Interior Conversion" provision to allow the unlimited conversion of interior spaces to GRFA in dwellings that existed prior to August 5, 1997. Additionally, this ordinance applied the "250 Ordinance" (i.e. originally established by Ordinance No. 4, Series of 1985} to existing, multiple-family dwellings. Ordinance No. 6, Series of 2000 This ordinance established GRFA bonuses to provide incentives for the creation of Employee Housing Units. Ordinance No. 5, Series of 2001 This ordinance allowed existing, non-conforming dwellings to be eligible for the "250 Ordinance" and "Interior Conversion" GRFA bonuses. III. ATTACHMENTS Attachment A: 1996, Braun Associates, Inc. GRFA Analysis/Preliminary Report (excerpt) 1 Attachment: A IV. I/VOLUTION OF VAIL'S GRFA SYSTEM The following chronology summarizes the major changes [hat have been made to the GRFA system over the past 27 years: Ord. 7. 1969 This ordinance enacted the Town's first comprehensive zoning regulation. FAR, or "floor area ratio" was defined and maximum floor area ratios were established for residential development and commercial development. The single-family and duplex zone district permitted up to .33:1 FAR and also required a minimum floor area of 900 per unit. Vail's original zoning code did not include buildings height or site coverage limitations. Ord. 8. 1973 This was a comprehensive revision to the zoning code. A definition of Floor area, Gross Residential (GRFA) was established by this ordinance. Minor changes we1•e made to allowable GRFA in most districts. Building height, site coverage, and "Building Bulk Control" was also added to multi-family zone district and other higher density districts. Building Bulk Control established maximum length and off-set requirements for buildings. Ord. 19. 1976 Comprehensive revision to Ord. 8 of 1973 which established height definition based on average distance of the finished grade at lowest point, mid-point and highest point of exterior wall; established minimum distances between buildings in various zone districts; established graduated scale to determine allowable GRFA; and established an absolute maximum GRFA for duplex structures of 4,000 square feet. 01-d. 30. 1977 Reduced allowable densities (allowable units). in most residential zone districts. O~•d. 50, 1978 Reduced allowable building height in single-family, duplex and primary/secondary zone districts to 30'; reduced allowable density and GRFA in RC, LDMF and MDMF districts. Ord. 37, 1980 Modified definition of GRFA by excluding crawl spaces with less tlZan 6' 6" clearance; adding garage credit for single-family, duplex and p/s development; definition of height changed to distance between ridge and existing or finished grade, increased building height to 33' for sloping roofs in single-family, duplex and p/s districts. Ord. 41. 1982 Modified definition of GRFA by establishing definitions for crawl space and attic space, changing the 6' 6" crawl space Wile to 5', counting overlapping staircases only once, and adding credits for mechanical space (50 sq. ft.), airlocks (25 sq. ft.), storage (200 sq. ft.), and solar heating rock storage areas. Ord. 4. 1985 - .. .~ ~ . Established the "250 ordinance" allowing for additions of up .to 250 square feet of GRFA to homes that are at least five years old. GRFA ANALYSIS/PRELIMINARY REPORT Braun Associates, Inc. 6 ord. 36. 1988 Allowing for use of 250 Ordinance in cases where the renovation of the dwelling involves the "complete removal of the building and its foundation and the replacement thereof'. Ord. 9, 1991 Proposed ordinance to repeal the 250 ordinance~was denied. Ord. I5, 1991 Modified the definition of GRFA by counting the total square footage of all levels of a building including substantially enclosed decks; eliminating the credits for mechanical, storage, airlocks and solar rock stol-age; and adding an additional 425 square feet of GRFA per allowable unit in the single-family, duplex and primary/secondary districts. Ord. 17. 1991 Modified. the definition of site coverage to include covered decks, stairways, etc, and overhangs greater than 4'. Ord. 17, 1994 Modified definition of GRFA to include bay windows and established provisions for up to 60% of allowable common area in multi-family buildings to be used as GRFA for Type III and IV EHUs. The evolution of GRFA and other bulk and mass regulations reveal a number of interesting points: • The definition of GRFA has undergone at least four major amendments in the past 27 years. • The Town's first zoning ordinance did include limits on F.A.R., however it did not include height or site coverage regulations. Height and site coverage regulations were added in 1973. • "Building bulk" control was added in 1973 and deleted in 1976. This regulation required offsets in buildings to avoid large, unbroken wall planes. • The 1980 amendment to the definition of height (distance between ridge and existing or finished grade) was very significant in that it kept the height of buildings relative to the grade of a lot and in doing so minimized building bulk. • The amendment to site coverage in 1991 added covered decks, patios and overhangs to the definition of site coverage, effectively reduced the area of~a lot that could be covered by -_ buildings. -.. - -. V . SURVEY OF OTHER RESORT COMMUNITIES The following summarizes how other mountain resort communities regulate the bulk and mass of low-density residential development. This not a scientific survey, rather it is a compilation of case studies which demonstrates the variety of methods used to regulate building bulk and mass. Town of .Breckenridge, _Colorado . Breckenridge utilizes a performance based development review process which places an emphasis on qualitative standards as opposed to quantitative standards. Breckenridge also has different development standards for its historic downtown area and outlining residential areas. The following analysis pertains only to the Town's outlying residential areas. GRFA ANALYSIS/PRELIMINARY REPORT Braun Associates, Inc. ~ . ~~ ~• United States Forest White River Holy Cross Ranger District ~ Department of Service National 24747 US Highway 24 Agriculture Forest P.O. Boz 190 Minturn, CO 81645-0190 (970) 827-5717 FAX 970) 827-9343 b-~: ~,/ File Code: 1950-1/2720-2 Date: December 2, 2003 Bob McLaurin Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Bob: Enclosed is a Draft Decision Memo addressing two proposals submitted by D&L Ranches for additional winter use at Piney River Ranch. The Draft Decision Memo proposes to authorize an additional 2,230 service days for winter Hummer dinner tours to Piney River Ranch via the Red Sandstone and Piney Roads and an additional 1,000 service days for snowmobile tours in the Red & White Mountain/Lost Lake areas. I am also proposing to approve a connector trail between the Red & White Mountain Road and the Red Sandstone -Muddy Pass Road. The approved connector trail uses National Forest System Road 433. My decision also includes removing use of the Lost Lake Trail #1893 from the Red Sandstone -Muddy Pass Road to National Forest System Road 786 from the special use authorization. Comments aze invited to help guide this analysis. To ensure consideration in my analysis, comments must be postmazked or received within 30 days of the date of this letter. Please address your comments to Cal Wettstein, District Ranger, Holy Cross Ranger District, P.O. Box 190, Minturn, Colorado 81645. Comment letters should include: (1) Name, address, telephone number, organization represented, if any; (2) Title of the document on which the comment is submitted; and (3) Specific facts and supporting reasons for the Responsible Official to consider. Copies of the final Decision Document will be mailed to those people who have submitted comments and to those who request a copy. Please contact David Van Norman to obtain additional information on the proposed action at the above address or at 970-827-5159. Sincerely, /S/ CALVIN G. WETTSTEIN CALVIN G. WETTSTEIN District Ranger Caring for the Land and Serving Peo le Printed on Re aed P ~I~ P ~v ~e~ DRAFT DECISION MEMO D&L Ranches Additional Winter Use Days USDA Forest Service, Rocky Mountain Region, White River National Forest Holy Cross Ranger District Eagle County, Colorado I. DECISION TO BE IMPLEMENTED A. Description of Decision Piney River Ranch is located on Piney Lake approximately ten miles north of