HomeMy WebLinkAbout2005-08-16 Support Documentation Town Council Evening SessionTOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, AUGUST 16, 2005
f VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
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. ITEMITOPIC: Meeting with County Commissioners. (60 min.)
Talking Points:
- Ethia Policy
- Housing Regulations
- Land Use policies
- Energy Efficiency Programs
- West Vail Fire Station
3. Carmen Moyer ITEMITOPIC: Muscular Dystrophy Fire Fighter Proclamation. (5
min.)
The Muscular Dystrophy Association along with the Town of Vail
would like to thank the Vail Fire Department for their support of the
Fill the Boot Fundraising Program. They have continued to be the
highest raising fire department on the Western Slope. Last year
they raised almost $10,000, and this year's goal is $20,000. In
light of this, we are announcing the week of August 29th -
September 5th: Vail Fire Fighter Appreciation Week.
4. ITEM/TOPIC: Construction Update. (5 min.)
5. Russ Forrest ITEMITOPIC: Vail Conference Center -Ballot Language and
Parking. (30 min.)
ACTION REQUESTED OF COUNCIL: Based on input from the
afternoon work session with representatives from the .Lodging
Community, the Town Council could choose to keep the ballot
language that has been reviewed in June or it could choose to
direct staff to prepare alternative language:.. ,.... In ;addition., ., staff; .,,,,.
would like to confirm how parking should be addressed in the
facility based. on input from the PEC.
BACKGROUND RATIONALE: In July, the Town Council
approved the current format for the conference center ballot
language. At the August 2"d meeting the Town Council requested
that the Lodging Community provide any input they might have on
the proposed ballot language by the August 16~' meeting.
The other item to discuss involves parking for the facility. Over the
summer months the conference center has received preliminary
reviews by both the DRB and the PEC. At the July 25~' PEC
meeting, the Commission indicated that the conference center
should provide 243 spaces for parking based on the zoning code.
The Project is proposing to build 250 spaces. The parking would
be managed. operated by the Town of Vail. The existing 1100
spaces and the new 250 spaces would be operated as one public
parking facility. If an event occurred on a peak ski day then there
would be the ability to segregate or reserve parking for the
conference facility. Staff proposed only segregating 125 spaces
during times when the facility is used and frontage road parking is
anticipated. Vail Resorts has committed $4.3 million for parking
under the conference center. Staff would propose that we comply
with the PEC request to provide 243 spaces. The primary
question is whether, Vail Resorts funding should be accepted to
help pay for the proposed parking underneath the parking
structure. The alternative would be to increase the amount of the
project budget for the conference center an additional $4.3 million
to pay for the full total of 250 net new parking spaces.
6. Paul Smith ITEMITOPIC: Approval of Amendment to the E911 Inter-
Governmental Agreement. (5 min.)
BACKGROUND RATIONALE: Due to increased
telecommunications cost and surcharge revenue shortfalls, the
Eagle County Telephone Service Authority Board (911 Authority)
has been forced to reduce its contributions to the operating budget
of the County's 911 Center in fiscal years 2004 and 2005. This
reduction has forced a corresponding cost increase to the user
agencies within the county and required a temporary reduction in
staff in 2005. Clearly the 911 Authority's revenue short fall is now
directly impacting 911 services in Eagle County and forcing an
unnecessary financial burden on the Public Safety agencies within
the county. (10 min.)
To help resolve this issue the 911 Authority and Eagle County
have recently approached. the PUC requesting.. a 91.1 surcharge
increase for Eagle County.. This increase will bring the current
phone based surcharge of $.70 up to $1.25 per month' per phone
line.
To assist in this matter the 911 Authority is requesting that the
Mayor- of the Town of Vail endorse the attached "Second
Amendment" to the E911 Telephone Service IGA which provides
for the proposed surcharge increase.
STAFF RESPONSE: Staff recommends the signing of amended
IGA.
7. Warren Campbell ITEMITOPIC: First Reading of Ordinance No. 16, Series of 2005,
an ordinance amending Title 12, Zoning Regulations, Vail Town
Code, to amend the Commercial Service Center (CSC) District to
add "bowling alley" as a conditional use to the District and to add a
definition of a "bowling alley" to the Vail Town Code, and setting
forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. #16, Series of 2005 on first
reading.
BACKGROUND RATIONALE: On April 25, 2005, the Town of
Vail Planning and Environmental Commission voted 6-0-0 (Gunion
absent) to forward a recommendation ofapproval for a proposed
text amendment to the Commercial Service Center (CSC) District
to add "bowling alley" as a conditional use and to add a definition
fora "bowling alley' to the Vail Town Code.
On August 2, 2005, the Town Council tabled the First Reading of
Ordinance No. 16, Series of 2005, without hearing any
presentation.
STAFF RECOMMENDATION: This application to amend the
allowable conditional uses for the Commercial Service Center District
and to add a definition for "bowling alley", was submitted as a part of
the proposal to establish SDD No. 39, Crossroads. As you are aware
the application to establish SDD No. 39, Crossroads, has been
withdrawn. Staff believes this may be an opportunity to examine and
update the development standards for the Commercial Service Center
District in whole. Should the Town Council choose to move forward
with this application the Community Development Department
recommends that the Vail Town Council approves Ordinance No. 16,
Series of 2005, on first reading.
8. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. #19, Series 2005,
an Ordinance making supplemental appropriations to the 2005
Budget, Supplemental Appropriation No. #2. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments, Ordinance No. #19, Series 2005, on first reading.
BACKGROUND RATIONALE: To be provided in separate memo
STAFF RECOMMENDATION: Approve Ordinance No. #19,
Series 2005, on first reading.
9. Matt Gennett ITEMITOPIC: Second reading of Ordinance No. #17, Series of
2005, an ordinance amending the Vail Land Use Plan pursuant to
Chapter VIII of the Vail Land Use Plan, adding the Chamonix
Parcel as Tract 43 in the "Inventory and Assessment of Town
Owned Property' contained in Chapter VII, Community Facilities,
and setting forth details in regard thereto (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. #17, Series of 2005.
BACKGROUND RATIONALE: On July 20, 2004, upon the
recommendation of acouncil-citizen-staff review committee, the
Vail Town Council authorized the Town Manager to hire the
planning team of Davis Partnership/Michael Hazard Associates to
facilitate a master land use plan centered on a fire station for the
town-owned Chamonix property at 2310 Chamonix Road.
On January 24, 2005, the Planning and Environmental
Commission (PEC) held a work session to consider a proposed
draft Land Use Plan for the Chamonix parcel, hear public input,
and discuss the other possible uses on site which would be in
addition to the primary fire station use.
On June 27, 2005, the Planning and Environmental Commission
unanimously approved a proposed land use plan and an attached
site plan produced by the collaborative efforts of the committee,
staff, and Davis Partnership/Michael Hazard Associates to be
used as a guide for future land uses on the Chamonix Parcel.
On August 2, 2005, the Town Council voted 6-1 to approve
Ordinance No. #17, Series of 2005 on first reading.
STAFF RECOMMENDATION: The Community Development
Department is recommending that the Town Council approves
Ordinance No. 17, Series of 2005, upon second reading.
10. George Ruther ITEMITOPIC: Second Reading of Ordinance No..#18, Series of
2005, an ordinance amending Section 12-7H-12, Density
(Dwelling Units Per Acre), Vail Town Code, to allow multiple
attached accommodation units within a dwelling unit located within
the Lionshead Mixed Use 1 zone district, and setting forth details
in regard thereto. (30 min.) .
ACTION REQUESTED OF COUNCIL: Approve, approve with
mod cations, or deny Ordinance No. #18, Series of 2005 on
second reading.
BACKGROUND RATIONALE: On June 27, 2005, the Planning
and Environmental Commission held a public hearing on a
request for a final review of a text amendment to Section 12-7H-
12, Density (Dwelling Units Per Acre), Vail Town Code, pursuant
to Chapter 12-3, Amendments, Vail Town Code, to allow multiple
attached accommodation units within a dwelling unit, and setting
forth details in regard thereto (PEC05-0040).
Upon consideration of the text amendment request, the
Commission voted 5-0 to forward a recommendation of approval
of the request to the Vail Town Council.
On August 2, 2005, the Vail Town Council approved Ordinance
No. #18, Series of 2005 on first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. #18, Series of 2005, on second reading.
11. ITEM/TOPIC: Town Manager's Report (10 min.)
- Visitor Information Center Operator Contract
On July 5, 2005, the Vail Town Council voted 5-2 to direct the
town manager to negotiate a contract with Vail Brochure Delivery
for operation of the Visitor Information Centers effective Oct. 1,
2005. At the time, Council stipulated the contract be written in a
manner that provides an annual review process with the option to
renew the contract for a total of three years. The contract (see
attached) has been drafted and is now ready to be executed with
a start date of Oct. 1, 2005.
12. ITEMITOPIC: Adjournment (9:15 p.m.)
NOTE UPCOMING. MEETING ART 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, SEPTEMBER 6, 2005, 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
August 11, 2005
Mayor
Town of Vail
Vail, CO
Dear Mayor Slifer
I am writing to request your assistance in recognizing the outstanding efforts of the Vail
fire fighters on behalf of the Muscular Dystrophy Association. The money collected in
their 2004 "Fill the Boot" campaign, combined with the totals from fire departments
across the state, brought in a record $808,070.
To show our appreciation to the fire fighters in your community, the Muscular Dystrophy
Association is sponsoring Vail Fire Fighter Appreciation Week on August 29th -
September 5th, 2005. I am requesting that the town of Vail proclaim this week Vail Fire
Fighter Appreciation Week. This courageous group of men and women can be
recognized not only for their service to our communities but also for their dedication to
area children and adults who are battling muscle disease.
Enclosed you will find a sample proclamation. We would appreciate your presenting the
proclamation at your August 16th council meeting. Please advise me of the time that a
formal presentation can be made.
Thank you in advance for your consideration of this request.
Sincerely,
Carmen J. Moyer
District Director
Western Slope Muscular Dystrophy Association
Proclamation
WHEREAS, Fighting fires is one of the most hazardous professions, requiring physical
strength, stamina, extensive training, courage, and selfless concern for the welfare of our
citizens; and
WHEREAS, In addition to their daily service to communities, fire fighters through the
state and across the nation have joined the Muscular Dystrophy Association for the past
fifty years in the fight against neuromuscular diseases; and
WHEREAS, Colorado fire fighters collected a record breaking $808, 070 over 100
communities with their 2004 "Fill the Boot" campaign for MDA, again making them
MDA 's largest source of funding; and
WHEREAS, The Muscular Dystrophy Association is extremely grateful to the Yail fire
fighters for their support and dedication; and
WHEREAS, The funds collected by the Yail fire fighters assist MDA in providing
medical services at local clinics, summer camp, research grants, support groups, and
public education seminars at no cost to local children and families; and
WHEREAS, In honor of the efforts of the Vail fire fighters, the Muscular Dystrophy
Association is sponsoring Yail Fighter Appreciation Week; and
WHEREAS, It is appropriate for all Yail citizens to join the Muscular Dystrophy
Association in this tribute to our fire fighters.
NOW, THEREFORE, I, ROD SLIFER, MAYOR of the town of Yail, by virtue of the
authority vested in me, do hereby officially proclaim August 29`h -September S`h, 2005,
to be known as;
"i~AIL FIRE FIGHTER APPRECIATION WEEK"
And commend Grand Junction fire fighters for their efforts on behalf of the Muscular
Dystrophy Association
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of
the Town of Yail to be affixed this 16th day of August, 2005.
MAYOR
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75 S. Frontage Rd. Vail, CO 81657 (970) 479-2200 Fax (970) 479-2216
To: Pam Brandin er, Assistant Town Manager
From: Paul S
Date: July 28, 2005
Subject: Amendment to E911 IGA
I am writing this letter on behalf of the Eagle County Eagle County Telephone Service
Authority Board (911 Authority) to request your help in obtaining your Town's approval of
the attached second amendment to the E911 IGA for Eagle County.
As you are aware, Eagle County experienced a 110% increase in 911 trunk fees in 2003
while seeing roughly an $84,000 decline in surcharge revenues for the same period.
This increase coupled with the County's upgrade to Phase 2 wireless and continued
declining revenue has stripped the Eagle County 911 fund of its working capital and
placed a greater financial burden on the user agencies.
To retain the County's fund balance the Eagle County Telephone Service Authority
Board (911 Authority) has been forced to reduce its contributions to the operating budget
of the County's 911 Center in fiscal years 2004 and 2005. This reduction has forced a
corresponding cost increase.to the user agencies within the county and required a
temporary reduction in staff in 2005. Clearly the 911 Authority's revenue short fall is now
directly impacting 911 services in Eagle County and forcing an unnecessary financial
burden on the Public Safety agencies within the county.
To help resolve this issue the 911 Authority and Eagle County have recently approached
the PUC requesting a 911 surcharge increase for Eagle County. This increase will bring
the current phone based surcharge of $.70 up to $1.25 per month per phone line.
Additionally, the 911 Authority has recently contracted with 911 Solutions out of
Breckenridge to complete an audit of all phone lines within the county to ensure that the
911 Authority is receiving all revenues that it is entitled to under PUC regulations.
The new surcharge rate coupled with holding the telephone carriers accountable will
ensure the financial solvency of the 911 Authority and its strong commitment to 911
services within the County.
To assist in this matter the 911 Authority is requesting that the Mayor of the Town of Vail
endorse the attached "Second Amendment" to the E911 Telephone Service IGA which
provides for the proposed surcharge increase.
I look forward to working with you to resolve this matter as expeditiously as possible. I
can be reached at my office number 970-479-2231 or my cell 970-376-6189.
-,~
;Y1
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:~
,~ SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE
THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation
of an E911 Telephone Service ("Second Amendment") is made and entered into this -day of
2005 by and between the following parties ("Parties"):
1) Board of County Commissioners, County of Eagle, State of Colorado;
2) The Town of Vail, a municipal corporation;
3) The Town of Avon, a municipal corporation;
4) The Town of Eagle, a municipal corporation;
5) The Town of Gypsum, a municipal corporation;
6) The Town of Minturn, a municipal corporation;
7) The Town of Red Cliff, a municipal corporation;
8) The Greater Eagle Fire Protection District, aquasi-municipal corporation;
9) The Gypsum Fire Protection District, aquasi-municipal corporation;
10) Western Eagle County Ambulance District, aquasi-municipal corporation;
11) Eagle County Health Service District, aquasi-municipal corporation f/k/a The Eagle
County Emergency Services Hospital District and the Eagle County Ambulance Service.
WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the
Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish
the Emergency Telephone Service Authority.
WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5)
member board appointed by the Board of County Commissioners and charged with the oversight
and funding of Eagle County's 911 system.
WHEREAS, the original IGA contained a provision requiring that two (2) members of the
Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of
Wolcott and one_(1) member be appointed at-large.
WHEREAS, the Authority Board desires more. at-large appointments to create a broader
applicant pool. for future open .Director positions and to ensure qualified membership on its
current Board. .
WHEREAS, the Original IGA contained a provision limiting the collection of an emergency
telephone chazge to an amount not to exceed seventy cents ($.70) per month despite the statutory
authorization of a higher amount pending Public Utilities Commission approval as set forth in
C.R.S. §29-11-102(2)(b).
WHEREAS, the Authority Board desires that the Original IGA be amended to include the same
statutorily authorized collection amounts as set forth in C.R.S. §29-11-102.
WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below.
In consideration of the mutual covenants set forth in the Original IGA and the additional
covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties
agree that this Second Amendment shall replace and supersede those sections of the Original
IGA as stated hereunder.
ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be
deleted in its entirety and replaced with the following:
"ARTICLE 3.1-EMERGENCY TELEPHONE SERVICE AUTHORITYBOARD
The Board of Directors of the Authority ("Authority Boazd") shall consist of five (5) members
who shall be appointed by, and serve at the pleasure of, the Boazd of County Commissioners.
One member shall be appointed from east of Wolcott, one member from west of Wolcott, and
three members shall be appointed at-large."
ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced
with the following:
"ARTICLE S.3 -POWERS OF THE A UTHORITY
Collect an emergency telephone charge in those portions of the service area for which emergency
telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future
applicable statutory provision."
The Parties agree that, except as expressly altered, modified and changed in this Second
Amendment, all terms and provisions of the Original IGA shall remain in full force and effect,
and hereby are ratified and confirmed in all respects as of the date hereof.
If any conflict exists between the provisions of this Second Amendment and the Original IGA,
the provisions of this Second Amendment shall control.
IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the
day and year first above written.
J
ATTEST: COUNTY OF EAGLE, STATE OF COLORADO
By and Through its Board of County Commissioners
BY~ By: -
Teak J. Simonton Arn Menconi, Chairman
Clerk to the Board of P.O. Box 850
County Conunissioners Eagle, CO 81631
ATTEST: TOWN OF VAIL
By: By:
Clerk Mayor
75 South Frontage Road
Vail, CO 81657
ATTEST: TOWN OF AVON
BY~ BY~ -
Clerk Mayor
P.O. Box 975
Avon, CO 81620
ATTEST: TOWN OF EAGLE
By: By: -
Clerk Mayor
P.O. Box 609
Eagle, CO 81631
ATTEST: TOWN OF GYPSUM
By: BY~
Clerk Mayor
P.O. Box 23.7
. Gypsum; CO 81637
3
ATTEST: TOWN OF MINTURN
By: By:
Clerk Mayor
P.O. Box 309
Minturn, CO 81645
ATTEST: TOWN OF RED CLIFF
By: BY~
Clerk Mayor
P.O. Box 40
Red Cliff, CO 81649
ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT
By: By:
Chairman
P.O. Box 666
Eagle, CO 81631
ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT
By: By:
Chairman
P.O. Box 243
Gypsum, CO 81637
ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT
By: By:
P.O. Box 1077
Eagle, CO 81631
ATTEST: EAGLE COUNTY HEALTH SERVICE DISTRICT '
By: By:
Chairman
P.O. Box 990
Edwards, CO 81632
4
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: August 16, 2005
SUBJECT: Second Reading of Ordinance No. 17, Series of 2005, amending the Vail
Land Use Plan pursuant to Chapter VIII of the Vail Land Use Plan, adding the
Chamonix Parcel as Tract 43 in the "Inventory and Assessment of Town
Owned Property" contained in Chapter VII, Community Facilities, and setting
forth details in regard thereto.
Applicant: The Town of Vail, represented by Suzanne Silverthorn
Planner: Matt Gennett
1. DESCRIPTION OF THE REQUEST
The applicant, The Town of Vail, represented by Suzanne Silverthorne, is
requesting a second reading of Ordinance No. 17, Series of 2005, an ordinance
amending the Vail Land Use Plan pursuant to Chapter VIII, Vail Land Use Plan,
adding the Chamonix Parcel as Tract 43 in the "Inventory and Assessment of
Town Owned Property" contained in Chapter VII, Community Facilities, and
setting forth details in regard thereto (Attachment A). The purpose of Ordinance
No. 17, Series of 2005, is to .establish a land use plan for a fire station grid other
uses on the Chamonix Parcel, located at 2310 Chamonix Road/Tract D, Vail Das
Schone Filing 1 (Attachment B, Vicinity Map).
The staff and applicant are requesting that the Town Council approve Ordinance
No. 17, Series of 2005, upon second reading, with the findings located in Section
III of this memorandum.
