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2004-07-06 Support Documentation Town Council Evening Session
PUBLIC MEETING NOTICE TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JULY 6, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Input (10 min.) 2. Stan Zemler ITEM/TOPIC: Quarterly I-70 Noise Mitigation Update (20 min.) Greg Hall Dwight Henninger BACKGROUND: On December 2, 2003 the Vail Town Council directed town staff to pursue four areas of focus to mitigate I-70 impacts on a short-term and long-term basis with updates to be reported on a quarterly basis. The last quarterly update occurred on March 16, 2004 with reports on the four focus areas of education, enforcement, engineering and legislation. In this next quarterly report, staff is prepared to present a summary of additional actions, including traffic enforcement and education, noise and speed measurements, and an analysis of temporary noise wall demonstration options. ACTION REQUESTED OF COUNCIL: 1) Direct staff to continue to pursue a temporary noise wall demonstration project with additional analysis on two possible approaches: a trailer alternative; and a noise wall panel alternative. It~ could cost up to $263,000 to conduct the pilot program. (Is the Town Council comfortable continuing to pursue these alternatives.) 2) Authorize an expenditure of up to $60,000 from the Capital Projects Fund to purchase and install two speed control radar signs for installation on I-70. 3) Authorize the Town Manager to continue with the alternative actions outlined in the Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association. 4. Judy Camp ITEM/TOPIC: Discussion of Percentage Guideline for General Fund Balance (10 min.) ACTION REQUESTED OF COUNCIL: See separate memo BACKGROUND RATIONALE: See separate memo STAFF RECOMMENDATION: See separate memo 5.. Stan Zemler ITEM/TOPIC: Ice Dome Public Hearing (15 min.) Greg Hall The ice dome facility is owned by the Town of Vail and has been operated by the Vail Recreation District for the past three seasons. However, recreation ofi'icials have indicated the district will not operate the facility for the 2004-05 season due to projected losses in the bubble's operations. In the past, the dome has received a conditional.use~permit to operate in a location just east of the golf• course clubhouse from November to April. The facility is then placed in storage during the off-season. The bubble was acquired by the town in 2000 at the request of Vail Junior Hockey and other skating groups to offset scheduling conflicts at Dobson Ice Arena. The facility even endured a lawsuit by neighboring homeowners who feared the bubble would attract late-night noise and increased traffic. Following the recreation district's latest decision to forego operation of the bubble, the Vail Town Council has been presented with three possible options for consideration. One option is to sell. the bubble to the highest bidder. Another option is to keep the bubble in storage for the next year to allow time to evaluate the demand for a second ice sheet in Vail. The third option is to solicit a third party operator for the 2004-05 season. 6. Russ Forrest ITEMITOPIC The Vail Conference Center Advisory Committee (Committee) is requesting the following from the Vail Town Council: (30 min.) 1. Review the recommendation from the Committee on short- fisting the design team candidates and to issue the Request for Proposals to the six recommended design teams. 2. Review and approve suggested changes to the design team selection process from the Committee. 3. Request permission to issue an RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. ACTION REQUESTED OF COUNCIL: vApprove of the above mentioned next steps and funding authorization for an owner's representative. BACKGROUND RATIONALE: On June 15, 2004 the Vail Town Council reviewed and approved the following next steps: 1. Approval of the proposed process for engaging the public in the design team selection process. 2. Selection criteria for request for proposals. 3. Consideration of proposed process givens. 4. Review of updated project budget and interrelated parking costs, and 5. Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top three-four teams selected in the qualification competition). Recommendation The Conference Advisory Committee (sub-committee) unanimously recommends that the Vail Town Council approve the above mentioned requests. 7. John Gulick ITEM/TOPIC: Piney Lake /Forest Service Cut Update (10 min.) Cal Wettstein 8. Stan Zelmer ITEM/TOPIC: Request for funding of Vail Classic Bicycle Ride on Arn Menconi Labor Day Weekend (15 min.) The U. S. Forest Service (USES) is proposing a timber harvest of lodge pole pine in an area four miles northwest of Vail, near Freeman Creek. The primary access to this timber stand is via FSR700 Red Sandstone Road, the road to Piney Lake. Approximately 1,900 acres of timber will be harvested during an eight year period, between 2005 and 2012. Log trucks will be utilizing Red Sandstone Rd. and North Frontage Rd. for access to I-70, between June 1 and October 31. No hauling would occur on weekends or holidays. Flaggers and other safety measures will be in place during harvesting operations. BACKGROUND RATIONALE: Arn~Menconi has approached the town to help sponsor a Labor Day bicycle ride to cover the route locally referred to as the Leadville Loop. At a meeting on June 30, Kelli McDonald and Ian Anderson, of the Vail Local Marketing District Advisory Council (VLMDAC) stated the event would be incorporated into the marketing efforts for the timeframe of August 15 through September 15, which efforts were endorsed by Council at an earlier meeting forgiving a $50,000 working capital loan to the Vail Local Marketing District (VLMD). The event is expected to draw between 300 to 500 riders, and it is anticipated the riders will spend at least one night in the Town of Vail. Lodging packages will be offered to incentivize this. Sybilt Navas and Ian Anderson, on behalf of the Commission on Special Events, indicated another bicycle ride honoring Brent Malin had been funded by CSE for $3,000. The producer of this event has agreed to combine his event with Menconi's proposed Labor Day ride. Navas and Anderson stated the CSE had $7,000 remaining in their '03 budget and they would contact other board members to understand whether they would be willing to earmark these remaining dollars to the Labor Day event. Assuming the CSE is onboard, staff would recommend Council fund up to $15,000 from the original budgeted Pro Cycling Tour (PCT) dollars, now unexpended, of $75,000. 9. George Ruther ITEM/TOPIC: First reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. (20 min.). ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 15, Series of 2004, on first reading. BACKGROUND RATIONALE: At its June 28, 2004, public hearing, the Planning & Environmental Commission reviewed a request to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted 5-1 (Dewitt opposed) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The Planning & Environmental Commission's findings and recommendation are identified in the June 28, 2004, staff memorandum to the Commission. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 15, Series of 2004, on first reading. 10. George Ruther ITEMITOPIC: First reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended 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. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2004. BACKGROUND RATIONALE: On June 14 and 28, 2004, the Town of Vail Planning & Environmental Commission held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M; N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0 to forward a recommendation of approval of the request to the Town Council. In fonNarding their recommendation, however, the Commission proposed several revisions to the conditions of approval. A copy of the staff memorandum to the Planning & Environmental Commission, dated June 28, 2004, with revised conditions have been attached for reference. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 16, Series of 2004, upon first reading. " 11. Matt Mire ITEM/TOPIC: First reading of Ordinance 12, Series 2004, An Ordinance amending Title 6, Chapter 3, of the Municpal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations: and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny Ordinance 12, Series 2004 BACKGROUND RATIONALE: After consultation with the Town Prosecutor, several housekeeping amendments are proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. STAFF RECOMMENDATION: Approve 12. Bill Gibson ITEMITOPIC: (a) Second reading of Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) Districts, and setting forth details in regard thereto. (b) First reading of Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail -Town Code, to amend the Gross Residential Floor Area " (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny, or table Ordinance No. 10, Series of 2004 on second reading. Approve, approve with modifications, deny, or table Ordinance No. 14, Series of 2004 on first reading. Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 13. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series of 2004 -An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance 6, Series 2004 on second reading. BACKGROUND RATIONALE: Pursuant to CRS § 35-5.5-101 et seq., the Colorado Noxious Weed Act, Town staff has developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. STAFF RECOMMENDATION: Approve Ordinance 6, Series 2004, on second reading. 14. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) - ADA Compliance The town is ready to enter into a settlement agreement with the Department of Justice (DOJ) that allows for the modifications required specific to the town be completed within a year and per the separate report forwarded to the town. As a part of the town's report, improvements to the Ford Amphitheater (owned and operated by the Vail Valley Foundation, WF) will coincide with the town's repairs. Town staff has been able to re-schedule maintenance projects in '04 to free up funding to complete approximately half of these repairs and will include line items in the '05 budget to complete the remaining work. The staff believes this will be completed on time, and with some refinements and negotiations along the way, under budget.. Staff met with Dennis Stein, Jim Collins and Linda Alexander (attorneys for the Vail Recreation District, VRD) on Thursday, July 1, to discuss the separate report that was issued to the VRD. Negotiations on cost-share will continue. The DOJ, recognizing the VRD's issues are substantially more complicated and expensive to resolve, has expressed a willingness to enter into a much longer time negotiation with the VRD as long as both parties (the town and VRD) continue to hammer out the details and move forward in asolution-oriented manner. - Eagle County Capital Projects Committee Following the fall election in '03 and during Council's committee and task force appointments discussion, Rod Slifer was appointed to the County Capital Projects Committee to fill Ludwig Kurz's former position. Rod has indicated that because of his many other commitments, he would be comfortable with the Mayor Pro Tem, Dick Cleveland, serving in his stead in this capacity. - Update on Chamonix Property Master Planning We have issued the request for proposals for the master planning process for the Chamonix property. Proposals are due to the town at noon on July 9. We would like to form a subgroup to review the proposals. As envisioned, this subgroup would be comprised of several Council members, several neighborhood representatives and staff. If you would like to participate in the selection_process, please let me know. - Donovan Pavilion Attached you will find a letter from Donovan Pavilion Management, Inc., outlining a change in internal structure. As well, you will see a current set of promotional and marketing materials that have been produced by this company for the pavilion. - Transportation The Rural Resort Region will convene the first meeting to discuss the IGA for the establishment of an I-70 Central MountainTransportation Corridor Coalition. The meeting will be held on Friday, July 16 in the Fremont Room of the Summit County Community and Senior Center. - Request to use Council Days at Dobson The National Brotherhood of Skiers (NBS) will be bringing a group of 4-5,000 skiers to Vail from February 5-12, 2005. The Dobson Arena will be used by the NBS as their registration headquarters, for concerts and banquets. Bill Jensen of Vail Resorts has requested use of eight Town Council use days. The town's management agreement with the Vail Recreation District (VRD) allows for up to 10 days use from the time period of December 15 to March 14. The daily standard rental rate for the facility is $3,500lday. Day use given by the Council still requires hard costs be reimbursed to VRD that can run as high as $1,700/day (to include utilities, set up, tear down, staging, etc.). In the past, Council has not given more than 1 or 2 days of free use during this timeframe. In speaking with the Vail Recreation District (VRD), the district has already displaced regular programming to accommodate this group. The NBS has been offered a contract but had not yet signed it. In the VRD's negotiations with the group, the district had offered a discounted rate of $3,500 for day 1, with the remaining 7 days at $2,500/day (with no additional costs for services, which because of the various set ups, will be extensive). Staff is continuing to research solutions other than this one that would more effectively serve as an incentive but would not undermine the district's ability to garner some revenue. Staff will be prepared with a recommendation by Tuesday evening's meeting. - Vail Local Marketing District (VLMD) Working Capital Loan The Board of the VLMD met on June 15th and authorized the redirection of $50,000 originally budgeted for marketing the Pro Cycling Tour toward marketing in the Front Range during the fall. Town Council had previously agreed that the Town would forgive $50,000 of VLMD's loan from the Town so that VLMD could fund the Pro Cycling Tour. Staff requests a mofion confirming that the $50,000 in loan forgiveness continues to apply with the change in use of the funds. - Easement / Red Sandstone multi-purpose recreation facility Authorize Torn Manager to sign trench agreement followed by a permanent easement agreement~with Holy Cross Electric at the Red Sandstone multi-purpose recreation facility. The easement will provide power to the building by tying into the holy Cross Electric Vault in the road to the new transformer to be set east of the new building. - Easement /Booth Creek Culvert under)-70 Authorize Town Manager to sign a temporary construction easement to replace the Booth Creek Culvert under I-70. This is asub-standard culvert and is needed to expedite the process to avoid another sink hole incident. 15. ITEM/TOPIC: Adjournment 9:45 p:m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JULY 20, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TO: - Town Council FROM: Stan Zemler, Town Manager Greg Hall, Public Works Director Chad Salli, Engineer .Dwight Henninger, Police Chief Suzanne Silverthorn, Community Information Officer DATE: July 6, 2004 SUBJECT: Quarterly Update on I-70 Mitigation Measures BACKGROUND On Dec. 2, 2003 the Vail Town Council directed town staff to pursue four areas of focus to mitigate t-70 impacts on a short-term and long-term basis with updates to be reported •- quarterly on the following: 1) education; 2) enforcement; 3) engineering; and 4) legislation. The last quarterly update occurred March 16, 2004. A summary of the most recent actions is presented below. SUMMARY OF ACTIONS Education • In April, a traffic education campaign was launched to introduce motorists to the 65 Max. program. It was explained that by placing officers on I-70 and enforcing existing highway speeds, it would be possible to reduce the number of accidents on I-70 (average is 112 per year) and to reduce highway noise, which has become a growing community concern. Public awareness efforts have included the placement of: 0 10 television stories on both local and statewide newscasts 0 4 live radio interviews o a segment on National Public Radio Colorado Matters 0 7 local newspaper articles o wire story by Associated Press The coverage has been favorable to the town and has been effective in setting a positive and proactive tone to reinforce our message to drive the maximum speed limit of 65 miles per hour through Vail or risk a ticket. As a result, officers making the enforcement contacts have been getting generally positive comments from the motorists and truck drivers that are stopped. They seem appreciative of the warnings and normally got a good chuckle from the "Don't Race Thru Vail" contest, which ended July 1. The increased patrols have been underway since April 19 in cooperation with the Colorado State Patrol. Enforcement • All Vail patrol officers have received training on conducting safety stops on the interstate, commercial vehicle enforcement and just recently received updated training on the use of sound meters. • The department has been averaging 36.2 hours of enforcement a week, which appears to have sent a clear message of the town's resolve to significantly reduce the speeds being traveled on the interstate. Although it is too early to identify if this has reduced the number of traffic accidents, many other studies have shown that traffic enforcement efforts, whether it be tickets or warnings, are directly correlated to reducing accidents. During the upcoming summer season, the number of hours of enforcement will be maintained at the 21 hour a week agreed upon minimum, with additional enforcement to occur when the call load permits. • In addition, the department leveraged $1,500 of funding from the Colorado Department of Transportation for the "Click-it-or-Ticket" program to increase law enforcement presence on the interstate and on town streets with overtime-funded officers promoting and patrolling the use of seat belts. This occurred between May 24 and June 6 and was kicked off with a press conference by the Colorado State Patrol, local police chiefs and the Eagle County Sheriff. • It appears intuitively, that the program has slowed a portion of the traffic on the Interstate in Vail. Although only 34 commercial vehicles have been stopped, it is clear that as soon as one truck is stopped or a Vail patrol car is seen on the interstate, the drivers are communicating with each other and the trucks are then slowing down through Vail. This is our ultimate goal. • The department encourages interested individuals to participate in ride-alongs with the officers working on I-70, to see the reactions of drivers and the results of the enforcement efforts. Results After 10 Weeks • For the period April 19-June 28 Hours of patrol time on I-70: 362 over 10 weeks, avg. 36.2 hours weekly Number of speeding citations issued: 45 Number of arrests: 13 Number of warnings issued: 334 279 passenger speed warnings 14 passenger equipment warnings 34 commercial speed warnings - in 45 MPH zone 11 commercial speed warnings - in 65 MPH zone 19 other warnings Engineering • On March 16, 2004 the Town Council authorized the Town Manager to approve up to $90,000 to enter into a contract with Hankard Environmental of Fort Collins for noise monitoring and mitigation services. Since then, Hankard has completed the following: o Noise ~ speed measurements conducted April 3 to May 2. Noise levels were measured at four locations (West Vail north, West Vail south, Sandstone, East Vail north). Traffic volumes, speeds and vehicle classifications were measured across both frontage roads and on both eastbound and westbound I-70 lanes near the post office. The data has been analyzed to determine noise levels and speeds before and during increased police speed enforcement. Speeds measured during the two weeks prior to the 65 Max campaign averaged 68 mph on 170 and 39 ~h on the frontage roads while speeds measured during the campaign averaged 65 mph on I-70 and 39 mph on the frontage roads While the average speeds on I-70 were reduced by 3 mph, close inspection of the 2 results reveals no clear trend, according to the analysis. For example, speeds were actually higher during the second week of the campaign than during one of the weeks prior to it. A corresponding noise analysis showed that the noise levels during. the police enforcement campaign were approximately 1 decibel lower than those measured before the campaign. However, like speed, there was no clear trend. While noise levels were reduced by approximately 1 decibel on average, in some cases they were louder during the campaign than before it. This was expected, given the measured fluctuations in speed. Despite difficulties with the weather during the April monitoring, Hankard consultants have indicated the preliminary results do show some correlation between the campaign, speed and noise. It is believed that summer measurements will fare better weatherwise and Hankard will be able to make more definitive claims. The impact of a 1 decibel noise reduction, will not, on its own, be very noticeable to anyone in town, according to Hankard. But, just as the build up of I-70 noise in Vail has come over the span of years, due to increased traffic volumes and speeds, Hankard notes that it may also take years to make an impact in the reduction of noise levels. According to Hankard, when one adds 1 decibel of reduction from one measure, 2 decibels from another, and so on, over time a significant (3 to 5 decibel, even up to 10 decibel) reduction can be achieved. A second round of noise and speed measurements will be taken during the summer for comparison. . o Temporary noise wall demonstration options analyzed. In April, a field survey was conducted to determine preferred sites and distances for a temporary noise wall demonstration. The analysis included safety, traffic, terrain and accessibility considerations. Five of 15 sites evaluated were identified as possibilities. The recommendation from Hankard is to consider a temporary noise wall extending 2,000 lineal feet in one of the following three areas: 1) Area C, 2,000 feet of barrier along the north side of I-70, west of West Vail Interchange along frontage road near Chamonix Lane; 2) Area D, 1,000 feet or more of barrier along the north side of I-70 near the Roost Lodge, and 1,000 feet or more of barrier along the south side of 1-70 near Donovan Park; and Area G, 2,000 feet of barrier along the north side of I-70, along frontage road near the Timber Ridge residences. (See attachment A for site mapping and detailed analysis of the sites). Hankard also has evaluated the feasibility of two different wall types: Option 1 is to temporarily install a series of empty tractor trailers parked end to end with the spaces under and between the trailers sealed with lumber. The 48 ft. long trailers (40 to 80 in all, depending on location) would then be parked alongside the interstate to simulate noise walls. This approach has been successful in reducing noise along I-25 in the T-REX construction zones. (See Attachment D for illustration). Option 2 is to temporarily install 14 ft. tall high noise wall panels. Empire Acoustics of Trinidad, Colo., has indicated its willingness to donate 2,000 lineal feet of panels for a pilot program. This installation would require the construction of concrete foundations. 