Vail, Colorado. The ranch is located on private lands owned by the Denver Water Boazd and leased to D&L Ranches, LLC. The private land contains several buildings including a lodge, several cabins, rest rooms, and a horse corral. Winter and summer recreational services have been provided at the ranch for more than twenty years. During the summer months, services include horseback riding, canoeing,. paddleboats, hiking, overnight accommodations, guided fishing and hunting trips, and food services. Lazge groups use the services for such events as weddings and corporate outings. Winter recreational services include snowmobile tours, hummer lunch tours, ice-skating, sledding, snowshoeing, and food services. In the winter, the tires on the Hummers are replaced with four tracks, which convert the vehicles to a snow-cat like vehicle. Red Sandstone road to Piney Lake is groomed in the winter at an approximate frequency of every other day. Recreational activities on the White River National Forest are permittedunder aSpecial-Use Permit. Each permitted activity is allocated a number of service days. A service day is one guest. participating in that guided activity for any part of a day. Currently D&L Ranches, LLC has been allocated the following activities and service days on National Forest lands: • Snowmobile/Hummer Lunch Tours: 2,700 service days & 1,300 temporary service days • Fishing: 100 service days • Horseback Riding: 7,500 service days • Hunting: 420 service. days On January 24, 2003 D&L Ranches submitted a proposal to the White River National Forest seeking authorization for an additiona13,100 service days to conduct a winter dinner tours to Piney River Ranch in converted Hummers. D&L Ranches also proposed to increase their snowmobile service days in the Red & White Mountain area by 1,000 including a connector route between the Red & White Mountain Road and the Red Sandstone-Muddy Pass Road. The proposed connector loop utilized a steep, open bowl on the east face of Red & White Mountain and then through an open stand of trees. On April 1, 2003 the proposals were modified by requesting a total of 8,000 service days for winter operations. The requested days included an additional 3,500 for the Red Sandstone Road fo Piney Lake and an additional 1,000 days for the Red & White Mountain area. All activities of the proposed use will be conducted on existing compacted trails ah-eady in use in the affected area. A Capacity Analysis was completed in April of 2003. The analysis is based on the revised Forest Plan for the White River National Forest completed in 2002. The new analysis calculated an additional capacity of 2,230 days on the Red Sandstone Road from Vail to Piney Lake and an additional capacity of 1,000 days in the Red & White Mountain area. Guests for the dinner tours would be transported to the lake in converted Hummers. Guests would be picked up in the Vail Valley and transported to the trailhead in vans. The tours would leave the trailhead on lower Red Sandstone road at approximately 4:00 PM and return to the trailhead at approximately 10:00 PM. The trip to Piney Lake via the converted Hummers takes approximately 45 minutes each way. Each Hummer can transport from nine to eleven guests comfortably depending on the model. The overall capacity at the lodge for dinner is forty guests. A maximum of four Hummers is proposed for the dinner tours. Once at the lake activities available to the guests on the private land include dinner, ice skating, sledding, and snowshoeing. Draft Decision. Memo - D&L Ranches Additional Winter Use Days Page 1 of 8 The Red & White Mountain snowmobile tours would be conducted during the daylight hours on existing approved trails. The operating season for both tours will be from November to April. The stated purpose of the proposal is to create a safe recreation experience for guests and visitors to the Vail Valley. The stated need for the proposal is: • Evening dinner trips to Piney Lake is a desired product by the public; ~ Dining in Vail is popular, with new experiences always welcomed; • Piney Lake's location lends the ambiance that mountain visitors are seeking; • Hummers equipped with tracks aze very unique, safe, and enjoyable for guests to ride inside; • The proposed combination of activities creates a wonderful way for the public to experience their National Forests with positive lasting memories; and • Daily phone calls have been received requesting dinner tours. • The additional days and connector loop in the Red & White Mountain area provide a different experience for the guests. The proposals passed the two levels of screening as required under 36 CFR 251.54 on October 23,2003. A checklist -documenting. completion of the two levels of screening is contained in the Project Analysis File. Forest-wide Standards and Guidelines which are applicable to this proposal are as follows and with the page number listed for reference from the Forest Plan. The proposed routes in the affected azea travel through: Management Area Prescription - 5.4 (Forested Flora & Fauna Habitats) as described in the Land and Resource Management Plan - 2002 Revision for the White River National Forest on pages 3-55 through 3-56. Areas under this Prescription are managed to provide a mix of ecological and Human Needs. Visitors can expect to see other people and evidence of human activities including silvicultural treatments and domestic livestock. Human use is often high during fall hunting seasons. Recreation management activities aze compatible with other resource values. The recreation opportunity spectrum (ROS) is semi-primitive motorized year-round for the area affected by this proposal. There are no Management Area specific Standards and Guidelines that aze applicable to this proposal as listed on page 3-56: ~,, .. .. _ ....... _. .. Management Area Prescription - 5.13 (Resource Production -Forest Products) as described in the Land and Resource Management Plan - 2002 Revision for the White River National Forest on pages 3-53 through 3-54. Areas under this Prescription are managed to provide commercial wood products. Visitors can expect to see evidence of past and present timber harvesting and other management pracices. The recreation opportunity spectnun (ROS) is roaded modified yeaz-round for the area affected by this proposal. There aze no Management Area specific Standards and Guidelines that are applicable to this proposal as listed on page 3-56. The White River National Forest received the Biological Opinion from the U.S. Fish & Wildlife Service for the Hummer Dinner tours in late October 2003. The USFWS concluded that the tours will "not result in additional snow compaction, landscape alteration or connectivity between LAUs, therefore the overall impacts are insignificant and discountable" and will have "an insignificant effect on the normal behavior of the lynx" in terms of cumulative effects. My decision is to authorize an additional 2,230 service days for winter Hummer dinner tours to Piney River Ranch via the Red Sandstone and Piney Roads and an additional 1,000 service days for snowmobile tours in the Red & White Mountain/Lost Lake azeas. I am also approving a connector trail between the Red & White Mountain Road and the Red Sandstone -Muddy Pass Road. The approved connector trail uses National Forest System Road 433. My decision also includes removing use of the Lost Lake Trail #1893 from the Red Sandstone -Muddy Pass Road to National Forest System Road 786 from the special use authorization. Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 2 of 8 My decision is located north of Vail, Colorado on several National Forest System Roads as shown on the attached Project Map. This decision-will be implemented through issuance of aspecial-use authorization that-meets the requirements of the- decision and Forest Service regulations. Forest Service regulations require the applicant to: submit (or resubmit) an operation and maintenance plan that complies with the decision requirements; pay any necessary fees; post any necessary bonds; and secure any state or federal permits or authorizations required by law. B. Purpose of Decision This decision is intended to respond to the White River National Forest Plan Standards. and Guidelines of make outfitter and guide permits available based on need, administrative capability, and a suitable mix of guided and non- guided public capacity as determixied by a forest-wide capacity study (Standazd, page 2-31) and satisfy demand for recreation services that aze supplied byprivate-sector permittees at authorized sites or areas before new sites or areas are permitted (Guideline, page 2-31). C. Alternative Actions Considered but Dismissed Two additional alternative was considered but dismissed. The alternatives are: 1. No Action. The No Action Alternative would have not approved any change in use by D8tL Ranches. The current number of service days and activities would not change. This alternative was dismissed because it did not allow for recreation demand to be met at areas where the demand exists. 