II. BACKGROUND
On July 20, 2004, upon the recommendation of acouncil-citizen-staff review
committee, the Vail Town Council authorized the Town Manager to hire the
planning team of Davis Partnership/Michael Hazard Associates to facilitate a
master land use plan centered on a fire station for the town-owned Chamonix
property at Tract D, Vail Das.Schone Filing 1/2310 Chamonix Road.
On January 24, 2005; the Planning and Environmental Commission (PEC) held a
work session to consider a proposed draft Land Use Plan for the Chamonix
parcel, hear public input, and discuss the other possible uses on site which would
be in addition to the primary fire station use.
On June 27, 2005, the Planning and Environmental Commission unanimously
approved a proposed land use plan produced by the collaborative efforts of the
committee, staff, and Davis Partnership/Michael Hazard Associates to be used
as a guide for future land uses on the Chamonix Parcel.
On August 2, 2005, the Vail Town Council voted 6-1-0 (Donovan opposed) to
approve Ordinance No. 17, Series of 2005, on first reading.
111. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 17, Series of 2005, upon second reading, with
the following findings:
1. That the proposed amendments further the purpose and intent of
the Vail Land Use Plan;
2. That the proposed amendments promote the health, safety,
morals, and general welfare of the Town of Vail; and
3. That the proposed amendments promote the coordinated and
harmonious development of the Town of Vail in a manner that will
conserve and enhance its natural environment and its established
character as a resort and residential community of high quality.
IV. ATTACHMENTS
A. Ordinance No. 17, Series of 2005
B. Vicinity Map
C. Chapter VII -Community Facilities, 1 Inventory and Assessment of Town
Owned Property, Coarse Screen of Sites, Vail Land Use Plan
D. TABLE OF CONTENTS, Vail Land Use Plan
E. Figure 5-W, Vail Land Use Plan, with proposed amendment
F. Proposed APPENDIX F, Land Use Plan for the Chamonix Parcel
2
Attachment A
ORDINANCE NO. 17
Series of 2005
AN ORDINANCE AMENDING CHAPTER VII, PART 1, INVENTORY AND ASSESSMENT OF
TOWN OWNED PROPERTY, VAIL LAND USE PLAN, PURSUANT TO CHAPTER VIII, PART 3B,
PLANNING AND ENVIRONMENTAL COMMISSION OR TOWN COUNCIL AMENDMENTS, VAIL
LAND ISE PLAN, TO ALLOW FOR AN AMENDMENT TO ADD THE CHAMONIX PARCEL AS
TRACT 43 IN THE INVENTORY AND ASSESSMENT OF TOWN OWNED PROPERTY, CHAPTER
VII, PART 1, VAIL LAND ISE PLAN; ADD THE LAND USE PLAN FOR THE CHAMONIX PARCEL
AS APPENDIX F, VAIL LAND USE PLAN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, amendments to the Vail Land Use Plan are permitted pursuant to parameters
set forth for such in Chapter VII, Part 1 of the Vail Land Use Plan of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held public
hearings on January 24, 2005, and again on June 27, 2005, following which the Planning and
Environmental Commission forwarded a recommendation of approval to the Vail Town Council of
the proposed amendments based on the criteria and findings presented in the staff memorandum;
and
WHEREAS, staff is proposing to add the Chamonix Parcel to the list of public properties
contained in the Inventoryand Assessment of Town Owned Property, Chapter VII, Part 1, Vail Land
Use Plan; and
WHEREAS, staff is proposing to add the Land Use Plan for the Chamonix Parcel as
Appendix F of the Vail Land Use Plan; and
WHEREAS, Chapter VII, Part 2, FacilityService Requirements, Fire Protection, Vail Land
Use Plan, states that an additional -fire station is warranted to serve the West Vail Area; and
WHEREAS, the Medium Density Residential land use designation, which the Chamonix
Parcel is designated, has fire stations listed as a permitted use under such categorization; and
WHEREAS, the Town Council convened a neighborhood committee comprised of citizens
and elected officials and commissioned a study to be performed which led to the establishment of
Ordinance No. 17, Series 2005
this ordinance; and
WHEREAS, the Town Council finds that the proposed tee amendment furthers the
general and specific purposes of the Vail Land Use Plan, and those of Title 12, Zoning
Regulations, Vail Town Code; implements and achieves the applicable elements of the adopted
goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; demonstrates how conditions have substantially
changed since the adoption of the subject plan; and provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal development
objectives; and
WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and
welfare to adopt this amendment to the Vail Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The proposed text amendments are as follows:
(Deletions are shown in s#il<~additions are shown bold)
Chapter VII -Community Facilities, 1 Inventory and Assessment of Town
Owned Property, Coarse Screen of Sites
Tract 43 -Chamonix Parcel
The 3.6 acre Chamonix Parcel has been identified for the location of a
fire station as the primary use on the site and which may include other
Town of Vail uses. Secondary uses on the site include a medium
density residential development, recreational areas, and open space
buffers. A Land Use Plan depicting the location of the future uses has
been prepared as the result of a comprehensive planning process and
is included as Appendix F of this document.
TABLE OF CONTENTS
(...)APPENDIX E
APPENDIX F CHAMONIX PARCEL LAND USE PLAN
Ordinance No. 17, Series 2005 2
Figure 5-W
Appendix F, Land Use Plan for the Chamonix Parcel
Section 2. If any part, section, subsection, sentence, clause or phrase ofthis
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 anyother action or
proceeding as commenced under or byvirtue 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 thereo#
inconsistent herewith are repealed to the event only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereo# theretofore
repealed.
Ordinance No. 17, Series 2005 3
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of August, 2005 and a public
hearing for second reading of this Ordinance set for the 16th day of August, 2005, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of
August, 2005.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No: 17, Series 2005 4
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Attachment: C
CHAPTER VII - COMMUNITY FACILITIES
1. Inventory and Assessment of Torun Awned Property
The initial section of the study provides a general evaluation of the suit-
ability of the numerous town owned sites to accommodate development. The
term development is used in its generic sense in that land which may
currently be void of any activity or could be improved or developed to
accommodate a public or private use.
An initial screening of the properties is presented in which the site and
location is presented. The physical character of .the site is briefly
described as is its current use. Finally, an assessment of the suitability
of a site is based on a number of factors including the following:
- Size. The site may be too small to accommodate any active or passive
function.
- Physical Constraints . The _si to .may be subject to flooding, may con-
tain geologic hazards or severe slope conditions.
- Accessibility. The site may contain significant limitations o.n access
which may suggest only certain types of use.
i
Existing Use
There may be an existing public use on the site which is providing a valu-
able service to the community and .likely not to change. ~ (Note: for pur-
poses of this assessment, the planning horizon of the Year 2000 is used as
the basis for commenting on future needs of the community.)
Restrictions on Use
A number of parcels of land which have been deeded to the Town of Vail con-
tain convenant restrictions~as to their use. These restrictions could pre-
clude certain activities and dictate site utilization.
This initial evaluation would be termed a coarse screening of the town
properties: The intent is to identify those parcels .which are likely not
to change from their current use or activity and to eliminate them from
further discussion. Conversely, those tracts of land which do represent
opportunities for change or development will be analyzed further for their
potential.
Coarse Screen of Sites
_ Following is a listing of identified Town of Vail owned properties and
comments as to their character and suitability. The parcels are numbered
generally from the east part of the community to the west and are located
on Figure 5 - Inventory of Town Properties.
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TABLE OF CONTENTS
Attachment: D
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CHAPTER I INTRODUCTION ~--
1
.CHAPTER II LAND USE PLAN GOALS 6
CHAPTER III
OPPORTUNITIES ANO CONSTRAINTS"`- --
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CHAPTER
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EXISTI!aG LAND USE :_~;~. . :,
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SOCIOECONOMIC PROFILE.
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CHAPTER VI PROPOSED LAND USE ~~- s~
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CHAPTER
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COMMUNITY FACILITIES >~
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CHAPTER. VIII IMPLEMENTATION
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APPENDIX
A
C0;•C4UNITY QUESTIONNAIRE - SUhV•1ARY
RESULTS
A-1 ,.
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APPENDIX B ADDITIONAL GOALS
B-1 - 2 -
APPENDIX C ADDITIONAL SOURCES
C-1 ~.
APPENDIX D ECONOMIC AND DEMOGRAPHIC OVERVIEiJ D-1 - 12 •
APPENDIX E TOWN OF VAIL FORECAST r4ETHUDOLOGY E-1 - 16
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Town Owned Property
L1 Land Use Plan Summary:
The land use plan defines four areas on the Chamonix property. The blue area defines the proposed fire station location. The
fire station is located on the southernmost portion of the site so it will have the lowest impact to the existing residential
neighbofiood. Its uses are similar to the existing heavy service uses along the North Frontage Road.. The yellow area defines
a development zone that would be used as a transition zone between the heavy service district to the south and the residential
neighborhood to the north. This development zone could include medium density residential uses. The orange areas define
zones for recreational use that could include small parks or open space. The green zone defines an open space buffer that
would blend the development zone and the fire station into the existing neighborhood.
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Attachment F
ORDINANCE NO. 18
SERIES OF 2005
WHEREAS, Vail Resorts Development Company has submitted an application for a text
amendment to the Lionshead Mixed Use 1 zone district to allow for multiple attached
accommodation units within dwelling units located in the Lionshead Mixed Use 1 zone district,
subject to the issuance of a conditional use permit; and,
WHEREAS, the Zoning Regulations currently allow only one attached accommodation unit
per dwelling unit; and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a
public hearing on the proposed amendments in accordance with the provisions of the Vail Town
Code; and,
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of these amendments at its June 27, 2005, public hearing and has
submitted its recommendation to the Town Council; and,
WHEREAS, the Vail Town Council finds that the amendments are consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town; and,
WHEREAS, the Vail Town Council finds that the amendments further the general and
specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code;
and,
WHEREAS, the Vail Town Council finds that the amendments promote the health, safety,
morals, and general welfare of the Town and promote the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural environment and its established
Ordinance No. 18, Series of 2005
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Title 12, Zoning Regulations, to
allow for multiple attached accommodation units within dwelling units located in the Lionshead
Mixed Use 1 zone district subject to the issuance of a conditional use permit, and setting forth
details in regard thereto.
Section 2. Section 12-2-2 Definitions of Words .and Terms, Section 12-7H-2 (C)
Conditional Uses, Section 12-7H-3 (C) Conditional Uses, Section 12-7H-4 (A) Permitted Uses,
Section 12-7H-12, Density, (Dwelling Units PerAcre),and Section 12-10-10 Parking Requirements
Schedules, Vail Town Code, shall hereby be amended as followings: (deletions are shown in stye
# and additions are shown in bold)
Section 12-2-2 Definitions of Words and Terms
Accommodation Unit, Attached:
A room, without kitchen facilities, connected to a dwelling unit within a multiple family
building designed for or adapted to occupancy by guests which is accessible from a
common corridor, walk, or balcony without passing through another accommodation
unit, attached accommodation unit, or dwelling unit.
Section 12-7H-2 (C) Conditional Uses:
The following uses shall be permitted in basement or garden levels within a structure,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Accommodation Units
Attached Accommodation Units
Conference facilities and meeting rooms.
Liquor stores.
Lodges
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling
units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title).
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection, in
accordance with the provisions of Section 12-3-4 of this Title.
Section 12-7H-3 (C) Conditional Uses:
Ordinance No. 18, Series of 2005 2
The following uses shall be permitted on the first floor or street levels within a structure,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Accommodation Units
Attached Accommodation Units
Conference facilities and meeting rooms.
Liquor stores.
Lodges
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling
units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title).
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection, in
accordance with the provisions of Section 12-3-4 of this Title.
Section 12-7H-4 (A) Permitted Uses:
Permitted Uses; Exception: The following uses shall be permitted on those floors above
the first floor within a structure:
Accommodation Units
Attached Accommodation Units
Lodges
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type III (EHU) as provided in chapter 13 of
this title).
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
12-7H-12: Density (dwelling units per acre):
Up to a thirty three percent (33%) increase over the existing number of dwelling units on a
property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For
the purpose of calculating density, employee housing units; accommodation units, attached
accommodation units, time share units, and fractional fee club units shall not be counted
as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as
twenty five percent (25%) of a dwelling unit for the purpose of calculating density.
Section 12-10-10: PARKING REQUIREMENTS SCHEDULES:
Off street parking requirements shall be determined in accordance with the following
schedules:
A. Schedule A applies to properties within Vail's "Commercial Core Areas" (as defined
on the town of Vail core area parking maps I and II, incorporated by reference and available
for inspection in the office of the town clerk):
Use Parking Requirements
accommodation unit (includes time-share
units, fractional fee units, and other
Ordinance No. 18, Series of 2005 3
forms of interval ownership units)
Dwelling unit
Dwelling unit with one attached
accommodation unit
Dwelling unit with more than one
attached accommodation unit
Hotels with conference facilities
or meeting rooms
Banks and financial institutions
Eating and drinking establishments
Medical and dental offices
Other professional and business offices
Recreational facilities, public or private
Retail stores, personal services and
repair shops
0.7 spaces per accommodation unit
1.4 spaces per dwelling unit
1.4 spaces per dwelling unit
1.4 spaces per dwelling. unit plus
0.7 spaces for each additional
attached accommodation unit
0.7 spaces per accommodation unit,
plus 1.0 space per 330 square feet of
seating floor area devoted to
conference facilities or meeting rooms
3.7 spaces per 1,000 square feet of
net floor area
1.0 space per 250 square feet of
seating floor area; minimum of 2
spaces
2.7 spaces per 1,000 square feet of
net floor area
2.7 spaces per 1,000 square feet of
net floor area
Parking requirements to be
determined by the planning and
environmental commission
2.3 spaces per 1,000 square feet of
net floor area
Theaters, meeting rooms, conference
facilities 1.0 space per 165 square feet of
seating floor area
Any use not listed Parking requirements to be
determined by the planning and
environmental commission
Section 3. If any part, section; subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Ordinance No. 18, Series of 2005 4
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.
Ordinance No. 18, Series of 2005 5
i
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of August, 2005, and a public
hearing for second reading of this Ordinance set for the 16~' day of August, 2005; at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Lorelei Donaldson, Town Clerk
Rodney E. Slifer, Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 16~' day of August, 2005.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 18, Series of 2005 6
Rodney E. Slifer, Mayor
FINAL DRAFT - DATED 8/10/05
INFORMATION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into on this day of August, 2005, by
the TOWN OF VAIL, a Colorado municipal corporation (the "Town") and VAIL INFO, INC., a
Colorado corporation ("Vail Info").
RECITALS
WHEREAS, the Town has a vital interest in its economic health and sustainability; and
WHEREAS, the The Town of Vail Home Rule Charter and the Colorado Revised Statutes
provide the Town with the power to appropriate money for the purpose of advertising the business,
social and educational advantages, the natural resources and the scenic attractions of the Town; and
WHEREAS, the Town has solicited proposals for operators of the Town's two (2) Visitor
Information Centers (the "Centers"), which are located in the Vail Village and LionsHead parking
structures; and
WHEREAS, the Town wishes to retain the services of Vail Info to operate and manage the
Centers and to collect and dispense information to the general public related to tourist attractions,
lodging and other related matters for the purpose of attracting increased tourist visitation to the Town
of Vail; and
WHEREAS, Vail Info wishes to provide the above-referenced services for the Town subject
to the terrns and conditions herein.
NOW, THEREFORE, in consideration of the above premises and the mutual covenants and
agreements set forth herein the parties agree as follows:
I. SCOPE OF SERVICES
Vail Info will manage the Centers in accordance with the operational standards contained in
the Request for Proposals dated April 20, 2005, attached hereto as Exhibit A, and incorporated
herein by reference. Any changes to the operational standards will occur through consultation
between Vail Info and the Town. Vail Info agrees to perform the Scope of Services in accordance
with the approved budget.
Vail Info Center Agreement 1
FINAL DRAFT - DATED 8/10/05
Neither Vail Info nor its employees aze authorized to accept gifts or other forms of
compensation from any businesses as a result of Vail Info's operation of the Centers, including, but
not limited to commissions for booking lodging and activities:
II. INFORMATION AND SERVICES PROVIDED BY VAIL INFO
A. Vail Info will operate the Centers located in the Vail and LionsHead parking
structures.
B. The Centers will be staffed and the hours of operation shall be as set forth in the
attached Exhibit B, which is attached hereto and made a part hereof by reference. A
traffic flow report documenting visitor traffic by hours shall be supplied. The parties
hereby agree to cooperate to make any adjustments in scheduling or staffing deemed
necessary in order to better serve the customer; as long as such changes aze within the
scope of the contracted hours.
C. Vail Info shall provide, through the Centers, the following information and services
to the general public.
1. Information relating to all current events and activities in the Town of Vail
and maintain such information on the designated special events web page.
2. Information regazding the physical layout of the Town of Vail and from time
to time as needed, directions to the location of things and activities within the
Vail resort community.
3. Display informational material and brochures for Town of Vail business
license holders in the Centers, and generally act as a clearing house for all
such Vail information. Because the primary purpose of the Centers is to
mazket and promote the assets of the Town of Vail, any publications
displayed must include "Vail" in either the title of any document displayed or
in the content. The Town Manager of the Town of Vail shall have sole
discretion as to what advertisements and/or publications aze acceptable for
display in the Centers, and which comply with the "Vail Only" policy
discussed below. In addition, the Town shall reserve the right to deny anyone
the opportunity to display any publication or advertising material which does
Vail Info Center Agreement 2
FINAL DRAFT - DATED 8/10/05
not further comply with the "Vail Only" policy as determined by the Town
Manager.
4. Vail Info shall operate a lodging reservation service for Town of Vail rental
properties only. In operating the Centers Vail Info hereby expressly agrees
that it shall not book any lodging properties outside, the Town of Vail town
limits as required by the "Vail Only" policy, which is attached as Exhibit C
and incorporated herein by reference.
5. Vail Info may operate an activities desk within the Centers for the purpose of
booking activities provided by Vail area businesses. If a non-profit activity or
activity not found in the Town of Vail, such as horseback riding,
snowmobiling or dog sledding is requested, Vail Info may dispense
information and book reservations.
6. Vail Info, in consultation with the Town, will sell Town of Vail sponsored
items that help to market the Town of Vail to the general public.
7. Vail Info will provide services, via the Centers, to all Vail business license
holders in an equal non-discriminatory fashion. Vail Info agrees to meet all
the requirements of the applicable town, state, and federal laws respecting
non-discrimination.
8. Vail Info will maintain a daily log of all referrals made through the Centers,
which will be available for public inspection during normal business hours.
9. Vail Info shall fulfill tourist information requests in a timely fashion to meet
and exceed customer expectations.
10. Any materials, such as, but not limited to, visitor oriented fact sheets, walking
tours, tips on how to spend a day in Vail, etc. produced for the Visitor Center
shall become the property of the Town of Vail upon termination of this
Agreement.
