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2005-12-20 Support Documentation Town Council Evening Session
TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, DECEMBER 20, 2005 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. Paul Smith ITEM/TOPIC: Citizen Recognition. (5 min.) In June of 2005, 8-year-old Hunter Fahrmeyer called 911 in Eagle County for his mother who was suffering from an allergic reaction to medication. Hunter's quick thinking and his ability to calmly and accurately present the requested information to the 911 Dispatcher help to save his mom's life. At this awards presentation, the President of the Colorado National Emergency Numbers Association (NENA) and Paul Smith from the Vail Public Safety Communications Center will present Hunter Fahrmeyer with a 911 Hero's Award. 2. Chip Domke ITEM/TOPIC: Vail Valley Exchange Award Recipients and Scott O'Connell Visiting Exchange Member Introduction. (5 min.) Bianca Gordon, Vail Mountain School Kelsey Ferguson, Vail Mountain School Damien Jewell, Benalla, Victoria Australia Brodie Galbraith, Mansfield, Victoria Australia 3. ITEM/TOPIC: Citizen Participation. (10 min.) 4. Lorelei Donaldson ITEM/TOPIC: Appointments to the Commission on Special Events (CSE), Local Licensing Authority (LLA) and Vail Local Marketing District Advisory Council (VLMDAC) boards. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill the vacancy left by Kevin Foley (term expires May 31, 2007) at the work session and appoint one person to the LLA board at the evening meeting. 2) Please interview the Commission on Special Events (CSE) applicants at the work session and appoint four applicants to the CSE (terms expire December 31, 2007) at the evening meeting; and 3) Please interview the Vail Local Marketing Board Advisory Council (VLMDAC) applicants at the work session and appoint four applicants to the VLMDAC (terms expire December 31, 2007) at the evening meeting. BACKGROUND RATIONALE: LLA: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There is currently one vacancy on the LLA due to Kevin Foley being elected to Town Council. The town received three (3) applications for the vacancy. The Council needs to interview the applicants at the work session and then make the appointment to the LLA at the evening meeting. The applicants are: Mike Arnett (Mike called and stated he will be out of town on December 20, 2005.) Dick Cleveland Danny Padnick (Applied for CSE, as well) CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations' and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There are currently four vacancies on the CSE. The Town received eleven (11) applications for the vacancies. Two applicants are incumbent members of the CSE (noted by asterisks below). The Council shall interview each applicant at the work session and then appoint four applicants to the CSE at the evening meeting. The applicants are as follows: Robert H. Aikens (Applied for VLMDAC, as well) Stephen Connolly* Todd Gerhke* Mike Griff in Clint Huber Joe Joyce Steven E. Kaufman (Applied for VLMDAC, as well) Barbara May Danny Padnick Bryant Roth Scott Stoughton I have enclosed an attendance summary for the CSE for your review. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal , property" will be considered for appointment. The Town received fourteen (14) applications for the vacancies. Three applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint four applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Robert H. Aikens Dale Bugby Mark Cervantes (representing Vanquish Vail Enterprises) John Dawsey (representing Diamond Rock Hospitality, Inc./Marriott Mountain Resort & Spa) Jordan Denning Kenneth Friedman* Andrew A. Karow* Steven E. Kaufman Diane Parks Richard C. Puetzer Chris Romer Paul Rondeau Steve Rosenthal* Richard tenBraak I have also enclosed an attendance summary for the VLMDAC for your review. RECOMMENDATION: Appoint one person to the LLA, appoint four persons to the CSE and four persons to the VLMDAC. 5. Todd Oppenheimer ITEM/TOPIC: Seibert Circle design update. (10 min.) Please refer to the attached memorandum for additional narrative. ACTION REQUESTED OF COUNCIL: Review the current design for the Seibert Circle streetscape feature as presented by Wenk Associates and take action to approve or deny the design, or direct staff to hire an additional design team member (WET Design) to enhance the design for resubmittal and evaluation by the Council. BACKGROUND RATIONALE: At the April 5, 2005, meeting, the Town Council approved a recommendation by the Streetscape Design Committee to develop a new design concept for Seibert Circle. The budget for the complete redesign and reconstruction of Seibert Circle was set at $1,134,000. Subsequent to that