3 (See attachment D for illustration). An analysis of the two approaches is attached (see attachment B) with comparisons on acoustics., aesthetics, cost, safety and logistics. It appears either approach will provide the simulated environment from which critical test measurements can be taken to determine if permanent noise walls are a viable option in the test location. While both options are comparable in total costs ($260,000 for the trailers, versus $262,500 for the noise wall panel alternative), staff recommends continuing to explore various cost-share options (outlined in attachment C) to offset the town's investment. This includes a request by the town for participation by-the Colorado Motor Carriers Association for the delivery of materials and/or the provision of tractor trailers for the pilot program. It is important to note that either approach requires approval from the Federal Highway Administration and the Colorado Department of Transportation. It is not yet known how much time will be required for these regulatory reviews. Therefore with Council's approval, staff will continue to evaluate the pilot program options to be conducted for afour-week period in July or August of 2004 or deferred to July or August of 2005, depending on the timing of the approvals. Also, unless the Town Council prefers one option over the other staff will work with the regulatory agencies to determine which approach is best suited for the pilot program based on the considerations of acoustics, safety, aesthetics, cost, and logistics. The 2004 Town of Vail budget includes a balance of $363,303 from the Capital Projects Fund for I-70 noise mitigation. o Permanent noise wall research underway. Hankard Environmental is currently researching the various wall types and aesthetics that would be appropriate for Vail. A report will be provided that provides pictures and renderings of three promising walls, and a list of pros and cons for possible sites (constructability issues, noise issues, etc.). o Pending acquisition of "Your Speed is" radar signs by Town of Vail. CDOT has approved the town's request to install radar signs along the interstate at the town's expense. The town has requested the signs. be located in the westbound lanes near Columbine Drive in East Vail and across from the Post Office in West Vail. The signs measure 54" tall.x 36" wide and will cost $30,000 each for acquisition and installation. Staff is requesting Council authorization to proceed with the installation, with completion to occur in September or October. Legislation • On May 21, Town Manager Stan Zemler and Public Works Director Greg Hall testified before a Colorado Municipal League legislative action committee to request CML's support in drafting state legislation that would create a mandatory fine of $100 or more for operating a vehicle without a muffler or with a defective or modified one. The town's request was presented in partnership with the Colorado Motor Carriers Association in an attempt to address the issue of roadway noise equitably and fairly. While the CMC committee was sympathetic 4 to the cause, it was suggested the Colorado Motor Carriers Association find a state legislator to sponsor the bill next session. STAFF RECOMMENDATION Staff recommends the following Town Council actions on July 6: 1) Direct staff to continue to pursue a temporary noise wall demonstration project with additional analysis on two possible approaches: a trailer alternative;. and a noise wall panel alternative. It could cost up to $263,000 to conduct the pilot program. Is the Town Council comfortable continuing to pursue these alternatives? 2) Authorize the expenditure of $60,000 from the Capital Projects fund to purchase two speed control radar signs for installation on I-70; 3) Authorize the town manager to continue with the alternative actions outlined in the Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association; 4) Schedule date for next quarterly review. Attachments A Temporary Noise Wall Site Analysis, Hankard Environmental B Analysis of Temporary Noise Wall Types, Hankard Environmental C Temporary Noise Wall Cost Comparisons, Hankard Environmental D Illustrations of Temporary Noise Wall Options E Memorandum of Understanding between Town of Vail, Colorado Motor Carriers 5 Attachment A (continued) Temporary Noise Wall Conceptual Locations ~,~. -` ~- `~~ _ h .. _ _, w ,~ ~' .s s: ~ i. 1~ , 1 ~~ : _ , ~ ~; _ x. ,~ ~`- y ` -~- , s ~{ - ~ i E ~ t t: Attachment A Temporary Noise Wall Site Analysis, Hankard Environmental Area C Both Sides of I-70 Viable for acoustic demonstration? No - On the south side of I-70 there are only a few residences, the highway is elevated, and access is oor. Frontage Road Location Viable? Yes, along south side of north frontage road. W-beam Present? No. Overall Rating Good site for north side demonstration only. Area D/E Yes -There is good access on both sides and the Both Sides of I-70 Viable for terrain lends itself .well to demonstrating various acoustic demonstration? acoustic phenomenon such as houses lower than hi hwa ,houses hi her than hi hwa ,etc. Frontage Road Location Viable? Yes, on north side only. Both sides of north frontage road appear viable. W-beam Present? North side - no South side -yes Good site for a demonstration on both sides. W-beam Overall Rating present on south side, which could cut costs. Wall would need to be located on mainline I-70 at Site D. Area G No -Cascade Village lies on the south side of I-70 and Both Sides of I-70 Viable for is not a good area for an acoustic demonstration. acoustic demonstration? Much of the area is shielded from I-70 by buildings or is si ~ficantl lower than I-70, and access is oor. Frontage Road Location Viable? North side -yes South side -yes W-beam Present? No. Overall Rating Excellent site for north side demonstration only. Attachment A (continued) Temporary Noise Wall Conceptual Locations r~ 4~ ~r p~= ,r '~ ~,~ :~ s ;_ -~ ~Y +~ T =~' y '4Fi b 1 /~~: ,~~ / K R ` Attachment A (continued) Temporary Noise Wall Conceptual Locations 4' _ •. ~ ,~ ~r .. ~;r. .~, k :*i. ~a,L~'~~ r'. ~ '•_G4y.. k~atf5 "•-~Q :~1v ~ ~ ~ ~ ~a. -w .7~~_~ -~~. , . '~,` r _• ;~ t ~ ~ ~~ ` f~ r •~ [A \ ~' ti a ~.~ ~. mk ,; ~~~ ~'~ ~ ~~ F a. ~V.:..' ~~ i~F st;~ a~~ . (> L 4 ~i Y T w~ M ,~ ~ a~Hf,.:. 9~ ,~. ~ ~ ,, ~ .. ~ ~ ^~..i ~ kti 'i'+'1~'~''yfy~~' Y~ } E'F' {.~` ~ ~ ~. '!~ Kr J ~r~I Y d. -~ ~ t . 7- i~' `~ .., i - ,;. ,~ `Slit * yx~ ; ~ ti • t ` ~ ~ ~ ~ ;~ `-`.. s ~ .;r. , ~ .. ~/ M1 ,.. ~ ` ~'~ ~• -r ~ r ~ r ~ ~ r . L .. ~ Y .ice' • ~. ._ Attachment B Analysis of Noise Wall Types, Hankard Environmental Wall Type There are two wall types under consideration: truck trailers and a post and panel wall. Each of these options has advantages and disadvantages in terms of acoustics, cost, safety, and logistics. The pros and cons of each are summarized in the following tables. Truck Trailers .First, in order to provide a true acoustic demonstration, the areas between and below the trailers would need to be properly sealed. This brings up cost and logistical issues, as discussed below. Acoustics Secondly, the trailers would actually provide more noise reduction than a similar height wall because of their width (approximately 8 feet), as sound would diffract over both edges of the roof. As a result, the demonstration would over emphasize the effect of a ical barrier. This is a subjective topic, but obviously the trailers Aesthetics would not look like or as good as a standard highway noise wall. It is our understanding that the trailers would be delivered to the site by the Colorado Motor Carriers free of charge. We further assume that the Town of Cost Vail could provide traffic control. Therefore, the most significant cost item is the sealing of the gaps under and between the trailers. Also, in some locations safe barrier such as K rail would be necessar . At Sites C, E, and G, the trailers could be located along the frontage road, which is a much safer option. Safety A barrier (i.e. K-rail) might be required in front of the trailers in these locations. A safety barrier would undoubtedly be required at Site D, where the trailers would need to be located alon mainline I-70. The parking of the trailers would require lane closures and traffic control, but would otherwise be Logistics straightforward. The sealing of the gaps below and between the trailers could take place from the non- roadway side of the trailers, which would be safer but mi ht re uire construction easements. Attachment B (continued) Analysis of Noise Wall Types, Hankard Environmental Post and Panel Wall The purpose of the temporary wall is to demonstrate Acoustics the effect of a typical noise barrier, which is exactly what this o tion consists of. The temporary wall would not have any post or panel Aesthetics caps or other architectural treatments, but would for the most art resemble a ical hi hwa noise wall. Empire Acoustics, located in Trinidad, Colorado, has offered to loan and assemble 2,000 feet of noise wall Cost panel. We assume that Colorado Motor Carriers could deliver this material to Vail free of charge. The Town would need to provide the posts (steel or concrete) and the~safe barrier where re aired. The wall would be safer than the trailers due to the fact that it is less than one foot wide, versus 8 feet for Safety the trailers. This increases the viability of Site D, which is on mainline I-70. Safety barriers may still be re aired. The logistics of constructing the wall will depend on the type of foundation used. One alternative being Logistics investigated is to support the posts using two runs of K-rail, another is to drive piles. The latter brings up utility issues. Lane closures and construction easements ma be re aired. Attachment C Noise Wall Cost Comparisons, Hankard Environmental Based on a review of logistical, cost, and engineering issues, the list of barrier materials alternatives has been narrowed to the following: 1. Trailers: 48' empty box trailers parked end to end with the spaces under and between the trailers sealed with lumber, 2. Noise Wall Panels: Pre-manufactured noise wall panels mounted on steel H- beams drilled into the ground. The cost of each alternative depends primarily on the level of outside support that Vail is able to enlist. Tables 1 and 2, attached, show the range of costs fora 2,000 foot long barrier. For each barrier alternative, the first row of the table shows the cost assuming no outside support. Subsequent rows show how the cost is reduced as additional items are provided by others. All of the cost items are provided in torms of $/48 feet (i.e. $/trailer) so that they can be compared directly (except traffic control, which is in terms of total cost, regardless of length). For the trailers, the most significant savings would be gained if the Colorado Motor Carriers Association would supply and deliver the 42 box trailers required to form a 2,000 foot long barrier. Additional savings could be realized if some other entity, such as CDOT, could provide some or all of the 2,000 feet of safety barrier that will likely be required at all of the locations. Finally, $10,000 could be saved if the Town of Vail was able to provide traffic control. For the noise wall panels, the most significant savings would be gained if the panels were loaned by a vendor free of charge. Empire Acoustical in Trinidad, Colorado has offered this. Additional savings could be realized if the CMCA would deliver the panels to and from Trinidad. Finally, the savings described above for safety barrier and traffic control could be realized. There is some chance that the panel alternative would not require a safety barrier at frontage road locations. The locations under study remain as described in our May 31, 2004 memorandum. Location has some effect on cost, but not much. The biggest item is the need for a safety barrier. For the trailer option, a safety barrier will likely be required at both mainline and frontage road locations because of their width. It is possible that the panel option would not require safety barrier at frontage road locations. This will be a CDOT/FHWA decision. There. may also be utility issues for the panel option, such as conflicts with underground utilities, or other site-specific issues that will increase the cost of certain alternatives in certain locations. We are currently investigating these. Length directly effects cost, of course. The costs shown in Table 1 are fora 2,000 foot long barrier. Due to the law of diminishing returns, assume that a 1,000 foot long barrier would cost approximately 60% of what the 2,000 foot barrier is estimated to cost. It should be borne in mind, however, that a 2,000 foot long barrier would provide a useful acoustic demonstration out to a distance of approximately 400 feet behind the barrier. A Attachment C (continued) Noise Wall Cost Comparisons, Hankard Environmental 1,000 foot long barrier will provide a useful demonstration out to a distance of only 200 to 300 feet. Table 1: Trailer Alternative - 2,000 Feet Long Safety Traffic Seal Haul In Haul out Barrier Control and Unseal Total Level of Outside SuppoR ($148') ($148') ($148') ($) ($148') ($) No Outside SuppoR $1,500 $1,500 $2,100 $10,000 $900 $260,000 CMCA hauls trailers in and out $0 $0 $2,100 $10,000 $900 $135,000 Others provide safety barrier $0 $0 $0 $10,000 $900 $47,500 Others provide traffic control $0 $0 $0 $0 $900 $37,500 Table 2: Noise Wall Panel Alternative - 2,000 Feet Lon ,14 Feet Tall Panel Steel Panet Assemble Safety Traffic Material & Rental 8 Remove Haul inlout Barrier Control Insta11/Remove Total Level of Outside SuppoR ($148')- ($148') ($148') ($148') ($) ($148') ($) No Outside SuppoR $1,200 $960 $350 $2,100 $10,000 $1,450. $262,500 Panels provided by manufacturer $0 $960 $350 $2,100 $10,000 $1,450 $212,500 Panel install provided by manufacturer $0 $0 $350 $2,100 $10,000 $1,450 $172,500 CMCA hauls trailers in and out $0 $0 $0 $2,100 $10,000 $1,450 $157,917 Others provide safety barrier or it is not required $0 $0 $0 $0 $10,000 $1,450 $70,417 Others provide traffic control $0 $0 $0 $0 $0 $1,450 $60,417 Attachment D Illustrations of Temporary Noise Wall Options .~\` \~: Truck Trailers T-REX, I-25 Affachmenf D Illustrations of Temporary Noise Wall Options •~:. > v ~~ ='. ;?~ is .~ i '~' < ~~: ~ ~:~. Truck Trailers T-REX, I-25 ~b~~ Attachment D Illustrations of Temporary Noise Wall Options Noise Wall Panels Empire Acoustics Attachment D Illustrations of Temporary Noise Wall Options Noise Wall Panels Empire Acoustics ~' ~ Attachment E Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association This emorandum of Understanding is entered into on this ~ day of 2003, by the TOWN OF VAIL, a Colorado municipal corporation, hereinafter referred to as ("the TOV°), and the COLORADO MOTOR CARRIERS Association, a Colorado non-profit corporation, hereinafter referred to as ("the CMCA"). WITNESSETH WHEREAS, the TOV and the CMCA recognize that there are quality of life and economic issues for Town residents and guests due to the proximity of the TOV to Interstate 70; and WHEREAS, the TOV and the CMCA believe it is prudent to take amulti-faceted approach to mitigate noise and other issues through a partnership; and WHEREAS, the TOV and the CMCA ,agree to move forward in the areas of education; enforcement and engineering to the best of their abilities and in a spirit of collaboration and cooperation. toward mitigating noise on the I-70 corridor through Vail; and WHEREAS, the TOV and the CMCA, working together, can employ their combined resources to leverage Federal and State assistance toward that end. NOW THEREFORE, the parties agree as follows: Education Mountain Driving Education Program CMCA and the TOV will cooperatively work on an information program with trucking companies utilizing the I-70 corridor to ensure safe driving. The program will emphasize the importance of speed compliance, use of chains and the appropriate use of engine brakes. Additional involvement by the Colorado State Patrol and Colorado Department of Transportation will be encouraged and efforts to add a `your speed is° radar display component to the variable message signs at mile marker 177 and 173 will be pursued by both parties. CMCA will work with the TOV to expand its trucker education program to include brochures, CDs and other materials which will better inform drivers on how to safely operate through the mountains. The CMCA will assist toward the education component and will join the TOV in working with state and federal agencies to procure additional funding for this effort, if needed. Enforcement Increased Speed Enforcement CMCA a nd t he T OV w ill work together a nd a dvocate greater a nforcement o f e xisting. speed limits by the State Patrol and the Vail Police Department for all vehicles on I-70 through the area. Both parties shall make a formal request to the State Patrol for greater enforcement activities. ,, Increased Enforcement of Current State Law Requiring Mufflers on Vehicles with Engine Brakes CMCA and the TOV will seek greater enforcement of the existing state law which requires that trucks with engine brakes (fake brakes). have mufflers. This law provides a $500 fine for any truck with an engine brake and not having a muffler. Both agencies will ask the Ports of Entry staff at the Dumont and Loma (near Grand Junction on I-70) Ports of Entry to strictly enforce this law., As part of this effort, town officials will seek to effectively enforce the state law on local roadways: and job sites within the TOV. Further, CMCA and TOV will ask that roadside safety inspectors include a check of the muffler as part of their safety reviews on trucks. Engine Brake Muffler Legislation in Other States The Colorado Legislature with the assistance of CMCA was the first state in the country to pass a tough measure citing trucks without a muffler and possessing an engine brake. CMCA h as w orked w ith i is a ffiliates i n o ther s fates for p assage o f a s imilar measure which will further reduce the numbers of loud trucks passing through our state. Already, ~-1ontana and Nevada- have passed the same law and several other. states are considering it. As part of this agreement, CMCA agrees to work with its affiliates in other states for the passage of this measure requiring mufflers on trucks with engine brakes. Investigate Legislation Regarding Failure to Malntaln or Alter a Muffler Current state law provides a nominal ($15) fine for vehicles which may not possess a muffler or have a faulty muffler, both contributing to significantly high noise levels. Under this MOU, CMCA in conjunction with .the TOV will explore the development of state legislation which could provide for increased penalties for failure to maintain or alter a muffler. T his legislation would apply to all vehicles (automobiles, m otorcycles, trucks, etc.). Engineering Noise Monitoring CMCA will seek to obtain a noise meter for the TOV to measure noise levels on I-70 as well a s within t he c ommunity. TOV, w ith t he c onsent o f C MCA, will seek third p arty technical assistance to establish baseline measurements for noise levels associated with various t ypes of v ehicles w ith t he i ntent t o d evelop a n e nforceable m aximum d ecibel standard. The third party will also work with the TOV to ensure that staff is trained in the proper u se o f s uch meters. In a ddition, the t hird p arty s hall c onduct s cheduled n oise tests to evaluate the ongoing effectiveness of all mitigation efforts. CMCA and the TOV agree to work on this effort and will meet with the third party to agree on the scope of work and the duration of measurements. Pilot Decibel Reduction Project Using the research identified above, CMCA and TOV will jointly evaluate whether a maximum decibel standard for all vehicles passing through Vail could be developed based on EPA noise standards for trucks and other vehicles. Any decibel-oriented ordinance would apply to all vehicles on the corridor. Temporary Noise Barriers TOV and CMCA will explore the use of temporary noise barriers (trailers) as a 30-day experimental program to measure noise reduction impacts prior to construction of permanent noise barriers. This program will use the T-Rex noise abatement actions as a model. CMCA will seek the necessary trailers for this project. The TOV will assume liability for these trailers while in use during the experiment. 2 Noise Wall Funding CMCA will work with TOV to begin discussions with state and federal officials to seek funding for a phased noise wall program. CMCA along with TOV officials will meet with state and federal officials to explore various avenues for funding. National Research CMCA agrees to pursue with the American Trucking Associations a study on overall noise levels associated with trucks and measures that may be taken to mitigate such noise. