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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 91I '~ t puauc Ste' ~~ Cor~NUr~c~o~s W ~`F• POLICE ~4 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 e:. „ :~ ,~ 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 ~ ~, i ,R, m ____ ., _ r- ,~ . ._ . ~~ _ - c T.~act D,: Vail Das~ Schone Filin 1 Chamonix Parcel, ~~ ~ ~~ ~ 9 ~ ~ L .. . _ , ;s ~ 2;310` Chamonix Road- r a ' u °Vail Town F ~> .. ~ - - Council August 1.6 2005 ,,r ~ ` ~~ .. .,. ., .. .:. - ` i ,'X/ i J. t'-~ '~t '~ r~ ~. J 't. ~- .''- . !F . `i .. .` i~ ~ Z l~ ~ .- f ~. /" +C' - J i•~!' \ .-.L S S /;"~ /,~ `t ~ K, ti r _ nn..~ ~ ,~ t '~ ~ ~ ~~ ~ ~ ~q~,_ ~ ~ X ~,~ r ~ -"'ter-. 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(parcel Iine work Is approximate) t i .~ 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. 42 ::,, 1, • ~. . i i a t i i i_. L. ~~ TABLE OF CONTENTS Attachment: D • PAGc CHAPTER I INTRODUCTION ~-- 1 .CHAPTER II LAND USE PLAN GOALS 6 CHAPTER III OPPORTUNITIES ANO CONSTRAINTS"`- -- ,:~~: .; - :~ - - 9 - -~- CHAPTER IV EXISTI!aG LAND USE :_~;~. . :, _. 11 CHAPTER Y SOCIOECONOMIC PROFILE. ... - - `/' rW, 17 - CHAPTER VI PROPOSED LAND USE ~~- s~ :x; ; 29 CHAPTER VII - COMMUNITY FACILITIES >~ ,,,,:, ~ _ - _ - 41 CHAPTER. VIII IMPLEMENTATION ~ - - _ , S9 APPENDIX A C0;•C4UNITY QUESTIONNAIRE - SUhV•1ARY RESULTS A-1 ,. - 6 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 ~h/ • ,- /e ~ ' ~ : L . . : . ei • • eo - ~ / ~ .\ % • ~ ~ ~ •~• ~ ~ - ~e t Imo. . • ~ . - - ana ` ~• 't1B ~ g~ller Cfeek Rd. ~•J .` - / ~ -~ .. .. r/ • •J ^•` ~ _ ~ ' • ~ Cham ~. ^ ~/ •~ / .. •`% .. I_ ro d' - • ~ ~ ~, sh pronr~~"°~ ~g o ..: J 00 Ga , .......:::.::. v O • ~p G s .~ p N . . . ~~~ Oak b e, r ~ nom / , ^ ~C~~d , oaJ O'. •k t ... ,~ ~ ~,rosi ;•s,3. ~ - Gp10 plpiM D r. .. , , • ~ ~ 99g ~- 43 Vermont P ~ . ~ ~ ` . , 'Yin' Bellllower Bivd. ~ kirulick~ . ~.+...t;~ ::.::'~::`: av o~ ~ . `• ~B ~~~• / '9/~,9~ • / ~ ~. ~ ` ' , . ' ~ i Blvd. ~.` av e / 'tY ~ ~ o / B ~r v4 - - a ti -r ~ F ~ ' °~'ya,~ ~' °4ai,r •`~ Figure 5-W ~9B~e~, °'e~~ Inventory of . ~jes` i . KEY / ~ ' . land Uss Plan Boundary . ~... and Town Boundary. _. are the same a^cepl where shown. d n rt m 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. 1' / i . ~~ 0`, RESIDENTIA\ \' v / G~ i i ~yQj' ~ /~ " i RESIDENTIAL ~ ~OQ~ ,~ ~ i RECREATIONAL ~~~~/'~- ` SPACE ,~ ~.~..~ ~~~ ~ COMMER I L ~~ 1' USE i ~ I~ I~' ' ~I~ ~ WENDr ~ I~ i 1 ~~ i II1 ~~ ~ ~ ~~~ _.~ i /~I ~'' ~ pNTA~EROA~ ,, -~ NORTH FR v ~ I I RESIDEt, 1 I ~ ~ I RESIDENTIAL; CHAMONIX LANE _ TOWN & FIRE STATION! _ USES ~ _ ; HEnvY sERVIC~ usE r1 I / i SHELL ~ i 1 ! ,~~ % '' ~ _ RESIDENTIAI / ~. _ ~~ o C~~N:e,.. _ u -ZONE ~ - ~ _ PRIMARY ACCESS DRIVE ~~ I! -.~ ,'C \ ~-- - --- / ---PRIMARY ACCES yI EGRESS OFF CHAMGNIXI t. ~_.. ° ,?~AVYSERVIZ~E~--COMUSECIAL j ~ USE iV/' PHILIPS FIRST BANK 66 ~ ELEVEN III OFFICES '~, "! _~ /';~~ _,,\ ~~ NORTH FRONTAL 1Rpgp ~\- - ~ ~., ZO a W 0 a ~ W W 0 0 0 ~~ >~o O ~~0 X ~ Z ~ LL U DO ~~ z=J ~Q ~ 0~ 0 U~ LAND USE PLAN WEST INTERSTATE 70 [,1 LAND USE PLAN °° '° °° ~~s~~L~A~s ~' Oro~saumveiar~emi ~ L99UEAEV1910N DATE N0. ~_ ~~~~ _/ `~ O4x a/w/os MANN BY YR, BP MN9 BY 54, YN 9CEi iN[ L1.Ery em NASA L1 D PA. PROJECT N 00934 W 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 Lake levek along the Colorado Diver tDorbl ~Padtir urrertt level r.ar<e roWe11 24 maf 34,29, Lake AAead 28 rrraf ~, sources; Colorado River water Coruenration District Us. BurEa,. ~~ r~c+amaoon; surtunittech.com none Mou~r~ r~vrs deliverar~r consensus on howtbe raw arise, or~whe~t releases lrom Lake Powell to Lake Mead should be reduced this year. Norton-will decide by the end of the week whether to. alter rrleases 8~om Lake Powell, but she plans to spendmuchofthe next twoto three Years holding public hearings to build a. federal drought-manage- mentplan fortheriver. 