III. CONSIDERATION
The Town agrees to compensate Vail Info for its services pursuant to this Agreement as set
forth below:
Vail Info Center Agreement 3
FINAL DRAFT - DATED 8/.10/05
The sum of ONE HUNDRED NINETY EIGHT THOUSAND THREE HUNDRED NINETY
FIVE DOLLARS AND SEVENTY FIVE CENTS ($198,395.75) payable in four payments of
FORTY NINE .THOUSAND FIVE HUNDRED NINETY EIGHT DOLLARS AND SEVENTY
FIVE CENTS ($49,598.75) each. The first installment will be paid at the time this Agreement is
executed. The second, third and fourth payments will be paid on January 1, 2006, April l , 2006 and
July 1, 2006. Funding for January 1, 2006 through September 30, 2006, is subject to annual
appropriation by the Town. The compensation provided for above shall only apply to the first term
of this agreement, from. October 1, 2005, to September 20, 2006, and shall not apply to renewal
terms, if any. Any renewal term shall be negotiated as a separate Agreement.
In addition to the compensation stated above, Vail Info shall also receive:
Six (6) -Blue Parking Passes for Vail Info employees; and
Eight (8) -Blue Parking Passes for Information Center volunteers who agree to
donate a minimum of 80 hours during the year.
IV. 2005/2006 BUDGET AND CAPITAL INVESTMENT
Operating Revenue:
Town of Vail Contract $ 196,205
Merchandise Sales $ 2,190
Total Revenue $ 198,395
Operating Expenses:
Accounting $ 2,500
Cleaning $ 5,600
Internet access $ 1,200
Office Supplies & Postage $ 5,000
Staffing (including taxes & benefits) $1 76,300
Merchandise $ 1,095
TOV Required Insurance $ 3,700
Total Contract Expenses $195,395
Town of Vail will assume cost of annual performance measurement in the form of a secret
shopping service as well as inclusion of a customer satisfaction survey in the town's annual
mailing to business license holders. Vail Info will assume cost of guest satisfaction
measurements.
Vail Info Center Agreement 4
FINAL DRAFT - DATED 8/10/05
Capital Expenses:
Furniture $3,000
Total Contract Capital Expenses $3,000
Total Contract Operating & Capital Expenses combined:
$198,395
The Town of Vail will provide the following infrastructure:
Proprietary Booking & Referral System &
2 Public Computer stations $20,000
Internet Hosting $ 1,150
IT Maintenance $ 3,333
Telephone $ 5,250
V. RESERVATION AND INFORMATION SYSTEMS
A proprietary web based reservation system will be developed and maintained by Bishop
WebWorks of Edwards, CO. A separate agreement will be executed between the Town,
Vail Info and Bishop WebWorks outlining the scope, functionality, pricing,
performance and support aspects of this system. The web site, source code, and URL will be
the property of the Town.
The Town of Vail Information Technology Department will be responsible for
designing, installing and maintaining all computer, phone, and Internet systems for Vail Info.
In exchange for said service, all computer equipment and phone systems (including DID
numbers) shall remain the property of the Town.
VI. ADMINISTRATIVE CONTROL OF FUNDS
1. A. Vail Info shall keep or cause to be kept true, accurate and complete accounting
records of all business and financial transactions relating to the aforementioned
functions and shall make such records available to the Town upon reasonable request
therefore without delay and without expense. Vail Info agrees that the Town shall
have the right through its duly authorized employees, agents or representatives, to
examine all pertinent .records at any and all reasonable times for the purpose of
Vail Info Center Agreement 5
FINAL DRAFT - DATED 8/10/05
determining compliance with the terms of this Agreement.
B. Vail Info shall provide a monthly report of bookings, detailing lodges booked and
value of bookings. The Town of Vail may conduct an audit of the bookings as well
as the systems and procedures used to generate bookings. The cost of such an audit
will be borne by the Town.
C. Vail Info shall submit to the Town, for its review their audited financial statement by
July 1, 2006. The expense of this audit shall be paid by Vail Info as an expense of
administration.
VII. CHANGE IN OPERATION
The Town has.the right to discontinue or modify operation of the LionsHead Visitor Center
facility and agrees to give notice to Vail Info on or before Mazch 1, 2006, regazding
operational status for the remainder of the one-year contract period. If the LionsHead
operation is determined to be closed or modified, the Parties agree to adjust future payments
accordingly.
VIII. TERM
This Agreement shall become effective on October 1, 2005, and shall terminate on
September 30, 2006. A six (6) month review of operations will be conducted by the Town,
and if the performance of Vail Info is determined to be unsatisfactory, in the Town's sole
discretion, the Town may terminate the contract at that time. At the end of the first term of
this Agreement, if all the terms of this Agreement have been met, this Agreement maybe
renewed for an additional one-yeaz term beginning October 1, 2006 and ending September
30, 2007. Vail Info shall give notice of its intent to renew, or not, at least three (3) months
prior to the expiration of the first term and any renewal term. If at the end of the first renewal
term, Vail Info has met all of the terms and conditions of this Agreement, a second one-year
term beginning October 1, 2007 and ending September 30, 2008 maybe granted. The parties
agree that the fee paid to Vail Info for services under any renewal term may be renegotiated
by the parties as set forth in Section III above, based upon the actual cost of operating the
Centers for the initial term and/or any renewal term.
Vail Info Center Agreement 6
FINAL DRAFT - DATED 8/10/05
IX. PERSONNEL
A. Vail Info agrees that the principal personnel responsible for the performance of this
Agreement will be Robert Bank and Mary Ellen Welch. Vail Info further agrees that .
no substitute of this personnel shall be made without the prior written approval of the
Town.
B. Vail Info represents that its personnel engaged in this project are fully qualified and
properly trained to perform the services related to this Agreement.
C. Vail Info will develop a strategy to incorporate volunteer staff to supplement paid
staff for the winter of 2005/2006 and beyond.
X. INDEPENDENT CONTRACTOR
Vail Info is an independent contractor, and nothing contained in this Agreement shall
constitute or designate Vail Info or any of its employees as agents (except as expressly set
forth in this Agreement) or employees of the Town. Further, it is agreed that:
A. The Town does not require Vail Info to work exclusively for it;
B. The Town, for whom the services are to be performed, does not establish a quality
standard for Vail Info except as otherwise contained herein;
C. The Town may supply plans and specifications, but will not oversee the actual work
or instruct Vail Info as to how the work will be performed, except as provided herein;
D. The Town may terminate the Contract, by 14 days written notice without cure by Vail
Info, if Vail Info violates the terms of this Agreement or fails to produce a result that
meets the specifications of the Agreement;
E. The Town does not provide training for Vail Info's employees or workers;
F. The Town does not provide tools or benefits to complete the Agreement although
materials and equipment maybe supplied;
G. The Town does not dictate the time of performance except that a completion
schedule and range of work hours maybe established;
H. Payment for services rendered pursuant to this Agreement will be made to the trade
or business name of the provider of services rather than to the individual;
Vail Info Center Agreement 7
FINAL DRAFT - DATED 8/10/05
I. The Town does not in any way combine its business operations with those of Vail
Info.
VAIL INFO AS AN INDEPENDENT CONTRACTOR, IS NOT ENTITLED TO WORKERS'
COMPENSATION BENEFITS AND THE CONTRACTOR IS OBLIGATED TO PAY FEDERAL
AND STATE INCOME TAX ON ANY MONIES EARNED.
XI. MAINTENANCE AND REPAIR. The Town owns the Centers and shall be responsible for
their condition, care and upkeep, and the costs associated with same. Vail Info shall take good care
of the premises and the fixtures and improvements therein, including, without limitation, any
storefront, doors, plate glass, windows, heating and air conditioning system, plumbing, pipes
electrical wiring and conduits, and shall promptly notify the Town of problems or maintenance
required which shall be performed as soon as possible at the Town's expense..
A. Vail Info Responsibilities:
1. Provide j anitorial and other services necessary to maintain the interior premises in
a clean and orderly condition, to include window cleaning at least twice during
the term of this Agreement. Such services will be paid for by Vail Info with
funds provided by the Town and set forth in the Operating Budget.
2. Daily monitoring of the vestibule area to maintain a neat, orderly appearance and
to ensure a supply of "Vail First" brochures and publications are available.
3. Vail Info shall take good care of the premises and the fixtures and improvements
therein and promptly notify the Town of Vail Facilities Maintenance Supervisor
at 479-2170 of any building repair needs which shall be performed as soon as
possible at the Town's Expense.
B. Town Responsibilities:
1. The Town shall maintain the building structures and fixtures in first class
condition and respond promptly to requests for building repairs.
2. The Town will provide snow removal and exterior trash pick up.
3. The Town agrees that it will furnish at no cost to Vail Info the necessary repairs, .
electricity, heating, lighting and water for premises.
4.
Vail Info Center Agreement 8
FINAL DRAFT - DATED 8/10/05
XII. INSURANCE
Vail Info shall obtain and maintain in force for the term of this Agreement the following
insurance:
A. Comprehensive general liability insurance policy, including products liability, with
limits of not less than one million dollars ($1,000,000.00) per occurrence and not less
than two million dollars ($2,000,000.00) general aggregate for bodily injury or death
of any person or persons or damage to .property. All such policies shall contain a
provision that the same may not be canceled or materially changed or altered without
first giving thirty (30) days prior written notice to the Town.
B. Worker's Compensation and employer liability in accordance with the Worker's
Compensation Act of the State of Colorado for employees doing work in Colorado in
accordance with this Agreement.
C. The above coverages shall be obtained from companies acceptable to the Town.
Certificates of Insurance evidencing coverage shall be furnished to the Town at the
time of the signing of this Agreement. The general liability policy shall include the
Town as an additional named insured by policy endorsement.
XIII. NO WAIVER•
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver
of any other provision of this Agreement, nor shall such waiver constitute a continuing
waiver unless otherwise expressly provided, nor shall the waiver of any default of the terms
of this Agreement be deemed a waiver of any subsequent default.
XIV. TERMINATION
The performance of the work provided for in this Agreement may be terminated with thirty
(30) days notice, in whole or, from time to time, in part by the Town for its convenience.
Any such termination shall be effected by delivery to Vail Info of a written notice specifying
the date upon which termination becomes effective. This Agreement may also be
terminated by Vail Info with thirty (30) days notice; in whole by Vail Info for its
convenience. Any such ternnation shall be effected by delivery to the Town of a written
notice specifying the date upon which termination becomes effective. In the event of
Vail Info Center Agreement 9
FINAL DRAFT - DATED 8/10/05
termination, Vail Info shall bepaid on apro-rata basis for work satisfactorily completed prior
to the date of termination and for expenses prior to the date of termination. Upon the
expiration or other termination of this Agreement, Vail Info shall promptly quit and surrender
to the Town the two Centers, broom cleaned, in good order and first class condition, ordinary
wear excepted.
XV. JURISDICTION, VENUE AND ATTORNEYS FEES
The jurisdiction and venue of any suit or cause of action under this Agreement shall lie in
Eagle County, Colorado. If it becomes necessary to bring any cause of action to enforce the
terms of this Agreement, the prevailing party shall be awazded its legal costs including
reasonable attorney fees.
XVI. POINT OF CONTACT
Any points of contact for both parties and any notice provided for in this Agreement shall be
deemed given upon receipt if hand delivered or mailed, Certified Mail, Return Receipt
Requested, to the respective parties at the addresses below:
Town Manager
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Ph. 970/479-2105
Vail Info, Inc.
P.O. Box 4503
Vail, Colorado 81658
Attn: Robert Bank
Ph. 970 476-6171
XVII. ASSIGNMENT
This Agreement is for expert services of Vail Info and may not be assigned
without the prior written consent of all parties to this Agreement.
XVIII. COMPLIANCE WITH LAW
Vail Info will not perform any of the services provided specified in this Agreement contrary
to any local, state, or federal law.
XIX. SEVERABILITY
Vail Info Center Agreement 10
FINAL DRAFT - DATED 8/10/05
Should any section of this Agreement be found to be invalid, all other sections shall remain
in full force and effect as though severable from the part invalidated.
XX. INTENTION OF THE PARTIES
This Agreement contains the entire intention of the parties and may only be changed by a
written document signed by the parties hereto.
XXI. EXHIBITS
All Exhibits to this Agreement which are referenced by the provisions hereof as being
attached hereto aze deemed incorporated herein by this reference and made a part hereof.
XXII. RULES OF CONSTRUCTION
The headings which appear in this Agreement aze for purposes of convenience and reference
and aze not in any sense to be construed as modifying the paragraphs in which they appeaz.
Each party hereto acknowledges that it has had full and fair opportunity to review, make
comment upon, and negotiate the terms and provisions of this Agreement, and if there arise
any ambiguities in the provisions hereof or any other circumstances which necessitate judicial
interpretation of such provisions, the parties mutually agree that the provisions shall not be
construed against the drafting party, and waive any rule of law which would otherwise
require interpretation or construction against the interests of the drafting party. References
herein to the singular shall include the plural, and to the plural shall include the singular, and
any reference to any one gender shall be deemed to include and be applicable to all genders.
The titles of the paragraphs in this Agreement are for convenience of reference only and aze
not intended in any way to define, limit or prescribe the scope or intent of this Agreement.
XXIII. ADDITIONAL ASSURANCES
The parties agree to reasonably cooperate to execute any additional documents and to take any
additional action as may be reasonably necessary to carry out the purposes of this Agreement.
Vail Info Center Agreement 11
FINAL DRAFT - DATED 8/10/05
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made
the day and year first above written.
TOWN OF VAIL, a Colorado
municipal corporation
By:
Stan Zemler, Town Manager
Attest:
By:
Lorelei Donaldson, Town Clerk
VAIL INFO, INC.,
a Colorado for-profit corporation
By:
Robert Bank
Its:
By:
Mary Ellen Welch
Its:
Vail Info Center Agreement 12
FINAL DRAFT - DATED 8/10/05
State of Colorado )
ss:
County of Eagle )
Subscribed to and affirmed before me by Robert Bank, the
Inc., in the county of , state of Colorado, this
2005.
(Seal)
of Vail Info,
day of ,
Notary Public
My commission expires
State of Colorado )
ss:
County of Eagle )
Subscribed to and affirmed before me by Mary Ellen Welch the
Info, Inc., in the county of ,state of Colorado, this
2005.
(Seal)
Notary Public
My commission expires
of Vail
day of
Vail Info Center Agreement 13
FINAL DRAFT - DATED 8/10/05
Exhibit A
Info Center Proposal
[In order to save paper, this page not included.
Contact Suzanne Silverthorn for a copy]
Vail Info Center Agreement 14
FINAL DRAFT - DATED 8/10/05
EXHIBIT B
STAFFING
Month
October
November
Late November.
December
January
February
March
April
Late April
May
June
Late June
July
August
Early
September
September
Training
Actual Total Open
Days Hrs/Booth Hrs/Booth/Day Hrs/Month
31 10-2/12-6 10 310
17 10-2/12-6 10 170
13 9-5 16 208
31 9-5 . 16 496
31 9-5 16 496
28 9-5 16 448
31 9-5 16 496
23 9-5 16 368
7 10-2/12-6 10 70
31 10-2/12-6 10 310
9 10-2/12-6 10 90
21 9-8 22 462
31 9-8 22 682
31 9-8 22 682
7 9-8 22 154
23 10-2/12-6 10 230
14 8 112
Staffed .
Hrs/Month Staffing Notes
410 Wkends, +1/2 time each booth
190 .. ........
240 ..........
Wkends, +1/2 till 18th, 2xs 19th
704 - 31
496 1 only operating hrs
448 1 only operating hrs
704 Fri,Sat,Sun double
432 1st 2 wkends double
70 1 only operating hrs
310 1 only operating hrs
90 1 only operating hrs
462 1 only operating hrs
Wkends $ 4th week double,
992 +1/2 rest of month
968 Wkends double, thur 8 fri +1/2
1'94 double 1 wkend
230 1 only operating hrs
112 cut hrs in half to lower bid
379.00 252 5784
Booth Hrs
7052 TOTAL STAFF HOURS
Vail Info Center Agreement 19
.~
FINAL DRAFT - DATED 8/10/05
EXHIBIT C
Vail Visitor Center Policies
Lodging: Vail Only Policy
The Vail Visitor Center's policy is to only book and offer
information on lodging located within the Town of Vail. If the
guest specifically requests information on lodging outside of the
Town of Vail, the Visitor Center staff may direct the guest to a
phone book where. they can look up the property's phone
number. The Vail Visitor Centers are not to book any
accommodations that are not located within the Town of Vail.
Activities: Vail First Policy
The Vail Visitor Center's policy is to first and foremost offer
visitors information on the amenities and activities offered
within the Town of Vail. If the guest's request does not exist.
within the Town of Vail, a comparable amenity within the Town
of Vail should be offered. If this still does not accommodate the
guest's needs, it is appropriate to offer a business within the
Vail Valley but not within the Town of Vail in order to display
excellent customer service. This does not apply to lodging.
It is acceptable to offer guests information on activities and non-
profit events that are not based within the Town of Vail.
The Visitor Center Staff may give directions to locations .outside
of the Town of Vail when specifically requested by the guest.
Vail Info Center Agreement 16
~nnw~oeuaic
JUNE 2005
VAIL BUSINESS REVIEW
August 11, 2005
The June Vail Business Review breaks down the four percent sales tax collected for June and year to date
through June.
Overall June sales tax increased 13.5% with Retail increasing 14.2%, Lodging increased 19.4%, Food and
Beverage increased .6% and Utilities/Other (which is mainly utilities but also includes taxable services and
rentals) increased 25.1%. Year to date through June resulted in a 6.6% increase overall with Retail
increasing 6.5%, Lodging increased 7.4%, Food and Beverage increased .4% and Utilities/Other increased
17.9%.
Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the
Internet at www.vail og v.com. You can subscribe to have the Vail Business Review and the sales tax
worksheet e-mailed to you automatically from www.vail og v.com. We have combined the Town of Vail and
Conference Center remittance forms into one form. On www.vail ov.com the form automatically
calculates. You enter your information, print the form and mail it with your check.
Please remember when reading the Vail Business Review that it is produced from sales tax collections, as
opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970)
479-2119.
Sincerely,
n n `~~
t~.~C.~
Sally Lorton
Sales Tax Administrator
,,
June 2005 SALES TAX
VAIL VILLAGE
June June June
2004 2005
.._.._
Retail
Lodging
Food &
Beverage
Other
Total
~oiiections Voiiections mange
95,380
93,365 1
-2.1 %,
65,202 89,973 38.0%,
115,076 118,048 2.6%
5,685 5,034 -11.5%
~l
I
281,343 306,420 °
8.9 /°
LIONSHEAD
June June June
2004 2005
Collections
__ Collections
- _- -- Change
Retail 21,509 17,639 -18.0%
Lodging 53,896 40,033 -25.7%
Food &
Beverage 33,870 23,335 -31.1
Other ~ 4,212 3,789 -10.0%
i _ _ _- -- -- _ _ - __ _ --
Total ~ 113,487 84,796 -25.3%
r-
June 2005 SALES TAX
:ASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VA/L
June. June June
2004 2005
Collections Collections Chan e
Retail 113,922 113,329 -0.5%
Lodging 30,337 50,214 ' X65:5%
Food &
Beverage ~ 48,108- 56,725 17.9%
Other 3;226;-, 5,217 61.7%
Total ~ 195,593 225,485 15.3%
OUT OF TOWN
Retail
Lodging
Food &
Beverage
Utilities &
Other
Total
June June
2004 2005
Collections Collections
27,000 70,006
1,887 445
306
112,499
141, 692
421
143,114
213,986
June
Change _
159.3%
-76.4%
37.6°/a
27.2%
51.0%
June 2005 SALES TAX
TOTAL
June June June
2004 2005
Collections Collections Chan e
Retail 257,811 294,339 14.2%
Lodging ~ 151,322 180,665 19.4%
Food &
Beverage 197,360 198,529 0.6%
Utilities & 125.,622 157,154 25.1%
Other
Total 732,115 830,687 13.5%
RETAIL SUMMARY
June
2004
Collections June
2005
Collections June
%
Change
FOOD 89,919 86,028 -4.3%
LIQUOR 16,312 16,976 4.1%
APPAREL 34,843 31,953 -8.3%
SPORT 40,417 40,633 .5%
JEWELRY 15,701 14,239 -9.3%
'GIFT 6,657 7,097 6.6%
GALLERY 1, 844 2,152 16.7%
OTHER 51,676 94,828 83.5%
HOME 442 433 -2.0%
OCCUPATION
TOTAL 257,811 294,339 14.2%
June YTD 2005 Sales Tax
VAIL VILLAGE
June YTD June YTD June YTID
2004 2005
.._.._ ..