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made the day and year first above written. ~olorad otor Carriers Association TOWN OF VAIL, a Colorado A or non-pry-ee;poration municipal corporation D. Fulton, President n Zemler, Town Manager 3 MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: July 6, 2004 SUBJECT: Update on the Vail Conference Center Planner: Russell Forrest 1. PURPOSE The Vail Conference Center Advisory Committee (Committee) is requesting the following from the Vail Town Council: 1. Review the recommendation from the Committee on short-listing the design team candidates and to issue the Request for Proposals (RFP) to the six recommended design teams. 2. Review and approve suggested changes to the design team selection process from the Committee. 3. Request permission to issue a RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. 2. BACKGROUND The Vail Town Council on April 20, 2004 authorized a series of next steps which included interviewing owner's representative firms for the Conference Center. On April 29, 2004, the Committee met to interview five owner's representative firms. On May 18, 2004 the Vail Town Council authorized the Town Manager to execute a contract with ARC to be the Town's owner's representative and funding for the first phase of this contract or $8,510. The Vail Town Council also authorized the Committee to negotiate with both Piper Jaffray and Kirtpatrick Pettis to be the Town's investment banker on this project. On .June 1, 2004 the Vail Town Council voted to approve the following requests from the Committee: • Authorization to engage Piper Jaffray as the Town's investment banker for the Conference Center. • Authorization to issue a Request for Qualification (RFQ) for design team assistance on the Conference Center. • Request to move forward with a negotiated guaranteed maximum price process for engaging a design team and a general contractor (as opposed to a design build process). This essentially means that both the architect and general contractor will work for the Town of Vail. Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Committee is only requesting $93,212 (includes fees and reimbursables) to fund this function until a decision is made by the Vail Town Council to issue bonds which is anticipated in the November/December 2004 time frame. On June 15, 2004 the Vail Town Council reviewed and approved the following next steps: • Approval of the proposed process for engaging the public in the design team selection process. • Selection criteria for request for proposals. • Consideration of proposed process givens. • Review of updated project budget and interrelated parking costs, and • Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition). 3. DESCRIPTION OF REQUESTS A. Selection Update & Request to issue Request for Proposals (RFP) Attached is a summary of the eleven team's submitted qualifications (Attachment A) for the Conference Center. On June 24, 2004, the Conference Center sub committee met to provide an initial review of the qualifications. The Committee is recommending that RFP's (Attachment B) be mailed to six of the teams on July 7th. The Committee used a combination of quantitative review criteria (score sheets) and qualitative review of the qualifications to develop a recommendation. In addition several local design professionals were invited to participate in the selection process. The Committee is recommending that the following firms receive RFP's: • Antoine Predock Architects • Fentress Bradburn Architects Ltd • Horberger & Worstell • Klipp & Morter , • LMN Architects & Zehren • Thompson Ventulett, Stainback & Associates & VAG B. Process Update & Proposed Changes Given that the Committee is recommending six teams move forward, it is felt that these teams should be given RFP's to determine their fees for the proposed services in the RFP. An executive summary of the attached RFP was approved by the Vail Town Council on June 15, 2004. A revised 2 schedule is provided with this memorandum (Attachment C). In addition, the Committee would like to do a thorough reference check on the six teams and invite them for oral interviews, scheduled for July 26th and 27th, prior to making further cuts. At these interviews it may be possible to develop a recommendation for a design team to hire. However, the Committee would propose that if the interviews did not result in a clear recommendation for a design team that the top 2-3 teams do a design presentation and present their design concepts for the project to the community. If there was a clear "winner" from the oral interviews and the Vail Town Council supported that decision, then the selected design team would be engaged and begin the design process. One of the first steps, along with completing a master plan for the Lionshead parking structure site, would be to generate alternative design approaches as one of the initial steps in the design process. A major question the Committee has for the Vail Town Council is if there is a clear preference for one design team on the July 26 & 27`h oral interviews and the Vail Town Council accepts that recommendation, would it be acceptable to move forward in selecting one team without a presentation of design concepts from alternative teams. The attached revised schedule contemplates the option of not doing a design presentation prior to selection as one option that could be considered by the Vail Town Council on August 3, 2004. It also shows a time line for completing a design presentation prior to final team selection. A public meeting is still scheduled for July 7'h at 5:30 p.m. in the Donovan Park Pavilion to provide the community an update on the process to date and proposed next steps. C. Land Survey RFP and Selection It is critical to have basic site information available at the time a design team is selected so that they can rapidly develop concepts for the community's consideration. A critical piece of information is an accurate land survey of the Liosnhead parking structure Site. Staff would like to ask permission to issue an RFP for completing a survey and select a surveyor. Staff anticipates coming back to the Vail Town Council at the next meeting with the responses of this RFP and requesting approval of an overall budget for doing a survey, supporting a public process for the design process, and other technical actions than need to occur to support the Conference Center project. 4. PROPOSED NEXT STEPS The flow chart in Attachment C reviews the proposed next steps over the next 3 to 4 months. The major next steps include: 1. Public Meeting on July 7, 2004 at 5:30 to review qualifications of top 10 design teams. 2. Issue RFP on surveying on July 8, 2004 3. Issue RFP to proposed 6 teams on July 8, 2004 4. Conference Center Advisory Committee meeting on July 14~' to review fee proposals and reference checks. 5. Town Council meeting on July 20tH 6. Oral Interview with 6 teams on July 26~' and 27tH Attachment A: Qualification Summary , Attachment B Request for Proposals Attachment C Revised Process Flow Chart F:\Users\cdev\COUNCIL\MEMOS\04\conference center070604.doc 4 Attachment A: Qualification Summary ~~~n -. Preview of Public Update for Design Team Selection for Vail's New Conference Center July 1, 2004 Architectural Resource Consultants, Inc. Process Overview ^ Submittals scored by four experts ^ Three nationally known local Architects + ARC ^ Qualitative & quantitative analysis ^ Results presented to Advisory Committee ^ Discussed and evaluated ^ List cut to six firms going forward ^ Public update on July ~h ^ RFP due on July 13th Proposed Candidates: Antoine Predock Architects ^ Home office: Albuquerque, NM ^ CO team member: Anderson Mason Dale ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience w\project type: Three ^ Experience of staff: Excellent ^ Financial strength: Good Process Overview ^ Council authorized RFQ on 07 JUN ^ Advertised in trade publications ^ Seventeen architectural firms responded ^ Grouped in eleven teams ^ Outstanding candidates w\great experience ^ National response (Seattle to Atlanta) ^ Four local firms represented on teams Sample of Analysis Points ^ Qualifications of proposed team ^ Can a firm follow directions? ^ Do they REALLY want the job? ^ Resume & experience of key people? ^ Scope of services included is significant ^ Team member hours are also important ^ Selecting people, not just a firm l Proposed Candidates: Fentress Bradburn Architects ^ Home office: Denver, CO ^ CO team member: N/A ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience vJ~project type: Six ^ Experience of staff: Excellent ^ Financial strength: Good 1 Proposed Candidates: Hornberger & Worstell ^ Home office: San Francisco, CA ^ CO team member: None ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience w\project type: Twelve ^ Experience of staff: Excellent ^ Financial strength: Good Proposed Candidates: LMN Architects ^ Home office: Seattle, WA ^ CO team member: Zehren & Associates ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience w\project type: Thirty-five ^ Experience of staff: Excellent ^ Financial strength: Good Going Forward ^ Review of proposed RFP by Council ^ Public update on July 7~' @ Donovan Pavilion ^ RFP responses on July 13th ^ Meeting on July 14~h to short-list ^ Short-list approved by Council ^ Oral interviews on July 26tl' & 27th ^ Present recommendation in August ^ Begin design process Proposed Candidates: Klipp Architecture ^ Home office: Denver, CO ^ CO team member: Morter Architects ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience w\project type: Six ^ Experience of staff: Excellent ^ Financial strength: Good Proposed Candidates: Thompson, Ventulett, Stainback ^ Home office: Atlanta, GA ^ CO team member: Vail Architecture Group ^ Qualifications: Excellent ^ "Fit" for project & client: Excellent ^ Experience w\project type: Five ^ Experience of staff: Excellent ^ Financial strength: Excellent 2 Attachment B: Request for Proposals r '~;, Architectural Renaurce Ct~nsu~tants, lnc. P.O,. Box 3133 ^ Vail, CO.81658 ^ {9T0) 849-5100 ~ Fax (97Q} 949-55'99 To Whom it May Concern: Your firm has been selected to prepare a response to this Request for Proposal (RFP), based on your submittal for the Request for Qualifications on the Town of Vail -Conference Center. The information needed and the issues to be addressed in this next submittal are as follows: ~. Scope of the Project A. Base Scope of Work:. 1. Provide master-planning services for the new Conference Center as it relates to the site, proposed Lionshead core site projects, and for the adjacent properties as well as the uses shown in the approved Town of Vail Lionshead Master Plan. A copy of this Master Plan is attached for your team's review. 2. The new Conference Center will be 100,000 square feet, as shown in the attached program. For the purpose of responding to this RFP, assume the building will be a steel structure. 3. The budget provides $42.5 million for hard and soft construction costs. 4. The base scope of work shall include all loading, delivery, pedestrian, vehicular access, and other Site/Conference Center driven project elements. B. Add Alternate One -125 Parking Spaces -Scope of Work: C:WrojeclsTown of Vail Conference CenterVvchitect SelectionWrchdecl RFP-ARC 23 JUN tM Page 1 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. 1. Provide a net increase of 125 new parking spaces at the existing Lionshead parking structure by adding a new structural deck over a portion of the north half of the e~asting building. 2. The Town of Vail has completed a preliminary structural and code analysis of the existing parking structure that indicates the existing columns will not support the proposed deck, and some life safety issues will need to be addressed as part of this Alternate's scope of work. This preliminary analysis will be available to the selected candidate, but should be validated by their team. 3. This portion of the project's design will also address ramps from the new plate to the existing parking structure, extension of stair cores, pedestrian and monitored vehicular access per code, access and structural loading for snow removal equipment, etc: 4. The cost for this alternate is included in the base budget shown in Item A.3 above. C. Add Alternate Two - 200 Parking Spaces -Scope of Work: Provide a total of 200 new parking spaces at the existing Lionshead parking structure by adding a new structural deck over the entire north half of the existing building. 2. The same design information and issues shown in B.2 and B.3 apply here as well. 3. The incremental increase in the cost of the 75 parking spaces in this alternate would be funded separately from the budget shown in A.3 above. D. Add Alternate Three - 400 Parking Spaces -Scope of Work: Provide a total of 400 new parking spaces at the existing Lionshead parking structure by adding a new structural deck over the entire north half of the existing building. 2. The same design information and issues shown in B.2 and B.3 apply here as well. C:lprojeasTown of Vail Conference CenterVvchited SelectlonVarchitect RFP-ARC 23 JUN O4 Page 2 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. 3. The incremental increase in the cost of the 275 parking spaces in this alternate would be funded separately from the budget shown in A.3 above. E. Add Alternate Four -Five (5) Bus Drop-off and Transit Center Scope of Work: 1. Provide a drop off area for five (5) full-size buses and separate local shuttle lanes on this site; 2. a port-cochere over these buses; 3. Provide a 600 SF, enclosed, heated and cooled transit center waiting area on site. 4. The cost for this alternate would be funded separately from the budget shown in A.3 above. F. Add Alternate Five -Road Template -Scope of Work: 1. 1,000 LF of new five-lane template at the north frontage road East of the existing site entrance; and 2. 1,000 LF of new four-lane template at north frontage road West of the existing site entrance 3.~ The cost for this alternate would be funded separately from the budget shown in A.3 above. G. The Owner's preferred schedule is for Master Planning to begin sometime between 04 AUG 04 and 08 SEP 04 as mutually agreed in advance by the Owner and Architect, with Notice to Proceed for site construction given 19 APR 05, Notice to Proceed for building construction given 13 JUN 05, and Substantial Completion being reached on 15 JUN 06. This assumes reasonably responsive owner input and design approvals, and the standard approval process for a project in the Town of Vail. C:tprojeGSTOwn of Vail Conference CenterWrchitect SeledionVirchitect RFP -ARC 23 JUN 04 Page 3 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. H. If your firm believes the above schedule is too aggressive for your available resources or preferred process, please provide a proposed schedule with this submittal in graphic format. I. The selected candidate should assume the owner will be providing an initial program outline, ALTA survey of the site, a preliminary and final soils report and all furnishings, fixtures and equipment (FF&E) design and procurement (with the sole exception of the kitchen equipment design ... see below). All other services typically provided by a design team during design and construction, as well as master planning, landscape design, kitchen design, civil engineering, and construction cost estimating should be included in the scope of this proposal. K. The fee proposed should include presenting not less than (3) three design concepts to the staff, conference center advisory committee, Town of Vail Council, and the public prior to approval of concept design and NTP for schematic design. L. The design team will be responsible for presenting the project to and responding to the Town of Vail approval entities, and obtaining those approvals. M. Exterior features will compliment existing local and mountain architecture found in the Town of Vail and comply with Design Review Board guidelines. N. If your response to the RFQ is not congruent with the above design services, please adjust the necessary sections and re-submit. If your previous submittal's scope of services is acceptable without revision, please note this in your response. II. Project Program & Owner's Philosophy A. A final building program will be provided by the joint efforts of the selected Architect, the Owner's Operations Consultant, ToV staff and public input as one of the first tasks of the selected team. The first draft of this program has been provided for your use. B. The Town of Vail is expecting to maximize space flexibility. ~ C:tprojedsTovm of Vail Conference CenterWrchited SelectionWchilect RFP-ARC 23 JUN 04 Page 4 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. !' C. The conference center itself will integrate sustainable environmentally conscious and efficient building features that include but not limited~too: 1. Day-lighting that compliments direct/indirecttighting; 2. Glazing technology that positively impacts energy efficiency and occupant comfort; 3. Mechanical design that is efficient, operates at an acceptable noise level, both internally and externally is easily maintained; and appropriately engineered for Town of Vail environmental conditions; and 4. Interior finishes that compliment conference center functions as well as being very durable. III. Professional Fees A. ARC has provided an MS Excel workbook for your use in responding to the questions below. Read the "Instructions" tab in this file. B. Please submit a lump sum fee to provide the design services by phase as described above. C. When preparing a fee: for alternate one, two and three, assume each previous alternate has already been added to the project and your contracted scope of work. In other words, the fee for Alternate Two should assume the design and engineering work for Alternate One has already been authorized by the owner, and is only the incremental additional fee necessary to complete the added scope of Alternate Two. D. When preparing a fee for alternate four and~five, assume these are stand alone alternates and should include the total fee necessary to complete the scope of these two alternates. E. Based on the project schedule described above, or your proposed schedule, if different, please prepare a list of payments by billing period showing the proposed allocation of the above fee. C:~projectsTown of Vail Conference CenterVvchited SelectiontArchitect RFP-ARC 23 JUN 04 Page 5 of 9 © 2004 All Rightsreserved by Architectural Resource Consultants, Inc.. F. Clearly identify all categories of reimbursable expenses, their percentage of markup, and anticipated cost based on the billing periods shown above. In areas of uncertainty, a range of probable reimbursable costs will be acceptable. G. Submit this in both hard copy and electronic copy with this submittal. IV. Design Documents A. Describe in detail the contents of a typical conceptual design package submitted by your firm. B. Describe in detail the contents of a typical schematic design package submitted by your firm. C. Describe in detail the contents of a typical design development design package submitted by your firm. D. Describe in detail the contents of a typical construction documents design package submitted by your firm. V. Proposed Contract Form A. Enclosed please find a draft of the proposed OwnerlArchitect agreement for your firm's review and comment. B. Please make a list of all desired modifications to the contract form. Be prepared to provide this list of exceptions on 26 JUL 04, together with any additional written comments. in the event your firm is requested to attend an oral interview. C. These comments are not required to be submitted as part of the response to this RFP, but analysis should probably be initiated now based on the short notice period given to oral interview candidates (see below). VI. Town of Vail Standard Language A. Limitations of Multiple-Fiscal Year Obligations: All financial obligations under this contract subsequent to the fiscal year in f C:\projedsTown of Vail Conference CenterlArchited ~ SeledionWrchitect RFP-ARC 23 JUN 04 Page 6 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. r which it is signed is contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the Town of Vail. This contract shall not be deemed to create any multiple-fiscal year direct or indirect by Section 20(4)(b) of the State Constitution (Amendment One). B. Right to Reject any and All Proposals: The Town of Vail does not obligate itself to accept the lowest, or any other proposal, and reserves sole discretion to reject any or all proposals, to re- advertise, and to waive formalities or irregularities in the process or of any proposal. When considering proposals and determining whether the Contract will be awarded and, if so, to which vendor, the Town of Vail, in its sole discretion, deems to be appropriate. C. Insurance Requirements: The Bidder shall take out and maintain at the Bidder's own expense the following minimum limits of insurance: 1. Errors and Omissions or Professional Liability: a) $1,000,000 per claim b) $2,000,000 aggregate 2. Commercial General Liability a) $2,000,000 combined single limit b) $1,000,000 aggregate 3. Automobile Liability: a) $1,000,000 combined single limit b) $1,000,000 per person and $1,000,000 per occurrence for bodily injury and property damage. 4. Workers' Compensation and Employer's Liability: C:lprojeclsTown of Vail Conference CenterWrchitect SelectionWrchitect RFP-ARC 23 JUN lM Page 7 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. a) Workers' Compensation limits as required by the State of Colorado b) Employer's liability limits of $100,000 per accident. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after 30 days prior written notice has been given to the Owner. 