approval, the Moroles sculptures were removed to storage and infrastructure and paving improvements were completed during this past fall's construction period. The project is currently on track with approximately $350,000 of the allocated funds available for construction of the central feature. Further enhancement of the feature design may add up to $75,000 to the cost of construction. Several design concepts have been created by the project design team and reviewed by the Seibert Circle Design Committee before it was disbanded following the November election. The final direction by the Council Streetscape Committee was to move forward with a more natural design concept. The natural design concept was to be a streetscape feature rather than an art feature. The design concept was presented to and commented on by the committee. The purpose of this presentation is to allow the Council an opportunity to see the current design and respond to the design team with comments, questions, and formal direction. Ron Riley, owner of the commercial space within the Bridge Street Lodge, has contacted WET Design and brought them to Vail, at his expense, to review the site and discuss the project. WET Design, based in Los Angeles, California, is a world-renown water feature design firm. Their list of projects includes the cauldron for the Salt Lake 2002 Winter Olympics and the Fountains of Bellagio in Las Vegas, Nevada. Staff strongly feels that the current design satisfies the goals of the project. However, if the Council does not agree and wants the Seibert feature to create even more of an impact, Wenk Associates and WET Design have submitted a joint proposal to the town to collaborate in the design of the Seibert feature. The collaborative effort will add $35,000 to the cost of the conceptual design and will provide at least three alternative designs with estimated construction costs for each. The Council would have an opportunity to review, discuss, and select among the alternatives. STAFF RECOMMENDATION: Approve the current design concept for the Seibert Circle Streetscape Feature as presented by Wenk Associates and direct the design team to finalize the design, proceed through the DRB process and prepare for construction to begin in April 2006. 6. Matt Mire ITEM/TOPIC: Assignment of Option by the Metropolitan Council of St. Paul/Minneapolis Minnesota to Purchase one 40' Low Floor Hybrid Diesel-Electric Transit Bus for the In-town Shuttle from its Contract with Gillig Corporation. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, Authorize the Town Manager to execute IGA, and award the subject bid. BACKGROUND RATIONALE: The town has been researching options to replace the in-town shuttle buses with a quieter, cleaner burning more fuel efficient bus. Several demonstrations of different hybrid technologies and buses have been performed in Vail and staff has attended hybrid bus demonstrations at other sites to determine the type of technology and bus that would meet our requirements for noise, emissions and serviceability. Staff believes that the Gillig low-floor hybrid bus will provide an in-town shuttle service that will improve the experience for our residents and guests by reducing noise and emissions and reducing our fuel consumption. These are the same buses that the National Park Service purchased to operate in Yosemite National Park in California to achieve the same results that Vail is trying to achieve. This is the first bus of ten to be replaced on the in-town shuttle and is included in the 2005 capital budget. STAFF RECOMMENDATION: Approve and authorize the Town Manager to execute the IGA, and award the subject bid. 7. Matt Mire ITEM/TOPIC: Notice Under the Americans with Disabilities Act. (10 min.) ACTION REQUESTED OF COUNCIL: Adopt or adopt with amendments the Notice Under the Americans with Disabilities Act BACKGROUND RATIONALE: The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August, 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Notice, publish the Notice, and post it on the home page of the Town's website. STAFF RECOMMENDATION: Adopt the Notice Under the Americans with Disabilities Act. 8. George Ruther ITEMfrOPIC: An appeal of the Town of Vail Planning & Environmental Commission's denial of a variance application, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Commission's denial of the variance application, pursuant to Chapter 12-17, Variances, Vail Town Code. BACKGROUND RATIONALE: On November 28, 2005, the Planning & Environmental Commission denied a request for a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2, and setting forth details in regard thereto. The. appellants, Kevin Roley and Kate Skaggs, owners of 1835 West Gore Creek Drive have appealed the Commission's denial. Please refer to the staff memorandum dated December 20, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Commission's denial, subject to the criteria and findings in the memorandum to the Planning & Environmental Commission, dated November 28, 2005. 9. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 20, Series of 2005, an ordinance repealing and reenacting Ordinance No. 9, Series of 2003, providing for the major amendment of Special Development District No. 36, Four Season Resort, and amending the approved development plan for Special Development District No. 36, in accordance with Chapter 12-9A, Vail Town Code; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 20, Series of 2005, upon first reading. BACKGROUND RATIONALE: On July 10, 2001, the Vail Town Council approved Ordinance No 14, Series of 2001. Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of Special Development District No. 36, Vail Plaza Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a development plan for the special development district which included 15 dwelling units, 116 accommodation units, 40 fractional fee club units, and 14 Type III employee housing units. The approved deviations from development standards of the underlying zoning included an increase from both the maximum allowable height and maximum allowable site coverage standards. On October 7, 2003, the Vail Town Council approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10 adopted an amended development plan for Special Development District No. 36, Four Seasons Resort and rezoned a portion of the development site to the Public Accommodation zone district. The amended development plan allows for the construction of a mixed use hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional fee club units, and 34 Type ill employee housing units. On August 8, 2005, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council of a major amendment to the Approved Development Plan for Special Development District No. 36, Four Seasons Resort. The major amendment consists of the following modifications: the total number of proposed Dwelling Units is reduced from eighteen (18) to sixteen (16); the total number of proposed Accommodation Units increases from one hundred eighteen (118) to one hundred twenty-two (122); the total number of proposed Fractional Fee Club Units is decreased from twenty-two (22) to nineteen (19); and the total number of Type III Employee Housing Units decreases from thirty-four (34) to twenty-eight (28). On November 28, 2005 the Planning and Environmental Commission upheld staff's approval of a request for a minor amendment to Special Development District No. 36, Four Seasons Resort, to allow the applicant to shift the building footprint one foot (1') back from its approved location. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 20, Series of 2005, on first reading. 10. Rachel Friede ITEM/TOPIC: First Reading of Ordinance 29, Series of 2005, an ordinance amending Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code (Housekeeping Ordinance). (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 29, Series of 2005 on first reading. BACKGROUND: Through the review process of various zoning applications, problems arise with specific code sections that are not clear to either applicants or staff. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean-up" the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook. On October 24, 2005, PEC forwarded a recommendation of approval to the Town Council regarding the proposed amendments. A worksession for Town Council was held on December 6, 2005, where a report outlining the details of the proposed text amendments was distributed. Council members asked questions regarding the proposed text amendments and no changes were made. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 29, Series of 2005, on first reading. 11. Bill Carlson ITEM/TOPIC: First reading of Ordinance No. 32, Series of 2005, an ordinance amending 5-3-2, Public Health and Safety, Vail Town Code, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2005. BACKGROUND RATIONALE: Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel burning device as follows: SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox or device intended and or use for the purpose of burning wood, pulp, paper, or other non-liquid or nongaseous fuel. The applicants propose to add the following language to this definition (added language is shown in bold type): Solid fuel burning device does not include cook stoves in licensed commercial eating and drinking establishments in the Town of Vail. Staff is in favor of the proposed text amendment based upon the intent of the subject regulation and the proposal not having a negative impact upon the purpose and intent of Section 5-3-2, Vail Town Code. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 32, Series of 2005, on first reading. 12. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 33, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006, Cascade Village, amending and reestablishing the approved development plan for Area A of SDD No. 4, in accordance with section 12-9A-10, Vail Town Code, to allow for the construction of eleven new dwelling units; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 33, Series of 2005, upon first reading. BACKGROUND RATIONALE: On November 14, 2005, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council of a major amendment to the Approved Development Plan for Special Development District No. 4, Area A, Cascade Village. The requested amendment amends the total number of allowed dwelling units in Area A, Special Development District No. 4, from ninety-four (94) dwelling units to ninety-eight (98). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 33, Series of 2005, on first reading. 13. Warren Campbell ITEMITOPIC: Second Reading of ORDINANCE NO. 25, SERIES OF 2005, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9, SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WITHIN THE DISTRICT AND THE NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min) ACTION REQUESTED OF COUNCIL: Due to a publication error, staff requests Council table the item until January 3, 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated December 20, 2005, for further details (attached). On December 6, 2005, the Town Council approved the first reading of Ordinance 25, Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed). STAFF RECOMMENDATION: Due to a publication error, staff requests Council table the item until January 3, 2005. 14. Matt Mire ITEM/TOPIC: Second reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendment the second reading of Ordinance 27, Series of 2005 BACKGROUND RATIONALE: At the Town of Vail regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Approve Ordinance 27, Series of 2005 on second reading. 15. Judy Camp ITEM/TOPIC: Second Reading of AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min.) ACTION REQUESTED OF COUNCIL: Ask any questions or give any comments regarding the 3`d supplemental of 2005, Ordinance No. 28, Series of 2005, an ordinance making supplemental appropriations to the Town of Vail 2005 budget. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 28, Series 2005 on second reading. 16. George Ruther ITEM/TOPIC: Resolution No. 23, Series of 2005, a resolution repealing and re-enacting Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the Master Plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 23, Series of 2005. BACKGROUND RATIONALE: On December 6, 2005, the Community Development Department presented an application to the Vail Town Council to amend the Official Zoning Map of the Town of Vail to rezone the Evergreen Lodge (Lot 2, Block 1, Vail LionsHead Filing No. 2) from Special Development District #14 to LionsHead Mixed Use -1 District, and setting forth details in regards thereto. Following discussion on the application, the Town Council voted 7-0-0 to approve the amending ordinance (Ordinance No. 30, Series of 2005) on first reading and directed staff to prepare a resolution amending Resolution No. 15, Series of 2005 to include more detailed plan recommendations. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 23, Series of 2005, as presented. 17. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2"d Filing, from High- Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 30, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. On December 6, 2005, the Vail Town Council approved Ordinance No. 30, Series of 2005, on first reading. In doing so, however, the Town Council directed staff to prepare a resolution amending Resolution No. 15 to further clarify the Town's development objectives for the site. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 30, Series of 2005, on first reading. 18. Judy Camp ITEM/TOPIC: Ordinance No. 31, Series 2005, ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. (5 min.) ACTION REQUESTED OF COUNCIL: Approve. on second reading the 2006 Conference Center Budget Ordinance No.*_ 31, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve on second reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. 