2. Open Bowl Connector Loop. The Open Bowl Connector Loop Alternative was dismissed because of the steep nature of the trail and the potential avalanche danger. This route currently receives little use and would have been considered additional snow compaction. II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION Decisions may 'be categorically excluded from documentation in an environmental impact statement or environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or one of the categories identified by the Chief of the Forest Service in Forest Service Handbook (FSH) 1909.15 sections 31.1b or 31.2 as, and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. I have concluded that this decision is appropriately categorically excluded from documentation in an environmental impact statement or environmental assessment as it is a routine activity within a category of exclusion and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative effect on the quality of the human environment. My conclusion is based on information presented in this document and the entirety of the Record. A. Category of Exclusion This action is categorically excluded from documentation in an environmental impact statement or an environmental assessment because this project falls under Forest Service Handbook 1909.15 -Environmental Policy and Procedures Handbook, Category 31.2, Section 3 -Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. Based on environmental analysis and past experience, the effects of implementing this action will be of limited context and intensity and do not individually or cumulatively have a significant effect on the quality of the human environment, and will result in little or no environmental effects to either the physical or biological components of the environment. Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 3 of 8 B. Relationship to Extraordinary Circumstances The categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects, which may significantly affect the environment. The extraordinary circumstances include steep slopes or highly erosive soils; threatened or endangered species or their critical habitat; flood plains, wetlands, or municipal watersheds; Congressionally designated areas, such as wilderness, wilderness study areas, or National Recreation Areas; inventoried roadless areas; Reseazch Natural Areas; or Native American religious or cultural sites, archaeological sites, or historic properties or areas. 1. Steep Slopes or Highly Erosive Soils - The affected azea includes localized inclusions of steep slopes ranging from 40% to 50%. This decision excludes off-road use. Despite the slopes present, similaz past projects in this area were determined to have no significant slope-related impacts. This decision will not result in significant slope-related impacts because use is limited to existing roadways. To further ensure that soil-related impacts are minimised, Best Management Practices are incorporated, as needed. 2. Threatened and Endangered Species or Their Critical Habitat - The Endangered Species Act requires that federal activities do not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species' designated critical habitat. In accordance with Section 7(c) of this Act, a list of the listed and proposed, threatened or endangered species that maybe present in the project area was requested from the U.S. Fish and Wildlife Service (Biological Evaluation). The information indicated that there is critical habitat for lynx might occur within the area. As required by this Act, potential effects of this decision on listed species have been analyzed and documented in a Biological Evaluation (Project Analysis File). 3. Floodplains. Wetlands, or Municipal Watersheds - Floodplains: Executive Order 11988 is to avoid adverse impacts associated with the occupancy and modification of floodplains. Floodplains are defined by this order as, "...the lowland and relatively flat •- areas°adjoining inland and coastal waters`inciuding mood=prone'azeas of offshore islands; including at a minimum, that azea subject to a one percent [100-year recurrence] or greater chance of flooding in any one year." The project is not located in or near floodplains. This has been validated by map and site-review. This decision will not affect floodplains. To further ensure that floodplains-related impacts are minimized, Best Management Practices aze incorporated. The project is adjacent to wetlands. This has been validated by map and site-review. The distance to the wetlands and drainage patterns of the affected area preclude overland effects of this project to the identified wetlands. The nature and scale of the activity should also not have subsurface effects to the identified wetlands. Similar past projects in this area were determined to have no significant wetlands-related impacts. This decision should not result insignificant wetlands-related impacts. Field review (monitoring) of similar projects validates acceptable resource effects from similar activities. To further ensure that wetlands-related impacts aze m;nimi~ed, Best Management Practices are incorporated. Municipal Watersheds: Municipal watersheds are managed under multiple use prescriptions in land and resource management plans. Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 4 of 8 There are no municipal watersheds within the project area. This decision will not affect municipal watersheds. 4. ConQressionall~Designated Areas - Wilderness: This decision does not affect Wilderness. The project is not in or near Wilderness. Wilderness is identified on the Forest as Management Area 1.11, 1.12, and 1.13. The closest Wilderness, Eagles Nest Wilderness Area, is approximately one mile north of the project. This decision, with impacts limited to the immediate area of activity, will not affect the Wilderness Area. Wilderness Studv Areas: There are no Wilderness Study Areas in the decision azea (Plan FEIS, Appendix C; Alternative K Map). 'Fliis-deGison~vill-not-affectV~ilder-Hess-StudyAr-eas,- ------ - --- --------._.-- National Recreation Areas: There are no National Recreation Areas on the Forest. This decision will not affect National Recreation Areas. 5. Inventoried Roadless Areas - There aze no inventoried roadless areas (RARE II or Forest Plan) in the decision area (Plan FEIS, Appendix C; Alternative K Map). This decision will not affect inventoried roadless areas. 6. Research Natural Areas - ' - There are no Research Natural Areas in the decision area (Plan FEIS, Appendix G). This decision, with impacts limited to the immediate area of activity, will not affect Reseazch Natural Areas. 7. Native American Relieious or Cultural Sites Archaeological Sites or Historic Properties or Areas - Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effect of a project on any district, site, 'building, structure, or object that is included in, or eligible for inclusion in the National Register. Section 106 of the National Historic Preservation Act also requires federal agencies to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Archaeological Resources Protection Act covers the discovery and protection of historic properties (prehistoric and historic) that are excavated or discovered in federal lands.: It affords lawful protection of azchaeological resources and sites that are on public and Indian lands. The Native American Graves Protection and Repatriation Act covers the discovery and protection of Native American human remains and objects that aze excavated or discovered' in federal lands. It encourages avoidance of archaeological sites that contain burials or portions of sites that contain graves through "in situ" preservation, but may encompass other actions to preserve these remains and items. This decision complies with the cited Acts. Surveys were conducted for Native American religious or cultural sites, azchaeological sites, and historic properties or areas that may be affected by this decision. A `no properties affected' determination was made. Additionally, the Federal government has trust responsibilities to Tribes under agovernment-to- government relationship to insure that the Tribes reserved rights are protected. Consultation with tribes Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 5 of 8 helps insure that these trust responsibilities are met. The Forest consulted with potentially affected tribes (Project Analysis File). The intent of this consultation has been to remain informed about Tribal concerns. No tribal concerns were identified for this project (Project Analysis File). 