Retail
Lodging
Food &
Beverage
Other
Total
~.viieciions ~oiiections c:nange
1,434,738 1,504,084 4.«3%
1,486,504 1,537,326 3.4%
1,327,612 1,332,864 O.rt%
~ 56,873 51,398 -9.1~%
4,305,727 4,425,672 2.~3%
LIONSI~EAD
June YTD June YTD June YTD
2004 2005
Collections Collections Chanae
Retail
Lodging
Food &
Beverage
Other
Total
538,251 544,461 1.2`
943,591 1,000,997 6.'i `
346,161
34,772
1,862,775
327,824
38,894
1,912,176
-5.3%
11.~~%
2. ~~%
June YTD 2005 Sales Tax
i4SCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL
June YTD
2004
..
Retail
Lodging
Food &
Beverage
Other
Total
June YTD
2005
..
June YTD
~.un~c~rvns ~.vuecirvns
852,307 869,389
617,241 738,310
347,182
31,252
365,769
27,689
1,847,982
2,001,157
~.nan e
2.o°i°
19.6%
5.4%
-11.4%
8.3%
OUT OF TOWN
Retail
Lodging
Food &
Beverage
Utilities &
Other
Total
June YTD June YTD June YTD
2004 2005
Collections Collections Chan e
167.,216 268,304 60.5%
29,566 27,128 -8.2%
5,046 7,056 39.8%
855,988 1,035,913 21.0%
1,057,816 1,338,401 26.5%
June YTD 2005 Sales Tax
TOT~4L
June YTD
2004
A
Retai I
Lodging
Food &
Beverage
Utilities &
Other
Total
June YTD
2005
A
June YTD
A•
~.vnCC~ic~ns ~.vn~cuvns
2,992,512 3,186,238
3,076,902 3,303,761
2,026,001
978,885
2,033,513
1,153,894
9,074,300
9,677,406
~.nar~9~
6.5%
7.4%
0.4%
17.9%
6.6%
RETAIL SUMMARY
June YTD
2004
Collections June YTD
2005
Collections June YTD
%
Change
FOOD 637,421 655,937 2.9%
LIQUOR 140,460 148,757 5.9%
APPAREL 380,391 395,107 3.9%
SPORT 1,184,385 1,272,465 7.4%
JEWELRY 130,428 126,199 -3.2%
GIFT 63,829 64,160 .5%
GALLERY 50,153 19,716 -60.7%
OTHER 400,257 500,389 25.0%
HOME 5,188 3,508 -32.4%
OCCUPATION
TOTAL 2,992,512 3,186,238 6.5%
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: August 16, 2005
SUBJECT: Ordinance No. 16, Series of 2005, an ordinance amending Title 12, Zoning
Regulations, Vail Town Code, to amend the Commercial Service Center (CSC)
District to add "bowling alley" as a .conditional use and to add a definition of a
"bowling alley'.' to the Vail Town Code, and setting forth details in regard thereto.
On April 25, 2005, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Gunion
absent) to forward a recommendation of approval for a proposed text 'amendment to the
Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the
District and to add a definition fora "bowling alley" to the Vail Town Code.
On June 21, 2005, the Town Council tabled the First Reading of Ordinance No. 16, Series of
2005, without hearing any presentation.
On August 2, 2005, the Town Council tabled the First Reading of Ordinance No. 16, Series of
2005, without hearing any presentation.
Attached to this memorandum is a copy of Ordinance 16, Series of 2005. Text which is to be added
is indicated as bold ifalics.
This application to amend the allowable conditional uses for the Commercial Service Center District
and to add a definition for "bowling alley°, was submitted as a part of the proposal to establish SDD
No. 39, Crossroads. As you are aware the application to establish SDD No. 39, Crossroads, has
been withdrawn. Staff believes this may be an opportunity to examine and update the development
standards for the Commercial Service Center District in whole. Should the Town Council choose to
move forward with this application the Community Development Department recommends that the
Vail Town Council approves Ordinance No. 16, Series of 2005, on first reading.
The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 16, Series
of 2005.
ORDINANCE NO. 16
Series of 2005
AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS, VAIL
TOWN CODE, TO CREATE A DEFINITION FORA "BOWLING ALLEY" AND SECTION 12-7E-4,
CONDITIONAL USES, VAIL TOWN CODE, TO ALLOW FOR THE ADDITION OF A "BOWLING
ALLEY" AS A CONDITIONAL USE WITHIN THE COMMERCIAL SERVICE CENTER DISTRICT
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
.~
public hearings on the proposed amendments in accordance with the provisions of the Town
Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this text amendment by a vote of 6-0-0 (Gunion absent) at its April 25,
2005, meeting, and has submitted its recommendation to the Town Council; and
WHEREAS, the Vail Town Council finds that the amendments are consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds that the amendments further the general and
specific purposes of the Zoning Regulations; and
WHEREAS, the Vail Town Council finds that the amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Ordinance No. 16, Series of 2005
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 (Definitions) of the Vail Town Code shall hereby be
amended as follows:
(Text which is to be added is indicated as bold italics.)
BOWLING ALLEY: A recreation and entertainment facility where the sport ofbowling
takes place. A bowling alley may also includes accessory entertainment facilities and
uses such as eating and drinking facilities, retail shops, night clubs, arcade facilities,
billiards, ping pong, darts, meefing rooms, and similar uses.
Section 2. Section 12-7H-4 (Conditional Uses) of the Vail Town Code shall hereby
be amended as follows:
(Text which is to be added is indicated as bold italics.)
Any use permitted by Section 12-7E-3 of this article, which is not conducted entirely
within a building.
Bed and breakfast as further regulated by Section 12-14-18 of this title.
Bowling Alley
Brew pubs.
Child daycare center.
Commercial laundry and cleaning services.
Dog kennel.
Major arcade.
Multiple-family dwellings and lodges.
Outdoor operation of the accessory uses set forth in Section 12-7E-5 of this article.
Private clubs.
Public buildings.
Public park and recreation facilities.
Ordinance No. 16, Series of 2005 2
Public utility and public service uses.
Ski lifts and tows.
Theaters, meeting rooms, and convention facilities.
Type 111 employee housing units (EHU) as provided in Chapter 73 of this title.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4: The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. ,The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
Ordinance No. 16, Series of 2005 3
Y
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of August, 2005, and a public
hearing at 6:00 p.m. for second reading of this Ordinance set for the 6th day of September, 2005,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of
September, 2005.
Rod Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 16, Series of 2005 4
9~r
~- ^ i t
' / AIL
puauc
c $AH~-Y
~~ COMMUNICATIONS
S• POLICE
75 S. Frontage Rd. Vail, CO 81657 (970) 479-2200 Fax (970) 479-2216
To: Pam Brandm er, Assistant Town Manager
From: Paul SrK~+
Date: July 28, 2005
Subject: Amendment to E911 IGA
I am writing this letter on behalf of the Eagle County Eagle County Telephone Service
Authority Board (911 Authority) to request your help in obtaining your Town's approval of
the attached second amendment to the E911 IGA for Eagle County.
As you are aware, Eagle County experienced a 110% increase in 911 trunk fees in 2003
while seeing roughly an $84,000 decline in surcharge revenues for the same period.
This increase coupled with the County's upgrade to Phase 2 wireless and continued
declining revenue has stripped the Eagle County 911 fund of its working capital and
placed a greater financial burden on the user agencies.
To retain the County's fund balance the Eagle County Telephone Service Authority
Board (911 Authority) has been forced to reduce its contributions to the operating budget
of the County's 911 Center in fiscal years 2004 and 2005. This reduction has forced a
corresponding cost increase to the user agencies within the county and required a
temporary reduction in staff in 2005. Clearly the 911 Authority's revenue short fall is now
directly impacting 911 services in Eagle County and forcing an unnecessary financial
burden on the Public Safety agencies within the county.
To help resolve this issue the 911 Authority and Eagle County have recently approached
the PUC requesting a 911 surcharge increase for Eagle County. This increase will bring
the current phone based surcharge of $.70 up to $1.25 per month per phone line.
Additionally, the 911 Authority has recently contracted with 911 Solutions out of
Breckenridge to complete an audit of all phone lines within the county to ensure that the
911 Authority is receiving all revenues that it is entitled to under PUC regulations.
The new surcharge rate coupled with holding the telephone carriers accountable will
ensure the financial solvency of the 911 Authority and its strong commitment to 911
services within the County.
To assist in this matter the 911 Authority is requesting that the Mayor of the Town of Vail
endorse the attached "Second Amendment" to the E911 Telephone Service IGA which
provides for the proposed surcharge increase.
I look forward to working with you to resolve this matter as expeditiously as possible. I
can be reached at my office number 970-479-2231 or my cell 970-376-6189.
r
,~. .
`yY ,
~:
;, SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
CONCERNING THE IMPLEMENTATION OF AN "E911 "TELEPHONE SERVICE
THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation
of an E911 Telephone Service ("Second Amendment") is made and entered into this _ day of
2005 by and between the following parties ("Parties"):
1) Board of County Commissioners, County of Eagle, State of Colorado;
2) The Town of Vail, a municipal corporation;
3) The Town of Avon, a municipal corporation;
4) The Town of Eagle, a municipal corporation;
5) The Town of Gypsum, a municipal corporation;
6) The Town of Minturn, a municipal corporation;
7) The Town of Red Cliff, a municipal corporation;
8) The Greater Eagle Fire Protection District, aquasi-municipal corporation;
9) The Gypsum Fire Protection District, aquasi-municipal corporation;
10) Western Eagle County Ambulance District, aquasi-municipal corporation;
11) Eagle County Health Service District, aquasi-municipal corporation f/k/a The Eagle
County Emergency Services Hospital District and the Eagle County Ambulance Service.
WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the
Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish
the Emergency Telephone Service Authority.
WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5)
member board appointed by the Board of County Commissioners and charged with the oversight
and funding of Eagle County's 911 system.
WHEREAS, the original IGA contained a provision requiring that two (2) members of the
Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of
Wolcott and one (1) member be appointed at-large.
WHEREAS, the Authority Board desires more at-large appointments to create a broader
applicant pool for future open Director positions and to ensure qualified membership on its
current Board.
WHEREAS, the Original IGA contained a provision limiting the collection of an emergency
telephone charge to an amount not to exceed seventy cents ($.70) per month despite the statu"tory
authorization of a higher amount pending Public Utilities Commission approval as set forth in
C.R.S. §29-11-102(2)(b).
WHEREAS, the Authority Board desires that the Original IGA be amended to include the same
statutorily authorized collection amounts as set forth in C.R.S. §29-11-102.
WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below.
In consideration of the mutual covenants set forth in the Original IGA and the additional
covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties
agree that this Second Amendment shall replace and supersede those sections of the Original
IGA as stated hereunder.
ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be
deleted in its entirety and replaced with the following:
"ARTICLE 3.1-EMERGENCY TELEPHONE SER VICE A UTHORITY BOARD
The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members
who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners.
One member shall be appointed from east of Wolcott, one member from west of Wolcott, and
three members shall be appointed at-large."
ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced
with the following:
"ARTICLE S. 3 -POWERS OF THE A UTHORITY
Collect an emergency telephone charge in those portions of the service area for which emergency
telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future
applicable statutory provision."
The Parties agree that, except as expressly altered, modified and changed in this Second
Amendment, all terms and provisions of the Original IGA shall remain in full force and effect,
and hereby are ratified and confirmed in all respects as of the date hereof.
If any conflict exists between the provisions of this Second Amendment and the Original IGA,
the provisions of this Second Amendment shall control.
IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the
day and year first above written.
ATTEST: COUNTY OF EAGLE, STATE OF COLORADO
By and Through its Board of County Commissioners
By: By:
Teak J. Simonton Arn Menconi, Chairman
Clerk to the Board of P.O. Box 850
County Commissioners Eagle, CO 81631
ATTEST: TOWN OF VAIL
By: By:
Clerk Mayor
75 South Frontage Road
Vail, CO 81657
ATTEST: TOWN OF AVON
By:
Clerk
ATTEST:
By:
Clerk
ATTEST:
By:
Clerk
By:
P.O. Box 975
Avon, CO 81620
TOWN OF EAGLE
By:
P.O. Box 609
Eagle, CO 81631
TOWN OF GYPSUM
By:
Mayor
Mayor
Mayor
P.O. Box 237
Gypsum, CO 81637
3
P'
ATTEST:
By:
Clerk
ATTEST:
By:
Clerk
TOWN OF MINTURN
By:
Mayor
P.O. Box 309
Minturn, CO 81645
TOWN OF RED CLIFF
By:
Mayor
P.O. Box 40
Red Cliff, CO 81649
ATTEST:
By:
ATTEST:
By:
ATTEST:
By:
ATTEST:
By:
THE GREATER EAGLE FIRE PROTECTION DISTRICT
By: _
P.O. Box 666
Eagle, CO 81631
THE GYPSUM FIRE PROTECTION DISTRICT
By:
P.O. Box 243
Gypsum, CO 81637
WESTERN EAGLE COUNTY AMBULANCE DISTRICT
By:
P.O. Box 1077
Eagle, CO 81631
EAGLE COUNTY HEALTH SERVICE DISTRICT
By:
Chairman
P.O. Box 990
Edwards, CO 81632
4
~,-~t,-~. t~ c v Svc g~ I (~' os
MEMORANDUM
To: Vail Town Council
From: George Ruther, Chief of Planning
Date: August 16, 2005
RE: Definition of `Kitchen Facility"
A question arose regarding the definition of "kitchen facility" as it relates to Ordinance
No. 18. The term "kitchen facility" is used in the definition of an attached
accommodation unit. Specifically, "kitchen facilities" are prohibited in attached
accommodation units.
KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of
meals, including a sink, stove, and refrigeration and food storage facilities.
Note: A microwave oven is not specifically listed.
A community that supports families with young children
Early experiences determine
brain structure and shape the
way children learn, think,
and behave for the rest of
their lives.
• 85% of a child's intellectual,
emotional and cognitive
ability is formed by age five.
• Assess the needs of children and families
• Engage the community in defining and
supporting Early Childhood issues
• Create parent and community leadership
opportunities
• Document current service capacity and
resources
• Identify model programs
• Recommend action plan to the community
to achieve Early Childhood Goals
Timeline
• Improved emotional, cognitive, and
physical development
• Enhanced parent-child relations
• Better education outcomes
• Self-sufficiency of families
• Child and family health
• Enhanced community quality of life
• Reduced family violence
• Significant cost savings to society
• Health and Safety: to assure that children
have access to appropriate medical care and
live in safe homes, neighborhoods and
communities.
• Social motional: to promote social and
emotional well-being in the community.
• Early Care & Development: to assure that
children and families have quality early care
and education experiences by partnering
with valued and supported professionals.
• Family Support Services: to assure that chil-
dren and families are safe in their homes,
schools, and communities; and to support
families in actively promoting the develop-
ment of their children.
• in August and September: model programs identifted, goals developed, and needs documented
• BY October: community partnerships imagined
• Thru January: program options and costs outlined, action plan for the community developed
• Throughout February and March: action plan reviewed by stakeholders and then presented to
community groups in April and May, 2006.
Contact Kathleen.Forinash@eaglecounty.us for more information.
DAVID W. ROBBJNS
ROBERT F. HILL
DENNIS M. MONTGOMERY
RONALD L. WILCOX
JOHN H. EVANS
MARK J.WAGNER
JOHN F. WALSH
JENNIFER H. HUNT
LAURA J. BOTTARO
oe cotn+se~
AVI S. ROCXLIN
H>Q,L & RosslNS, P.C.
ATTORNEYS AT LAW
100 BLAKE STREET BUILDING
1441 EIGHTEENTH STREET
DENVER, COLORADO 80202-1256
June 15, 2005
Senator Jack Taylor
P.O. Box 5656
Steamboat Springs, CO 80477
Dear Senator Taylor:
TELEPHONE
303 296.8100
FAX
303 296-2388
E-MAIL
webmaskrQhillandrobbins.com
WEBSITE
www.hillandrobbiaa.wm
VIA U:S. MAIL AND E-MAIL
At your request I have revised the comments I serit to'Represeritative.Hoppe1ast March
in which I discussed my views on the need to place additional con§traints~~oil Recreationai'In=
channel Diversions. In doing so, I am not writing on behalf of any client but rather as an
individual. As you know, I have been interested in the° issues ;surrounding the use of water for
instream purposes for thirty years. Starting in 1975, as an Assistant Attorney General, I handled
the proceedings to defend the constitutionality of Colorado's first instream flow law -from filing
the application for the water right through presenting the successful argument of the case before
the Colorado Supreme Court.
The issue of non-consum tive instream water rights is an important one to Colorado. All
of our ma`or rivers are the sub'ect of interstate com acts t at limit t e tota amount of
ccJrlsuirip.lidli that our state is cntiflc3 to make. istrcaln water I•t its, articularl. • ones that seek
to control large amounts of flow, creatte the.ri'sk that the ability ito use some portion of our
com act entitlements will be unpaired or that portions ofa nvedr basin are prevented.froxn
I~r along additional consumptive uses In the tore t Is very Important t at t e enera
Assembl Insure that there are ade uate llmltahons on these es of water ri is so that future
generations are free to make decisions about what consumptive uses are appropriate and
necess to full utilize our com act entitlements. That is not!to say that having flows protected
for environmental protection or recreational uses is a bad things rather, it is to say that they
should be subject to limits. and coriditiorrs imposed by the'I;egi~~lature.
Fortunately, the ;Colorado Supreme Court has reco -
gnia~d`~the~_uriiyue nature of these types
ofwater rights~~ first in'the'instream flow law~appeal thatl`harijdl~ed `for the State twenty-five
years ago and very recently in the Upper Gunnison decision. I 1~elieve that the Court has made it
clear that the General Assembly is entitled to impose conditions that the water courts must utilize
Senator Jack Taylor
June 15, 2005
Page 2
in considering applications for these types of water rights, and I believe that additional
conditions or limitations on water rights for recreational in-channel uses are appropriate. For
example, it is appropriate to require specific types of structures in order to effectuate the
diversion or control of a recreational in-channel water right. It is also appropriate to limit the
maximum amount of water that can be awarded for a recreational in-channel water right in
addition to providing additional guidance concerning what constitutes the minimum necessary
for recreational use. And, it is appropriate to define what times of the day and year recreational
in-channel uses are considered to be beneficial. Finally, it is appropriate to define exactly what
types of uses qualify as appropriate water related in-channel recreation.