6. The bidder shall provide Certificates in ACCORD format and all renewal notices for each insurance policy required by this clause to the Owner in a timely and. proactive manner. Failure of the Owner to receive such certificates and renewal notices shall grant the Owner the right to take remedial action as required to protect its interests. D. Hazardous Material: The Bidder agrees to indemnify and hold Owner and Architect harmless for any release or disposal of any kind of toxic wastes or hazardous material, or any violation of any law or regulation of the Environmental Protection Agency or Colorado Department of Health and Environment which is caused, in whole or in part by the contractor or any of the Bidder's subcontractors. E. Assignment: The successful Bidder is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the Town of Vail. F. Appropriation of Funds: Owner affirmatively represents that its governing body has duly appropriated such sums which are equal to or in excess of the contract amount, and that such contract amount may be lawfully paid by Owner to Contractor subject to the terms and conditions of the contract documents. In the event that Owner approves a change order or other additional compensable work to be performed by Contractor, (other than that contemplated by the contract documents under any remedy-granting provision), Owner will issue a written assurance at the time of such approval t C:tprojedsTown of Vail Conference CenterWdiilecl SelectionVvchitect RFP -ARC 23 JUN tM Page 8 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. that such additional compensation to be paid has also been duly appropriated by the Owner's governing body. Direct any questions that you might have to tovrfp r~,arcinc.to as a single point of contact will generate the most clarity of direction and least confusion of intent. Phone calls, or direct contact with the Owner or the Owner's staff may disqualify the candidate, at the Owner's option. Your firm should also make arrangements to be available for an oral interview at the Town of Vail Council Chambers in Vail on either 26 or 27JUL 04 in the event your firm is requested to attend. The committee will require twenty (20) hard copies of your firm's response addressed and delivered by hand to: Mr. Mark Huff Architectural Resource Consultants, Inc. 4410 Arapahoe Ave. Suite 220 Boulder, CO 80303 In addition, please provide an electronic copy of your firm's response in Adobe Acrobat (.PDF) format except for Microsoft excel files which will be forwarded in there original MS Excel format to tovrfpna.arcinc.to. Please note, no single page in the electronic format submitted shall exceed 11" x 17". FAX submittals will not be accepted. Submittals are due no later than 12:00 pm MST, 13 JUL 04. Thank you for your time and continued interest in our exciting and unique project. CaprojedsTovm of Vail Conference CenterV+rchitect SeledionWrchited RFP-ARC 23 JUN 04 Page 9 of 9 © 2004 All Rights reserved by Architectural Resource Consultants, Inc.. Attachment C: Revised Process Flow Chart Conference Center Time Line-Design Team Selection June 2 RFD Issued June 17 ~ June 18-June 25 RFO Due ARC Review of Submittals „~,c `~. 5 ~~ i ,"_"~5F ~r-,~6~~~ Confirm Intervieva (Its possible a team(s) are eliminated based on references and proposal ~ August 12-251h RFD for General Contractor recomendation to Council 1) Choose 1 firm or 2) Desipn Presentation ~~..r ~~N,~,~~,.~~~~,,,,. ........... .............._. .................. .........._..... ............_vetooer._zOUa___. .. _.__.._.. ..............-_.NOVember-2004 ..............._ .. .......................December 2004 -iV~t; ~ ~`~ x, S~~n~rerYgnts Ian Po py o Lek Begin Design - t g i -t~'I)YUbj rKl~jge~pg"1~r ~P(eSrl6erp September 7-10th Process-Dates vrill By October 15 By November 51h By November 30th + - "~ {~ ToWg. quppfl; Enter into Contract be reviewed and Master Plan/Site Schematic Desi n RFP Res onses rD9Femoe[ 2Qf~i ~y~~ i52)'fi0f~eenGg'~yy ~" ~. ~ g P CY oo e~ ~. Presentation Needed f~ 3) Des~g~~ ~lur~ ~Sj9stop,,T~° with Design Team agreed to with Plan for Project Complete with GMP ~~ ys S Ge @i --~; ft@e'.-~.St uo. _ Design Tea ~tr~clof~/1 Readl~ Choose 1 Team \ r~~r Legend Town CounGl (TC) Decision 8 Publlc Input -o oY= ~[@ Pubic Input r`M^` Conference Committee S tafl ACgon Begin Deslgn By end of Augusl4-9 Process-Dates will September/ Enter Into Contract be reviewed and Beginning of with Design Team agreed to with October Design Tea Master Pian/Site Plan for Proier~ By Late October I I gy mid November Schematic Design RFP Responses Complete with GMP MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 28, 2004 SUBJECT: A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/Part of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Johannes Faessler Planner: George Ruther I. DESCRIPTION OF THE REQUEST The applicant, Johnannes Faessler, is requesting a final review of a major amendment to Special Development District #35, Austria Haus. The purpose of the proposed amendment is to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" within the special development district. The request to remove the condition of approval is intended to facilitate the use of the easternmost tenant space (Platz'I Bar) on the ground floor of the Austria Haus for a Starbuck's coffeehouse. II. BACKGROUND In 1997; the Vail Town Council approved Ordinance No. 12, Series of 1997, establishing Special Development District #35, Austria Haus. In adopting this ordinance, the Town Council, upon input from the Village Center residential condominium owners expressing concerns about noise, odors, and frequency of loading/delivery to the Austria Haus, placed a limit on the uses allowed in the District and placed a condition restricting the current and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. In 2002, the Vail Town Council approved Ordinance No. 5, Series of 2002, removing a condition of approval that prohibits the operation of restaurants with the Special Development District (SDD #35 Austria Haus). In removing the condition, however, the Council, among other things, placed the following obligations on the applicant, `The applicant, Johannes Faessler, or his authorized agent, shall cause this ~`~~ . M,i,, TOfYN OF PAIL ~ :,:' agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk 8~ Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become "null and void." The applicant failed to successfully comply with this condition, and as such, all approvals granted in 2002, pursuant to Ordinance No. 5, have since become null and void. A copy of Ordinance No. 5, Series of 2002, has been attached for reference (attachment A) III. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant .material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IV. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Special Development District #35 was approved by the Town of Vail in 1997, pursuant to Ordinance No. 12, Series of 1997. According to the Official Zoning Map of the Town of Vail, the underlying zoning of the Austria Haus development site is Public Accommodation. Pursuant to Title 12, Chapter 7 of the Vail Town Code, the purpose of the Public Accommodation Zone District is: to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor-oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the District. Further, Section 12-7A-2, Permitted Uses, of the Vail Town Code states, The following uses shall be permitted in the PA District: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas maybe located on an outdoor deck, porch, or terrace. In 1997, the Vail Town Council adopted Ordinance No. 12, Series of 1997, establishing the Austria Haus Special Development District. During the public hearing review process the owners at the Village Center Condominiums expressed a concern regarding the correlation between the number of loading and delivery vehicle trips and restaurant facilities. Specifically, the neighbors were concerned~with the negative impacts (noise, odor, aesthetics, etc.) associated with loading and delivery operations outside their windows and believed that one way of mitigating those impacts was to minimize the number of vehicles trips by reducing trip generating uses (i.e. restaurants). In responding to the concern, the applicant agreed to place adeed- restriction or covenant restricting the current and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. A deed- restriction has been recorded with the Eagle County Clerk & Recorder's Office. The Austria Haus has been in operation since November of 1998. In that time the building has operated in accordance with the terms of the Town's approval. Staff contacted Johannes Faessler to acquire information on the loading and delivery trends of the building. According to Mr. Faessler, trash removal is provided 3 times per week during the busy seasons and 1 time per week during the off-season. Additionally, Mr. Faessler indicated that there have been no noticeable increases in delivery vehicle trips to the Austria Haus as a result of the restaurant operation. For the purpose of this amendment, staff recommends that the following agreement be made part of the approval and that said agreement be recorded by the applicant and/or his agent with the Eagle County Clerk and Recorder's Office: "The Austria Haus (herein "Property") may not be used for the operation of a restaurant. The term "restaurant" as used herein means an eating establishment which is full service, offering one or more of a complete breakfast menu, lunch menu or dinner menu and which prepares the food offered at the Property in an on-site kitchen. The term "restaurant as used herein does not include a coffee shop, sandwich shop or similar use which involves any one or more of the following; 1) preparation of brewed coffee, tea, and/or espresso drinks at the Property, 2) use of a microwave oven at the Property, and 3) the sale of any one or more of the following; a) whole ground coffee beans, b) coffee by the cup, c) espresso%offee/tea-based drinks, d) teas and spices, e) espresso%offee/tea-related equipment, supplies and accessories, ~ seasonal, promotional and branded merchandise, g) assorted food items including, but not limited to, baked foods, desserts, frozen desserts, salads, sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and i) other non-food related items reasonably associated with the operation of a coffee shop." C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The Austria Haus development complies with the parking and loading requirements established for the site. The proposed major amendment has no impact on the parking requirement for the property as the parking generation rates outlined in Section 12-10 of the Vail Town Code include restaurant uses under the designation of eating & drinking establishments. The loading and delivery requirements of the Austria Haus have also been met. Like the parking generation rates, the loading and delivery rate requirements fora "lodge" includes all the uses within the building. Therefore, the loading a'nd delivery 4 requirement has already been satisfied per the land use regulations. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Austria Haus development site is not located in any geologically sensitive areas or within the 100- year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation. Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. c With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. With the exception of a new sign and a new coat of paint, the applicant is not proposing any changes to the exterior of the tenant space. Therefore, staff does not believe that this criteria is relevant to this application. V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council of the proposed major amendment to Special Development District #35, Austria Haus. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section IV of this memorandum and the evidence presented on this application. Should the Planning & Environmental Commission choose to recommend approval of the proposed major amendment staff recommends that the following finding be incorporated into a motion: "That the proposed major amendment to Special Development District #35, Austria Haus, amending the conditions of approval by removing the condition prohibiting the operation of a restaurant within the special development district, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town." Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition. shall cause this approval to become null and void. VI. ATTACHMENTS Attachment A - A copy of Ordinance No. 5, Series of 2002 ORDINANCE NO. 5 Series of 2002 AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD No. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner of the property, has submitted an. application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its March 25, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in r+riVo +hr,,,,,.h~additions are shown in bold) SFCTI(~N 5 Uses -The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail ~•,i+h +I,o o..rcr.+inn „f roc+^, ir^n+c nr 'mil~+r fnn~ 0 0 RTrC17 G v N ~~ v ~ ~ ~~~ -~ ~~ ~qT-~ppQ SECTION 6 The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1, Tha~the~nnl;~,t-~;Te~&r~-a de°r,~-;z°-°~Trl6#-Fe;~-er-G6ye^rru^c-oHpje6~-te~~e~^v`"vv'-R s 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the Platz'I. 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That the applicant and his successors fully complies with the operational provisions and requirements as outlined and addressed in the letter to the Platz'I Bar from Steven J. Calamaris, Town of Vail Environmental Health Coordinator, dated February 5, 2002, as may be amended. 4. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in, front of the Mountain Haus. 5. The applicant, Johannes Faessler, or his authorized agent, shall cause. this agreement which outlines the Town's conditions of approval to be recorded with the Eagle County Clerk & Recorder's office within 30 days of approval on second c 9 reading. Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. NOTE:, All other conditions of approval shall remain unchanged. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining. portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty. imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ~ Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent 10 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 April, 2002 and a public hearing for second reading of this Ordinance set for the 7`h day of May, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7`h day of May, 2002. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk 11 ORDINANCE NO. 15 Series of 2004 AN ORDINANCE AMENDING ORDINANCE NO. 12, SERIES OF 1997, REMOVING A CONDITION OF APPROVAL THAT PROHIBITS THE OPERATION OF RESTAURANTS WITHIN THE SPECIAL DEVELOPMENT DISTRICT (SDD N0. 35 Austria Haus), AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Johannes Faessler, as owner of the property, has submitted an application for a major amendment to Special Development District No. 35; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its June 28, 2004, meeting, and has submitted its recommendation of approval to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the Approved Development Plan for Special Development District No. 35. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 12, Series of 1997, is hereby amended as follows: (deletions are shown in c+riLo +hrni ~nh/additions are shown in bold) SECTION 5 J. Uses -The underlying zoning for Special Development District No. 35 shall be Public Accommodation. The permitted, conditional and accessory uses shall be those listed in Chapter 18.22 of the Municipal Code of the Town of Vail .'.,i+h +hc c.,ner.+i., r, „fro #'+i ~r~+n+ nr c~imil.+r SFC;TInN 6 The developer, agrees with the following conditions, which are a part of the Town's approval ~ Ordinance No. 15, Series 2004 1 of the establishment of Special Development District No. 35: IAE"3tn ~ roc},~~ ~r~+n4 yr vii iiii`~'r fnnrl c~oniin o ~nor~+4inn nn }he 4 ~ ~o~r~.. 1-I ..~ ic. r~rnneh ... ~ .~.....,.,. ~ .. ~ ~ ~ ur-r vvcr.~a~ i 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the easternmost retail tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the eastside ofthe property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the Town's conditions of approval and the following written agreement to be recorded with the Eagle County Clerk 8~ Recorder's office within 30 days of approval on second reading. "The Austria Haus (herein "Property") may not be used for the operation of a restaurant. The term "restaurant" as used herein means an eating establishment which is full service, offering one or more of a complete breakfast menu, lunch menu or dinner menu and which prepares the food offered at the Property in an on-site kitchen. The term "restaurant" as used herein does not include a coffee shop, sandwich shop or similar use which involves any one or mgre of the following; 7) preparation of brewed coffee, tea, and/or ~~ espresso drinks at the Property, 2) use of a microwave oven of the Property, and 3) the sale of any one or more of the following; a) Ordinance No. 15, Series 2004 2 whole ground coffee beans, b) coffee by the cup, c) espresso%otfee/tea-based drinks, d) teas and spices, e) espresso%offee/tea-related equipment, supplies and accessories, fJ seasonal, promotional and branded merchandise, g) assorted food items including, but not limited fo, baked foods, desserts, frozen desserts, salads, sandwiches, juices, candies and novelties, h) books, magazines and newspapers, and i) other non-food related items reasonably associated with the operation of a coffee shop." Additionally, this same language shall be included in all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. NOTE: All other conditions of approval shall remain unchanged. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance;. and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares.that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or Ordinance No. 15, Series 2004 3 ,r proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of July, 2004 and a public hearing for second reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk c Ordinance No. 15, Series 2004 4 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of July, 2004. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series 2004 cJ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 28, 2004 SUBJECT: A request for final review of a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther SU_ The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and Associates, Inc., is requesting a final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of Phase IV of the existing Vail Village Inn and allow. for the construction of the Vail Plaza Hotel. The current proposal amends only Phase IV of the Vail Village Inn Plaza. No amendments are proposed to Phases I-III or V of the Vail Village Inn. Staff believes that the proposal is in general compliance with the nine design criteria, as identified in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Daymer Corporation, represented by Zehren and Associates, Inc., has submitted a development review application to the Town of Vail Community Development. The application is a request for a final review and recommendation of a proposed a major amendment, pursuant to Chapter 9 of the Town of Vail Zoning Regulation, to Special Development District No. 6, Vail Village Inn. The purpose of the major amendment is to amend the approved development plan for the site that was approved by the Vail Town Council on September 4, 2001, pursuant to Ordinance No. 21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase IV of the District. Ordinance No. 21, Series of 2001, prescribes the development standards and adopted an approved development plan for the site, as required by Section 12-9A-6, Development Plan, Vail Town Code. According to the applicant's proposal, the development standards and approved development plan remain largely unchanged with this major amendment application. With the exception of minor revisions and refinements to the architecture of the building, the overall bulk, mass, height, scale, character and layout of the hotel above grade are unchanged. The more significant 1 A complete set of reduced plans has been attached for reference (attachment C). For comparative purposes, the Community Development Department has also completed an analysis comparing the 2004 proposal and the 2001 approval. The purpose of the analysis is to provide a direct comparison of the 2004 proposal and the 2001 approval. A copy of the Vail Plaza Hotel Proposal Comparison has been attached for reference (attachment D). III. BACKGROUND The following is a brief summary of the amendments to Special Development District No. 6 since the original adoption: • In 1976, the Vail Town Council passed Ordinance No. 7, Series 1976, establishing Special Development Districts No. 6, Vail Village Inn, to ensure the unified and coordinated development of a critical site to the Town of Vail, as a whole, and in a , manner suitable for the area in which it is situated. • In 1985, the Vail Town Council passed Ordinance No. 1, Series 1985, providing certain amendments to the approved development plan for Special Development District No. 6. The amendments .included a requirement for a minimum of 175 accommodation units and 72,400 square feet of GRFA devoted entirely to accommodation units in Phase IV. In 1987, the Vail Town Council passed Ordinance No.14, Series 1987, which amended and modified Section 8 relating to the allowed density of the development plan for Special Development District No. 6. This amendment broke Phase IV into two distinct phases; Phase IV and Phase V. This amendment established the . maximum allowable GRFA for the entire District at approximately 120,000 square feet. Furthermore, the amendment reduced the minimum accommodation unit requirement to 148 units and 67,367 square feet of GRFA. In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, amending the density controls of the District. This amendment increased the allowable GRFA to 124,527 square feet and allowed Unit #30 to be created in a commercial space. The amendment maintained the previous approval requiring a minimum 148 accommodation units and 67,367 square feet of GRFA devoted to units in Phases IV and V. • In 1991, the Vail Town Council passed Ordinance No. 9, Series 1991, providing for certain amendments to the approved development plan for Special Development District No. 6, which relates specifically to Phase IV. • In 1992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for modifications and amendments to various sections of Special Development District No. 6 which related directly to Phase IV, and which made certain changes to the approved development plan for Special Development District No. 6 as they relate to Phase IV. 3 In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use development including residential, commercial and recreational uses. According to the approved development plan, the applicant is allowed to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units (38 beds) and 1free-market condominium.. The fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an ordinance repealing Ordinance No. 1, Series of 2000, and enacting Ordinance No. 4, Series of 2000, adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow the construction of the Vail Plaza Hotel. The purpose of Ordinance No. 4 was to allow for one foot of additional building height to permit the construction of housing for 38 employees on the site. In 2001, the Vail Town Council passed Ordinance No. 