8. No other extraordinary circumstances related to the project were identified. III. PUBLIC INVOLVEMENT On March 12, 2003, a Scoping Document was sent to interested parties who had provided comments for similar type projects in the past. A Legal Notice was published in the Vail Daily initiating the thirty comment period on the Scoping Document. lv. FINDINGS REQUIRED BY AND/OR RELATED TO OTHER LAWS AND REGULATIONS My decision will comply with all applicable laws and regulations. I have summarized some pertinent ones below. Federal Land Policy and Management Act -This Act allows the granting of easements across National Forest System Lands. The regulations at 36 CFR 251 guide the issuance of permits, leases, and easements under this Act. Permits, leases, and easements are granted across National Forest System lands when the need for such is consistent with planned uses and Forest Service policy and regulations. This decision is consistent with this Act. Forest Plan Consistency (National Forest Management Act) -This Act requires the development of long-range land and resource management plans (Plans). The White River National Forest Plan was approved in 2002, as required by this Act. The amended plan provides for guidance for all natural resource management activities. The Act requires all projects and activities be consistent with the Plan. The Plan has been reviewed in consideration of this project. This decision is responsive to guiding direction contained in the Plan, as summarized in Section I of this document. This decision is consistent with the_ standards :and.'guidelines contained in the Plan. Endangered Species Act -See Section II, Item B2 of this document. (Project Analysis File) Sensitive Species (Forest Service Manual 2670) -.This Manual direction requires analysis of potential impacts to sensitive species, those species for which the Regional Forester has identified population viability is a concern. Potential effects of this decision on sensitive species have been analyzed and documented in a Biological Evaluation (Project Analysis File). This decision will have "no impact" on sensitive species. Clean Water Act -This Act is to restore and maintain the integrity of waters. The Forest Service complies with this Act through the use of Best Management Practices. This decision incorporates Best Management Practices to ensure protection of soil and water resources. Wetlands (Executive Order 11990) -See Section II, Item B3 of this document. Floodplains (Executive Order 11988) -See Section II, Item B3 of this document. Federal Cave Resources Protection Act -This Act is to secure, protect, preserve, and maintain significant caves, to the extent practical. Site features and field review substantiate that no caves are in the area. No known cave resources will be affected by this decision. National Historic Preservation Act -See Section II, Item B7 of this document. Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 6 of 8 .~ . Archaeological Resources Protection Act -See Section II, Item B7 of this document. Native American Graves Protection and Repatriation Act -See Section II, Item B7 of this document. Wild and Scenic Rivers Act -See Section II, Item B4 of this document. Environmental Justice (Executive Order 12898) -This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with this. Act. Public involvement occurred for this project, the results of which I have considered in this decision-making. Public involvement did not identify any adversely impacted local minority or low-income populations. This decision is not expected to adversely impact minority or low-income populations. National Environmental Policy Act -This Act requires public involvement and consideration of potential environmental effects. The entirety of documentation for this decision supports compliance with this Act. V. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNTTIES This decision is subject to appeal pursuant to 36 CFR 251 by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. An appeal for initial review may be filed by those who hold or, in certain instances, those who apply for written authorizations to occupy and use National Forest System lands. To appeal this decision under 36 CFR 251, a written Notice of Appeal, meeting the content requirements at 36 CFR 251.90, must be postmarked or received within 45 calendar days after the date of notice of this decision to applicants and holders of written authorization to occupy and use National Forest System land. However, when the 45-day filing period would end on a Saturday, Sunday, or Federal Holiday, the filing time is extended to the end of the next Federal working day. The Notice of Appeal must be sent to: USDA, Forest Service, White River National Forest, ATTN: Forest Supervisor, Martha Ketelle, 900 Grand Avenue, P.O. Box 948, Glenwood Springs, Colorado 81602-0948. The Notice of Appeal may alternatively be faxed to: USDA, Forest Service, White River National Forest, ATTN: Forest Supervisor, Martha Ketelle, 970-945-3266. A copy of the appeal must simultaneously be sent to the District Ranger. If an appeal is filed, I am willing to meet and discuss concerns. Additionally, if an appeal is filed, an oral presentation concerning the appeal (36 CFR 251.97) and/or stay of implementation (36 CFR 251.91) of the w ~ decision maybe requested at any time prior.to closing the appeal record. ~ - -- VI. IMPLEMENTATION DATE Implementation may begin fifteen days after the decision is made public. VII.CONTACT PERSON Further information about this decision can be obtained from David Van Norman during normal office hours (weekdays, 8:00 a.m. to 4:30 p.m.) at the Holy Cross Ranger District office (Address: 24747 U.S. Highway 24, Minturn, Colorado; Phone: voice 970-827-5159; Fax: 970-827-9343; a-mail: dvannorman@fs.fed.us). VIII. SIGNATURE AND DATE CALVIN G. WETTSTEIN District Ranger Responsible Official Date Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 7 of 8 rt . ~ The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's target center at 202-720- 2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-w, Whitten Building, 1400 Independence Ave. SW, Washington, DC 20250-9410 or call 202-720- 5964 (voice or TDD). USDA is an equal opportunity provider and employer. Draft Decision Memo - D&L Ranches Additional Winter Use Days Page 8 of 8 X C : ~G,ao x~: i ~c~ru, C.