Although the legislature was unable to reach agreement on appropriate conditions for
recreational in-channel water rights in the 2005 Session,: ,I.believe that you should continue to
work toward an acceptable biII to provide additional limitatioris on the award of recreat! ionalin-
channel water rights in order to insure that no suc recreahona water n is are grante at will
impair Colorado's ability to consume its compact entitlements. This is a matter that calls out for
legislative direction rather than relying on the ad hoc decisions of the various water courts.
Thank you for~considering my thoughts.
ery trul ,
David W. Robbins
cc: Senator Jim Isgar )
Representative Diane Hoppe )
Ted Kowalski )via a-mail only
Susan Schneider )
Becky Brooks )
Mates ~ to .
In drought. rules;
Dorton takes over
-J~~
~CKY MOUNTAIN NEWS
LAS VE(}AS -Seven Western
ates faired to r-.each agt~n~t
uesday on how to manage the
ighty Colorado Rivet in. ttttte,4. of
aught, an impasse that means the
decal government will begin ~rait-
Bits ovvn p1anM~y 1_
"We've tried to come to a consea
Is, but it hasn't been Possible for
:to do that," said Lary Anderson,
rector of the Utah Division of Wa
r• Resources.
Anderson and more thart'40 other
3ter offidals met is Las Vegas to a
st-ditch effort to meet an Apr1130
~dline imposed by U:S. Secnet;~r
the Interior Cfale Norton. Norton
anted the states to Dome up wt~h
Ieast the rudiments of a dtrnlgtit-
anagement Plan for the river and
;two mainreservoirs- LakePaw-
.andLakeMesd.
A key issue has been the request
' Colorado~and three other states .
hold more water in Lake Powell
1 ~~ to help it recover ~ t~
But weeks of talks leading up to
e dnal meeting 2'uesdas• failed to
- ~ ~, ®®~-- ®®~ ~r®
. Colorado diver basin
states water allotments
Tim 1922 ootppaet divides the Colorado Rivet's
states,' Y$ jo upP~`Basin and Lowrr Basut.
°g-!emt average for river flaw
liar been from 13 to 13.5 mafperyea~
maf =million acre-f~
. UPPER - 75 maf tofal
b~
morning - 1.Q5 ~.
~~~0 3.88 ~ 5175
Utah 173 ,
New Mexico ~
o.8a ~,
!LOWER - 75 maf taq~at' .
Nevada ~ U3. 4
California 44:
~zona ~ .
~ 37
~~P~-t prandes for an ir~arase of an additional
Lake ~ ~ Hie Caorado fiver
torte rowel! !oral
24 maf x,296
lake Mead 28 rrr~f 5896
Source Colorado River wafer Canservaijon District US. Bureau a, rceaarr~atian; ,;~~, .
rtoacreauiauN-~ws
detiverst~roonsensus onhowthe riv
~'ce~ be equitably sbareditshort-
aSes ~. or whether releases h+om
Lake Powell to Lake Mead should
be reduced this year;
Norton-wIII deride by the end of
the week whether to. alter releases
spend much the next two to three
Years holding Public hearings to
build a federal. drottght•tnanage-
mentplait fortherivet:
`T'he Idea .was that the states
would develop some middle ground,"
said Zbm Weimer, assistant secre-
^ Onl'ine extra: For speaal
resorts and ongoing oovetage of
Colotado'swaterissues, dickon
Toda}~s links at
R
tary o'versedng water issues at the
U.S. Department aflnterior.
"We clear>,y didn't get there. St
we71 begin brleIIng the secretary to
morrow cirri we'll continue brieIIni
her Thutsday and Friday until she°
Preparedto make herdecision."
Riding on Norton's drought-xnaa
agement Plan are potentially histor
is new legal precedents in Westen
waterlawandmillions in recce-afros
dollars and electric power sale;
horn C}lea Cagyon Dam at Lola
Powell and Labe Mead's Hoove
Dam.
Under a 1922 compact, Uolorad~
River water is divided equalky be
tween the Upper Basin states, Cola
redo, Wyoming,UtahandNewMe~
co, andtheLowerBasinstates, Gali
forma, Nevada and Arizona. F.acl
basin Bets 7.5 million acre-feet.
Last December, Bohn gays, tom
missionerofthe U.S. Bureau of Rec
iatnation, warned the seven state.
they needed to begin resolvlnl
long-standing differences to get at ~
poteatlali3r bigger issue: how some
25 millionpeople who depend ontli~
Flip to RIVER on 14~
DAVID W. BOBBINS
ROBERT' F. HILL
DENMS M. MONTGOMERY
RONALD I. WILCOX
JOHN FL EVANS
MARK I.WAONER
JOHN F. WALSH
JENNIFER H. HUNT
LAURA !. BOTTARO
or couNSe~
AVI S. ROCKLIN
HILL & BOBBINS, P.C.
ATTORNEYS AT LAW
100 BLAKE STREET BUILDING
.1441 EIGHTEENTH STREET'
DENVER, COLORADO 80202-1256
June 15, 2005
TELBPHONB
303 296-8100
FAX
303 296-2388
E-MAIL
webmaskr(n}hillandrobbins.com
WEBSITE
www.hillandrobbinv.wm
VIA U.S.117A.II., AND E-MAIL
Senator Jack Taylor
P.O. Box 5656
Steamboat Springs, CO 80477
Dear Senator Taylor:
At your request I have revisecl.the comments I seilt to'Represeritative.Hoppeiast March
in which I discussed my views on the need to place addifioiia~l constraints ~on Recreational' In=
channel Diversions. In doing so, I am not writing on behalf of any client but rather as an
individual. As you know, I have been interested in the° issues surrounding the use of water for
instream purposes for thirty years. Starting in 1975, as an Assistant Attorney General, I handled
the proceedings to defend the constitutionality of Colorado's first instream flow law -from filing
the application for the water right through presenting the successful-argument of the case before
the Colorado Supreme Court.
The issue ofnon-consume
of our mayor rivers are the subject
aclxlsiurip.li~ii that uur state is cnif:
i large amounts of flov
entitlements will be irr
dciitional consumptive
y insure that there are
ns are free to make dec
necessary to fully utilize our co
for environmental protection or
should be subject to limits. and c
instream water rights is an important one to Colorado. AlI
a;terstate compacts t at limit t e tots amount of '
rnak~..~ii~trc:am •~vater- rrgllts, particulail • ones that seek .
the.r'sk that the.ability,to use some portion of our
or that: portions of a nve~' basin are nrevented~ fr,,,,,
in
G ~Imll:anons on these tykes of water rights so
about what consumptive' uses are aDnronriata
;t entitlements.. That is not!to say that having flows protected
;atona'1 uses is a bad things rather, it is tsi say that they
tiorrs imposed by the' Legi~~lature.
Forturiafely, the .Colorado Supreme Courthas recogriiz~d~'the~uriiqu~e nature of these types
of water rights= first in the'instrearri flow law~app.eal that~I`hari~il~ed `for the State twenty-five
years ago and very recently in the tipper Gunnison decision. I believe that the Court has made it
clear that the General Assembly is entitled to impose conditions that the water courts must utilize
Senator Jack Taylor
June 15, 2005
Page 2
in considering applications for these types of water rights, and I' believe that additional
conditions or limitations on water rights for recreational in-channel uses are appropriate. For
example, it is appropriate to require specific types of structures in order to effectuate the
diversion or control of a recreational in-channel water right. It is also appropriate to limit the
maximum amount of water that can be awarded for a recreational in-channel water right in
addition to providing additional guidance concerning what constitutes the minimum necessary
for recreational use. And, it is appropriate to define what times of the day and year recreational
in-channel uses are considered to be beneficial. Finally, it is appropriate to define exactly what .
types of uses qualify as appropriate water related in-channel recreation.
Although the legislature was unable to reach agreement on appropriate conditions for
recreational in-channel water rights in the 2005 Session; Lbelieve that you should continue to
work toward an acce table bill to provide additional limitations on the award of recreational in-
channel water rights in order to insure that no suc recreation water n is are grante at will
impair Colorado's ability to consume its compact entitlements. This is a matter that calls out for
legislative direction rather than relying on the ad hoc decisions of the various water courts.
Thank you for~considenng my thoughts. '
ery
David W, Ro
cc: Senator Jim Isgar )
Representative Diane Hoppe )
Ted Kowalski )via a-mail only
Susan Schneider )
$ecky Brooks )
Mates fail to agree
In drought. rules; .
Dorton takes Dyer
/Jerd Smith
~CKY MOUNTAIN NEWS
LAS VEC}AS -Seven Western
etas failed to reach ~eement
uesday on how to manage the
ightY Colorado River in. tribes. of
nugtit, ~ Passe that means the
decal government will begin cratt-
gitsownplanMay 1.
"We've tried to come to a
~s, but it hasn't been Possible for
.to do that," said Lary Anderson,
vector of the IItah Division of Wa-
r-R.esouroes.
Anderson and more than'40 other.
iter offidaLz met is Las vegan in a
st~iitch effort to meet an Apri130
~dline imposed by II:S. Secretary
the Interior pale Norton. Norton
anted the states to Dome up with
Ieast the nrdiments of a drought-
anagement plan for the river and
:two main reservoirs - Lake Pow-
.andLakeMe~d.
A key issue has been the request
• Colorado and three other states .
hold more water in Labe Powell
1s Year' to help it recover iram the
ought.
e IInal naeetln8 Tuesday failed to
. Colorado River basin
states water allotrrients
1'b~ 192 Put divides the Colorado River's
states. ~ UPI Basin and bower Basin
bas been from 13 do 13.5~maf~~ for riverflow
I~'Y~.
maf =million acre-feet ~.
. UPPER = 7S maf total
<4~
WhrorrWrg - ~ ~
Colorado 388
tlfah 5L75
L73 : 23
New Mexico p~ 11.25
LOWER - 75 maf taiat+
Nevada ~ 03 4
Caldorrua 4.4
Arizona ~
~ 37
tX~ides far an increase o(an add~tiarral
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AT SOCIETY HILL
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r
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~~r~or~ ~~~ene of ~~~~ar~~~m ~~~~~e~~rfon ~~~i~fen~u_re
14'W~I.GU,dt~d,
ORDINANCE NO. 18
SERIES OF 2005
WHEREAS, Vail Resorts Development Company has submitted an application for a text
amendment to the Lionshead Mixed Use 1 zone district to allow for multiple attached
accommodation units within dwelling units located in. the Lionshead Mixed Use 1 zone district,
subject to the issuance of a conditional use permit; and,
WHEREAS, the Zoning Regulations currently allow only one attached accommodation unit
per dwelling unit; and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a
public hearing on the proposed amendments in accordance with the provisions of the Vail Town
' Code; and,
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of these amendments at its June 27, 2005, public hearing and has
submitted its recommendation to the Town Council; and,
WHEREAS, the Vail Town Council finds that the amendments are consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail.
Comprehensive Plan and is compatible with the development objectives of the Town; and,
WHEREAS, the Vail Town Council finds that the amendments further the general and
specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code;
and,
WHEREAS, the Vail Town Council finds that the amendments promote the health, safety,
morals, and general welfare of the Town and promote the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural environment and its established
Ordinance No. 18, Series of 2005 1
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Title 12, honing Regulations, to
allow for multiple attached accommodation units within dwelling units located in the Lionshead
Mixed Use 1 zone district subject to the issuance of a conditional use permit, and setting forth
details in regard thereto.
Section 2. Section 12-2-2 Definitions. of Words and Terms, Section 12-7~FI-2 (C)
Conditional Uses, Section 12-7H-3 (C) Conditional Uses, Section 12-7H-4 (A) Permitted Uses,
Section 12-7H-12, Density, (Dwelling Units PerAcre), and Section 12-10-10 Parking Requirements
Schedules, Vail Town Code, shall hereby be amended as followings: (deletions are shown in ~+
#~eegf~ and additions are shown in bold)
Section 12-2-2 Definitions of Words and Terms
Accommodation Unit, Attached:
A room connected to a dwelling unit within a multiple family building, without kitchen
facilities, designed for or adapted to occupancy by guests which is accessible from a
common corridor, walk, or balcony without passing through another accommodation
unit, attached. accommodation unit, or dwelling unit.
Section 12-7H-2 (C) Conditional Uses:
The following uses shall be permitted in basement or garden levels within a structure,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Accommodation Units
Attached Accommodation Units
Conference facilities and meeting rooms.
Liquor stores.
Lodges
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling
units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title).
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection, in
accordance with the provisions of Section 12-3-4 of this Title.
Section 12-7H-3 (C) Conditional Uses:
Ordinance No. 18, Series of 2005 2
The following uses shall be permitted on the first floor or street levels within a structure,
subject to issuance of a conditional use permit in accordance with the provisions of Chapter
16 of this Title:
Accommodation Units
Attached Accommodation Units
Conference facilities and meeting rooms.
Liquor stores.
Lodges .
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling
units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title).
Radio, TV stores, and repair shops:
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection, in
accordance with the provisions of Section 12-3-4 of this Title. ~~
-~
Section 12-7H-4 (A) Permitted Uses:
Permitted Uses; Exception: The following uses shall be permitted on those floors above
the first floor within a structure:
Accommodation Units
Attached Accommodation Units
Lodges .
Multiple-family residential dwelling units, timeshare units, fractional fee clubs; lodge
dwelling units, and employee housing units (type III (EHU) as provided in chapter 13 of
this title). .
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
12-7H-12: Density (dwelling units per acre):
Up to a thirty three percent (33%) increase over the existing number of dwelling units on a
property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For
the purpose of calculating density, employee housing units, accommodation units, attached
accommodation units, time share units, and fractional fee club units shall not be counted
as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as
twenty five percent (25%) of a dwelling unit for the purpose of calculating density.
Section 12-10-10: PARKING REQUIREMENTS SCHEDULES:
Off street parking requirements shall be determined in accordance with the following
schedules:
A. Schedule A applies to properties within Vail's "Commercial Core Areas" (as defined
on the town of Vail core area parking maps I and II, incorporated by reference and available
for inspection in the office of the town clerk):
Use Parking Requirements
accommodation unit (includes time-share
units, fractional fee units, and other
Ordinance No. 18, Series of 2005 3
forms of interval ownership units)
Dwelling unit
Dwelling unit with one attached
accommodation unit
Dwelling unit with more than one
accommodation unit
Hotels with conference facilities
or meeting rooms
Banks and financial institutions
Eating and drinking establishments
Medical and dental offices
Other professional and business offices
Recreational facilities, public or private
Retail stores, personal services and
repair shops
0.7 spaces per accommodation unit
1~.4 spaces per dwelling unit
1.4 spaces per dwelling unit
1.4 spaces per dwelling unit plus
0.7 spaces for each additional
attached accommodation unit
0.7 spaces per accommodation unit,
plus 1.0 space per 330 square feet of
seating floor area devoted to
conference facilities or meeting rooms
3.7 spaces per 1,000 square feet of
net floor area
1.0 space per 250 square feet of
seating floor area; minimum of 2
spaces
2.7 spaces per 1,000 square feet of
net floor area
2.7 spaces per 1,000 square feet of
net floor area
Parking requirements to be
determined by the planning and
environmental commission
2.3 spaces per 1,000 square feet of
net floor area
Theaters, meeting rooms, conference
facilities 1.0 space per 165 square feet of
seating floor area
Any use not listed Parking requirements to be
determined by the planning and
environmental commission
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Ordinance No. 18, Series of 2005 4
t
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.
9
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.
Ordinance No. 18, Series of 2005 5
.~
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of August, 2005, and a public
hearing for second reading of this Ordinance set for the 16th day of August, 2005, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
,~
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 16th day of August, 2005.
ATTEST:
Lorelei Donaldson, Town Clerk
Rodney E. Slifer, Mayor
Ordinance No. 18, Series of 2005 6
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
a. July 25, 2005
11~<~NQF~AIL '
PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME
pm
MEMBERS PRESENT
Anne Gunion
David Viele
Chas Bernhardt
Doug Cahill
Bill Jewitt
MEMBERS ABSENT
Rollie Kjesbo
George Lamb
Site Visits:
1. Grand Traverse -Lots 1 through 24, Dauphinais-Moseley Subdivision
Driver: Warren
Public Hearing -Town Council Chambers
12:00
2:00 pm
A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for a major amendment to Special
Development District No. 22, Grand Traverse, modifying the GRFA calculations for the district;
and a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town
Code, to modify the sizes of Lots 4 & 5, Dauphinais-Mosely Subdivision Filing 1, and setting
forth details in regard thereto.
Applicant: Grand Traverse Homeowner's Association, represented by Pat Dauphinais
Planner: Warren Campbell
ACTION: Tabled to August 22, 2005
MOTION: Viele SECOND: Jewitt VOTE: 5-0-0
Warren Campbell presented an overview of the propo"sal and the staff memorandum.
Pat Dauphinais, the applicant, presented an overview of the special development district's
history and an overview of the current proposal. He noted that this proposal is an opportunity
for the Town of Vail to conduct a case study on eliminating GRFA regulations. He commented
how the latest GRFA text amendments negatively affected the development potential for this
subdivision.
John Schofield, homeowner, noted that the PEC recognized that individual projects may be
negatively affected by the GRFA changes and that the PEC recommended that variances
should be granted in such circumstances. He recognized that the Town Council did not agree
with this concept.
Chuck Baker, homeowner, described how his property was negatively affected by the
previous "250 Addition" and Interior Conversion cut-off dates which excluded him from
constructing a basement similar to his neighbors property. He described how the SDD
requirements have prevented him from taking advantage of the latest GRFA regulations.
Pat Dauphinais expressed their desire to have the flexibility in terms of GRFA as other zone
districts.
The Commissioners were in support of the proposed subdivision of Lot 5. The
Commissioners generally supported the proposal to remove the GRFA restrictions within SDD
No. 22, Grand Traverse, as there area additional architectural requirements within the SDD
which would provide a level of comfort that the homes which have not been built wilt fit the
character of the neighborhood which has already been established. Commission members
expressed that the elimination of GRFA for the entire Town would be more difficult as SDD
No. 22 is different from a majority of Town in that it contains very small lots and additional
architectural controls.
Commissioner Jewitt stated he was specifically concerned how much larger homes could
become on larger lots, where setbacks have less of an impact than they do on smaller lots.
He asked the applicant what he would suggest to control the bulk and mass of structures on
larger lots if GRFA was eliminated? He also questioned if much above-ground change would
be anticipated on the lots with remaining site coverage?
Pat Dauphinais recommended applying a regressive site coverage requirement to larger lots.
The applicant continued by providing specific examples on the few lots with remaining site
coverage and noted the minimal opportunity for expansion. The applicant, conclude by
commenting that had there been no GRFA regulations he would not have constructed the
existing homes any differently.
2. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking
facilities and structures, located at 395-East Lionshead Circle/ Lot 1, Block 2, Vail Lionshead
Filing 1, Lot 3 and 5, Block 1, Vail Lionshead ,Filing 2, and setting forth details in regard
thereto.