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. Daymer Corporation submitted a 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. The adoption of Ordinance No. 21 resolved the alleged errors in public notification. Ordinance No. 21 and Ordinance No. 4 were virtually identical in terms of the entitlements granted by each. In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, a royal expiration: time limitations, Special Development District No. 6, Vail Village Inn, to allow for athree-year time limitation on the expiration of the approval of Ordinance No. 21, Series of 2001. In passing Ordinance No. 7, Series of 2003, the Vail Town Council extended the expiration date of the approved development plan for the Vail Plaza Hotel to September 4, 2004. Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the existing hotel and restaurant are proposed to be demolished to allow for the new construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use development including residential, commercial and recreational uses. The applicant is approved to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units (38 beds) and 1free-market condominium. The 4 fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. The approximate total gross square footage of the new hotel is 379,857 square feet. • The following is an approximate square footage breakdown of the various uses approved within the hotel: • 62,816 sq. ft. -fractional fee club units • 5,499 sq. ft. -condominium • 35,818 sq. ft. -accommodation units • 6,332 sq. ft. -employee housing units • ~ 8,375 sq. ft. - restaurant/retail • 15,130 sq. ft. -conference/meeting rooms • 24,817 sq. ft. -spa/health club • 221,070 sq. ft. -common area (mechanical, maid closets, stairs/hallways, parking, office, lobby, etc.) 379,857 sq. ft. gross building square footage On June 14, 2004, the Town of Vail Planning & Environmental Commission held a public hearing to consider an application for a major amendment to Special Development District #6, Vail Plaza Hotel. Upon consideration of the application, the Commission voted unanimously to table the final review of a recommendation to the Town Council until June 28, 2004. In considering the application, the Commission raised the following questions: 1) How many parking spaces are required for all of Special Development District No. 6? (75 space deficit plus existing spaces) 2) How many parking'spaces are required for the Vail Plaza Hotel only? (250 spaces) 3) Can the Developer verify ownership of the parking spaces located within the Special Development District but not within the development area of Phase IV? 4) Demonstrate how the loading delivery facility located in the Vail Plaza Hotel can be physically connected to provide loading and delivery capabilities for the entire Special Development District. The following is a summary of the existing phases and development within the Vail Village Inn Special Development District: ' Phase I -This phase consists of the buildings located at the southeast corner of the District. Phase I includes two residential dwelling unit approximately 6,059 square feet in size and nine commercial/retail spaces. 5 Phase II -This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase II is generally located in the center of the District. Phase III -This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase III is located at the northeast corner of the District. Phase IV -This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase IV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet'of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. IV. APPLICABLE PLANNING DOCUMENTS Zoning Regulations According to the Official Town of Vail Zoning Map, the applicant's property is zoned Public Accommodation. Pursuant to the Town of Vail Municipal Code, the Public Accommodation Zone district is intended, " to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may appropriately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted are intended to function compatibly with the high density lodging character of the District." The Public Accommodation Zone District is intended to provide sites for lodging units with densities not to•exceed 25 dwelling units per acre. The Public Accommodation Zone District, prior to January 21, 1997, did not permit interval ownership. On January 21, 1997, the Town Council adopted regulations allowing interval ownership subject to the issuance of a conditional use permit. Previously, interval ownership was only allowed as a conditional use in the High Density Multi-family Zone District. On October 5, 1999, the Vail Town Council approved Ordinance No. 23, Series of 1999, amending the development standards prescribed in the Public Accommodation Zone 6 District. The amendments included an increase in allowable GRFA up to 150%, an increase in site coverage, the elimination of AU's and FFU's in the calculation of density, revised setback requirements, and other various aspects in the development of properties zoned Public Accommodation. The allowable building height, landscape area and limitation on commercial square footage remained unchanged. V. ZONING ANALYSIS The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and. parking and loading shall be determined by the Town Council as part of the approved development plan, with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Town that outweigh the effects of such deviations. This determination is to be made based upon the evaluation of the proposed Special Development District's compliance with the Review Criteria outlined in the following section of this memorandum. The Community Development Department staff has prepared a zoning analysis for the proposed major amendment. The Vail Plaza Hotel Zoning Analysis compares the development standards permitted in the Public Accommodation Zone District and the 2001 approved amendment to the 2004 major amendment proposal. It is important to note that the comparison is based on the entire area of the Special Development District. A copy of the Vail Plaza Hotel Zoning Analvsis, dated June 14, 2004, has been attached for reference (attachment E). VI. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promofe its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan fora Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. " According to Section 12-9A-2, a major amendment to a Special Development District is defined as, "Any proposal to change uses; increase gross residential floor area; 7 change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-15-4, "Interior Conversions", or 12-15-5, "Gross Residential Floor Area (250 Ordinance)" of this Title." The Town Code provides a framework for the amendment of a Special Development District. According to the Town Code, prior to site preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes requirements regulating development, uses and activity within the Special Development District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section-12-16-6 of the Town Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Town Code and approved by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses, and activities. of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The nine SDD review criteria are listed below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The architectural design; scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the hotel remain largely unchanged as a result of the proposed major amendment. The greatest impact to the building's bulk and mass is a net reduction of over 59,000 square feet of building area. The reduction in square footage is a result of the elimination of surplus parking spaces on the lowest level of the hotel and reductions in the restaurant and retail spaces, conference facilities and spa & 8 health club areas. The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and wood. The roof material is proposed to be a terra cotta colored concrete the with copper flashing. The applicant has proposed to incorporate irrigated flower boxes and copper chimney caps into the design of the hotel to serve as attractive accent elements. A grayish-brown granite stone will be used around the base of the building. The use of non-reflective glazed windows all around the building reduces the potential of unwanted glare. The applicant has proposed that the exterior stucco color be an off-white or cream color to blend in with the exteriors of the buildings on the adjoining properties. Staff believes that the combination of building materials proposed has been well incorporated into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board conceptually reviewed the building's exterior design at a public hearing on June 2"d ,and with the exception of a few minor recommendations regarding window trim, transitions between buildings, and roof top mechanical equipment screening, was supportive of the revised proposal. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of uses includes commercial, lodging, recreational and residential. Staff believes the proposed mixture of uses and its proximity to both Vail Village and Lionshead remains consistent with the intended purpose of the underlying zoning of Public Accommodation and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe that the proposed uses within the Vail Plaza Hotel will compliment those existing uses and activities on surrounding and adjacent properties. The proposed density of the hotel and the presence of the conference facilities will improve and enhance the viability and success of the existing restaurant and retail businesses in the immediate area. The applicant is continuing to provide housing for 38 employees on the hotel site. Overall, staff believes that the density and uses proposed by the applicant for the Vail Plaza Hotel do not conflict with the compatibility, efficiency or workability of the surrounding uses and activities on adjacent properties. In fact, staff continues to feel that the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses and activities in the community. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The Vail Plaza Hotel major amendment proposal has been reviewed for compliance with the parking and loading requirements, as amended and prescribed in Chapter 12-10, of the Vail Town Code. The applicant is proposing to provide a total of 250 parking spaces. Included in the number of spaces that the applicant is proposing to provide is 75 parking spaces which are currently in deficit within the Special Development District. The Vail Plaza Hotel has proposed a centralized loading facility for the hotel and surrounding uses within the special development district. Pursuant to the prescribed loading regulations, five loading berths are required to be provided. To insure compliance with the applicable regulation the applicant is proposing to provide five loading berths within an enclosed facility. Vehicular access to the facility is taken from the South Frontage Road. The design of the access creates forward-in and forward-out traffic flow and provides adequate maneuvering and turning space within the lot lines of the development site. The flow,of traffic on the South Frontage Road will not be impeded 9 by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed regulations, the loading facility will not be located in the required setback, nor will it block access to the parking spaces within the Phase III Condominium Building. Lastly, the five loading berths more than adequately meet the size requirements (12' x 24' x 14') outlined in the regulations. Upon review of the proposed parking and loading/delivery plan for the Vail Plaza Hotel, the staff finds that the proposal may meet the intent of the Town's parking requirements and exceeds the loading and delivery requirements. A final determination of the proposed parking and loading/delivery adequacy can be made by the staff once the applicant has addressed the issues outlined in the memorandum from the Public Works Department, dated June 7, 2004. We believe in the end that given the proposed and existing uses within the district, the proximity of the development site to the Vail Transportation Center, the immediate availability of public transportation and recent trends in destination resort travel, the proposed parking spaces will adequately provide for the needs of District. Additionally, in a recent parking study undertaken by the Town of Vail, the consultant working with the Town recommended a significant reduction in the required number of parking spaces for fractional fee club units. The reduction has been recommended as the use of the club unit is more similar to the use of an accommodation unit. The maximum parking space requirement for an accommodation units is one space, regardless of size. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Vail Land Use Plan (in part) The Vail Land Use Plan map and the goal statements are intended to serve as the primary focus for the review of development proposals, along with Town ordinances and regulations. Any project should be reviewed within the context of the intent of the overall Plan Document. The Land Use Plan is intended to provide a general framework to guide decision making but is not intended to be regulatory in nature. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for a major amendment to an existing special development district. According to the Vail Land Use Plan, the proposed hotel redevelopment site is located within the Vail Village Area. According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area, in part, Commercial growth should be concentrated primarily in existing commercial areas to accommodate both local and visitor needs, and New hotels should continue to be located primarily in the Village and Lionshead areas, and Increased density for commercial, residential and lodging uses in the Core areas would be acceptable so long as the existing character of each area is being preserved. Staff has reviewed the Vail Land Use Plan and believes the following policies are 10 relevant to the review of this proposal: 1. General Growth/Develoament 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgrade whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead are the best location for hotels to serve the future needs of the destination skier. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Villacte Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Pfan. 5. Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with 11 appropriate restrictions The Vail Land Use Plan projects a need for additional lodging units in the Town of Vail. While the statistical information used to project need is most likely outdated, staff believes there continues to be a need for additional lodging units in the Town of Vail. The Plan projected a need for a total of 395 additional lodging units by the year 2000. Staff believes the proposed major amendment of Special Development District No. 6 meets the intent, goals, and policies of the Vail Land Use Plan as outlined above. Vail Villape Master Plan According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the staff, review boards and the Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "If is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that 100% compliance is not required in order for a project to be approved. The staff has identified the following goals, objectives and policies as being relevant to this proposal: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Objective: Implement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide 12 Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- , areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.3 Objective: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 Policv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner' that makes them available for short-term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activities where compatible with existing land uses. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policv: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 13 3.1.1 Policv: Private.development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, fighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. ~, 4.1.4 Policv: Open space improvements, including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking .facilities. 5.1.1 Policv: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the 14 parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. . Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. URBAN DESIGN CONSIDERATIONS (in partl These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. B. VEHICLE PENETRATION To minimize congestion to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. • Staff Response: The redevelopment of the Vail Plaza Hotel will increase vehicular traffic in the Main Vail Roundabout and on Vail Road. As a condition of approval pursuant to Ordinance No. 21, Series of 2001, the applicant is obligated to construct improvements to the South Frontage Road and Vail Road. Due to the net reduction in the various uses on the development staff anticipates a minimal reduction in vehicle trips. The minimal reduction in trips does not alter the traffic improvements required of the developer. Staff feels the applicant has addressed traffic issues to the extent possible. F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. • Staff Response: 15 No changes to the allowable building height are proposed, nor should any be approved. H. SERVICE AND DELIVERY Any building expansion should presence the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. • Staff Response: Through the course of staff's original review of the Vail Plaza Hotel redevelopment proposal, several loading and delivery options were explored. The applicant had originally proposed to provide far fewer berths than what the current approval requires. The current approval requires five berths. The five berths will be able to be utilized by the entire Vail Village lnn Plaza and are connected via a series of elevators and below grade service areas. The service areas are located away from areas of major pedestrian activity. The main service area is adjacent to the South Frontage Road in an enclosed facility. The centralized approach to this facility is unprecedented in Vail. The applicant has redesigned and reconfigured the entry to the loading and delivery area of the building. While there appears to be several advantages to the new design, staff recommends that the developer addresses the 73 issues identified in the memorandum from The Town of Vail Public Works Department, dated June 7, 2004, prior to receiving a final recommendation from the Planning and Environmental Commission for Phis major amendment application. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Hazard maps the Vail Plaza Hotel development site is not located in any geologically sensitive areas or the 100-year floodplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site plan, building design and location, and the open space provisions designed to 16 produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community remain largely unchanged with this major amendment. The most significant changes to the site plan includes the following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design and layout of the outdoor pool area. Vehicular access is now limited to one point of ingress/egress with the resulting necessary vehicular circulation occurring within the property lines. As approved, two curb cut were to be provided on Vail; one for ingress to the porte cochere and underground parking structure and a second for exiting the property. Overall, staff believes that the proposed major amendment complies with the criteria as outlined above. G. A circulation system designed for both vehicles and pedestrians addressing on and ofF-site traffic circulation. The redesigned on-site/off-site vehicular and pedestrian circulation system design has been discussed in great detail. The Board and Commission centered their discussions on providing adequate pedestrian and vehicular access to & from and within the development site. In response to the concerns, the applicant has redesigned many areas of the plan. The pedestrian areas include the pedestrian connection through the hotel to the Gateway Building, the alleyway spaces between the hotel and Phases III & V, the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the new bus stop on East Meadow Drive. The vehicular areas included providing adequate turning and maneuvering area at the porte cochere, the entrance only and exit only driveway locations on Vail Road and the entering and exiting design of the loading/ delivery facility. Pursuant to the submittal requirements for the previous major amendment request, the applicant was required to submit a Traffic Report. A Traffic Report was prepared by the traffic consulting firm of Felsburg, Holt & Ullevig. The purpose of the report was to evaluate the impacts of the hotel development and the proposed traffic pattern circulation on the Town's street system. This report was used by staff to analyze traffic impacts of this project. In summary the transportation engineers found that the proposed vehicular circulation system is reasonable and appropriate. It is believed that through minor mitigation measures such as signage and an "enter only/exit only" design the traffic impacts and safety concerns of the Town can be resolved. Overall, staff believes that with several minor changes and revisions to the plans, the proposal meets the criteria of providing adequate on-site and off-site vehicular and pedestrian circulation systems. Again, however, staff recommends that the developer addresses the 13 issues identified in the memorandum from The Town of Vail Public Works Department, dated June 7, 2004, prior to receiving a final recommendation from the Planning and Environmental Commission for this major amendment application. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Since the adoption of the approved development plan the applicant has submitted a final landscape plan to the Town of Vail Community Development Department for review and 17 approval of the plan by the Design Review Board Staff believes that the landscape improvements proposed will be beneficial to the quality of the landscaping in both the public and private spaces in the vicinity of the hotel. Through the implementation of the Town of Vail Streetscape Master Plan, a portion of East Meadow Drive will. be enhanced aesthetically. The improvements wilt include new heated brick paver walkways, the completion of the bus stop, updated streetscape lighting, and wider pedestrian walkways and stairs. The landscape elements of the proposal have been reviewed on a conceptual basis by the Town of Vail Design Review Board. Upon review of the proposal the Board has voiced a favorable response to the applicant. A final landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. The design of the plaza area south of the hotel is consistent the previous direction and intent of the overall development of the District. The creation of the plaza, with the associated pool area, landscaping, outdoor cafe, pedestrian walkways and retail store fronts complies with the guidelines of the Open Space Plan, an element of the Vail Village Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior to the development is intended to be a public plaza with greenspace opportunities. Staff believes that based upon the sun/shade analysis prepared by the applicant, the plaza area will receive adequate amounts of sun light throughout the year. The access to sun light will insure a pleasant, useable plaza area in the Town. The proposed pool and hot tub deck area .is intended to address the recreational needs of the District. The use of these recreational amenities will be made available to the owners of property within the District. The new pool will replace the existing pool on the Phase IV development site and will insure consistency with the general direction of the Open space Plan. Overall, staff believes that the proposal complies with this criteria I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. In accordance with Ordinance No. 21, Series of 2001, Section 5, in part, ...the phasing of fhe construction of the hotel sha// not be permitted. ", the applicant is not requesting approval to phase the construction project. A construction staging plan will be required at the time of building permit issuance. The plan will be reviewed to maximize the workable and functional relationship between the redevelopment of the hotel and the existing uses, structures and traffic systems in the vicinity of the development site. The goal of the plan will be maximize the efficiency of the construction process and to minimize the negative impacts inherent to major construction projects. VII. OUTSTANDING ISSUES On June 14, 2004, staff identified a number of outstanding issues that needed to be addressed by the applicant. Staff was recommending that each of the issues identified in this section of the memorandum be addressed by the applicant prior to the Planning and Environmental Commission forwarding a recommendation to the Vail Town Council on the proposed major amendment. Included in the list of issues were several of the 18. existing conditions of approval, as outlined in Section 5, Ordinance No. 21, Series of 2001. Since June 14~' the applicant has addressed a number of the outstanding issues to the satisfaction of the staff. Those issues are identified in italics below. • 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. • That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of an access permit. • That the Developer submits a final exterior building materials list, a typical wall sections, architectural details and a complete color rendering for review and approval of the Design Review Board. • That the Developer submits aroof--top mechanical equipment plan for review and approval of the Design Review Board. All roof-top mechanical equipment shall be inco-porated into the overall design of the hotel and enclosed and screened from public view. • That the Developer studies and redesigns the entrance on the north side of the hotel across from the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. The final design shall be reviewed and approved by the Design Review Board. • That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight elevator access fo the lowest level of the parking structure. The revised plans shall be submitted to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit. • That the Developer redesigns the proposed elevator tower to create an architectural feature atop the tower and revises the proposed building elevations and roof plan, prior to final review of the proposal by the Design Review Board. The Board shall review and approve the revised design. • 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. • That the Developer addresses the issues identified by the Community Development Department as red-lined revisions on the proposed major amendment application submittal plans. VIII. STAFF RECOMMENDATION The Community Development Department is recommending that the Planning and Environmental Commission forwards a recommendation of approval of the request for a major amendment to Special Development District #6 to allow for redevelopment of Phase IV of the Vail Village Inn to the Vail Town Counci. Staff's recommendation is based upon the review of the criteria outlined in Sections V & VI of this memorandum 19 and the completed list of outstanding issues outlined in Section VII of this memorandum. Staff believes that the proposal is in general compliance with the nine design criteria, as identified in this memorandum. In reviewing the proposal, staff identified a number of pros and cons that we believe are associated with the amended hotel proposal. The list includes, but is-not limited to, the following: PROS • The presence of economic redevelopment in Vail. • An increase to the town's supply of hotel beds and an increased level of quality. • The implementation of the Town's development goals, objectives, and policies. • The creation of new, deed restricted employee housing to offset the housing impacts associated with the hotel. • The elimination of an unsightly surface parking lot. • The completion of the final phase of the Vail Village Inn Special Development District. • The construction of new conference and meeting room facilities within the Town. • The construction of public improvements funded with private dollars. • The potential increases in sales tax revenue. • An increased amount of public open space. • An improved and updated loading/delivery facility which is relocated from Vail Road. • The provision of 18 on-site employee housing units. CONS • Increased vehicular traffic on Vail Road. • Deviations-from the underlying zoning development standards are required. • The bulk and mass of the new hotel is significantly greater than the sizes of buildings presently on the development site. • There are increased impacts of shading on public areas. • The conference and meeting room facilities are potentially under-sized. • Additional views of Vail Mountain from public areas will be negatively impacted. • Only a portion of the dilapidated plaza paver surface is being replaced and improved. • Increased loading/delivery truck traffic on Town streets. • There is only a marginal net increase of true accommodation units over what exists today. • An eighteen to twenty-four month construction process (noise, construction traffic, etc). Should the Planning & Environmental Commission choose to forward a recommendation of approval of the requested major amendment to the Vail Town Council, staff would recommend that the Commission make the following finding: "That the proposed major amendment to Special Development District #6, Vail Village Inn, complies with the nine design criteria outlined in Section 72-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more 20 of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. Further, the Commission finds that the requested conditional use permit to allow for the operation of a fractional fee club complies with the applicable criteria and is consistent with the development goals and objectives of the Town. Lastly, public notice of this public hearing has been sent to adjacent property owners and published in a local newspaper of record in accordance with Section 12-3-6C of the Town Code. " Should the Planning 8 Environmental Commission choose to recommend approval of. the requested major amendment, staff would recommend that the approval carry with it the following conditions: That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be 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 Village loading/delivery system. The use of the 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. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road 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. 3. The sdd approval time requirements and limitations of Section 12-9A-12 shall continue to apply to Ordinance No. 7, Series of 2003 (September 4, 2004). 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; c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 5. That the Developer records public pedestrian easements between the hotel and the Phase III Condominiums, between the hotel and the Phase V Building, and along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records adeed-restriction, which the Town is a party to, on the 21 Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. . 11. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct alert-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his. memorandum to George Ruther, dated 12/13/99. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. Submit revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. IX. ATTACHMENTS Attachment A -Vicinity map illustrating the location of the proposed amendment. Attachment B - Summary of the proposed amendments to the plans from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004. Attachment C - A complete set of reduced plans. Attachment D - A copy of the Vail Plaza Hotel Proposal Comparison dated June 14, 2004. 22 Attachment E - A copy of the Vail Plaza Hotel Zoning Analysis, dated June 14, 2004. Attachment F -Letters from Public Works dated June, 7 2004, and December 13, 1999. 23 h ~ r r i~."'` ~ i~, ~i~.rr--~1~~~-~. r-~,._...-.~'s 1..'l:_' Y r _ _ 1 .i ~ -~ '~ ~,-~ ~ks-,~Z 4~7y ...+.~Y ~ i' 1 k • 1 l._ ~ ~M. ,.y f ~' t'L ~~ 011 r ~J;-. 1, :.v'°~ ~t-,,;:,; t~ Vr-;, 7" -~. .~ r+'~r~~ /1._i y ~' ~-^` :., 5/ ~°J it i r , J Sr , ,r r ~ lr 1. ~ ~ ~~ ~ ,~ .~ ~ ~ , J t l t ~ ~ ~ ~ r° Nt : x `: ~ <.. J ~ t ~' }h ° ? ` ~~~ ~' ~ T ~ m, ,1 Attachment: A i~ 1 C ~" T ~ i; ~~~ ty +~~ ~ .l 3`s,~; _ t lit -.-. 4 s n ft} k ~`?~ sr ~' ' ~ - 1 y *' f f p r.. yf-~ f r 4 r r ~ ~. 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The Town of Vall dose not wanent the eccurery of tha Informeeon conlalnad hareln. Attachment: B Z E H R E N AND ASSOCIATES, INC. May 6, 2004 Mr. George Ruher Senior Special Projects Planner Town of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Re: Vail Plaza Hotel Minor Amendment to Special Development District George: Below is a summary of the proposed amendments to the Vail Plaza Hotel Special Development District as adopted in Ordinance 21, Series of 2001 dated September 4, 2001. In summary, through design and engineering of specific below grade and back of house areas of the project, we have reduced the overall area of the project by approximately 59,000 square feet while maintaining the exterior, above grade, residential portions of the project essentially as they were approved in 2001. We have accomplished this through the design and coordination of the required service, mechanical, and "back of house spaces" as well as reducing the size of the spa, health club, pool, the bar and restaurant outlets, the size of the conference facilities. The overall number of parking spaces required has also been reduced through a reduction in the areas that require parking as well as through the application of Schedule A of section 12.10.10 of the town's zoning ordinance. In addition, with further engineering, the alignment of roadways and access points has been re- aligned to reduce the number of access points and keeping the access points and required easements as they exist today. A floor-by-floor analysis is as follows: Survey The survey has been updated indicating adjacent areas impacted by the redevelopment of the project. The datum has increased by approximately 5'-0" from the previous survey to match the East Meadow Streetscape improvements. Site Vignettes These sheets have been replaced with a landscape plan. Level 127 (Level -3) This level has been relocated to level 138. Level 138 (Level -2) This level has been eliminated in its entirety. Level -3 (parking) has been relocated to this level. Level 149 (Level -1) The ballroom size has been decreased in size. The breakout space has been decreased in size and relocated from level-2. All spa and health club functions have been removed from this level. ARCHITECTURE PLANNING INTERIORS • LSNDSCAPE ARCHITECTURE I?O. Box 1976 • Avon, Colorado 81620 (970) 949-02:17 F~~,X (970) 949-1080 e-mail: vailofic@zehren.com • www.zehren.com Vail Plaza Hotel Zehren and Associates, Inc. 20041590.00 5/6/2004 Parking spaces have no change. Level 160 (Leve10) Spa and health club areas have been reduced in area or relocated from this level. Laundry, housekeeping and personnel areas have been relocated to this floor. Retail has been slightly increased on this level. The guest entry has been re-aligned to the center of the porte-cochere. Level 170 (Level 1) The Lounge was reduced by 315 square feet. The Specialty Restaurant was reduced by 880 square feet. The Main Restaurant was reduced by 172 square feet. The outdoor pool deck was relocated to the plaza level from two levels below. A reduced exercise (health club) area was relocated to the retaiUstair area. The main conference stair was relocated to the restaurant lobby area. The service entry has been re-aligned to its existing entry point. Level 180 (Level 1.5) The addition of one accommodation unit. Level 190 (Leve12) No significant change. Leve1200 (Level 3) No significant change. The loss of one key or lock-off from a fractional fee unit. Leve1210 (Leve14) No significant change. Leve1220 (Leve15) No significant change. The loss of two keys or lock-offs from fractional fee units. Leve1230 (I..evel 6) No significant change. The upper level dwelling unit has been slightly reduced in area. Roof Plan No significant change. Street Sections No significant change. Plaza Sections No significant change. Building A Elevations No significant change. The Pool Area is relocated up two levels. Building A Sections No significant change. Building B Elevations No significant change. The Pool Area is relocated up two levels. Building B Sections No significant change. Building Height Plan 1 No significant change. Datum increased by 5'-0" to match survey. 2 Vail Plaza Hotel 20041590.00 Building Height Plan 2 No significant change. Pool Study Sheet deleted. Vail Road Setback Study No significant change. Loading and Delivery No significant change in bay location. Plan Entry point has been revised. Sheet deleted. Street Entry Study Entry points have been revised. Sheet deleted. Sun Study No significant change. Zehren and Associates, Inc. 5/6/2004 Landscape These sheets have been replaced with a landscape plan. Improvements Plan Off-Site Improvements No significant change. Plan Updated East Meadow Streetscape. Crossroads sidewalk delegated to Crossroads redevelopment. Also enclosed is a program summary for comparison to the 2001 approved summary. Please do not hesitate to contact me with any questions or concerns concerning the submittal. Sincerely, Tim Losa Project Manager Zehren and Associates, Inc. 3 Attachment: C -~ ___________~ ' T b 6wo.9` I ~ l ns x ~ _ _~_- wo ~ ~ i ewe 3 - ~ ~ ~ -- 1' I 11 I - I i ____ 1 ' I I I II 1 `- --------' ------- `---- 11 anoi ~ ~ m m ® J. 1 ' _ I el6e.c 1 II l I I I I 1 I ,I x E ~ r ~ - ~ - I I f I I •~ 1 , I I I I I e,6B• ~ ________ _ I I ~6 6~ ~ ~ a ~ Building B I i-' j ~~ I I I I ~ ~ ' LI168 I i aR .6 ~ J I B 169.e __- ____ I ~ s,e. 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Vail, Colorado Scale:l°=16'-0" n+.y e, zoa -- r------ i ~' _ _ °d 0° °6 0° 1 ~ ._ H18 H79 ZO H: 1I ~ i - i i O >~ L F '~ i 1 H25 i ' ~ HI7 ~1 = Building A H28 RL '1 i H30 H31 I i i ~~ o _ ,'1 _ - E ' < i ~ H33 H3~ i 1~~-- '-----~ 0O~o , 0 O - ~-- /, ~ / IIr/ ~ I i i i i L~_____ Z E H R E N ~~ ~ ~ ~ ~ ~~~ ~ ®~~ ~ , - 190-Leve 9 Two ANN mD ASSOCIATES„ I~'C. rn";°`,`°';a ,';; Vail, Colorado Scale:l"=16'-0" May 6, 2004 ~ i i - ~~_ ~ 1 °n - elisp = ~ zl pal I I~ ~ ~ ' eln? ~I I II I \ ! I` ~ I 617 it xeno? Itmee9 i II I I I I I elee• I I I I "al< 168 I I 1 1 NN I' 11 elm ~ p18fi.) 1 1 ~5 I 1 1 ` ~p165 ~ I I I 666 1 I I "9 " e ~ I 1 1 1 I.' III ~ . 1 ete I I II II 1~~ elei ~rA ero x 1 I I Y 8`64 III Y I N I I ` 1 , e,e~e ~r I ,YA,61> I IIY ' II 1 I I 5 e161~5 , I 8j6~ T 1 ~ III ~1Yy,w~~ eld~l.y~ I 1 1 11 11 I11 1 _ etee9 II II 1 II 1~ II 91~ AND ASSOC~~7F5, IN,~C. Z E H R E N ~~~ ~ ~~~~~ ~®~~~ ,- 180-Level 1.5 ,:m""°" ~'~'; " Vail, Colorado Scale: 1"=16'-0" May 6, 20P1 \\ I I ~ - i-- --- -9~--- ~i i ~ ~ ® ~------- 1 ~ i ~ ~ ~ '. 1i I Loading Dock --------~ li ~ ~ 1 1j i = Receiving r ~ ~ ,. ~~ !, i ~ - ~.. ~ -------- a ', i i . KI[c °' I i 1 i ' ~ I `--------i I i 'I ~ ~ ---- R s~taurlant ~ _~, ~. 1 ~ ^ 5 1 ~ 1 i - 1 ~ Q 1 ~~ - - _ - - ~ m glow • Restaurant 0 1 ~ 11 --- - - --- - --- - - --- 1 , ' 1 ~ ' ~'p~ .o-r [7 - 1 ~ HU HU2 EHU 4 EH i ~ ® ~ p Q ~ ~ 1 --- ~ 1 "' "' ~~ ~---- ~ ~ ~ -- - I i 1 0~eo m m - ~ ~ ~ ' ~ i ~~~ ~ Poo O ~ ~ ~D ~ ti ~ ~ b i i _ ~ Open to N 4uRe m apea+o i i Below ~' &IO1N / e 1 i - -~ _ i v _ 1 I li ~ i ^ ^ I- ~ i ~ ~ ~ ~ aelow i _ ^m ~ ~ i ii EH H ^ 1 ~ I 1 i ` ~ I •\ 11 ~ 1, I Z E H R E N V ~tl ~ ~Q~lz~ If 1I®~~~ - 17®-Level ®ne ^;~ f ~;m Vail, Colorado Scale: 1 "=16'-0" .. ~ May 6, 2004 ,\ ~ i ~ , I li i 1 li i '~ ~ 1 ., ,, I „ I 1, 1 - 1 V II 1 v I I I 1 ~ I I 1 I I I I 1 I ~ ~ 1~ 1 1 1' 1 1 1 11 I 1 1 1 - 1 ~ 1 ', ' 1' 1 1 ,' 1 ~ 1 1 1 1 1 1 1 ' 1 II 1 ~ ~\ 1 1 I ~ I Vail I Rgad I 1 I 1 1 I 1 I ad 1 I m 1 I ~~. 1 1 I ~ 1 I pE~ FREE -v ®/~ 9 ~ ~ ~ ~~~ ~ ®~~ 8 i 160-Level Zero ,a~ ~:~°`~~~~~ Vail, Colorado Scale: 1"=16'-0" May fi, 2004 I - -~ _._____J ~___ 11 1 ___.__J ` ~.._-1 i ~' I `, ~l ~. ^\ \V 1 ~` ~' ^\1 .~ Z E H R E N ~~~ ~ ~~~~~ ~®~~I ,- 149-Leven liilinus One ~ mN DS mSOCIA ~, INCA. Vail, Colorado Scale:l"=16'-0" ~P~Orfim n++y s, Boa i ------------- ~ --- ------------------------ ---- I ~ I I F-5l F-69 F V•I v-30 F•Bt I ~ -9B F-l0 v-] v-]9 F-D! I I I I I I + ] 1] F-59 F-ll V-3 V-16 F-~ ~_ I I I I - I ~ ` 1 11 F-60 F•1] V-4 V-7l F- Bl ' I ' i I I I I I~ Iagl F ~ F'B'I Parking F-l3 -b] F-l4 V-5 -i V-]i -75 F-BB ~ ~ I I I' IgI1 I F-i3 F-l5 F-64 F 1 V-1 V-]t F-B] I I - i ~ I' - I I - 6 F-iS F-ll v-D v-9 V-73 v-77 F-90 F-91 ~ t ~ ~ I I ~ j I I F-bb F-lB y-10 v-]I F-9] I I I I 1 ~ ~ F-bl F-l] V-II V•I0 F-93 I I I I ~ L------ _____ I ~ ________ ______ __________..J F-bp F-Bm V-I] V-h Parking F-]t 1 I ~ A-I F-BI V-13 v-M F-95 I ~ I __~-___~-_~~-___~__J / 1 1 A.] I I I I I ___ II 1 ~ ~I~ -- F•03 V-IS v-K F-9l I ~ I I 1 ~ ` \\\ ~ I V-31 1 V-3] L_____1____ \ 1 V-33 I _1_____J F ~ I 1 1 C-5 C-6 C-l F•4] F-t3 F•4! F-l5 F-46 F•tl F-M F-49 F-50 ` d~51 \ \ •SZ F-53 __ \\ `\\ 1 ~__ _T____ 3t I I T_____~ F-]] 1 I I I , ;~ \\ i I V- I V-36 I V-3l 00 I F-11 / % I _ F.Ib / _ Parking ' __- _ ~ ~_______ '/ ______ _________________ ______J r___l F-It F-30 F-31 F-3] F-33 F-3t F-35 F-36 F-3l F-3B F-3] F-t0 F-41 F-9t F-55 F-56 /, 1 F-R F•IB F-q F-]0 F-71 F•]] F-]3 F-74 F•]5 F-76 F•]l F-]B F•]9 ~, / ' F-11 - ~ ' ' L-, I 11 F''m F! `.\ Parking -- ~, \ v ~' r `- . C-t C-3 L-] " F-B 1 F l F-b F-5 P•t F•3 F 7 F-I 1~'I 1 ' G \\~ ~ ~ ' ^ ~ ~ ~ ~~/J~1 ~ ~ \ \ ` • I - (' \ ( \ ~ 1 ' ~ \ \ \ \\ \ \\ \ ~__`__-~--~__~__J \\\ \ \\\ \ \ \\I \ ~ Z E H R E N AND ASSOCIAwES, I ~C. ~~~ ~ ~~~~~ ~--~®~~~ -138- i Level Minus Two N, ~",;"°";°,;,;°~„; Vail, Colorado Scale:l"=16'-0" May 6, ]004 $~a•--- ------ -- _ -- ~ r•~~ --~esy- __ __ $C9.~-__ __ _ ~ _____~ ~Ca -- -_ _._ _._- ~ , Glul~ ~ m ~ - ___~lwl d - ~~. p.~-__ __ ____ $~ ___ _ ___ __ _ _ __ _ _ _____ _ - ___~y9~ ~__ _ - - - - _ - _ __ ____ ~ d D Holal ~ ~ymo..-__ __ - • _ - _ ~• ~.- ~ •~ --c -.yyy ~, HCS.-___ _____ - _ _ _ _ _ ._s$ $moT_ _ _ _ _ _ ________ ~fy _ .___,r_______ Ica.- _ , _ • ________„~yyd . _ o0 oao oo _ oa __ __ ~. ~..._...------'-'(I- ------------- ---- ~~ _________________ Parking I I II .____ L ~ ~ - -- ------- -------- -- _ _____... ____ _ _______ ..______.. --. ---------mod __________.______. U ;~- Perki . -- -- ------------------ --- ------------ - -_----------- ----- JI1I-- ---- ______________"7r Parking ITfIr fnI 1II I ~nJ _ - - ----------- - ------------- - --- - - ----- ----------- - - ,f _ ~d ,,,JJJj, ... _ ._ $G6.----....i...w-:.:..~:.....A ................ ................A................A.................J1~.... _ ;~ ....~- z'Siy~ I. $m~~- ~ ,~ ,; Parking II ______________„_'alA - North Elevation East Elevation I i if }U' I Y " i ___ $C4,-_____ _ .~ ___ -- _-- '~C6T-_____ _ _ _ _ ~-- _ ~0C36~-_____ ~ - _ _ _ • ° ~ m ,. • _ ; _ _ __~:4fA .