~ c~..,~,e, ~ ~~ ~,~ ~~ ~ ~~ 21 November 2003 R. Silter Mayor Town of Vail 75 S. Frontage Road Val I CO 81657 Dear Rod, 1 ~p /I~i . ~ .. .G ~ ~j~ q ~ ~(~TQ,O F F I C E ~~ (~ ~~"(~1(L~d , ;~C,ij(,J(C~ij~JLJ ~ ~~~~~~ ~ " M~B U L L E R ~,(~ L v_ `~~^`^`~'^"~' (~'(w~~j VICTORIA 3723 n ,g ~~{,~~~u~ A 7 ~~}I' AUSTRALIA U. (T W~ ~~• ~04~~ ~// TEL 03 5777 6077 FAX 03 6777 0219 L info@ mtbuller.com.au RE: MT. BULLER CHAMBER OF COMMERCE VISIT Firstly let me congratulate you on your appointment as mayor of Vail. Mt. Buller Alpine Resort through the Mansfield Shire (formally Delatite) and Vail have had a "Sister City" relationship for a number of years. This relationship has ensured a close affiliation between Victoria and Colorado. We have established a number of close relationships with people on your area such as Ludi Kurz, Rick Sachbauer and Merv Lapin. I am very please to say that we have been able to organise a Mt. Buller Chamber of Commerce "Study Tour" to the USA and Canada for early in 2004. Some 20 people will be accompanying my wife and I to Utah, Colorado and British Columbia. We will be in Colorado from the 4th to the 6th of February and would hope that at some time during our stay we could meet with yourself, some of your staff and potentially some of your Town Council members. The tour group is composed of commercial operators from both Mt. Buller and Mansfield and their partners. MT. BULLER ALPINE RESORT MANAGEMENT BOARD DIRECTORS DIANA PATTERSON (C) BRUCE DOWDING DEAN GOSPER RON EDWARDS JANINE HADDOW EDWARD SMITH DOUGLAS BISHOP . alltll IL - ~ :r CY~amk~er cif Commerce Visit 1~3 ~' ; _ i e ~;s www.mtbuller.com.au The reason for the tour is to provide those people with an overview of a range of popular ski resorts focussing on issues such as - ~ the general town scape and ambience. * facilities and "product" provided. * town management arrangements. * transport services and issues. * commercial activities. We are very hopeful that the State of Victoria's Tourism Minister and his wife may also join the party. If you are able to provide me with a contact person in Vail who could assist in the preparation of a suitable itinerary and program for those three days I would be most grateful. I can be contacted on email sandie@mtbuller.com.au. I look forward to meeting with you and your Council. Yours sincerely c~x_/ Sandie Jeffcoat CEO On behalf of the Mt. Buller Chamber of Commerce 2004 Study tour. `_,~,. ':~;(L - CVifi. Boiler Chamfer of Commerce leis€f 18 ovember.dr~c File ttr ; DEC-02-2003 17 13 ACKERMAN & COMPANY Barbara Hugh®s Front: Barbara Hughes , • ~ .. ~, , „ _. ,. _ Sent: Tuesday, December 02, 2003 5:15 PM To: 'bmcartney@vailreAorts.cam'; 'towncvuncil@vailgov.com'; 'frumford co Subject: New Development - Lionshead ~ mpuserve.com' Members of the Town of Vail City Council - It is outrageous that the City Council of the To recognize the needs of the homeowners on we~ Foy ail does not pedestrian access to Lion's Head. est Road for requires that we cross the ski run to f nd ala a as currently outlined, THIS IS UNACCEPTABLE, p destrian path to Lions Head; The current pathway eliminates the need to cl'm to walk down a steep grade. ~ b the hill as well as having When I purchased my home in 1980, I assumed citizen sensitive rnunicipatity - not a group set uhe Town of Vail to be a of the Vail Association. p to cater to the demands I hope your sound judgment will prevail. Sincerely yours, Charles S. Ackerman 716B Forest Road Vail CO 81657 Barbara ~Ynn Hughes Executive Assistant to Chazles S. Ackerman Ackerman & Co. 1040 Crown Pointe parkway, Suifie 200 Atlanta GA 34338 770-913-3903 770-913-3965 fax 7709133965 P.01i01 Page 1 of 1 ~?'o- ~~q ~~~ais~-~.... C.1,1 ~~0.,~c Margaret B. Nicholls 2925B Manns Ranch Rd., Vail, CO 81657 Nov. 27, 2003 Code Enforcement Town of Vail cc: Vail Town Council Thanksgiving is a wonderful holiday. Friends ood ~ and full of gratitude fo the blessings. When my guests leave, I am full of g family and friends who have shared the evening with me. Imagine how distressed I was this year when one of our kids came back inside to report that there was a green parkmg ticket on their windshield and on the other three cars parked on the street! We live in a small, quiet neighborhood that ends in a cul-de-sac. While we all know that the streets have been posted for no parking, ~'vevmalso~ how~~a~ e reason for this is to aid the snowplows in bad WeT~h k ~sweTha ~ P l~ off well to the streets as well as a starry night. 'The cars that side and there was room for two cars to easily pass by the parked cars. tax dollars are paying for the code enforcement It upsets me to no end to think that my u bad will. Since people to be out on Thanksgiving night giving out tickets an on~~gtime. If there was a this occurred at 7:40 p.m., I presume that they were working parking problem on our street, I would feel a little less an~gry.~~g o~~'"~~ v~rl lived here for a number of years and understand the~,ent and I'm willing to bet that friendly for our snowplow crew. We all use g there are never complaints about the on street parking here. I find it warped and infuriating that the code enforcement staff spent their holiday ruining ~ n °~~ offers? Isn't this the time of year that people are supposed to reflect on getting S L ~0~~ P.S. The fact that these tickets turned out to be warnings doesn't mitigate for a minute the feeling of being slapped in the face on a holiday. Sent Sy: ; 303 770 8918; Oec-1-03 11:42AM; Page 1 ,~, 1 ~,CVKc ; s~.~ Nancy S. Adam 4975 East Preserve Court [.}rcenwood Village, CO 80121 303-770-5383/Fax 303-770-8918 NS~Vail(~aol.com ~f~ BY FA.X 970-479-56'0 and Email: towncouncil ir~vail og_ v.com. December 1, 2003 `1'0: Vail 'Town Council Re: Access Path to West Forest Road I have been a homeowner on Forest Road since 1993. One of the amenities that has enhanced safety has been the path that wraps around the tennis courts to provide pedestrian and bicycle access to and froln l:.,ion.sh.ead-com.monJy referred to as the "bike path." Dura.n.g the ski season, the raad becomes extremely icy and treacherous. Rather than have to walk up th.e steep end ofthe road to the ski slope, residents, renters and guests access the ski area by walking down and around on the bike path. The road become drastically steeper from where the bike path intersects the road until it peaks where the ski slope begins. For pedestrians walking into town and/or Lionshead, the bike path provides a safe route of travel that gets the pedestrian on and off the ski slope as soon as possible and out of harms way. I'rn sure you can appreciate the danger involved with having soaneone walking up the ski slope against the skier traffic to get to Forest Road. Further, the suggestion that the pedestrian traffic merely use the path along the north side of the creek to walk. to the west entry of the road and then uphill to their homes i5 ludicrous, We all know that people use the route of least distance just look at all of the worn out paths across la~uvns where people cut across the grass rather than stay on the sidewalk. Instead, elimination of the path will encourage residents and guests to drive into Lionshead and town rather than walk, which will add to the congestion on the roads and over crowded parking problems. I appreciate the town is in a difficult situation. by being asked to impose a safety amenity on private land. However, there are unique circumstances in this situation. Seni: By: ; 303 770 8918; Dec-1-03 11:42AM; Page 2 First, the private landowner is Vail Resorts, the developer of th.e residential sites on k' orest Road and the ski area. Vail Resorts built this path for the very purpose that the residents seek to have it maintained-~to offer safe and convenient access to the west end of Forest Road. Further, it is my understanding that the relevant statutes and. code provisions for a subdivision provide the town with the necessary power to require safe pedestrian access to and around the subdivision. A11 that is being asked is for the town to require the developer rnain,lain the safe access to the area that the developer installed so many years ago. Clearly, Vail 12.esorts understood the need to provide safe access to the area~~~-otherwise, why would it incur the expense to install the path in the first place? The path was never solely to provide access to the tennis courts-such a path would have been more economically installed with a straight line up the slope to the courts, rather than incurring the increased. expense of installing a path at least four times the size to wrap around the courts. Having wisely created this safe access route, Vail Resorts should not be allowed to object to maintaining it as a condition. of approval of the subdivision. The only resident of Forest Road that supports the elimination of the path is the owner of the site inunediately to the west of the path., x guestion the veracity of their support given the rumor that they are in negotiations with Vail Resorts to swap their site with one of the n.ew sites being proposed, 1 suspect there is self. interest in assisting the developer rather than accurately reporting their years of use and enjoyment of the path, Balancing the value of maintaining the path against the impact on development of the area, the value of the path should prevail, The new units will be enhanced by the access afforded by the path. I.f there is an impact on the allowable GRFA from the path, then perhaps the town can provide an exception to not decrease the GRFA if the path is maintained. Clearly, the safety of the many should prevail over the future development