Applicant: Town of Vail, represented by Pylman & Associates, Inc.
Planner: Bill Gibson
ACTION: Tabled to August 22, 2005
MOTION: SECOND: VOTE: 4-0-1 (Viele recused)
Dave Viele recused himself.
Bill Gibson presented an overview of the proposal and the staff memorandum. He noted that
this discussion is a worksession and the Commission is not being asked to take any formal
action at this~time.
Rick Pylman, applicant's representative, presented an overview of the proposed parking and
loading for the conference center project.' He noted a fundamental concept of utilizing
underutilized infrastructure such as the Lionshead Parking Structure. He described Vail
Resort's financial commitment to increasing the amount of available public parking.
Paul Segwick, HVS, presented an overview of the analysis process, key points, and
conclusions of their. parking study. The Commissioners asked questions as Mr. Segwich
presented his power point presentation.
Greg Hall noted the conference center and Dobson should not be used for large events at the
same time.
Chris Fasching, FHIJ, presented an overview of their evaluation and summary of the parking
study. He noted that both parking supply and demand related to the conference center are
very dynamic.
Commissioner Bernhardt asked how many total people per year will attend the conference
center. Mr. Segwick responded that the numbers start at 43,000 and increased to 75,000
after a few years.
Commissioner Gunion asked about the overall trend of parking on the Frontage Road. Greg
Hall noted that trends have not been consistently increasing.
Greg Hall noted that previous Dobson events of 2,800 have put 50 to 100 cars on the
Frontage Road, so a large conference center event would be comparable.
Kaye Ferry commented that the proposed parking should comply with the same rules as a
private developer. She noted her concerns about the existing summer parking demand. She
noted that private developers aren't allowed to not provide parking based upon the timing of
their events or their business hours.
Rick Pylman noted that the Town owns the parking structure facility. He also noted that the
parking standards are painted with a broad brush and not based upon a specific proposal.
Jim Lamont recommended conducting an overall parking/transportation system analysis and
master plan from Cascade to Ford Park.
Commissioner Jewitt commented that based upon the findings in the Town Code, he doesn't
believe the parking standard for this project should be reduced to less than what is required
by Zoning. He noted his concerns about the employee parking demand assumptions, the _
lack of an alternative transportation plan for the project, only using the ballroom and meeting
room floor area to calculate the parking demand, and that the event size assumptions were
too small. He stated his concern that a future conference center operator would not be
willing to limit group sizes or coordinate events with Dobson. He also noted that the
Lionshead Parking Structure was for public parking, and not intended to be used by a specific
developer. In summary, 125 parking spaces are not adequate for the conference center.
Commissioner Gunion questioned the event size and frequency assumptions. She noted
that the assumptions being used for marketing and the business plan must be used to
analyze the parking needs. She noted that the conference center should provided the
number of parking spaces that the Town would require of a private developer and the Town
should take advantage of this opportunity to construct additional parking. She expressed her
concerns about what if the parking analysis assumptions are incorrect.
Commissioner Bernhardt agreed with Commissioners Jewitt and Gunion, and that more floor
areas than just the ballroom and meeting rooms should be used to calculate the parking
requirement.
Commissioner Cahill stated that the more parking that is constructed the better. He noted
that additional information would be needed to convince him that only 125 parking spaces
would be adequate for the conference center.
Rick Pylman noted that skier parking and special event parking are creating the real parking
problems in Town, not the local businesses.
Anne Gunion noted that the overall parking problem is creating a loss of tourism and event
attendance.
Rick Pylman noted that a lot of the conference center's parking issues come down to the
management of the facility.
3. A request for a correction to the Vail Land Use Plan to designate the Lionshead
Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment
Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan
Recommendations, and setting forth details in regard thereto.
Applicant: Town of Vail, represented by Pylman & Associates, Inc.
Planner: Bill Gibson
ACTION: Tabled to August 22, 2005
MOTION: SECOND: VOTE: 4-0-1 (Viele recused)
This item was reviewed concurrently with item #2.
4. A request for a final review of a variance from Section 12-6C-6, Setbacks, Section 12-6C-8;
Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances,
DS Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18,
`~~ Block 3, Vail Village Filing 1, and setting forth details in regard thereto.
b Applicant: Robert Stephenson, Jr. and John Schofield, represented by Snowdon & Hopkins
,~~ Plan er: Bill Gibson
ACT Mo ' approve variance for setbacks
. MOTION: Viele SECOND: Bernhardt VOTE: 5-0-0
ACTION: Motion to approve variance for site coverage
MOTION: Bernhardt SECOND: Viele VOTE: 4-1-0 (Jewitt
Opposed)
ACTION: Motion to approve variance for GRFA
MOTION: Viele SECOND: Bernhardt VOTE: 4-1-0 (Jewitt opposed)
Additional finding that this variance approval is for an elevator and an elevator entry.
Bill. Gibson presented an overview of the proposal and the staff memorandum.
Pam Hopkins and John Schofield presented the variance requests and their reasoning for the
requests.
Commissioner Jewitt was supportive of the setback variance, but not the site coverage or
GRFA variances.
Commissioner Viele agreed with the applicant that more changes are needed to GRFA
regulations, but noted that John Schofield was directly involved in the most recent changes in
the GRFA regulations. He noted his personal belief that anything below grade should not
count as GRFA.
Commissioner Bernhardt agreed that the regulations adopted by the Town Council gave
basement deductions to only the lowest level of a house. However, he believes the
applicant's; proposal meets the intent of the law and is being evaluated in a site specific
situation.
Commissioner Cahill noted his concern about precedent and his support for variances for the
garage.
5. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead
Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment
Master Plan, to amend the boundaries of the study area to include Evergreen Lodge, located
at 250 South Frontage Road West, Lot 2, Block 1, Vail Lionshead Filing 2, and setting forth
details in regard thereto.
Applicant: Evergreen Lodge at Vail, represented by HB Development Company
Planner: George Ruther
ACTION: Tabled to August 8, 2005
MOTION: Bernhardt SECOND: Gunion VOTE: 5-0-0
6. A request for a final review of a variance, from Section 12-7B-12, Height, Vail Town Code, and
Section 12-7B-15, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code; and a request for a major exterior alteration, pursuant to Section 12-76-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for additions and exterior
renovations to the Lodge Tower, located at 200 Vail Road/Lot 2, Lodge Subdivision, Vail
Village First Filing, and setting forth details in regard thereto.
Applicant: Lodge South Condominium Association, Inc., represented by Mauriello Planning
Group
Planner: Bill Gibson
ACTION: Tabled to August 8, 2005
MOTION: Bernhardt SECOND: Gunion VOTE: 5-0-0
7. A request for a recommendation to the Vail Town Council of proposed text amendments to 11-
2-1, Definitions, Sign .Regulations; 12-2-2, Definitions, 12-3-6C, Notice, Hearings,
Administration and Enforcement, 12=7A-3, Conditional Uses, PA District, 12-7C-4, Conditional
Uses, Generally, Commercial Core 2 District, 12-7D-2, Conditional Uses, Commercial Core 3
District, 12-7E-4, Conditional Uses, CSC District, 12-7H-5, Conditional Uses; Generally (On
all Levels of a Building or Outside of a Building), Lionshead Mixes Use 1 District, 12-71-5,
Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), Lionshead
Mixed Use 2 District, 12-8D-2, Permitted Uses, Ski Base/Recreation 1 District, 12-8D-3,
Conditional Uses, Ski Base/Recreation 1 District, 12-9A-2, Definitions, Special
Development District, 12-9A-16, Private Parking Space Leasing, Conditional Use Permit,
Special Development District, 12-9C-3, Conditional Uses, GU District, 12-10-17B-1, Leasing
of Parking Spaces, 12-15-5E-3, Additional Gross Residential Floor Area (250 Ordinance)
Procedure, 12-17-66-3, Criteria and Findings, Variances, 12-21-2, Definitions, Hazard
Regulations, and 12-22-2, Definitions, View Corridors, of Title 12, Zoning Regulations; 13-2-2,
Definitions, 13-6B-1 B, Plat Approval Procedure, Condominium and Townhouse Plats, 13-7-2,
Definitions, Condominium and Condominium Conversions 13-11-2, Certificate of
Dedication and Ownership, Sample Certificates, 13-11-3, Certificate of Dedication for
Mortgage Holder or Deed of Trust Holder, Sample Certificates, 13-11-4, Surveyor's
Certificate,. Sample Certificates, 13-11-5, Title Certificate, Sample Certificates, 13-11-6, Clerk
and Recorder Certificate, Sample Certificates, 13-11-7, Town Council Certificate, Sample
Certificates, 13-11-8, Planning and Environmental Certificate, Sample Certificates, 13-11-9,
Administrator Certificate, Sample Certificates, 13-11-10, Certificate of Taxes Paid, Sample
Certificate, and 13-11-11, Certificate of Ownership, Sample Certificate, of Title 13, Subdivision
Regulations; and 14-2 Definitions and 14-10-I, Accessory Structures; Utilities; Service Areas,
Design Review Standards and Guidelines of Title 14, Development Standards Handbook, Vail
Town Code, for proposed corrections and/or clarifications to the Vail Town Code, and setting
forth details in regard thereto. .
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: WITHDRAWN
8. Approval of July 11, 2005 minutes
MOTION: Viele SECOND: Jewitt VOTE: 5-0-0
9. Information Update
10. Adjournment
MOTION: Jewitt SECOND: Gunion VOTE: 40-0 (Viele absent)
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published July 22, 2005, in the Vail Daily
DAVID W. ROBBINS
ROBERT F. HILL
DENNIS M. MONTGOMERY
RONALD L. WILCOX
JOHN H. EVANS
MARK 1. WAGNER
JOHN F. WALSH
JENNIFER K HUNT
LAURA ]. BOTTARO
or coin+set,
AVI S. ROCKLIN
HILL & Rossllvs, P.C.
ATTORNEYS AT LAW
100 BLAKE STREET BUILDING TELHPHONE
1441 EIGHTEENTH STREET' 303 296-8100
.DENVER, COLORADO 80202-1256
FAX
303 296-2388
E-MAIL
webmaster(a~hillandrobbins.com
WEBSITE
www. hillandrobbinv. com
June 15, 2005
VIA U.S. NiAII, AIVD E-MAIL
Senator Jack Taylor
F.O. Box 5656
Steamboat Springs, CO 80477
Dear Senator Taylor:
At your request I~have revised he comments I seirt to Represeritative.Iioppeiast March
in which I discussed my views on the need to .place additional eonstraints~~on IZecreati.onar In=
channel Diversions, In doing so, I am not writing on behalf of any client but rather as an
individual. As you know,'I have been iriterested in Che issl~es surrounding the use of water for
instream purposes for thirty years. Starting in 1975, as an Assistant Attorney General, I~handled
the proceedings to defend the constitutionality ofColorado's first instream flow law -from filing
the application for the water right through presenting the successful.arguinent of the case before
the Colorado Supreme Court. ~.
The issue of non-consum tive instream water rights is an important one to Coiorado. All
of our ma'or rivers are the subject of interstate eom acts t at limit t e tota amount of ~~
curlsuiri .1i~ii that utu- state is entifici to il~ak ..~Ii~trc;aan water• ri:glits, panc~ulail • o;"Ies that see1~
to control lar a amounts of flow,~~creat~ the:r%sk that the.abilit ,to use some orti.orl of our
om act.elititlements will be impaired or that'portioris of a river basin are prevented.froxrl
r,}Iakln=g additional consumptive uses In t e tore t Is very important t at t e ener
Assembl Insure that there are ade 'uate ~limitations~on these ~ es of water ri is so that future
enerations are free to make decisions about what consumptive uses are a
necess ppropriate and
ary to fully uhllze yur compact entitlements., That is not~to say that having flows protected
for environmental protection or reer;'eational uses is a bad things rather, it is tai say that they
should be subject to limits. and coricitioiis imposed by the' I:egi$lature.
Forhuiately, tli~ ;Colorado Supreme Court has recogriiz~'d`~the:uriiqud nature of tlie'se t es
of water rights ~= first in the instream flow law ~app.eal that I' harijdPed `for the State twenty-five
years ago and very recently in the tipper Gunnison decision. I believe that the Court has made it
clear that the General Assembly is entitled to impose coridition~ that the water courts must utilize
Senator Jack Taylor
June 15, 2005
Page 2
in considering applications for these types of water rights, and I' believe that additional
conditions or limitations on water rights for recreational in-channel uses are appropriate. For
example, it is appropriate to require specific types of structures in order to effectuate the
diversion or control of a recreational in-channel water right. It is also appropriate to limit the
maximum amount of water that can be awazded for a recreational in-channel water right in
addition to providing additional guidance concerning what constitutes the minimum necessary
for recreational use. And, it is appropriate to define what times of the day and year recreational
in-channel uses are considered to be beneficial. Finally, it is appropriate to define exactly what .
types of uses qualify as appropriate water related in-channel recreation.
Although the legislature was unable to reach agreement on appropriate. conditions for
recreational in-channel water rights in the 2005 Session,: ~i.believe that ou should continue to
work toward an acce table bill to provide additional lirnitafioris on a award of recreation 1 in-
channel water rights in order to insure that no suc recreationa water n is are grante at wil
impair Colorado's ability to consume its compact entitlements. This is a matter that calls out for
legislative direction rather than relying on the ad hoc decisions of the various water courts.
Thank you for considering my thoughts.
ery trul ,
David W. Robbins
cc: Senator Jim Isgar )
Representative Diane Hoppe )
Ted Kowalski )via a-mail only
Susan Schneider )
Becky Brooks )
Mates fail to agree
~n drought. rules; .
Lorton takes over
rJ~ smit~r
~CKY IAOUNTAIN NEWS
LAS VEC}AS. - Seven Westezn
ates failed to reach amt
aesday on how to the
ighty Colorado River in. tfines. ox
aught' as impasse that means the
deral S~ernment will begin ctai't-
~its own plan M,ey 1.
"We've tried to come to a consen-
is, but ft hasn't been Possible for
to do that," said Larry Anderson,
rector of the Utah Division of Wa
r-Resources.
Anderson and more than 40 other
iter officials met in I,ag pew ~ a
st-ditch eirort to meet an APrll 30
:adline imposed by U:S. Secreetary
the Interior Gale Norton. Norton
anted the states to come up wfxh
least the rudiments of a drntlgh~
anagement plait for the river and
.two mainreservoirs - 7 a kP p,~,
.andLakeMead
A keg issue has been the request
• Colorado~and three other states .
hold more water in La]oe Powell
1 u~ to help it recover fiom the u -----
But weeks of talks lea ~s ~, or whether releases lirom
~g up to Lake Powell to Lake Mead should
e final meeting 2'uesday rA t~~ to be ~uced this year
`~°mQ De stably ahat+edifshort-
^ Onl'ine extra For speaal
~~~~~
Colorado'swatexissues, dic~con
Toda~s links at
R
~y overseetng water issues at the
U.S. Department ofInterior.
"We clearly didn't get there. S,
we'll begin briefing the secretary to
morrow and we71 continue brieiin~
her ~ursd~y and Friday untrl she'
PPePared to make her decision."
Riding on Norton's +drought-man
a.gement plan are' potentially histor
is new legal precedents in Wester
water law and millions in recreation
dollars and electric power sale
from C}len (won Dam at Lak
Powell and Lake Mead's Hoove
Dam
Under a 1922 compact, Colored
River water is divided equally bE
tween the U,pper.Basin states, Colc
redo, Wyoming; Utah andNewMex
co, and the Lower Basin states, Cali
forma, Nevada and Arizona. F.aci
basin gets ~.5 million acre-feet.
Last December, Bohn geys, com
missioner of the U S. Bureau of Rec
lamation, warned the seven state
they needed to begin resolyin~
long-standingdifferences.to get at;
~ nnilli bigger issue: how song
people who depend on t)i~
~P ~ RIVER on 14,
••vawu-wlii aecide by the end of build a, federal. drought-manage-
the week whether to_ ~. releases mentplanfortheriver.
>rom Lake Powell, but she plans to ''The idea was that the states
spend much of tree next two to three would develop some middle ground,"
years holding Public hearings to said Zbnr Weimer asststaat secre-
~Ut 8 ~ ~ G s O,p,~-uw ~ ~
August 2, 2005
Vail Town Council:
The following full-time Vail residents urge the Town Council to approve the
Crossroads Redevelopment.
Mark Gordon
Tracy Gordon
Shawn McHugh
Chris Burns
Mike Hannigan
Leah Drew
Chris Schump
Jason Katzman
Rachel Packer
Alex Gentry
Shauna Huber
Mark, Levarn
Brandy Persson
Robin Seymore
08I01/200~~12:21 9704797511 'CROSSRDADS PAGE 02102
To: Town Council
Re' Approval for the Redevelopment of Crossroads
°7/30/05
I am writing this letter to voice my approval of the redevelopment of Crossroads Shopping center,
to be discussed on 8/212005. I will be out of town and unable to deliver my support in person.
It seems that a large portion of this debate seems to be between the "old" and "new" members of
our community. I have lived in Vail and been a business owner here for the past 16 years and I
feel that the climate in Vail is in need of a project of this caliber. A benchmark building like the
proposed redevelopment of Crossroads Shopping Centers building will help to create a much
needed town center in Vail. The scope of amenities and the critical mass that this project will
provide to our town is paramount for the future of Vail as a viable business and social
community. The future needs to have new, diverse offerings to enable Vail to continue to draw
guests and future locals for the years to come. The future of Vail depends on this project and
many of the other ventures currently in the pipeline in and around the Village.
Ibha~e had numerous opportunities to review the current plans and many iterations leading up to
them, and I urge you to approve this project as it stands before you on August 2"d
Thank you for your time and consideration,
} ,~~,. Jf
i ~,~~ ;.
David Honda
Vail Sports Medicine
s ~~
8 •a~as ~,~+u.+~ 8
SUMMARY OF COMMENTS OF CONNIE MILLER
Impacted Neighbors: I represent and manage homes of several Village
Inn Plaza homeowners who will be directly impacted by the project, and I
speak on their behalf. As neighbors the huge, massive, tall and bulky
building will dominate our property.
Want Compliance with the Law: We believe that an appropriate
balance has not been achieved as required by the provisions of the Special
Development District because the undeniably significant deviations from
the Zoning Code have not been properly mitigated by the provision of true
public benefits.
• Maintenance of Vail Village Style: We are concerned that the
architecture of the Crossroads project is not consistent with the village
style that has come to make Vail a unique place.
The project and its present elements do not meet the requirements of the Town
Code, and, thus, the current application should be denied.
~~ ~~J ~ 6 5 9d,~uli. ~ g
SUMMARY OF COMMENTS OF MARK MILLER
Invalid EIR: It appears that the environmental impact report through
which the project's impacts were assessed was not completed by
individuals with sufficient expertise. This undermines the Town's entire
consideration of the project.
• Modification of Public Benefit Package: The public benefit package
needs to be modified to include the following elements:
• Contribution to Construction of Roundabout. A significant
monetary contribution toward the construction of the roundabout in
the amount of $ 2 million.
• Dedication of Public Plaza. Imposition of a condition of approval
and revision of the Development Improvement Agreement to
require dedication of the plaza to the Town.