19. ITEM/TOPIC: Town Manager's Report. (10 min.) 20. ITEM/TOPIC: Adjournment. (9:55 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 JANUARY 3, 2006, 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. N~ ASSIGNMENT OF OPTION TO PURCHASE TRANSIT BUS THIS ASSIGNMENT is made by the Metropolitan Council, a Minnesota political subdivision, ("the Council") and by the Town of Vail ("the Assignee"), with its address at 1289 Elkhorn Drive, Vail, CO 81657. WHEREAS, the Council issued a Solicitation Package, dated February 7, 2002, for the purchase and delivery of low-floor, hybrid diesel-electric forty-foot transit buses; and WHEREAS, as a result of the Solicitation and evaluation of the bids received, and by action of the Council's governing board at its meeting of July 10, 2002, the Council awarded the contract for the buses to Gillig Corporation ("Gillig"); and WHEREAS, the Council and Gillig entered into Metropolitan Council Contract Number 01 P087, entitled "Metropolitan Council Contract for Rolling Stock Procurement," dated September 16, 2002 ("the Contract"), which provides for the purchase of a minimum of three (3) buses for the Council, with an option for exercise by the Council for up to fifty (50) additional such buses, which represented the reasonably foreseeable needs of the Council at that time; and WHEREAS, both the Solicitation Package, containing a sample contract, and the Contract contain an assignability clause in paragraph 8.04 that permits the Council to assign the Contract, including any option, in whole or in part; and WHEREAS, the FTA permits the post-award use of a contractual document or process by a person who was not contemplated in the original procurement, when the solicitation document and the resultant contract contain an assignability clause for all or part of the specified deliverables as originally advertised, competed, evaluated, and awarded, including base and option quantities, and when the original solicitation and the resultant contract contain both a minimum and a maximum quantity, which represent the reasonably foreseeable needs of the parties to the solicitation; and WHEREAS, the Council and the Assignee are each governmental entities and are authorized to contract with other governmental entities; and WHEREAS, the Assignee has satisfied itself that the Council has complied with all FTA third party contracting procedures in procuring the buses; and WHEREAS, the Assignee desires to acquire one (1) of the buses from Gillig under the option provisions of the Contract, and the Council desires to transfer to the Assignee the Council's right to exercise an option for one (1) of the buses under the Contract. NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained in i herein, and for value received by the Council, the Council and the Assignee state and agree as follows: 1. Assignment. The Council assigns to the Assignee the Council's rights under paragraph 5.06 of the Contract to exercise an option to purchase one (1) low-floor hybrid diesel- electric forty-foot buses from Gillig, consents to the Assignee's purchase of the bus under and pursuant to the Contract, and further assigns to the Assignee all of the Council's rights under the Contract in connection with the purchase of the bus. 2. Conditions of Assignment. The Council shall not retain any control over or power of revocation for the exercise of the option to purchase one (1) bus hereby assigned to the Assignee. The Assignee agrees that the Assignee shall negotiate and contract directly with Gillig for the purchase of the bus pursuant to this Assignment and the Contract. The Assignee agrees that the Assignee shall be liable and obligated to Gillig for the total cost of the purchase of the bus pursuant to this Assignment and shall make any payments directly to Gillig in accordance with the Assignee's contract with Gillig. 3. Waiver and Release. This Assignment is further conditioned upon the execution of the attached Waiver and Release by Gillig, and the delivery of the Waiver and Release to the Council at the following address: Metro Transit Director of Purchasing Metropolitan Council Metro Transit Overhaul Base 515 N. Cleveland Avenue Saint Paul, MN 55114 4. Effective Date. This Assignment shall be effective as of the date this Assignment has been fully executed by the Council and the Assignee and the attached Waiver and Release has been executed by Gillig and delivered to the Council. This Assignment shall remain in effect through December 31, 2005, unless extended or sooner terminated by the mutual agreement of the parties hereto. IN WITNESS WHEREOF, the parties have executed this document as of the day and year first above written. METROPOLITAN COUNCIL THE ASSIGNEE By: By: Regional Administrator Date: Date: Approved as to form: Approved as to form: Office of General Counsel Exhibit B Solicitation Package BEST AND FINAL-Or r zR PRICE (PROPOSAL FORM Offerors: Do not include tax in price3. Price Per Unit $482,775.00 Quantity NO. 1 BY %306 02 Unit Warranty Cost $3,755-00 Delivery Date(s). NO. 2 BY 1/. 