of the site, How horrible would it be if just one person is hit by a car or involved in a ski accident because elim.i.n.ation of the path forced the person to walk against heavy ski traffic or Slide down a slippery, steep road? With a major subdivision proposal, the developer anticipates having to install or Send By: ; 303 770 8918; Dec-1-03 11:43AM; Page 3 maintain safety amenities and comply with open space requirements for the area. The path that the developer installed so many years ago achieved tlae goat of redirecting pedestrian and bi.k.e traffic off of the road and ski slope to a safe route of passage. The safety of many should not be compromised for the development of four new residences. If the path is maintained, the new purchasers will just accept its existence and enjoy its convenience just as the residents and visitors to the area have done Cor the past 30 years. I regret that I will not be able to attend the meeting tomorrow night, but hope you will take into consideration the points addressed in this email. In addition, I am forwarding copies of letters submitted to the Plannira.g Commission for consideration in this matter. Thank you, ~- Nancy Adam 765 Forest Road Vail, CO 81657 303-476-5383 Sent By: ; 303 770 8918; Dec-1-03 11:43AM; Page 4 Rc~r,t~:l.t~~,eri":' y'I% 21C7 L.~53~64fJ1; 303fF7B6'fi2 -> 303 770 H97®; Page 3 NOU--02-2003 0~~~0 FROM FRED & THEA RUMFORD 70 1303770891.A P. 03 ~, E~rgelnr~ ~~Iedter ri43 ~- F~a~ed. g~, y~w~t~4~4S ..~3'9~17t t',k~pbst 1~ .20D9 Pler~'~tir~ and EF>~~na~ ~~ sJb ~~ ~ Town a1 Veil 7~0 W ~~ In ~: I~ls,Pl~d~g"p~'Ter~~ Q~tR~ LIO~d' ~ ~: All Wr1nr~ ~ ~l1 ['frE b~ ~ ~ ~ ~~ ~'1dR ~ $~ FOrt~ R~ r~~tng ~ ~'!~ 1~ Aee~ to ~OM'i!'~' COUr~° ~ u®e-w~ 1~e irtw~ion ~ ~ ~'' ~' ~. ale t'~- hed ~ poope~r'~r r~ q~tl1~ ~~f~ ~y'~Y -••fanQb~ltixe thors~we~+e e oQe•~e, ~d , befor4 ~ w~ +. a~ve hence seen much ~n~lt+ ~~~n~ ~ ~^ie neg'tnoo..Arad ~ eas phis e~ci mlr ~ ~ tt+fe a~ anar~• Ae mrttch~~s ~ +~oold, 61ae 1o~aae ~ "~enrti~ aar~ o~e^ , ~ h no ~ a~n~etl~ ~~ eo ~ma t~pen ~ w~ him ~s~e®topale~t ao 4gRt t ~ n,~, so ~ #~e ~ernatl~~ +~ ~ ~~ ~lhe hei~f4t r- aet . ~d offer ~ d~loesm ~t aelc# der+~ ~ tha c~si~~vrtiood. ino~ woes, hope~r~Y ~,~ be. de~r~d ea as to nt'ne t1+e vn olh~ ho~sre'v~~af ~ Gore RenOe-, erd Inwre ~ a~d ~c~ns~eu+d egeso~9~s, ron~se ~o abw rar ~ art Facet ~1a~ed bo ~ha~~ to v~ on yr de8~a ~ Burk and ~ X11 ~ ' of ae ort ~,~ n~ in van 1~ar so kxtg. F'deo ar~ca ~ ~ ~ oPP ~ nod a "pew fidget' awoes ~ c~x+e~G~esic~a~cte 1~om g+a b ~~ roeld~hat euvws ibr t~cr~ ads e0vee~ ~bihe. TI'e~ ~iedlo~- ae ~ea~ ~nr ie ts~atleble. ~~+~LQ .~.~ elaera and t wi9loo~S ~+s~~~e~1~9 ~0 QOMir~'It DIY Af1t! w+Ay ~ ' ~~ GARY W. PEDERSON 1263 CAIVIINO DEL ROBLE ATASCADERO, CA 93422 805-466-7747 Dec 8, 2003 Vail Town Council 75 S. Frontage Rd. West Vail, Co 81657 Re: Noise Abatement on Highway 70 Dear Town Council: I read with interest in this week's USA today the council's concern with mitigating road noise from U.S. 70 as traffic passes thru the city. I also live in Scottsdale, Ariz and we had the same problem there until this year when ADOT, (Ariz Dept of Transportation) begin laying the rubberized asphalt over two freeways, the 101 and the 51. Both freeways are approximately 50% complete and the noise reduction is unbelievable. It cannot be explained via a letter such as this. One simply has to drive on the freeway to experience the total quietness or stand next to the freeway by the rubberized portions to realize the extent of noise abatement. This solution may already have been proposed to the council, however I thought I would just mention in case it hasn't. I came to Vail this past year for the first time to ski. Stayed at Mountain Haus, a very convenient and well maintained hotel, and thoroughly enjoyed every part of the village and the slopes. I will either return again this February or visit Breckenridge and see what it's village is all about. Hope the letter helps. Respe lly, Gary W. Berson ,~L ~` )1~.. t 1 ~~~ SUZANN£ ~£RG MSW LLSW P~0?C 3002 VAtL COLORADO SiV58 q?0 -3tto-3tolo7 TOWN OF VAIL Vail Town Council 75 S. Frontage Road Vail, Colorado 81657 Dear Sirs and Madams, December 11, 2003 I have been meaning to write this letter for some time but have always hesitated as the last time I made some commentary about this same subject it was mostly unacknowledged. Unfortunately that was about 12 years ago and I think I just gave up too easily. I want to ask the Town to look at the entrance and exit area off of I-70 in East Vail. By comparison to the main entrance in Vail and the entrance to west Vail ,East Vail is definitely the poor cousin. The attempt at landscaping just off the east/west bound ramps in East Vail has become a field of weeds, the parking area -constructed about 4 years ago- is either a goat staging area or construction staging area during the summer. There is not one tree with lights on it during the winter and the new street lights installed this summer are not functioning along Big Horn Road. The other issue is the signage in East Vail. What seems obvious to all of us living here is absolutely not obvious to the tourist. I still find people wandering around in East Vail looking for the ski area. When I requested a review of this issue 12 years ago I was told the Town had new signs coming. Oh ,well! ! ! ! ! Okay! One last issue. The last bus stop in East Vail is at the bottom of the hill on a curve. This is a recipe for disaster in my perception. Sooner or later someone is going to be driving way too fast and -well you can guess the rest. I hope that these issues will be given consideration and I will follow up -before the next 12 years are up! Thank you for your time, _~ __ .. c,~, ~, ~.._. t~-~.~-~ t _.r Suzanne Berg -~' 1t.1~-~ ~ ~ ~ ~ • ~ ~ • ~; November 10, 2003 EXECUTIVE COMMITTEE Chupa NelSOn * Town of Vail President 75 S. Frontage Road Gerald Gallegos * Vail, CO 81657 President-Elect 12ich lzogel * Dear Friend, Vice President Mark 5mith* Even though we live in one of the most affluent places in America, the need for vice President, Founder programs for low-income children is great. Children have the same needs here as Mary leom children everywhere in the country and we are doing something about it. The seeretaryirreaSUrer Youth Foundation s commitment to positive youth development reinforces the notion lzichard DeClark that every child has something to contribute. From pre-school through high school, BOARD OF DIRECTORS The Youth Foundation works with children and families to cultivate and develop life r eter Abuiei and leadership skills across the generations. 12oxie Aldaz We are creating a blueprint for kids to stay out of trouble and find success. We Jan Attoma accomplish our objectives through a variety of ways: Bob Brown Don Cohen. • We keep kids busy during the critical after-school hours by providing ion Davis language and literacy skill development for elementary school kids Mike Ga55 . We make a positive difference at the middle school level with our Academic Tom Gladit5ch Soccer Program Jean Graham • We kept kids engaged this summer in Eagle and Lake counties with exciting Joe Hoy summer exploration programs Susan Milhoan y • Our pre-kindergarten readiness program offers kids a chance to enter school Jay lzegan * eager to learn George Shaeffer • The Magic Bookmobile checks out books to kids in latchkey Scott 5ome5 i~~iark ~trakbein neighborhoods Kay Tuber • Neighborhood Net provides supervised technology access in our community and homework assistance TRU5TEE5 • Internships for high school students have provided positive examples roger Behler • Continuing Education Scholarships for Success for high school graduates EB Chester * • We have spent more than 50,000 hours in the past year helping kids Gerry Engle Steve ~oe5ett .k We are all moved to consider our priorities in this season of giving. The community's Bob Hernreich * support of our efforts is vital to our success and criticaLfor our ability to continue to Steve Marantino provide programs that keep kids interested and engaged. Please consider a Molly Mocre contribution to this year's annual fund drive. Your support will directly impact Ellie 5eevak more than, 1,500 area youth this coming year. lzoci Slifer * Sincerely, pat Terwilliger 'Indicates Founding Members THE STAFF ~~ Kathy Brendza Chupa Nelson Executive Director President, The Youth Foundation ~u5ie Davis Development