• Joint Management of Public Plaza. Imposition of a condition of
approval and revision of the Development Improvement Agreement
to allow the Town and the project sponsor to jointly manage the
public plaza.
• Deed Restrictions. Imposition of a condition of approval and
revision of the Development Improvement Agreement to have a
deed restriction placed on the ice rink, theatre, and bowling alley
elements of the project to insure their use for afifteen-year period.
• On-site Affordable Housing. Imposition of a condition of approval
and revision of the Development Improvement Agreement to
require the provision of on-site affordable housing.
• These modifications should be made if the Town Council elects to
approve the project.
The project and its present elements do not meet the requirements of the Town
Code, and, thus, the current application should be denied.
f ~, ~• d ~ oS 4~P~.~ 8
SUMMARY OF COMMENTS OF KARL HOCHTL
Procedural Improprieties Have Tainted The Approval Process: The
manner in which the project has sought approval of its application is
inconsistent with both the letter and spirit of the Town Code.
o Failure To Remand To PEC: The revised project should be
remanded to the Planning and Environmental Commission for their
review and recommendation as set forth in accordance with the
provisions of Article 12-9A-4 C of the Town Code. The citizens of
the Town, as well as the Town Council, should receive the benefit of
the PEC's consideration of the revised project, especially in light of
the allegedly substantial changes staff asserts are being made.
o Ex Parte Communications: This is especially the case where, as
here, there has been an attempt to prevent members of the Town
Council from receiving information from the Town's citizens about
the project. Citizens have regularly been precluded from speaking
with members of the Town Council regarding the Crossroads project.
This effort has been based upon the assertion that such
communications are prohibited ex parte communications. Such a
position is not warranted for the following reasons:
^ There is no Colorado case that stands for the proposition being
advanced.
^ The claim that the Town Council members cannot speak with
their constituents about the Crossroads project is inconsistent
with the constitutional guaranty permitting citizens to petition
their government.
^ The assertion of the so-called ex parte rule defeats informed
decision-making by the Town Council.
^ The rule is illogical because it seems only applicable to oral
communications.
~•
The project and its present elements do not meet the requirements of the Town
Code, and, thus, the current application should be denied.
R
AUCa-1-2005 1~~6 FROM: MUELLER INTERIORS 970-476-2800 70:4792157 P.1
~02~~ e~1
2?~~~
August Z, 2005
A discussion with Mr. Knobel.
Dear Mr. Knobel Greetings!
The plaza you have proposed to build will come to be known as Knobel Plaza.
Other Vail landmarks such as The Seibert Circle ,The Slifer Fountain, and The Donovan
Park are named after men of distinctions who over a span of 40 phzs years have
~Qn,~tributed to the Town in so many ways. This put you in a favorable place in the heart
of tfie Vail community, and it does carry more responsibilities.
As we all were inspired by the mountain when we moved to Vail, I have a suggestion for
your property that would benefit the town:
In the center of the Plaza, build a home for the Colorado Mountain Club, an organization
that promotes hiking and climbing, trains and certifies guides, in the great Alpine
tradition.
Build a kiosk, to make all the Vail artisans proud, a 5 sided kiosk, each window showing
a destination climb or hike, from the Happy Hikers to the 14 ers. We have the Grand
Traverse, Holy Cross Mountain, Mt Powell, mountains that inspire people to discover
their potential.
Help make Vail more of a Mountain Town, hire a world famous American climber to
promote the first climb. Mr. Pete Seibert did the same in the 60th with Roger Staub, and
put Vail on the International map.
The Plaza could be the site of Mountain book festival, sponsored by publishing houses,
~n~nountain film festival, sponsored by the international film industry.
Such events aze renown in my home town of Chamonix, and could make Vail a climbing
destination resort. We should foster authentique mountain experiences more sought after
by our visitors than bowling .
Make the Plaza worth your name.
AUG-1-2005 16:06 FROM: MUELLER INTERIORS 970-476-2800 70:4792157 P.2
Mr. Knobel.
ountain Towns can loose their appeal when they loose their soul and their history,
Architecture alone does not define a town, but still it is the representation and image of
the town folks.
What if you would consider giving us the muhi faceted image of yourself? Now we see
The repetitive work of your leading azchitect and a far reaching business plan.
What if you would have fun and imagine this as your family project.
Each member of your family would have a recommendation.
Stone, stucco and wood, 3 buildings, connected by a covered arched promenade.
Each, with a particular appeal. Different colors, more lace wood balconies, (from the
ladies) loggia, bay windows, etc... in short: diversity.
The whole, anchored by a stout squaze tower, the entrance to the underground. (Could be
your grand father suggestion of his time in the mountain).
You would be building a village within the town, it would be so successful
Enough said, looking up to the Vail Knobel Plaza, exuberance in its diversity and
moderation, thought out moderation in its bulls...
s~
Best to you,
Anne Mazie Perrin Mueller
P
~~
f a a os ,, ~8
SUMMARY OF COMMENTS OF DEANE HALL
• Desire Progress: We are not people who are opposed to progress.
• Respect Profit: We are not people who are opposed to commercial
activity and profit.
• Want Crossroads Developed: We are not people who are opposed to
development at the Crossroads site.
• Balance Required: The provisions of Article 12-9(A) relating to the
approval of Special Development Districts provides a mechanism
whereby the Town Council can approve a project which deviates from the
requirements of, and associated lifestyle and planning benefits created by,
the Town's Zoning Code where a project will provide sufficient public
benefits to justify the deviations. That balance has not been achieved.
• Changes Not Sufficient To Eliminate Significant Deviation From
Zoning Code: The recent changes that have been made are not sufficient
to reduce the impact of the project.
o Domination of Adjoining Buildings: The project will still dominate
the Village Inn Plaza property. It will still have six stories that will
simply tower us.
o Design Does Not Have Step Back Feature: There has been no
stepping back of the project from the western 20 foot setback line or
enough stepping down north to south to reduce this dominating effect.
o Non-Village Style Architecture: There has been no change in the
architectural style which is inconsistent with the village style that is
prevalent in Vail.
o No Analysis By Staff: The changes were so insignificant that they
were not even the subject of a narrative analysis by staff. Indeed,
there has been no explanation of how the changes are responsive to
the concerns of the Town Council and help achieve the balance
envisioned by the Town Code.
The project and its present elements do not meet the requirements of the
Town Code, and, thus, the current application should be denied.
a
SUMMARY OF COMMENTS BY ANN REILLY BISHOP
Holders of Legitimate Claims and Obiections: Because we have
received threats that we will be sued, regardless of the merit of our
position, we are compelled to reaffirm that we are citizens whose claims
have more than reasonable factual support, have a foundation in law and
who are doing this because the project will forever impact the Town in
which we live. We are not competitors acting for some ulterior profit
motive.
Insufficient Public Benefits: The public benefits that are to be generated
by the project are illusory at best. Various of these are mentioned in the
Developer Improvement Agreement.
• Plaza: The public plaza is not a public benefit.
• The public plaza is envisioned as part of the development of this
site by the Town's Master Plan. Compliance with the provision of
the Town's governing planning document is not a public benefit; it is
a prerequisite to development.
The public plaza is not a public benefit because its use and
operation are within the sole control of the developer. There is no
requirement that the plaza be dedicated to the Town. There is no
requirement that a permanent public easement be recorded to insure
perpetual public access. The project sponsor is able to control the
events and the access to the public plaza despite the fact that,
through the Town's indemnity obligation, the Town remains
essentially liable for its operation.
• Traffic Impact Fee: The traffic impact fees are not a public benefit.
They are lawfully required mitigation for project specific created impacts.
A developer of a project is required to mitigate impacts as a matter of law.
The claim that such mitigation is a public benefit teeters on sophistry.
Loading Berth: The loading berth is not a public benefit because it is a
commercial enterprise that is within the sole control and operation of the
project sponsor. The Development Improvement Agreement provisions
acknowledge that the loading berth is necessary for the operation of the
Crossroads businesses.
• Commercial Enterprises: The bowling alley, movie theatre, and ice rink
are commercial enterprises that will benefit the project sponsor. Is every
private business that serves some segment of our community a public
benefit? The answer must be no as it applies to the provisions of the
Town Code relating to special development districts if, those provisions
are to have any meaning at all. The fact that the Town disclaims the
economic viability of this use demonstrates that it is not a public benefit.
There is also no provision for a deed restriction on this portion of the
property to insure the operation. Indeed, there is a provision which allows
for the project sponsor to change the use of these locations.
• Front Desk: The creation of a front desk for a building containing
condominiums is not a public benefit it is a requirement of business in
which the project sponsor is engaging.
• Bus Waiting Area: Identifying a unused space on the periphery of the
project for people to be able to wait for public transportation is not a
public benefit.
The project and its present elements do not meet the requirements of the Town
Code, and, thus, the current application should be denied.
e1 i
t
ANN REILLY BISHOP
f
ATTORNEY AT LAW
August 1, 2005
VIA E-MAIL TOWNCOUNCIL@VAIL.GOV
Members of the Town Council
Town of Vail
75 Frontage Road
Vail, Colorado 8165?
Re: Crossroads East One LLC's Application to Establish a Special Development District
Dear Members of the Town Council:
I. INTRODUCTION:
I submit this letter on behalf of the Village Inn Plaza, Phase III, Condominium Association ("VIP")
an association of homeowners who live directly across from, and will be directly impacted by, the
Crossroads project that is the subject of an application for the establishment of a Special
Development District. This letter is being submitted after the public distribution of the staff report on
Thursday, and it supplements the July 28, 2005 letter submitted by D. Deane Hall, Jr., president of
the Association.
As the Association has previously noted, the provisions of Article 12-9(A) relating to the approval of
Special Development Districts provides a mechanism whereby the Town Council can approve a proj-
ect which deviates from the requirements of, and associated lifestyle and planning benefits created
by, the Town's Zoning Code where a project will provide sufficient public benefits to justify the devi-
ations. There are no formulae or other rote rules that can be applied to such a determination other
than to understand that a delicate balance must be achieved so as to preserve the unique village char-
acter of Vail while permitting our Town to grow and prosper.
On June 21, 2005, the Town Council made it clear that the Crossroads project did not achieve the
correct balance. It identified a number of areas of concern that it wanted staff and the project spon-
sor to address.
In response to the Town Council's action in tabling the consideration of the Crossroads application,
the developer has made certain changes to the project, identified in the staff's report. The revised
project is now back before the Council. For both procedural and substantive reasons, we urge the
Town Council to reject, once again, the application for the establishment of a Special Development
District for the Crossroads project.
POST OFFICE BOX 820 • VAIL, COLORADO 81658
(970) 476-4501 • FAX (970) 476-4490 • E-MAIL: ANNREILLYBISHOP@COMCAST.NEI;
Members of the Town Council
August 1, 2005
page 2
II. THE PLANNING AND ENVIRONMENTAL COMMISSION SHOULD REVIEW THE
REVISED PROJECT.
At the outset, the Association believes that the Council should not vote on the application until
and unless the revised project has been considered by the Planning and Environmental
Commission ("PEC") in accordance with the provisions of Article 12-9A-4 C of the Town Codes-.
The citizens of the Town, as well as the Town Council, should receive the benefit of the PEC's
consideration of the revised project, especially in light of the allegedly substantial changes staff
asserts are being made.
This is especially the case where, as here, there has been an attempt to prevent members of the
Town Council from receiving information from the Town's citizens about the project. Members
of the Association and others have regularly been precluded from speaking with members of the
Town Council regarding the Crossroads Project. This effort has been based upon the assertion
that such communications are prohibited ex parte communications. Such a position is not war-
ranted for the following reasons:
• There is no Colorado case that stands for the proposition being advanced. The cases
relied upon to support the notion that citizens' communications on these types of land use deci-
sion are prohibited are inapposite.
• The claim that the Town Council members cannot speak with their constituents about
the Crossroads project is inconsistent with the constitutional guaranty permitting citizens to peti-
tion their government.
• The assertion of such the so-called ex parte rule defeats informed decision-making by
the Town Council. The Crossroads application and its conformance to the principles articulated in
Article `12=9A are complicated matters. The Town Council is entitled to hear the- views of those
that will be impacted. That cannot be adequately done where the staff report that addresses the
issue is published the Thursday before the Town Council's meeting. This provides little time for
review and analysis by impacted persons. In addition, the public is now limited to three minute
presentations. Such a system unfairly provides the project sponsors with an advantage. It also
gives undue weight to the staff's report. While staff has undeniable expertise, the Town Council
is entitled, and should desire, to hear the views of concerned citizens. Such limited presentations
are justified where the citizenry has had a prior opportunity to discuss these matters with their
elected representatives.
• The rule is illogical because, as the Association understands it, it is only applicable to
oral communications. If there are justifiable policy and liability implications about ex parte com-
munications; they apply equally to oral and written communications.
• Any alleged harm'- that could be caused by such communications could be mitigated by
1 Any suggestions that the changes made to the project are minor modifications that can be approved by staffpur-
suantto the provisions ofArticle 12-9A-10 A should be rejected. This Article is clearly applicable. to modifications
that are being made to an approved development plan.
?The Association also understands that it has been argued that Town Council members might face liability if they
were to participate in such discussions. That is not likely the case. Absolute immunity protects officials' who engage
in judicial or quasi judicial activities from such liability. See State Board of Chiropractic Examiners x S jernholm,
935 P.2d 959. (Colo. 1997).
.r
~.
`~.
Members of the Town Council
August 1, 2005
page 3
having Town Council members disclose any discussions in which they have engaged at the begin-
ning of the public hearing.
Where, as here, allegedly significant revisions have been made, the nature of those revisions and
staff's evaluation of them has only been recently published, and those directly impacted by the
project have not been able to convey their views in any meaningful way to the ultimate decision-
makers, consideration of the revised Crossroads project by the PEC serves an important public
purpose. It provides the Town Council the opportunity to be educated by the arguments and
responses provided in the context of the PEC hearing. The Town Code's provisions regarding
PEC review obviously suggest that that body's consideration of a project is a critical step.
III. INSUFFICIENT CHANGES TO THE WEST WING HAVE BEEN MADE TO JUSTIFY
THE CREATION OF A SPECIAL DEVELOPMENT DISTRICT
The Association applauds the project sponsor's willingness to make changes to the project.
Notwithstanding that effort, the simple fact remains that the bulk and mass of the building still
represent an unwarranted and unjustified deviation from the requirements of the Zoning Code
which are not mitigated by the proposed public benefits. As set forth in Mr. Hall's July 28th let-
ter, the height and mass of the building on the west wing will dominate the property owned by the
Association.3
The Crossroads project, if approved in its current proposed configuration, will forever change the
character of the village and will have a disproportionately large impact on the Association's mem-
bers. No additional public benefits have been provided and under such circumstances the balance
envisioned by the Town Code's provisions has not been met.
IV. IF THE CROSSROADS PROJECT IS APPROVED ADDITIONAL CONDITIONS OF
APPROVAL SHOULD BE IMPOSED
The homeowners of VIP urge the Town Council to deny the Crossroad application. However,
should the Town Council elect to take a different route and approve the project, the following
additional conditions of approval should be incorporated into the development plan:
• The project sponsor should be subject to a condition that the loading dock be designed
and operated in a manner that precludes trucks or other vehicles using the facility from queuing
up next to or near the Association's property awaiting entry into the loading dock.
• The project sponsor should be subject to a condition that it will develop and implement
plans acceptable to the Association for the operation of the recirculating stream noted by Mr. Hall
as a means of offsetting in the warmer seasons traffic noise bouncing off the exterior walls of the
close buildings.
3 Given the shortness of time, the Town Council will not have the benefit of the study and modeling that should be
provided by Mr. Winston, as has been provided for previous Crossroads presentations. That modeling would demon-
strate the significant impact described in Mr. Hall's letter.
Members of the Town Council
August 1, 2005
page 4 ~ '~ '
• The project sponsor should be subject to a condition that it will develop and implement
plans acceptable to the Association with respect to the replacement of the stairways connecting
the Association's property with the project.
Ann Reilly Bishop
It is the Association's understanding that the project sponsor does not have any objections to these
requirements.
V. CONCLUSION
The project under consideration by the Town Council is aptly named. It places all of us who live
in Vail at the proverbial "crossroads." The members of the Association are not opposed to
progress achieved through development. Nor are the Associations' members generally opposed to
the concept of the Crossroads project. What we oppose .is the project in its present configuration
which without question significantly deviates from the standards of the Zoning Code. Simply
stated, the revised project design still does not achieve the proper balance. Approval of the proj-
ect in the form beirig considered by the Town Council will forever change the unique beauty, style
and life of our Village. The impacts of the proposed project simply are not mitigated by the proj-
ect benefits. Amore appropriately scaled, less dense project design would achieve the desired
balance of interests. Until the project design meets this criterion, we respectfully urge the Town
Council to reject the application to establish a Special Development District.
Sincerely,
cc: Dominic Mauriello
Peter Knobel
Town Planning Staff
August 2, 2005
Vail Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
HAND DELIVERED
~: Crossroads Redevelopment
141 Meadow Drive
Dear Council Members:
This letter serves to communicate my support of the Crossroads redevelopment proposal being
reviewed at tonight's public hearing. As I have stated in previous letters to this council, I have
followed this project from its inception and have attended the numerous public hearings held over
the past year or more. I have seen the plans for the project change over time in response to ublic
comment and town requirement, and continue to be impressed by the applicant's willingne s to
provide public amenities as part of his redevelopment plans, even though it appears he is under no
obligation to do so.
More than any other aspect of the project, the public amenities being proposed are what make this
application special and therefore deserving of your approval. For the average Vail resident or
visitor, it will be these amenities that make their Vail experience a memorable one. In contrast, I
question what benefit will be perceived by the average Vail resident or visitor upon completion of
the new Four Seasons Hotel or Vail Plaza Hotel, (two similarly sized projects in comparable
locations), as any amenities being provided by these properties will be more private than public in
nature.
With this in mind, I urge you to seize upon this opportunity and vote to approve this application. I
am confident that your decision to do so will prove to be a tremendous benefit to our community
and a valuable contribution to Vail's revitalization.
Thank you for your time and consideration.
Most sinc ly,
Greg Ga tineau
1081 Vail View Drive
August 2, 2005
Vail Town Council:
The following full-time Vail residents urge the Town Council to approve the
Crossroads Redevelopment.
Mark Gordon -~ t ~ of (ru.f
Tracy Gordon
Shawn McHugh
Chris Burns
Mike Hannigan
Leah Drew
Chris Schump
Jason Katzman
Rachel Packer
Alex Gentry
Shauna Huber
Mark Levarn
Brandy Persson
Robin Seymore
VAIL VILLAGE HOldIEOWNERS ASSOCIATION, INC.
President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont
Directors - Judith Berkowitz - Dolph Bridgewater - Richard Conn - Bob Galvin
Ron Langley - Bill Morton - Trygve Myhren - Gene Mercy - Gretta Parks
To: Mayor Rod Slifer and Town Council
From: Jim Lamont
Date: August 1, 2005
RE: Crossroads Special Development District Application
The Vail Village Homeowners Association Board of Director considered, at their July 27, 2005 meeting,
the major points of compromise concerning the proposed Crossroads at Vail Special Development
District. The proposed compromises and conditions of support are articulated in the Association's June
21, 2005 memorandum to the Vail Town Council.