3 NO. 3 BY 8/31/03 Unit Delivery. Charge _ $3, 540.00 Total Delivered, Warranted Unit Vehicle Cost $490,070.-00 Training: $285, 000.00 Price to provide all training as specified Spare Parts Package: (see Section 10:06 SPARE PARTS of Technical Specification') Price for Special Fixtures needed for Vehicle Maintenance $ .57,998:00 Price for Diagnostic Hardware and $ 48,540.00 Software 1 Price for Special Tools and Fixtures for Maintenance/Repair of Vehicles, Equipmeni $ .15, 873.00 One Complete Power Plant Package $257,500.00 Total Spare Parts Package $379,911.00 Option Buses: This procurement includes an option to purchase up to fifty (50).additional buses as described in the Solicitation Package. The applicable price for option. buses is described in the.Sample ' . Contract and will be set at the time of exercising the.option. Date: JUNE 7 , 2002 GILLIG CORPORATION Print Name: BRIAN MACLEOD Signature:' Title: SENIOR, VICE PRESIDENT [MILLIF-7'1~ - GILLIG CORPORATION BOX 3008 HAYWARD, CALIFORNIA December 5, 2005 94540-3008 TELEPHONE 510/785-1500 Mr. Todd Scholl FAX # 510/785-6819 Fleet Manager VAIL TRANSIT 1289 Elkhorn Dr. Vail, CO 81657 Dear Mr. Scholl: Thank you for your interest to purchase one (1) 40' Low Floor Hybrid bus by "piggybacking" off the St. Paul contract. Attached you will find the variance list and price calculation sheet that would pertain to your next order. I would like to bring to your attention that Gillig has volunteered to a 5% annual escalation cap for this order, rather than the actual contractual amount of 15.96%. Due to recent plant efficiency gains, Gillig is in a position to pass on this savings of $19,120 per bus to Vail Transit. I would also like you to note that Gillig is providing Vail Transit with an additional Hybrid production release savings of $35,000 (off the St. Paul contract), which results in a total bus savings of $54,120. Gillig is pleased to quote the following: ONE (1) 40' HYBRID LOW FLOOR BUS $508.313 Each This price is FOB Vail, CO and valid only until December 31, 2005 at which time this St. Paul Metro contract expires. Prices exclude any taxes and license fees. The production of your buses can be scheduled within 10 months from receipt of order. To maintain this production schedule we will require a firm purchase order within thirty days. We thank you for this opportunity and appreciate your interest in Gillig and our products. Should you have any questions, please do not hesitate to contact us. Sincerely, Joseph Policarpio Director National Sales JP:na Enclosure cc: Jerry Anderson cr PRICE SUMMARY, 11/16/05 let, Ina VAIL, CO. HYBRID (1) 40FT LOW FLOOR, HYBRID SN:TBD ITEM.': `3T.,PAUL" VAIL; CO VARIANCE ENGINE ISB-02 ECHO,W/EGR 260 HP ISB-02 ECHO,W/EGR 260 HP $0.00 ENGINE COMPARTMENT HOSES AEROQUIP FC186 AEROQUIP FC300 ($230.00 COOLANT FILTER NALCOOL 3000 STD FLEETGUARD ($38.00 STARTER N/A N/A $0.00 BLOCK HEATER NOT REQUIRED PHILLIPS TEMRO 120V, 150OW $38.00 TRANSMISSION EP40 HYBR DRIVE SYSTEM EP40 HYBR DRIVE SYSTEM $0.00 FUEL FILL EMCO WHEATON TWIST CAP STD GRAVITY FILL ($570.00 ENGINE HOUR METER NOT REQUIRED REQUIRED $50.00 REAR HAND THROTTLE NOT REQUIRED REQUIRED $150.00 ELECTRICAL TOW CONNECTION COLE HERSEE #12063 (7 WAY) NOT REQUIRED ($87.00 BATTERIES DEKA 8D DELCO 1150, GROUP 31 $245.00 HVAC SYSTEM T/K RELIANT BRUSHLESS T/K RELIANT BRUSHLESS $0.00 DRIVER'S HEATER MOTORS BRUSH BRUSHLESS $708.00 FRONT DOOR THRESHOLD HEATER REQUIRED NOT REQUIRED ($250.00 UNDERSEAT HEATER 1 1 $0.00 WARM WELCOME MATS NOT REQUIRED FRONT & REAR $609.00 AUXILIARY COOLANT HEATER WEBASTO THERMO 300 WEBASTO THERMO 300 $0.00 EXIT DOORS 34" SWING OUT 42" SWING OUT DOORS $460.00 TIRES CUSTOMER FURNISHED MICHELIN (3)-XZE & (4)-XDN2 $2,404.00 PASSENGER SEATS AMSECO 6468 AMSECO 6466 $1,428.00 BLACK NYLON GRAB STRAPS 9 16 $105.00 PASSENGER WINDOWS FULL SLIDERS UPR TRANSOM/FIXED LWR ($365.00 AUXILIARY "CLEANERS" LIGHT SW NOT REQUIRED REQUIRED $42.00 AUX POWER PORT @ DASH NOT REQUIRED REQUIRED $38.00 PUBLIC ADDRESS SYSTEM REI REI $0.00 P.A. BOOM MICROPHONE REQUIRED NOT REQUIRED ($60.00 P.A. HAND MICROPHONE NOT REQUIRED REQUIRED $60.00 TWO WAY RADIO NOT REQUIRED NOT REQUIRED $0.00 TRANSFER CUTTER GLOBE 303 NOT REQUIRED ($63.00 PLEASURE RADIO NOT REQUIRED AM/FM/CD ON STORAGE BOX $260.00 PLEASURE RADIO ANTENNA NOT REQUIRED REQUIRED $26.00 DRIVER'S SPEAKERS NOT REQUIRED (2) REQUIRED - $102.00 DESTINATION SIGNS LUMINATOR 100% AMBER LED LUMINATOR 100% AMBER LED $0.00 REAR RUN SIGN REQUIRED NOT REQUIRED ($775.00 FRONT RUN SIGN TRANSIGN - D-5591 NOT REQUIRED ($220.00 -HEATED DEST SIGN GLAZING NOT REQUIRED REQUIRED $225.00 EXTERIOR MIRRORS ROSCO 8 X 8 ONE PC B&R 10 X 11,HTD,REMOTE ' $441.00 EXTERIOR GRAPHICS NOT REQUIRED NOT REQUIRED $0.00 1/0 RF WIRELESS COMMUNICATION NOT REQUIRED REQUIRED $1,242.00 FIRE SUPPRESSION SYSTEM AMEREX V25 AMEREX V25 $0.00 BIKE RACK SPORTSWORKS DL2 NOT REQUIRED ($715.00 VIDEO SURVEILLANCE SYSTEM KALATEL 5 CAM (B/W) SAFETY VISION RR6000 4 CAM ($742.00 EXTERIOR VIEWING SYSTEM NOT REQUIRED INTEC CVC 120 $1,350.00 r: PRICE SUMMARY, 11/16/05 VAIL, CO. HYBRID (1) 40FT LOW FLOOR, HYBRID SN:TBD e. ITEM Yn ST PAUL < < VAlL, CO, :VARIANCE BLOOD BORN PATHOGEN KIT - NOT REQUIRED REQUIRED $42.00 INTELLIGENT VEHICLE SYSTEMS CLEVER DEVICES IVN NOT REQUIRED ($6,084.00 TRAFFIC SIGNAL PRIORITY SYSTEM OPTICOM NOT REQUIRED ($1,165.00 EXTENDED WARRANTY (ENGINE) NOT REQUIRED REQUIRED $1,900.00 TOTAL VAIL VARIANCES $561.00 ST PAUL 40 FT LOWFLOOR HYBRID BASE PRICE (JUN '02) $482,775.00 ADJUSTED VAIL 40' LOW FLOOR HYBRID BASE PRICE (JUN '02) $483,336.00 ESCALATION CALCULATION PPI 1413 ACTUAL 193.2(SEPT'05) /166.6 (JUN'02) = 15.96% $77,059.00 GILLIG VOLUNTARY 5% ANNUAL CAP PPI 1413: TRAILING 12 MO CAP 193.2 (SEPT'05) / 183.5 (OCT'04) = 5% $24,141.00 PPI 1413: LEADING 12 MO CAP 183.5 (OCT'04) / 170.1 (NOV'03) = 5% $24,141.00 PPI 1413: TO CONTRACT DATE 170.1(NOV'03) / 166.6(JUN'02) = 2% $9.657.00, ESCALLATION ADJUSTMENT (GILLIG'S 5% CAPS) $57,939.00 $57,939.00 GILLIG VOLUNTARY 5% ANNUAL CAP SAVINGS - <$19120> DELIVERY $2,038.00 GILLIG / ALLISON HYBRID PRODUCTION RELEASE SAVINGS (OFF ST. PAUL CONTRACT) <$35,000.00> VAIL 40' LOW FLOOR HYBRID BASE UNIT PRICE $508,313.00 ' NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT 0 ~Usrr~ In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the [City/County] will not discriminate against qualified individuals with disabilities on the basis of disability in the [City's/County's] services, programs, or activities. Employment: The [City/County] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The [City/County] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the [City's/County's] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The [City/County] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all [City/County] programs, services, and activities. For example, individuals with service animals are welcomed in [City/County] offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a [City/County] program, service, or activity, should contact the office of [name and contact info for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the [City/County] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a [City/County] program, service, or activity is not accessible to persons with disabilities should be directed to [Name and contact information of ADA Coordinator]. The [City/County] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Attachment A to Settlement Agreement between the United States of America and the [City/Countyl DO 204-13-275 MEMORANDUM TO: Vail Town Council FROM: Rachel Friede, Department of Community Development DATE: December 6, 2005 SUBJECT: Ordinance No. 29 Series of 2005 (Housekeeping Ordinance) 1. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is proposing text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town Code. Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code Sections, many of which have occurred through zoning amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission, and the Town Council, with a housekeeping ordinance to rectify these issues. It is important to note that none of the text amendments will result in significant changes to the Vail Town Code, but rather seek to clarify the text or correct spelling and grammar errors. Examples of proposed text amendments are shown below and categorized by the type of error. Additions of text are shown in bold while deletions are shown in s ethreugh. Soellina Error: In this case, the. word "willful" is spelled incorrectly. The proposed text amendment will correct this mistake and ensure that the Code is legally binding. 11-3-2. LIABILITY.• The provisions of this Ttitle shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or W#U willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Ttitle. Grammatical Error: While there are hundreds of different grammatical errors existing in the Vail Town Code, one example of a grammatical error is that "Vail Village Urban Design Guide Plan and Design Considerations" is not capitalized. This is a very common grammatical error in the Town Code. Other terms often not capitalized but which should be are "Planning and Environmental Commission," "Town Council," "Title," "Section" and the names of zone districts(Hillside Residential, Single-Family Residential, etc..). 