Director P.S. Now, more than ever, kids need guidance and reassurance. We hope you will www.tneyouthfoundation.org continue to invest in our programs and in the work we do for the community. You can contribute online by visiting www.theyouthfoundation.org or by sending the P. 0. Box 2761 enclosed envelope. Edwards, CO 81632 Ph: 970-926-8905 Fax: 970-926-3778 ~ 7°" ~, `. USA The Youth Foundation P.O. Box 2761 Edwards, Colorado 81632 The Youth Foundation Mission Statement The mission of The Youth Foundation is to provide the children and families of Lake and Eagle Counties with immediate and easily accessible educational and self-enhancement programs. The Youth Foundation shall focus on literacy, technology, recreation and scholarship. Names City Telephone (home Code ^ I am unable to contribute at this time, but would like to remain on the mailing list. Please make checks payable to: Tl1e YOUtrI li'OU11dat1017 Gifts are tax deductible as allowed by law Support The Youth Foundation pr` f ' Q ~~ j.QUBI Of JZ[~J~J~r~ i ~ r j~ ,~s. ~ $x~ 1n J`, ^ $25+ Friend ^ $100 Supporter ^ $500 Advocate ^ $1000 Pacesetter ^ $2500 Philanthropist ^ Other ^ This gift is in (circle one) honor /memory of: Gifts are appreciated regardless of the level of support. Telephone: 970.476.6500 Telecopier: 970.476.4765 Email: planalp@vail.net Town Council Town of Vail 75 South Frontage Road West Vail CO Law Office of Arthur A. Abplanalp, Jr. L.L.C. Post Office Box 2800 Vail, Colorado 81658-2800 12 December 2003 Physical Address: Suite 301 Vai121 Building 472 East Lionshead Circle Vail, Colorado 81657 Re: Town of Vail Ordinance No. 32, Series of 2003 Special Development District No. 6 -Vail Village Inn, Phase I Vail Village Plaza Condominium -Unit 5 Reconstruction - Alpenrose Members of the Council: As you are aware, this Office represents the Vail Village Plaza Condominium Association, which is the common interest association governing the property which is the subject of the above proposed ordinance. At the Council's meeting of the 18th of November, I advised the Council that the Town had earlier been provided, in April, 2003, with a letter indicating the consent to the proposed project, on behalf. of the Association and owners, when, in fact, the project had not been approved by the Board, as an entity, by the Association, as an entity, or by a number of the owner/members of the Association. That initial approval letter was rescinded in June, 2003. Although there is a suggestion in the Town's file that the rescission letter was, itself, later withdrawn through a telephone call, the author of both letters indicates that he did not make such a call. At the Council's meeting of the 3rd of December, I advised the Council that the Association was in the process of attempting to contact each of its owner/members in order to confirm that the pending proposal was acceptable to each. That process has continued. At the time of the. Council's November and the earlier December meeting, the members of the Association, as a whole, had not approved the project. That remains the case. Since the time of the November Council meeting, representatives of the Board of Directors have met with the developer/applicant and plans for the proposed changes to the subject property have been sent to each owner/member of the Association, with an inquiry asking whether each approves, disapproves, or has concerns regarding the proposed project. The owners of the two units most affected by the project have not indicated that they approve of the proposed project. One owner will be in Vail during the second half of December and hopes to indicate approval or disapproval at that time. The Association has been unable to contact the owners of the unit most affected, which is located directly behind the subject property. Because of the foregoing, the Association has been unable to confirm that all owners approve the project or that the owners would ratify changes to the condominium map and declaration, as required in order to develop the project. On the other hand, neither has the Board received any definite objections to the project. Absent confirmation from all owner/members of the Association, the Board of Directors cannot indicate to the Council that this project has its approval. In any event, the Board of Directors does not have the authority to approve the project over the objection of even one owner/member or lienholder. Based upon the foregoing, the Association must advise the Council that neither the Board of Directors nor the membership of the Vail Village Plaza Condominium Association has approved the proposed project, and that the initial indication of approval was not authorized by the Board or the membership as a whole. Any member or lienholder can, by withholding consent to amendments to the condominium map and declaration, effectively prevent this project from going forward. Against this background, and the Town's requirement for consent of an Association as a prerequisite for a possible change in a land use regulation, the Council may determine whether the proposed ordinance should be considered further. There can be no question that, at this time, the proposed change in the zoning of a special development district would be occurring in a situation where neither the governing association nor the owners have consented to the proposed changes. If the Council decides to proceed with consideration of this proposal, the Board of Directors requests that the following conditions be added to the ordinance: No demolition, building or construction permit based upon this Ordinance shall be issued until and unless the applicant is able to demonstrate the consent of the requisite owners and lienholders permitting the amendment of the condominium map and declaration consistent with the intended modifications to the subject property. In the event the foregoing condition is not satisfied within two years of the effective date of this Ordinance, then this Ordinance shall be of no effect, and the uses permitted within Special Development District No. 6 shall be unaffected by the provisions of this Ordinance. At the Council's meeting of the 3rd of December, a question was raised regarding whether these proposed conditions are appropriate on consideration of an ~R ~~ ~ i~~ MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIRECTORS 5:00 P.M. Tuesday, November 25th, 2003 Dobson Arena Conference Room MEMBERS PRESENT Peter Cook, Julie Hansen, Nino Licciardi, Tom Saalfeld, Hermann Staufer STAFF PRESENT Dennis Stein, Jean McGuey, Wendy Cheff, Randy Houseman, Mike Ortiz TOV MEMBERS PRESENT Pam Brandmeyer OTHERS PRESENT Anne Gunion, (VAG Architects), Jim Morter, Mike Suman, Jim Buckner (Morter Architects), Rudi Fisher, Alexis Crumb (Rudi Fisher Architects), Kaye Ferry (Vail Chamber & Business Association) CALL TO ORDER Nino called the meeting to order at 5:00 P.M. Noted that Peter will be late, and neglected to excuse Peter and Hermann at last meeting. Julie moved to excuse all. Tom seconded. Motion passed 3-0 with Hermann abstaining. APPROVAL OF MINUTES 3ulie moved to approve the November 11th minutes as written, and Tom seconded. Motion passed 3-0 with Hermann abstaining. PUBLIC INPUT OF ITEMS NOT ON THE AGENDA Kaye Ferry asked for a recreation pass that includes golf as a prize donation for the Premier Impressions program. Nino or Dennis will get back to Kaye after checking with attorney. GOLF CLUBHOUSE REMODEL Rudi Fisher expressed his interest in the project and briefly highlighted his relevant experience. Jim Morter outlined possible steps to be considered and the time frame. Architects need comparable instructions from the Board to be able to do legitimate proposals and provide options. Discussion followed, Board will interview architects on .December 9th starting at noon, and rank firms as per QBS (Qualifications Based Selection) and then negotiate cost; go to Town Council on December 16th, with subsequent actions to be determined. Considerations: €r (4 ~~. • Zoning -Current is residential as a conditional use, but must be Type 3 employee. Need to explore if can be changed. • Construction and mechanical issues regarding adding a floor on the existing. building. • Parking requirements. • Options: 1. With real estate. 2. If not, remodel only with relocating Pro Shop to ground floor with access to lockers, creating more restaurant space or a VRD programs room, and exterior facelift (Spartan option). 