'The idea .was that the states would develop some middle grormd," said Tom Wefiner, assistant secre- ^ OnGne extra For speoal n~orts and ongoing oaverage of Colorado'swaterissues, dickon R s Emits at ~Y overseefng water issues ax the U.S. Department ofIrrterior: "We clears didn't get there. Sr wed begin brleiiing the secretary to morrow and we'll continue brieiinl her Thursday and Friday untrl she`: Prepared to make her derision." Riding on Norton's droughirman agement Plan are potentially histor is new legal precedents in Western waterlaw and mIIlions inrecreatior dollars and electric power salea from (lien Capon Dam at Lek: PoweII and Labe Mead's Hoovea Dam IInder a 1922 compact, Colorado River water is divided equally be tween the Upper.Basin states, Colo redo, Wyoming,IItahandNewMexi co, andtheI,owerBasinstates, Cali forma, Nevada. and Arizona. Eacl basin gets 7.5 million acre-feet. Last December, Bohn Keys, tom mLssionerofthe II.S. Bureau of Rec lamation, warned the seven state; they needed to begin resolyini long-standing differences to get at i ~ ~tiallj. bigger issue: how sonic People who depemd ontlie Flip to RIVER on 14~ ~ ~ :~ ..w rv~ '{. a ~ Market Strent ~ , (1 * saran Inatitule ~. ~,,. *Atwatar *Tha Bourse l * National Liherty Museum Lights of Linerty* .:-~nsoin S[ The Curtis __ p Waaml St. Cemer * .. ". - . . ~ ~ ~ W.~w, ~! tParrtn American Culf C n~ert(~9 'PICT I ~ nd, . *Amenaecm -y "= ~~, Locust ~~"~ ' "'`~ ' '~ locust St. Willings Alley ~,, Cedwslader House * Opcl S. *Pnwai HOUSe - - ~ -- Locust 5[. Spruce St *Hoiy Trinity Church ;p':.. *OIdS€INary's~Chnrch. *Sucicty Hili Synagogue F 0etancey £ = ti * Ph a y v' ysich - '- ~ n `, p;~si S (J C I i~; `I' 7' I I I L I, *Head !louse LIbCrIy COHlT ~ ; Lambertl Sl r . ~ seu~,t Map equttesy of the Society Hill Civic Association - i s ~ s~ Ai SOI.l El 1' II iLI =~~1C41I1B ~0 '!CQ J 718ll18Jf /JLJfdf'!C 7lBL /lOd/Y?OOQ, AT SOCIETY HILL STEP INTO A NEW WALK OF LIFE. All the best that city life has to offer is a relaxing walk or short cab ride ti-om Liberty Court. In Society Hill and nearby, restaurants and cafes line the sidewalks. You'll be entertained in the galleries and cinemas, and delighted at the proximity of grocery stores, salons and spas, bookstores and titness centers. Stroll to festivals and concerts at Penn's Landing, or historic sites like Independence Hall and the Liberty Bell. Whether you want the excitement of night life or the quiet of a colonial garden, you will find it right outside your front door. SPLENDIDLY APPOINTED, LIBERTY ~ OLIRT StIRPASSES ALI_ EXPECTATIONS. Choice of five models 6-om 2,750 to 4,150 sq. lt. 3-4 bedrooms, 3.5+ baths Private garages 10-toot ceilings Patio gardens and upper decks Hardwood and stone doors Oversized closets State-of-the-art security system Elevators (optional) r R ..l~S f~DDI"1'IONAI: AMENLriI:S Kitchens and baths featuring Viking", Brookhaven" by Woodmode" and Kohler''< 10-Year Tax Abatement WE INVITE YOU TO VISIT OUR MODEI. HOME AND SALES CENTER AT 2ND AND LOMBARD STREETS. FREE PARKING AVA[LABLE. Ca11215.928.0238 Visit www.libertycourtcom ~~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 ~ Shown in black. v ~i ~ ~ ~ ~(~` w ~~~I i ~ ~ r ~ ~ ~~I! ~~_ ~~` Q ~ ` \ ~-}-~ n n x .~... _ ~ ~ ~~.. ~'`~i i ~.~ ~~~' I _ X~~ i ~ /u ,~ /~L~ ~ ~ f- ~ ~~:~ ~ ~,' ati n~, n t k _~X C Y~r' ~i .. ~ _ ^ . YY ' J Jf ~ , ~ ~ M - r---- ~ _~ fit ~,~ _ - z. ,,, _ _~ n 'J S :i - .~ _ - ~ r ~ ._ _ ~ - •, r _,, .I ; r~. ~ i _~_,il~ ~~ ~~t b ~~'~ - ~i Please Note: In this drawing, the base of Village Inn Plaza, Phase III, is shown aligned with Crossroads Village hul 1'I~~~~~, I'h~i~~~ 111, east facade 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. v G rf ~I.~ Biomass District Heating Plant Lech Augasc zoos ~ 5 1. ~~. ~.. ~ ~ ~. ~. ... -~ :.:.:..., r• L- --.~ ~~