It is recommended, given the magnitude of the Association's concerns, the Crossroads proposal
should not receive final approval until the principle points of compromise are agreed upon.
The following addresses the Association's concerns as well as other matters that have a relationship
to the principle points of compromise.
1. South Frontage Road: The reported "C to C minus" capacity rating for the intersection of the
Crossroads Chute and South Frontage Road maybe appropriate for today's circumstances, but
unable to manage projected and unforeseen future growth. We should strive at this time to attain an
A or B rating as the South Frontage Road is and will remain, well into the future, the most important
local transportation corridor in the community. Consigning merging automobile and truck traffic to
hazardously darting across higher speed lanes or to make illegal turning maneuvers to reverse the
direction of travel is imprudent or misguided, particularly, when other safer roadway configurations
are readily applicable.
A planning commissioner, during the PEC public hearing, recommended the proposed Crossroads
roundabout, his proposal received no objection from the Planning Commission. However, the Town
Staff did not include his recommendation as a recommendation to the Town Council from the
Planning Commission.
A proposal by the developer to pledge $250,000 towards the Crossroads/South Frontage Road
roundabout was determined to be disingenuous. It was reported that the Town of Vail would receive
the funds, but do nothing to fully fund and execute the roundabout project. In the end, the pledged
funds would be returned to the developer.
It should be a priority of the Town of Vail that each intersection along the South Frontage Road from
Ford Park to Cascade Village (resort Town Center) meets the highest standards of traffic circulation
and safety. Projects that do not contribute their "fair share" to upgrade the South Frontage Road
should not be approved.
New private development and the Town of Vail should be responsible for providing funds to
upgrade all intersections to the highest capacity and safety standards practical so as to provide for
future growth, anticipated and otherwise. Subsequent to Crossroads, there is no further proposed
private development to provide funds to upgrade the South Frontage Road intersection adjacent to
the proposed project.
The Homeowners Association has requested for several years, that a master plan be completed for
the upgrading of the South Frontage Road through the resort town center. As well, we have
consistently raised the issues of circulation, parking, safety, and beautification. Conflicting opinions
and agendas, from public officials and otherwise, have resulted in the piecemeal documentation of
traffic demands and the design of traffic engineering solutions to the detriment of the public interest
and safety.
This issue is of such importance to the Association's constituencies that we are consulting with an
independent traffic engineering consulting firm to evaluate engineering solutions and related issues
as a means to insure the objectivity and accountability of all interested parties. See Attachment One
for Questions and issues forwarded to the independent consulting firm with respect to the Crossroads
proposal.
2. Public Benefits: The major provisions of the Developer Improvement Agreement (DIA) are
generous to a fault in favor of the developer (see attached .pdf file). It is impossible to identify
any "exaction", in exchange for deviation in the zoning standards, which in the long-term are
public benefits. Rather, there is the appearance that the DIA confers a grant of special privilege.
The lack of assertiveness and consistency of standards applied by public officials to the
negotiations, set precedence that potentially incurs the enmity and future resistance of those who
have more onerous public benefit "exactions" required of their projects.
a. Facilities and Improvements:
i. Nearly all facilities and improvements designated as public benefits have dubious
caveats attached, which exempt or release the developer from compliance after 15
years or if special circumstances occur.
ii. The developer is proposing to use his private art collection and other private
commercial enterprises (movie theater and bowling alley) to increase density and
height beyond those recommended by the Vail Village Master Plan.
iii. All facilities and improvements specified as public benefits should be owned and
controlled by the Town of Vail in perpetuity.
b. Special Events:
i. The DIA contracts away the rights of future Crossroads residential property
owners to voice concerns and participate in the overseeing of special events held
in the proposed central plaza.
ii. Future Crossroads property owners should share the same rights and
responsibilities to voice concerns and participate in the overseeing of the conduct
of special events, as do all other adjacent property owners and members of the
community.
c. Public Plaza:
The Vail Village Master Plan implies that a public plaza should be incorporated in
the redevelopment of the site in exchange for the allowance of a 5-6-story
structure to be located along the South Frontage Road. The quid pro quo
exchange allows for all open space, setback, and landscaping requirements to be
attained within the established zone district.
' ii. Previously, approved setbacks and other variances were an acknowledgment of
existing site conditions and were not to be used as precedence for the future
redevelopment of the site. It was intended the future development would conform
to the guidance of the master plan and established zoning standards.
iii. The public benefit value of the Public Plaza has already been offset by an increase
in height to 5-6 stories over that required in the established zone district. Height
was calculated based upon the average grade of the existing improvements, not
from a wholly arbitrary and speculative "historic grade."
iv. Landscaping requirements anticipate that trees and other landscaping
improvements will "soften" the urban appearance of buildings and public spaces
by integrating manmade improvements with the surrounding natural landscape.
Massing of trees should be integrated into the Public Plaza and required setbacks.
d. Lodging and Affordable housing:
i. The Town of Vail redevelopment policies contain incentives for increasing the
amount of lodging (accommodation units) and affordable housing.
ii. The developer has the right to amend the zone district for the site to permit
lodging and affordable housing.
iii. The developer is proposing using existing affordable housing units purchased in
the community to fulfill his affordable housing requirement, as a consequence a
net increase in new affordable housing units will not be forthcoming. The
developer's actions are removing non-deed restricted (non-government
controlled) housing units from the affordable housing market.
iv. The providing on-site of accommodation units and affordable housing, as has
been required of other similar developments, must be a prerequisite to increasing
the height and density beyond that recommended in the Vail Village Master Plan.
Any increase in height must occur for that portion of the building located along
the South Frontage Road.
e. Building Height and Setbacks Relative to Adjacent Properties:
i. The developer in using the adjacent property of One Willow Bridge Road and the
expansion of the Sonnenalp Bavaria Haus as the comparison to justify the
Crossroads building height and setbacks along Meadow Drive. Other adjacent
property owners are objecting to the proposed height and setbacks in this area.
ii. The developer fails to note that the One Willow Bridge Road and Sonnenalp
Bavaria Haus expansion, he points to as precedence for his proposed height
deviation along Meadow Drive, throughout the entire site conforms to the height
limitation for the zone district (PA) in which they are located.
iii. The Crossroads proposal as modified still remains out-of--scale with its adjacent
property owners and should be further reduced in height, and setbacks increased,
so that trees and other required landscaping can be incorporated onto the site.
3. Exparte Contact: The principle of exparte contact seeks to insure that elected officials do not
foreclose any legitimate consideration presented by the developer, adjacent property owners,
interested parties, and the general public. Any contact either prior to or after the filing of an
application that causes an elected official to foreclose legitimate consideration, is a violation of
the exparte principle and subject the elected officials to recusal, litigation, and other financial
penalties.
a. There appears to be evidence that the developer made improper exparte contact in that
certain elected and appointed officials refuse to acknowledge the legitimacy of the
developer's ability to file for zoning amendments to provide for lodging and affordable
housing on the Crossroads site.
i. They cite that lodging and affordable housing was not allowed on the site
previously and therefore cannot be considered. They can provide no other
justification for allowing the proposed building to be equal to or greater than
those projects that were recently approved with lodging and affordable housing
included in the development plan.
ii. Such a position is counter to the rezoning process and favors the developer
interests to those of goals and precedents established by the Town Council for the
redevelopment of the resort town center of the Vail community.
4. Public Hearing: The enforcement by the Town Council of an arbitrary 3-minute speaking rule
for all participants other than the developer and Town staff, creates circumstances that encourage
exparte contact and deprives adjacent property owners and interested parties of due process.
a. The limitation creates preferential treatment for the developer and Town Staff while
depriving adjacent property owners, interest parties, and the Town Council for giving full
and open consideration to issues and concerns.
b. The developer and Town Staff may have their own agendas, which are not necessarily
founded in policies approved and condoned by the Town Council and the community at
large.
c. It is the purpose of the principle of public hearing and participation to bring to light all
matters relevant to the public interest. Few issues or matters lie outside the public
interest and right to know. Any effort to thwart, suppress, or intimidate the public's
rights to know and be heard is an abridgment of their constitutional and legal privileges.
Multi-Party Negotiations and Discussions: The Association has sought to create opportunities
whereby the developer, adjacent property owners and interested parties, such as itself, can
discuss and negotiate unresolved issues and points of compromise in a circumstance free of
intimidation and hostility from any participant. The Association to this end requested the Town
of Vail to host an on the record discussion and negotiations among the affected and interest
parties, including the developer. To date from among the interested party, including the
developer, other than the Association, none has sought to convene amulti-party discussion or
negotiation session.
Post Office Box 238 Vail, Colorado 81658
Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856
e-mail: vvha(a,vail.net web site: www.vailhomeowners.com
VVHA Attachment One
VVHA/TOV Corresaondence 8/1/05
1. Will the proposed roundabout (or a variant thereof) proposed at the Crossroads/South Frontage Road
intersection adversely affect the flow of traffic between the Vail Village parking structure and the Main
Vail roundabout?
2. According to the Town staff the Crossroad/South Frontage Road intersection, taking into account the
proposed Crossroad development, will cause it to be rate as C or C minus. Will the proposed Crossroads
roundabout improve its rating or not?
3. Will the proposed Crossroad/South Frontage Road roundabout allow for truck traffic to more easily
and safely enter from the Crossroad Chute on to the South Frontage Road going either direction?
4. Are adjacent driveway accesses and turning for buses entering the Vail Transportation Center going
to be adversely affected by the proposed Crossroads/South Frontage Road roundabout? If so, how can
the problem to solved? What would be an appropriate alternative design or location for the roundabout?
Would buses entering the South Frontage Road from the Transportation center, crossing the eastbound
land, to go west towards the Main Vail Roundabout be adversely affected by the proposed roundabout?
5. Will the proposed Crossroad/South Frontage Road allow all traffic including trucks to more easily
and safely "reverse flow" when coming to or from the Mail Vail roundabout, VVI, and proposed
Crossroad loading and delivery structure. Is this solution safer than the "pork chop" center island
design, which is currently proposed for the VVI and Crossroads? Would the same logic apply, if a
similar roundabout were built near the Evergreen Lodge?
6. If in the future two new roundabout were built, one at Ford Park, another in West Lionshead (or a
Cascade Village, would "interim" roundabouts at Crossroads and Evergreen/Municipal Complex
become redundant, a hindrance, or an attribute to the flow of traffic along this section of the South
Frontage Road corridor?
7. Are the proposed roundabout locations at the Crossroad/South Frontage Road and near the
Evergreen/Vail Municipal building too close to the Mail Vail Roundabout so that they would adversely
affect the rating of all or anyone of the existing or proposed roundabouts?
8. Would the Crossroads/South Frontage Road proposed roundabout ease the burden on the Vail
Road/Meadow Drive intersection by creating an alternative route to and from the Vail Village
commercial center?
ANN REILLY BISHOP °~`
~.sB~O ~o~
ATTORNEY AT LAW
August 1, 2005
VIA E-MAIL TOWNCOUNCIL@VAIL.GOV
Members of the Town Council
Town of Vail
75 Frontage Road
Vail, Colorado 81657
Re: Crossroads East One, LLC's Application to Establish a Special Development District
Dear Members of the Town Council:
I. INTRODUCTION:
I submit this letter on behalf of the Village Inn Plaza, Phase III, Condominium Association ("VIP"),
an association of homeowners who live directly across from, and will be directly impacted by, the
Crossroads project that is the subject of an application for the establishment of a Special
Development District. This letter is being submitted after the public distribution of the staff report on
Thursday, and it supplements the July 28, 2005 letter submitted by D. Deane Hall, Jr., president of
the Association.
As the Association has previously noted, the provisions of Article 12-9(A) relating to the approval of
Special Development Districts provides a mechanism whereby the Town Council can approve a proj-
ect which deviates from the requirements of, and associated lifestyle and planning benefits created
by, the Town's Zoning Code where a project will provide sufficient public benefits to justify the devi-
ations. There are no formulae or other rote rules that can be applied to such a determination other
than to understand that a delicate balance must be achieved so as to preserve the unique village char-
acter of Vail while permitting our Town to grow and prosper.
On June 21, 2005, the Town Council made it clear that the Crossroads project did not achieve the
correct balance. It identified a number of areas of concern that it wanted staff and the project spon-
sor to address.
In response to the Town Council's action in tabling the consideration of the Crossroads application,
the developer has made certain changes to the project, identified in the staff's report. The revised
project is now back before the Council. For both procedural and substantive reasons, we urge the
Town Council to reject, once again, the application for the establishment of a Special Development
District for the Crossroads project.
POST OFFICE BOX 820 • VAIL, COLORADO 81658
(970) 476-4501 • FAX (970) 476-4490 • E-MAIL: ANNREILLYBISHOP@COMCAST.NET
Members of the Town Council
August 1, 2005
page 2
II. THE PLANNING AND ENVIRONMENTAL COMMISSION SHOULD REVIEW THE
REVISED PROJECT.
At the outset, the Association believes that the Council should not vote on the application until
and unless the revised project has been considered by the Planning and Environmental
Commission ("PEC") in accordance with the provisions of Article 12-9A-4 C of the Town Code.
The citizens of the Town, as well as the Town Council, should receive the benefit of the PEC's
consideration of the revised project, especially in Light of the allegedly substantial changes staff
asserts are being made.
This is especially the case where, as here, there has been an attempt to prevent members of the
Town Council from receiving information from the Town's citizens about the project. Members
of the Association and others have regularly been precluded from speaking with members of the
Town Council regarding the Crossroads Project. This effort has been based upon the assertion
that such communications are prohibited ex parte communications. Such a position is not war-
ranted for the following reasons:
• There is no Colorado case that stands for the proposition being advanced. The cases
relied upon to support the notion that citizens' communications on these types of land use deci-
sion are prohibited are inapposite.
• The claim that the Town Council members cannot speak with their constituents about
the Crossroads project is inconsistent with the constitutional guaranty permitting citizens to peti-
tion their government.
• The assertion of such the so-called ex parte rule defeats informed decision-making by
the Town Council. The Crossroads application and its conformance to the principles articulated in
Article 12-9A are complicated matters. The Town Council is entitled to hear the views of those
that will be impacted. That cannot be adequately done where the staff report that addresses the
issue is published the Thursday before the Town Council's meeting. This provides little time for
review and analysis by impacted persons. In addition, the public is now limited to three minute
presentations. Such a system unfairly provides the project sponsors with an advantage. It also
gives undue weight to the staff's report. While staff has undeniable expertise, the Town Council
is entitled, and should desire, to hear the views of concerned citizens. Such limited presentations
are justified where the citizenry has had a prior opportunity to discuss these matters with their
elected representatives.
• The rule is illogical because, as the Association understands it, it is only applicable to
oral communications. If there are justifiable policy and liability implications about ex parte com-
munications, they apply equally to oral and written communications.
• Any alleged harm? that could be caused by such communications could be mitigated by
1 Any suggestions that the changes made to the project are minor modifications that can be approved by staff pur-
suant to the provisions of Article 12-9A-10 A should be rejected. This Article is clearly applicable to modifications
that are being made to an approved development plan.
~ The Association also understands that it has been argued that Town Council members might face liability if they
were to participate in such discussions. That is not likely the case. Absolute immunity protects officials who engage
in judicial or quasi judicial activities from such liability. See State Board of Chiropractic Examiners v S jernholm,
935 P.2d 959 (Colo. 1997).
Members of the Town Council
August 1, 2005
page 3
having Town Council members disclose any discussions in which they have engaged at the begin-
ning of the public hearing.
Where, as here, allegedly significant revisions have been made, the nature of those revisions and
staff's evaluation of them has only been recently published, and those directly impacted by the
project have not been able to convey their views in any meaningful way to the ultimate decision-
makers, consideration of the revised Crossroads project by the PEC serves an important public
purpose. It provides the Town Council the opportunity to be educated by the arguments and
responses provided in the context of the PEC hearing. The Town Code's provisions regarding
PEC review obviously suggest that that body's consideration of a project is a critical step.
III. INSUFFICIENT CHANGES TO THE WEST WING HAVE BEEN MADE TO JUSTIFY
THE CREATION OF A SPECIAL DEVELOPMENT DISTRICT.
The Association applauds the project sponsor's willingness to make changes to the project.
Notwithstanding that effort, the simple fact remains that the bulk and mass of the building still
represent an unwarranted and unjustified deviation from the requirements of the Zoning Code
which are not mitigated by the proposed public benefits. As set forth in Mr. Hall's July 28th let-
ter, the height and mass of the building on the west wing will dominate the property owned by the
Association.3
The Crossroads project, if approved in its current proposed configuration, will forever change the
character of the village and will have a disproportionately large impact on the Association's mem-
bers. No additional public benefits have been provided and under such circumstances the balance
envisioned by the Town Code's provisions has not been met.
IV. IF THE CROSSROADS PROJECT IS APPROVED ADDITIONAL CONDITIONS OF
APPROVAL SHOULD BE IMPOSED
The homeowners of VIP urge the Town Council to deny the Crossroad application. However,
should the Town Council elect to take a different route and approve the project, the following
additional conditions of approval should be incorporated into the development plan:
• The project sponsor should be subject to a condition that the loading dock be designed
and operated in a manner that precludes trucks or other vehicles using the facility from queuing
up next to or near the Association's property awaiting entry into the loading dock.
• The project sponsor should be subject to a condition that it will develop and implement
plans acceptable to the Association for the operation of the recirculating stream noted by Mr. Hall
as a means of offsetting in the warmer seasons traffic noise bouncing off the exterior walls of the
close buildings.
~ Given the shortness of time, the Town Council will not have the benefit of the study and modeling that should be
provided by Mr. Winston, as has been provided for previous Crossroads presentations. That modeling would demon-
strate the significant impact described in Mr. Hall's letter.
Members of the Town Council
August 1, 2005
page 4
• The project sponsor should be subject to a condition that it will develop and implement
plans acceptable to the Association with respect to the replacement of the stairways connecting
the Association's property with the project.
It is the Association's understanding that the project sponsor does not have any objections to these
requirements.
V. CONCLUSION
The project under consideration by the Town Council is aptly named. It places all of us who live
in Vail at the proverbial "crossroads." The members of the Association are not opposed to
progress achieved through development. Nor are the Associations' members generally opposed to
the concept of the Crossroads project. What we oppose is the project in its present configuration
which without question significantly deviates from the standards of the Zoning Code. Simply
stated, the revised project design still does not achieve the proper balance. Approval of the proj-
ect in the form being considered by the Town Council will forever change the unique beauty, style
and life of our Village. The impacts of the proposed project simply are not mitigated by the proj-
ect benefits. Amore appropriately scaled, less dense project design would achieve the desired
balance of interests. Until the project design meets this criterion, we respectfully urge the Town
Council to reject the application to establish a Special Development District.
Sincerely,
~s~
cc: Dominic Mauriello
Peter Knobel
Town Planning Staff
Ann Keilly Bishop
Comparison of the Proposed New Crossroads
to Village Inn Plaza, Phase III
Crossroads, west facade
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at the South Frontage Road for a direct side-to-side comparison. In actuality, VIP is lower in elevation (flipped to match up to Crossroads)
at the South Frontage Road, so its entire actual roofliile is some five feet below the relationship shown Shown in red.
above. The north-to-south alig~unent (Frontage Road to Meadow Drive) is approximate.
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