3. Tear down, do a complete new building with cart storage underneath, and new program for building. • Peter asked to place an ad in the Vail Daily to see if any restaurateurs respond. • Asked Pam to meet with Town Council on December 16`h POTENTIAL MILL LEVY No discussion at this time. GOLF FEES Accepted as presented by Randy, after discussion on Junior fees, fees over $100, and High Season dates. Discussed policy changes for publication in the 2004 brochure and other marketing materials. Board accepted as written. GOLF MARKETING Wendy and Randy asked to confirm that the Board is still in agreement to spending $12,500 as Vail Golf Club's portion of co- op advertising to develop a pool of $50,000 to cover a marketing firm to do local and Front Range advertising, some limited national advertising, and possibly some I-70 billboards. Partners are Eagle- Vail, Cotton Ranch and Eagle Ranch. Board granted Wendy, Randy and Dennis authority to proceed. BOARD MEMBER INPUT Discussion on Indoor Recreation/Gymnastics. Pam Brandmeyer listed committed partners: • RESOJ $150,000 • Town of Vail 150,000 • TOV site work 50,000 • ERW&S 400,000 Of this, Town has spent about $32,000 to date. An additional $200-250,000 is possible from Vail Resorts, and these partners put the Indoor Recreation facility at a higher priority with Council. The school mill levy did not pass, but may still be able to do $150,000. VRD should consider fund raising. Fritzlen-Pierce doing preliminary work only, contract not yet let for architectural services. 2 Town will share information regarding RFQ's (Request for Qualifications) for architects and the process the Town used for Donovan Park. Ice Dome is back' on track, heating problems and snow removal have been resolved. ADJOURN Hermann motioned to adjourn at 6:50 P.M. and Peter seconded. Approved unanimously. Tom motioned to go to Executive Session for personnel discussion. Dennis noted that Possible Litigation needed to be added to the Executive Session agenda; and Julie seconded. Approved unanimously. ~~~~" ''f ~~ r ,~. Peter W. Cook, Secretary ~ Jean~McGue ,Administrative Assistant ~,.. j/03/BOD/I1-25-03 min.doc 3 t. The maximum allowable site coverage for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. . Landscaping- The minimum landscape area requirement for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading- The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be 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 Pierson other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. 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. Section 5. Approval Agreements for Soecial Development District No 6 Phase IV Vail Plaza Hotel 1. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 2. That the Developer submits a detailed final landscape plan and final architectural elevations for review and approval of the Town of Vail Design Review Board, prior to application for a building permit. 3. The SDD approval time requirements and limitations of Section 12-9A-12 shall apply to Ordinance No. 21, Series of 2001. In addition, the phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; Ordinance No. 21, Series of 2001 $ ,- ~: ; unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail-Vllage loading/deliverysystem. The use of3he facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 21. That the Developer submits a written letter of approval from 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. 22. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building permit. 23. That the Developer record Type III deed-restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 24. That the required Type III deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with the deed to the hotel property. Section 6. Approval Expiration; Time Limitations The Developer must begin initial construction of the special development district by no later than May 1, 2003, and continue diligently toward the completion of the project. If the Developer does not begin initial construction and diligently work toward the completion of the special development district within the time limit imposed above, the approval of said special development district shall become null and void. 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, x 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. >: 8 Ordinance No. 21, Series of 2001 Attachment: A ORDINANCE N0.21 SERIES OF 2001 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an application for a revised major amendment to Special Development District No. 6, Vail Village Inn, Phase 1V; and WHEREAS, Daymer Corporation has submitted this new application for a major amendment to Special Development District No. 6 in response to an alleged error in the public notification of a previously held public hearing, and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village Inn Special Development District, Phase IV to allow for the construction of the Vail Plaza Hotel; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application; and WHEREAS, the Planning ~ Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval and findings to the Vail Town Council; and WHEREAS, all public notices as required by the Town of Vail Code have been published and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and 1 Ordinance No. 21, Series of 2001 ordinance amending a special development district land use regulation. In response to that concern, it may be pointed out that conditions #21 and #3 (of a total of 24 conditions) of Ordinance No. 21, Series of 2001 (and ordinance which approved a revision in this SDD), respectively, dealt with issues virtually identical to those which the Association asks be included in the ordinance now under consideration. Specifically, condition #21 of the earlier ordinance dealt with encroachments onto property owned by other, and required the consent of those other property owners. Similarly, the first condition requested by the Association would require the consent of the owners of the general common elements prior to demolition of or construction into those general common elements (including the roof elements and the air space above the current condominium. Condition #3 of the earlier ordinance required construction within a specified period of time, essentially identical to the second condition requested by the Association, although the time period requested by the Association is apparently one year shorter. For the Council's convenient reference, a copy of the earlier ordinance is attached to this letter, with the conditions referred to above identified. The Board of Directors of the Vail Village Plaza Condominium Association regrets the confusion regarding the question of whether either the Board of Directors or the membership of the Association approved the subject project, but the members of the Council have the assurance of the members of the Board of Directors that, had they been aware of the fact that this project was proceeding through the Town's planning and design review process, this issue would have been raised at an earlier date. It was not and is not the Board's intention to become involved at the eleventh hour. It is, however, the Board's duty to advise the Council that the required consents for the subject project are not in place, in order that rights of no one, whether the developer, the Town, or the members of the Association, be jeopardized. The Board of Directors of the Vail Village Plaza Condominium Association thanks the members of the Council for their consideration of these issues. Enclosure xc: President, Vail Village Plaza Condominium Association Mr. Ted Leach, for the applicant/developer Mr. Matt Gennett, Vail Department of Community Development Mr. Matt Mire, Vail Town Attorney FROM: Stan Zemler, Town Manager RE: Town Manager's Report DATE: December 16, 2003 AUTOMATIC EMERGENCY DEFIBRILLATOR (AED) Two AED's have been delivered to the PD. One has been placed in checkpoint and the other in the jail. The one in the jail is located in the upper middle cabinet with a sign stating "AED HERE". AWARD NEWSPAPER OF GENERAL CIRCULATION BID Please see attachment. NEW YEARS EVE BUS SERVICE In the interest of public safety and as a continuation of other measures the town has already taken, bus service will be terminated into Vail Village from 11:00 P.M. to 12:00 A.M. midnight New Year's Eve.