~Ca~______ $C9s-_ ___ - v ._. _ _ _ ____ 'yyd ____- $IC6 ~ m ~ mar-- .. a _ _ __ __ ~ W - - ~ __ __ - - - -rnssg $~K~----- ------- _ . W - . ;~ - --~»% , >=s~=---f-=--- --- --- ---- _. ___.. __..___-_-- -- __. .. Ir-- .__--- -'- .... .°---9- .._ T Parkin ~ im. r. .-- _ - _ - +~ -- _ ___ ____ ______ _____ ____ ~ ~ C _ erking F' 1~ __ ________________ ________ ._~I ~r T ~~ Parking II ' _ _ _ ______ _____ ... .. _. .. .' __ __. ' ___ ____ _ _~ 9d $ II ii Perking __. _ _. West Elevation South Elevation Z E H R E N AND ASSOCIATES, INC. a/ ~I~ ~ ~~~1~~ ~ 1®t~~ BUI~C~Itlg ~ E~eV~tIOf1S oaw~r~w~m.~a~rmM ',aam.nmv ..,,,.„,,, Vail Colorado , Scale•1"=76-0" May 6, 2004 $L3~..-_____ _ --- 6aac~- - _ - - --~~s~ dam;- - ~ o ~~ - ~a4 r--------------------------------------------------TI " II p=== ~~------------- ~ ------------~- 'r--------------------------------------------------i; - I I l,C_11 _ ~ i- `_~ North Elevation Atrium -~ e~zr-- - - 01en. -i~- ~-' f<-- $C4..-- -l ~. West Elevation Atri u m ZEHREN AND ASSMATES, IM1~C. ~~~wa uouoo nm - ~ cv9~ 11 ~~~ R~+- -..clpl~' s.~ 0cc~ t Elevation Atrium ~~~ ~~ 1 l . 4~-~- - ~, 9t - - - - -~~:0 4'>v^ - - - - - - -~c:0 ~~ ~~ ~ ~ bra' - - ~ -- - ~ '~ ~' ' r - - - ~• "~ jl ~5A i~'° r----TIII---- -IIIr ~ ~_ ~ ,~ IInnII1I1I- -- - J Jf ~ I~ - - 1 -"=10 ~`-- II IL_~11~_ JL ti. u I r---- --------- ----- 1L ___ --_ - -- -- ~--II - ~.~ ~- ~ ~~~ - ~~~3 - V~o B ~I~za ~®~e~ Vail, Colorado May 6, 3004 South Elevation Atrium ~,FQ '9'^IN ~4~ - --~_:d - =_:a - - -~_.< - - --.`'any - --._ .5 n u_,... y "~" ii 1 _~..-_~J-.:.:26 Building A Sections Scale: 1 "=16'-0" ----~ - - -~~ - - - --=~ - - --~:.~ - - - -~tis6 Qrs..-- _ - . . Qcb~-- Ql~a_- - Q~~.- - 0~__ - Qlca.- - 0C... - - QL^G.-- - II ~ 1~1 1~~ II I North Elevation Courtyard ZEHR'EN AND ASSOCIATES, INC. ~;~ i"T~ ~~ --,==ate -,c~-~ ~~.. $.'=~.- 4~s..- - - 11 ~~~ - ~ ¢~60 - - JL_____ II II I - --~=~ - -.=-.~ -._x•,b -~R.B -r.'O%- __ -c'4 9 $'~"~. __ __ _ A__ _________-_`V..9. ,.~ _. 8r. ~~ - _ _ __ _... - . - _ - __~~¢- °.~ '~' '~' ~ ~~ ~ .~„ ~ - - - - - ~-sm 8.:=c. - --- --- - - - - --~~csO 'ffi' ~' • '~' '~' Spa. -+-- ~.a IrT--- ------------ ~ Oes~ lu- ------ _ _ --- ~ T__ - _ . _. _ - -~ SP.~ OICbs '-'1~_~ ____~_ ~t f_T___T____-.___f-lr- ~"fOSO II 1 .v ~ 1 ~Tj 1 ~ 11 II Q lCbg -!L_J_ - _ _ - . _ _ __ - _ 1__1__'__ ~-r.~~~ - ._`090 ' -~~.. _,t~~ ..~ - __ -T-~r___ '~~ 1 ~x7 uYl ~ ~ 1 111 ~ 11 ~C6., -.L... y_.i_~~_._v.L . ~_____________________________________________~I - - - -.--'SSN. II ~ II I' II - _ _ - _ _ - cQlO '~' "~°' ,_.. ~ ~- - - __~ -~F- -- .. -«4 West Elevation Courtyard \/~u ~ ~~~za ~®~el Vail, Colorado May 6, ]004 ....R South Elevation Courtyard Building B Sections Scale: 1 "=16'-0" . _. - __ _._T.0_ East Elevation Courtyard --- _~ ~~~_- - - - - - - --___ap - - - - - - ,~_~ n ~ I - - -~~~ nn - -- ~ 1 JCL, - - casS$ /~ 'I. • yleba- - -~49~ ¢L~~. - r--r------------- - -~-ss0 1 I 1 Parkin /Service _ l_r _ _ _ _ _ _ 9 I _ _ R___~__,_________________________________________________n u I I Ste ff Lockers/Leundr 9 C6.-u--J~L~__-~_____ y______________IL - ~vSv ___.r__.~_________________________ II I I ________________________11 " II I I Boiler Room/E laclricel StOrege 11 ~IC6,.-~-_~ _ ~~_____-___________~_____-_u_- ~vJ~ 11 I I Perking II n ACa.a-~--f--~-----------------------" - - - - ~rs0 North Elevation ---I--------- -== -- - - =-=a ~ ~t - - - __ - - - _- __ -ll -01- - - ~ _ - - X70 ~ • a ~-v' • _ -.`rid I •--F-Prlvale Dlnln o Maln Gltchgn/ Ser•/Ice I 6~v L_1_~_______._~_____~~____J - . _`~ ~_ uoucgkee In I ~L~&a - _____________ ____.--_-________J_ - _ -...~1y- Ball Room Kitchen/ Slor. Elev. / Elev Lobby I I Parking Elev. /Elev. Lobb ~ East Elevation fR ~ • - -- ----------' ---~_araa s _ _ _ ~~ - . _ . - - - ~~~ cam- ~~ - '1 - ~ _ -.._ _...___._. - ~ _ - _ -cri N. ~~.~~- - - - - Club • .~. _-__ _ ' ~.. dCif..- - Nolel ~.-S~ ~ rl _ _ .=`W~lb _ - ACS=- _ Hotel ,,.~, ®- - Il a f 't '1" I _ __s0 $CS-~ - -> ~- o-~-~ - ^ in _[- i a _~ln J a~ _ ~=moo ACA-c-- - - r - - - - - _ _ - - - - - - ~ - . Employee H using ~ ~ ~~ ~nl _ _ (1 .`• '9S A' - - Raldil LJ ~ ~ ~ ~ ~ ~ _~ ~T . ~ ~ -~ __- _aSY~ 9 C6a ~ ~ 1_ 1 _JL ~ __ _- _ ~ -1_~ ~~ J . __ __ ___ __1 _-_ ~L ___ ~ Aiwa- - - - - - - - - - I - - - - - - - t_` II Parking ~ -zr ; ;~ ; ~ i lJ III LmJ 1 ~'1 IlmJl ~ ~-w.~-' ___ ____ _ Y Air cr- - - - - - - - - - - - - - - - - - - - 1 - - _ - - 1 __________ ~' -Perking `~_-_~___ _1_____ _________--~-yS~ ~ ___- _ I II I- ~rH ~' -_____________ ~ ~I _I A.~ __ ______________________________~ _--_~_-_-_ ___ - ._. ___ 1 J West Elevation __________________ ___ South Elevation ZEHREN "~° ASSOCI^~5, IN°. ®~~~~ \/ ~~~~~ ~®~~~ B u i l d i n B E levati ons m nm,.~n "'' ~ Vail; Colorado g Scale: t "=16'-0" iwy e, zolx Vail Plaza Hotel Proposal Comparison ~ Attachment: D June 14, 2004 Development Standard Approved 2001 SDD Major Amendment proposed 2004 SDD Major Amendment Net Chan e Lot Area: 150 282 s . ft. 150 282 s . ft. No Chan e GRFA: 122% or 183,851 sq. ft.' 125% or 188,795 sq. ft.' + 4,944 sq. ft. Dwelling Units er acre: 13.3 du/acre or 46 units 13.33 du/acre or 46 units No Chan e Site Covera e: 61% or 92 036 s . ft. 61% or 92 036 s . ft. No Chan e Setbacks: front: 16' 16' No Chan e sides: 5' 2' 8 0' 5' 2' 8 0' No Chan e rear: 5' 5' No Chan e Hei ht: 77.25' sloping 99.75' tower 77.25' sloping 99.75' tower No Chan e Parkin 287 parking spaces (249 new parking spaces) 38 existin Phase III 249 parking spaces (211 new parking spaces) 38 existin Phase III - 38 parking spaces Loadin 5 berths 5 berths No Chan e Commercial s . foots e: 24% of GRFA or 44,528 s . ft." 21% of GRFA or 39,726 s . ft." - 4,802 sq. ft. Conference S ace: 15,130 s . ft. 12,821 s . ft. -2,309 s . ft. Common Areas: 221,070 s . ft. 178,008 s : ft. - 43,062 s . ft. Total Gross Floor Area: 379,857 sq. ft. 319,237 sq. ft. - 60,620 sq. ft. Notes: Includes GRFA added (2,132 sq. ft.) for Alpenrose amendment in June 2003 " Reflects 700 sq. ft. of restaurant area removed with Alpenrose amendment in June 2003 and 4,500 sq. ft. in Craig's Market being demolished. Vail Plaza Hotel Zoning Anal rLsis June 14, 2004 Lot Size: 1.467 acres or 63,902.5 sq. ft. (Phase IV and IV-A only) 3.45 acres or 150,282 sq. ft. (All Phases) Attachment: E Development Standard Underlying Zoning Public Accommodation Existing Vail Village Inn Approved 2001 SDD Major Amendment Proposed 2004 SDD Major Amendment Lot Area: 10 000 s . ft. min. 150 282 s . ft. 150 282 s . ft. 150 282 s . ft. GRFA: u to 150% or 225 423 s . ft. 84% or 126,659 sq. ft.' (90,021 sq. ft. to remain on site) 36 638 s . ft. to be demolished 122% or 183,851 sq. ft.` 125% or 188,795 sq. ft.' Dwelling Units er acre: 25 dulacre or 86 units AU/FFUIEHU unlimited 13.3 du/acre or 46 units 13.3 du/acre or 46 units ' 13.33 du/acre or 46 units Site Covera e: 65% or 97,683 s . ft. 37% or 56 188 s . ft. 61 % or 92 036 s . ft. 61 % or 92 036 s . ft. Setbacks: front: 20' N/A 16' 16' sides: 20' N/A 5' 2' 8 0' 5' 2' & 0' rear: 20' N/A 5' S' Hei ht: 48' slo in 68' slo in Phase III 77.25' sloping 99.75' tower 77.25' sloping 99.75' tower Parkin er TOV Code Section (373 required at build-out er Ord. 287 parking spaces (249 new parking spaces) 38 existin Phase III 249 parking spaces (211 new parking spaces) 38 existin Phase III Loadin er TOV Code Section 3 berths 5 berths 5 berths Commercial sq. footage: 10% of allowable GRFA or 22,542 sq. ft. 30% of GRFA or 38,261 sq. ft." 24% of GRFA or 44,528 sq. ft." 21 % of GRFA or 39,726 sq. ft." Notes: ' Includes GRFA added (2,132 sq. ft.) for Alpenrose amendment in June 2003 " Reflects 700 sq. ft. of restaurant area removed with Alpenrose amendment in June 2003 and 4,500 sq. ft. in Craig's Market being demolished. TOWN OF YAIL Attachment: F Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 www vailgou com From: Chad Salli Date: June 7, 2004 Subject: Vail Plaza Hotel After reviewing the submitted plans for the Vail Plaza Hotel site, Public Works comments are as follows: 1. Double check survey information to make sure they are all on the same datum 2. Provide centerline profile of all access points 3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident history) exists in maintaining this access as full movement with the close proximately to the main Vail roundabout, right in/right out only movement may be required, landscaped median required, 6' heated brick paver walk with curb & gutter required from Vail Rd to east side of building to the east (Village Inn Plaza), 6' concrete walk with curb & gutter from Village Inn Plaza to Village Center intersection. Plan and profiles will be required 4. Vail Rd: left turn is only to serve the Vail Plaza Hotel access, no median on Vail Rd required, 6' heated brick paver walk required from S. Frontage Rd to Meadow Dr. Plan and profiles will be • required 5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans 6. Is access to building to the east still going to be provided thru the loading/delivery area? If not, how is access going to be maintained and is access easement going to be vacated? 7. Loading/delivery area is to serve the buildings to the south via a tunnel, please show how this is to function. 8. Loading/delivery area is to serve the building to the west, please show how this is to. function. 9. Please show circulation and turning movements for the loading/delivery area, all fuming movements must be done entirely on site. 10. Grading and drainage plan needed. 11. Sediment and erosion control plan needed. 12. vehicular circulation in the pone-cochere should be counter-clockwise for driver expectancy 13. Incorporate public art into development work with AIPP Board and Coordinator Should you have any questions, feel free to give me a call 926-2169. RECYCLED PAPER Memorandum To: George Ruther, Senior Special Projects Planner From: Greg Hall, Director of Public Works and Transportation Subject: Vail Plaza Hotel -Review of the November 23, 1999 Plans Date: December 13, 1999 I have completed my review of the Vail Plaza Hotel and have the following comments and concerns. Some of these are truly comments, which should be corrected as the project progresses through the development process, and others are concerns or conditions, which shall be taken care of at the appropriate times in the process. The following corrections to the plans are required: ^ The scale stated on the site illustrative plan is incorrect, please label correctly. ^ Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 % grade at the lowest level is not 145' as indicated. ^ Provide the slope (%) of the parking area in the lowest valet area and the location where the grades change from 128' to 130'. ^ Please show all access points and doorways to elevators and hallways. Specifically, access to the elevators in the Level Minus Two, this may cause valet spaces to be eliminated. Access to the small elevator lobby from the loading berth, and access from the loading berth to the freight elevators. The exact location of the garage door into the Phase III parking structure. Show the staging area in front of the freight elevator and how this may impact access to Phase III and the safety of those using the elevator. Show the location of the trash pickup. ^ The eastside curb alignment of Vail Road is shown per the survey. However, there appears to be one shot out of line, this causes a jog right at the hotel entry, which doesn't exist. The curb moves one foot at this location. ^ The widths of Vail Road, the South Frontage Road and East Meadow Drive along with the exact locations of the curbs of the roundabout and median islands and opposite side of the street will need to be shown accurately prior to first reading before the Town Council. Issues for Discussion There has been significant discussion with regards to whether alert-turn lane is required on Vail Road. The hotel location as it is presently designed would not have to move if the desire for alert-turn is there. A pedestrian easement would be required to push the walk east to make room for the additional 12' lane. Virtually all of the landscaping on the east side of the road would be lost. A space of 3' to 11' wide as you go north would exist on the south building and the space would be 8' to 15' along the north building. The need for alert-turn lane was specifically reviewed and evaluated by the traffic consulting firm of Felsburg, Holt & Ullevig. In the Traffic Report prepared by the consulting engineer, the engineer has stated that based upon traffic projections, vehicles "backing up" into the roundabout traffic would not occur. A review of the roundabout design with regards to Vail Road traffic determined that at current volumes, there is a flow of 321 vehicles in the AM peak hour with a capacity to take 1501 vehicles and a maximum queue of 1 vehicle, in the PM peak flow was 484 vehicles with a capacity to take 1423 vehicles and a maximum queue of 2 vehicles. The roundabout design allows fora 50% increase in peak flows with the AM having a peak hour flow of 481 vehicles with capacity of 1172 vehicles with a maximum queue of 2 vehicles. The PM peak flow would be 735 vehicles with a capacity of 1055 vehicles and a maximum queue of 7 vehicles. This queue does not impact the entry into this site. The Vail Plaza Hotel Traffic Report states the current northbound traffic volume of Vail Road is 695 vehicles. The added trips to Vail Road will be approximately 57 trips in and 40 trips out, during the peak PM period. They also analyzed that the trips were turning in against 900 vehicles verses the 735 trips. As estimated in the future roundabout calculations. The second issue is that the loading bay requirements for the site were to accommodate the turning maneuvers of a 30' single axle truck, a 45' over the road coach and a 50-foot semi tractor trailer on-site, and to additionally to allow a 65' semi tractor trailer to maneuver without impeding the flow of traffic on the South Frontage Road. The applicant has provided an access and maneuverability plan, which illustrates that the maneuvering of the vehicles takes place partially off-site, in the right-of--way. However, no backing motions occur across any sidewalks and the traffic flow on the South Frontage Road is not impeded. Extending the proposed South Frontage Road median through this access point could solve the question of the left turn out for the frontage road access. It would be desirable to at least provide a left turn pocket east bound somewhere in the frontage road to allow U-turns of passenger cars at a point that is determined appropriate. This is most likely at Village Center Chute. The landscape median would need to be extended the entire length to ensure this takes place where determined. This entire access plan on the frontage road will require a Colorado Department of Transportation revised access permit. The transportation engineers at CDOT have the authority to decide how the access functions. Improvements and Conditions The required improvements for this development area 6' heated paver walkway from the east property line of the SDD to the Gateway Building. In addition any revisions to the curb will require new curb and gutter and modifications or additions to the storm sewer system. The extension of Village-style street lights is also required. Any necessary modifications to utilities, landscaping, irrigation systems and required retaining walls shall be the responsibility of the developer. The walkway will be delineated in pavers across the driveways behind the cross pans. • Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons, any masonary rock walls, plant material, bedding mix to TOV specifications, and irrigation system and water connections and sleeves. • Improvements to Vail Road include a heated 8' paver walkway from the Gateway Building property to East Meadow Drive. All additional improvements to allow for this to take place as similarly as stated above for the frontage road are also the responsibility of the developer. • In addition, adding curb, gutter and a 6' concrete walk from the east property line of the SSD to and around the curb return of Village Center Chute on the South Frontage Road. Any modifications to the drainage system to accomplish this work are considered the requirement of the curb. Work such as retaining walls and utility. modifications are the responsibility of the Town of Vail. • Details of the improvements from Vail Road to the west edge of the Phase I building (Base Mountain Sports) along with the improvements of the bus stop along East Meadow Drive are as follows a heated paver walkway attached to the street and bus stop along with all modifications to drainage, utilities, retaining walls, drainage systems, irrigation, landscape modifications street lighting and any adjacent property improvements impacted. • The orange street lights existing along the .entire length of East Meadow Drive shall be changed to the Village-style street light fixture. This installation shall be completed by the developer. • A final grading and drainage plan be prepared and all drainage systems carrying runoff from public right of ways require drainage easements. The final grading plan will have all grades to the tenth of a foot . • A final landscape plan showing sight distances, snow storage areas, and all existing vegetation impacted. • The entire building will require a guttering system ,heat tape and piping to the storm sewer to be provided. • That snow shedding is addressed for the entire building. • The pedestrian walks along Vail Road and the other pedestrian mews are established as public pedestrian easements. • Complete civil-engineered plans are approved prior to submitting for the building permit. ORDINANCE N0.16 SERIES OF 2004 AN ORDINANCE REPEALING ORDINANCE NO. 21, SERIES OF 2001, AND 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 IV; 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 8~ Environmental Commission held a public hearing on the major amendment application; and Ordinance No. 16, Series of 2004 ' 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 .WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza. Hotel and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail. 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. 16, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. The Approved Development Plans for Phases I, III & V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental c 2 Ordinance No. 16, Series of 2004 r Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase IV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards -Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel Development Plan-- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates, Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004: (as may be further revised by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettes Key Plan (noted "for illustration purposes only' C. Site Vignettes D. Site Plan (revised) Ordinance No. 16, Series of 2004 3 :,/ E. Level Minus Two F. Level Minus One 1 G. Level Zero H. Level One I. Level One 8~ 1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights/Interpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade/Interpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery plan 4 Ordinance No. 16, Series of 2004 BB. Street Entry Studies (Vail Road/South Frontage Road) CC. Sun Study DD. Landscape Improvements Plan EE. Off-site Improvements Plan Permitted Uses-- The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section 12-7 of the Vail Town Code. Conditional Uses-- Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units per Acre -Dwelling Units, Accommodation Units, $ Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units -1 Accommodation Units - 99 Fractional Fee Club Units - 50 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Density-- Floor Area , The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks-- 5 Ordinance No. 16, Series of 2004 Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'. Height-- The maximum building height for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage-- 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 person 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 Ordinance No. 16, Series of 2004 6 the approval of the Town of Vail. Section 5. Approval Agreements for Special Development District No. 6, Phase IV, Vail Playa Nntal 1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No. 6, Vail Village Inn. 2. 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. 3. 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; c. A Stormwater Management Plan; 7 Ordinance No. 16, Series of 2004 d. A Site Dewatering Plan; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotel and the Phase III Condominiums and between the Phase V Building property lines. The easement shall tie prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk 8~ Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records adeed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off.-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct alert-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 8 Ordinance No. 16, Series of 2004 ~. 1 9. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be 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 Village loading/delivery system. The use of the 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 andlor 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. 10. 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. 11. That the Developer records 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. 12. 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 ,, shall transfer with the deed to the hotel property. 13. That the Developer submits a copy of an approved access permit form the Colorado Department of Transportation verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6, 2004. Ordinance No. 16, Series of 2004 Section 6. Approval Expiration: Time Limitations . .That the Developer shall submit a complete building permit application to the Town of Vail Community Development Department for the construction of the Vail Plaza Hotel by no later than 5:00 pm, Friday, September 3, 2004. The Chief Building Official shall determine the completeness of the application. The Developer shall diligently pursue the issuance of a building permit by no later than October 15, 2004. Failure to comply with this condition shall cause this sdd approval to become null and void on September 4, 2004, pursuant to the time requirements and limitations of Section 12-9A-12, Vail Town Code, or on October 16, 2004, depending on whether a building permit application has been submitted. The phasing of the construction of the hotel shall not be permitted. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. 10 Ordinance No. 16, Series of 2004 The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of July, 2004, and a public hearing for second reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of July, 2004. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2004 11 ORDINANCE 12 SERIES 2004 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR CERTAIN HOUSEKEEPING AMENDMENTS TO THE TOWN OF VAIL POLICE REGULATIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the Town Council's belief that certain "housekeeping" amendments are necessary in Title 6, Chapter 3, of the Vail Municipal Code to more effectively enforce the Town's police regulations; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 6, Chapter 3, of the Municipal Code of the Town of Vail is hereby amended as follows: (deletions are shown in et~+ke~-##reegk~, additions are shown in bold) 6-3A-5: RESISTING AN OFFICER: A. Resisting Arrest: It is unlawful for any person within the Town to knowingly +~~+~tienally prevent or attempt to prevent any peace officer, acting under color of his/her official authority, from effecting an arrest of the person by the use or threat of physical force or violence against the police officer or by the use of any other means which creates a substantial risk of causing physical injury to the peace officer. B. Obstructing A Peace Officer: It is unlawful for any person within the Town to knowingly ~afly use or threaten to use violence, force or physical interference to obstruct or impair or hinder the enforcement of the provisions of this Code or the preservation of the peace by a peace officer acting .under color of his/her official authority or intentionally obstruct, impair or hinder the prevention, control or abatement of fire by a firefighter acting under color of his/her official authority. 6-3A-7: FURNISHING CONTRABAND ~FJ€~4R9A~S TO PRISONERS: Ordinance 12 ,Series of 2004 It is unlawful for any person to furnish or attempt to furnish or take into jail or to deliver or attempt~to deliver to any prisoner confined therein, or in the custody of any officer, any weapon, tool, intoxicating liquors, drug or other article without the consent of the law enforcement officer in charge. 6-3A-8: FALSE REPORTS: It is unlawful for any person knowingly wi#t~ to give or make, or cause to be given or made in any manner any false report to any police officer of the Town or to any person authorized to receive reports in behalf of the police of the Town. 6-3A-9: FALSE ALARMS: It is unlawful for any person to knowingly w+l#elly give or make or cause to be given or made in any manner a false alarm of fire, avalanche, missing person or other emergency or disaster. 6-3B-1: ASSAULT: A. Assault And Battery: It is unlawful for a person to eseyF knowingly or recklessly cause or attempt to cause bodily injury to another person. B. Reporting Required: It is the duty of the owner or manager of any premises licensed by the Town to serve, sell or dispense alcoholic beverages or fermented malt beverages, to report or cause to be reported to the Town Police Department all incidents involving violations of subsection A of this Section, occurring within or upon their premises within twenty four (24) hours of such incidents. 6-36-2: LARCENY, FRAUD AND RELATED OFFENSES: A. Definitions: LARCENY: To take or exercise control over property of another having a value of less then five hundred dollars ($500.00) without authorization or by threat or deception; and 1. With the intention to deprive the owner permanently of the use or benefit of such property; or 2. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or Ordinance 12 ,Series of 2004 .~ 4. To knowingly demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner. RECREATIONAL FACILITY: Any golf course, tennis court or any recreational property, or any related property facility or thing whatsoever. SKIING FACILITY: Any ski tow, ski lift, gondola, or any related property or facility e;K ems. SKIING SERVICE: Service and instruction offered or provided by any ski instructor or ski school, and any service offered or provided in connection with any skiing facility. B. Larceny Unlawful: It is unlawful for any person to commit larceny in the Town. C. Concealment Of Goods: If any person w+l#elly knowingly conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or any other mercantile establishment, whether the concealment be on his/her own person or otherwise and whether on or off the premises of such store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the offense of larceny. D. Deceptive Use Of Ski Facilities: It is unlawful for any person within the Town, knowingly to obtain or attempt to obtain the use, benefit or enjoyment of any skiing service or skiing facility or other recreational facility by any false pretense, trick, or deceptive means, method or device whatsoever ~v#atever . E. Using False Ticket: It is unlawful for any person within the Town knowingly to possess, offer, use, present, sell or give away, any false, simulated, bogus, spurious, sham, altered, forged, counterfeit, defaced or mutilated ticket, token, pass, badge, pin or other device which is not genuine and authorized for obtaining the use, benefit, or enjoyment of any skiing service or skiing facility or other recreational facility by the owner, proprietor, lessee, licensee or operator of such skiing service or facility or other recreational facility. F. AAak+f~Q False Tickets: It is unlawful for any person within the Town to knowingly falsify, alter, forge, counterfeit, deface or mutilate any ticket, pass, badge, pin or other device entitling the holder thereof to the use, benefit or enjoyment of any skiing service or skiing facility or other recreational facility, or to make or manufacture any simulated, bogus, spurious, or sham ticket,~token, pass, badge, pin or other device purporting to Ordinance 12 ,Series of 2004 entitle the holder thereof to the use, benefit or enjoyment of any skiing service or facility or other recreational facility. G. Fraud_ By Check: 1. As used in this subsection, unless the context otherwise requires: CHECK: A written, unconditional order to pay a certain amount of money drawn on a bank, payable on demand and signed by the drawer. DRAWEE: The bank upon which a check is drawn. DRAWER: A person, either real or fictitious, whose name appears on a check as a primary obligor, whether the actual signature be that of the person or of a person authorized to draw a check on himself or herself. INSUFFICIENT FUNDS: A drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account with the drawee, or has funds in a checking account with the drawee in an amount less than the amount of the check, plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for "no account" shall also be deemed to be dishonored for "insufficient funds". ISSUE: A person issues a check when he or she makes, draws, delivers or passes it, or causes it to be made, drawn. delivered or passed. 2. Any person, knowing he or she has insufficient funds with the drawee who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value commits fraud by check, which is unlawful. 3. Notwithstanding any other provision of this subsection, no violation of this subsection occurs if: a. The check alleged to be fraudulent was for the sum of two hundred dollars ($200.00) or more. b. The person issues two (2) or more checks within any thirty (30) day period in the State of Colorado totaling two hundred dollars ($200.00) or more in the aggregate, or c. The person issuing the check has been twice previously convicted under Colorado Revised Statutes section 18-5-205 (1973, as amended) or any former Colorado statute of similar content and purport, and d. The allegedly fraudulent check was drawn on an account which did not exist or which has been closed for a period of thirty (30) days or more prior to the issuance of said check. Ordinance 12 ,Series of 2004 i 4. It shall be .unlawful for any person to open a checking account using false identification or an assumed name for the purpose of issuing a fraudulent check. 5. If the deferred prosecution or sentencing is ordered, the court, as a condition of such disposition, may require the defendant to make restitution on all checks issued by the defendant which are unpaid as of the date of commencement of the deferred period in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant. 6. A bank shall not be civilly or criminally liable for releasing information relating to the drawer's account to a police officer, Town Attorney,. Assistant Town Attorney, or authorized investigator for the Town Attorney investigating or prosecuting a charge under this subsection. H. Control Over Stolen Thing Of Value: vala~ Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted and punished whether or not the principal is charged, tried or convicted. 6-3C-2: INDECENT EXPOSURE: It is unlawful for any person to +~te~ier~a~} knowingly expose such person's genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. 6-3C-3: ILLEGAL ACTS ON PREMISES HOLDING LIQUOR LICENSES; A. Definitions: For purposes of this section, the following definitions shall apply: ' ~`"~~ INDECENT DISPLAYS: Performing acts of or acts which simulate: 1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, #IagelJa~ie~ or any sexual acts which are prohibited by law; 2. The touching, caressing or fondling on the breast, buttocks, anus or genitals; 3. The displaying of the pubic hair, anus, vulva or genitals; 4. The displaying of the post-pubertal human female.breast below a point immediately above the top of the areola, or the displaying of the post-pubertal .human female breast where the nipple only or the nipple and areola only are covered. NUDITY: Uncovered, or less than opaquely covered, post-pubescent pes#-puf~at human genitals, pubic areas, the post-pubescent-pesfber~af human female breast Ordinance 12 ,Series of 2004 below a point immediately above the top of the areola, . For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. B. Gambling Prohibited: No licensee for the sale of spirituous, vinous or malt beverages or 3.2 beer shall install, maintain or operate or permit the installation, maintenance or operation of, within or upon the licensed premises, any gambling table, establishment, device, machine, apparatus or other thing contrary to this section or to the laws of this state or which is kept or used for the purpose of gambling either directly or indirectly. This section shall not be construed to prohibit the use of bona fide amusement devices which do not and cannot be adjusted to pay anything of value, and which may not be used for gambling, directly or indirectly, and for the scoring, achievement, use or operation of which no prize, reward or thing of value is offered or paid by any person. C. Offensive Behavior By Patrons: Each licensee shall conduct his/her establishment in a decent, orderly and respectable manner, and shall not permit within or upon the licensed premises Jewel-e~ indecent displays, profanity, ~ewr~ieess; undue noise, or other disturbance or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the establishment is located. . , €D. Begging And Soliciting Drinks: No licensee, manager or agent shall permit upon any liquor licensed premises for consumption on the premises anyone to loiter in or about said premises for the purpose of begging, and soliciting any patron or customer of, or visitor in, such premises to purchase any drinks or beverages of any type or nature whatsoever, for the one soliciting or begging: J=E. Nudity: No licensee for retail sale by the drink of spirituous, vinous, or malt beverages or 3.2 beer shall permit.any person or persons to appear in a state of nudity or simulated nudity within or upon the premises. &F. Showing Of Offensive Materials: No licensee for retail sale by the drink of spirituous, vinous, or malt beverages or 3.2 beer shall permit the showing of film, still Ordinance 12 ,Series of 2004 i pictures, electronic reproduction, or other visual reproductions depicting any act. or live performance prohibited by this section. 6-3C-4: DRINKING IN PUBLIC ~T~P~~: A. Prohibited: It is unlawful for any person to drink any malt, vinous, or spirituous liquors upon any street, alley, sidewalk, public building or public parking lot in the town upon any vehicle upon the streets, alleys, sidewalks or public parking lots in the town except by written authorization of the town council. It is unlawful for any person to possess or have in such person's possession or under his/her control in or upon any street, alley, sidewalk, public building or public parking lot in the town, any malt, vinous, or spirituous liquors in any container of any kind or description which is not sealed or upon which the seal is broken. The word "sealed" means the regular seal applied by the United States government over the cap of all malt, vinous or spirituous liquors. B. Closed Containers Prohibited: 1. Affected Areas: No person shall possess any malt, vinous, or spirituous liquor or fermented malt beverage in or upon any public highway, street, alley, walk, parking lot or any other public property or place or in or upon those portions of any private property upon which the public has an expressed or implied license to enter or remain within the area bounded by: Vail transportation center/village parking structure to the north, the south edge of Seibert Circle to the south, Mill Creek to the east, the eastern curb line of Willow Bridge Road from Gore Creek Drive through the International Bridge. The affected area is inclusive of Wall Street from Gore Creek Drive through One Vail Place and the Gore Creek Promenade from Willow Bridge Road through the Children's Fountain, between six o'clock (6:00) P.M. and six o'clock (6:00) A.M., from June 30 through July 5, and between six o'clock (6:00) P.M. on December 31 and six o'clock (6:00) A.M. of January 1 of each year. 2. Exception: Notwithstanding the foregoing, persons shall have the right to possess malt, vinous or spirituous liquor or fermented malt beverage in said area if they are taking it to permanent or temporary residence located in said area. 3. Resolution By Officer: Any peace officer is authorized to seize any malt, vinous or spirituous liquor or fermented malt beverage possessed in violation of this section. If no summons or complaint is issued for the violation and if the circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the Ordinance 12 ,Series of 2004 alcoholic beverage or to ,abandon the beverage to the officer for destruction at such person's option. 6-3C-5: SALE OF INTOXICATING LIQUORS: A. Prohibited: It is unlawful for anyone to knowingly sell, give, or dispense any intoxicating beverage of any kind, including fermented malt beverages, commonly known as 3.2 beer, to any person who is visibly intoxicated, and it is the responsibility of anyone licensed by the town and state to dispense any malt, vinous, and spirituous liquor, as well as fermented malt beverages, commonly known as 3.2 beer, to determine if any such person is visibly intoxicated before selling, serving or delivering such beverages to any such person. - B. False Identification: It shall~be unlawful for any person to knowingly make false statements or to furnish, present, or exhibit any fictitious or false registration card, identification card, driver's license, note or any other document; or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same, for the purpose of gaining admission to any prohibited place or for the purpose of procuring the sale, gift or delivery of prohibited articles, including fermented malt beverages, malt, vinous, or spirituous liquors. C. Possession Of Liquor By Underage Persons: It shall be unlawful for any person under the age of twenty one (21) years to have in such person's possession or in his/her control in a public place or a privately owned place opened to the use and access of the public, any malt, vinous, or spirituous liquor, or any fermented malt beverages within the town limits. D. Sale To Minors: It shall be unlawful for any person to procure for, sell to, or give away within the town limits, any malt, vinous, or spirituous liquors, or any fermented malt beverages to any person under the age of twenty one (21) years. 6-3C-6: CANNABIS: A. Defined: "Cannabis" includes all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, but shall not include the mature stalks of said plant, fiber produced from its stalks, oil or cake made from the seeds of said plant, or any other compound or manufacture, salt, derivative, mixture, or preparation of its mature stalks, except the Ordinance 12 ,Series of 2004 resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. B. Unlawful Acts -Designated: It is unlawful to possess, use or attempt to obtain or procure less than one ounce of cannabis. • , 6-3D-2: Bf~PJ1~AP1B DISORDERLY CONDUCT: It is unlawful for a person to intentionally, knowingly or recklessly: A. Make a coarse and obviously offensive utterance in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; or B. Make a coarse and offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; or C. Fight with another in a public place, except in an amateur or professional contest . of athletic skill; or Ordinance 12 ,Series of 2004 D. Make an unreasonable noise in a public place or near a private residence that he/she has no right to occupy. 6-3D-3: DANGEROUS OR VIOLENT CONDUCT: It is unlawful for a person to participate with two (2) or more others in #~~ dangerous and violent conduct which creates gr~re imminent danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function. 6-3E-1: CRIMINAL INJURY TO PROPERTY: It is unlawful for any person +~teet+eeal~ to knowingly injure, deface, mutilate, remove, pull down, break, or in any way interfere with; molest, desecrate or destroy any #~ees-er ~eai-e~~er~er~al property belonging to or under control of the Town or any person within the limits of the Town. 6-3E-2: THEFT OF LIBRARY PROPERTY: It shall be unlawful for any person to take, ' r to retain any property belonging to the Vail Public Library for thirty (30) days after notice is sent to said person in writing to return the same, given after the expiration of the time that by the rules of the Vail Public Library such property may be kept, . 6-3E-3: TRESPASSING: It is unlawful for a person to enter upon any property within the Town, owned or occupied by another, without license or privilege to do so, or to remain upon any such property after having been requested to leave by the owner of the property or by any person having charge of the property. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance 12 ,Series of 2004 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 this 6th day of July, 2004 and a public hearing for second reading of this Ordinance set for the 20th day of July, 2004, at 6:00 pm in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 12 ,Series of 2004 ORDINANCE 6 SERIES 2004 AN ORDINANCE AMENDING SECTION 5-1-6, "UNDESIRABLE PLANTS," OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR CERTAIN AMENDMENTS TO COMPLY WITH THE COLORADO NOXIOUS WEED ACT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to amend the Town of Vail Municipal Code, as it relates to the control of noxious weeds in accord with the Colorado Noxious Weed Act, C.R.S. § 35-5.5-101, et seq.; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE " TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 1, Section 6, entitled "UNDESIRABLE PLANTS," of the Municipal Code of the Town of Vail is hereby amended to read as follows: (deletions shown in e~~ and additions shown in bold and underline) 5-1-6: ~ inin~ciDnr~i C DI nn~Te NOXIOUS WEEDS' A. Plants Listed: All plants declared noxious weeds pursuant to the Town of Vail Weed Manaaement Plan. which shall be annually reviewed and updated in compliance with the C.R.S. § 35-5.5-101 et sea., "The Colorado Noxious Weed Act." , B. Declaration Of Nuisance: , Anv and all plants designated " " noxious weeds by the Town are declared to be a public nuisance. Such action may be taken as is available for nuisance abatement under the laws of this State and the Town, and as Town Council, in their sole discretion, deem necessary. C. Removal Of Noxious Weeds Required By Property Owner: Property owners within the Town shall be responsible for the elimination of ~es+rable Ordinance 6, Series of 2004 ~la~s noxious weeds from their property within ninety (90} days of the effective date hereof. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations. D. Enforcement: The Town shall have the right to enter upon any premises, land, or place, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspecting for the existence of ~°h'° ^'~^+c noxious weeds, and shall have the right to propose, implement or enforce the management of ~es+rabie-~la~ts noxious weeds upon such lands in accordance with the provisions of Colorado Revised Statutes section 35-5.5-108.5 and 109. E. Advisory Board: The Vail Town Council shall be the local advisory board for all state and local noxious weed statutes ordinances and reaulations The mavor shall be the chair and the mavor pro tem shall be the secretary A majority of the members of the board shall constitute a quorum F. Penalty: Violation of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance 6, Series of 2004 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or' any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of June, 2004 and a public hearing for second reading of this Ordinance set for the 6th day of July, 2004, in the Council Chambers of the Vail 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 July, 2004. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 6, Series of2004