1 12-7B-12: HEIGHT: Height shall be as regulated in the Vail Vvillage Wirban Ddesign Gguide Pplan and Ddesign Csonsiderations. Standardization of Terminology. The term "zone district" refers to the various sections of the Town of Vail which have uniform regulations governing the use of land and the density, bulk, height and coverage of buildings and other structures. Throughout the Town Code, the term is also referred to as "districts" which may be confusing to applicants. Therefore, the proposed text amendments include standardization of this term as "zone district," shown below. Note there are also numerous grammatical errors in this Article. 12-7C-2: REQUIREMENTS FOR ESTABLISHMENT, DEVELOPMENT PLAN. C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle, shall substantially conform to w#h the development plan adopted by the Ttown Csouncil. Clarifications: In Article 14-10F: Outdoor Lighting, there are numerous places where clarifications need to occur. First, the term "Frequency" has been an issue with applicants, being misconstrued as related to a technical lighting term rather than the number of lights permitted. The proposed text amendment would change "Frequency" to "Quantity" in order to clarify the purpose of the Article. Also in this Article is a reference to the "Town of Vail's Municipal Code," which is an improper reference to the "Vail Town Code." The proposed text amendment seeks to clarify which document is being referenced. The last proposed text amendment to this Article is a change to a reference to Section 18.04.137, which is the codified Section of the Town Code before it was recodified. This Section no longer exists, and the correct reference is Chapter 14-2. ARTICLE 14-10F. Outdoor Lighting: 9. €FequenGy Quantity. For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner,-so long as the lights are in compliance with the Vail Town Code Code. Light sources which are no more than eighteen inches above grade, as measured from the top of the fixture to the finish grade below, and are either full-cutoff fixtures, as defined in Chapter 142 Sestien or have a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. 2 II. BACKGROUND On August 22, 2005, PEC held a worksession to discuss the need for proposed text amendments to the Town Code, which have arisen out of the "clean-up" process. The PEC responded to spelling and grammatical changes with positive comments. On September 12th, a second worksession was held to review clarification changes with PEC comments resulting in a few modifications. On October 10th, 2005, PEC reviewed yet another set of clarifications and felt comfortable with the proposed text amendments. These amendments were compiled by staff into the Report on Proposed Text Amendments To The Vail Town Code, found in Attachment X. On October 24th, PEC forwarded a recommendation for approval with conditions to the Vail Town Council for the text amendments outlined in the Report. The condition was that any additional grammatical or spelling changes could be added to the report before review by Town Council. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council listen to all presentations and ask questions in order to more fully understand the proposed text amendments. Additional worksessions will occur as necessary to familiarize Town Council members with the proposed amendments, after which a first reading will occur. IV. ATTACHMENTS A. PEC memo August 22, 2005 B. PEC memo October 24, 2005 C. Report on Proposed Text Amendments to Vail Town Code 3 Attachment X MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 22, 2005 SUBJECT: A request for a worksession to discuss a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town.Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, the Town of Vail, is proposing text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook of the Vail Town Code. The majority of these amendments are grammatical and spelling changes or clarifications to the Code, while others are changes in policy that have arisen from the "clean-up" process. As this is only a worksession, staff will not make a recommendation at this time. II. DESCRIPTION OF THE REQUEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code sections, many of which have occurred through zoning code amendments, changes in procedures, or.errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues' have also arisen and staff looks to update the Code to reflect changes in policy. In the next session, staff will introduce a recommendation to the Planning and Environmental Commission for proposed text amendments to Title 11, Sign Regulations, Title 12, Zoning Regulations, Title 13, Subdivision Regulations and Title 14, Development Standards Handbook. This worksession has been requested so that the PEC can become familiar with the proposed text amendments, to be submitted to PEC in the near future. III. DISCUSSION ITEMS 1 r • NEED FOR TEXT AMENDMENTS: The Town Code has numerous simple errors, as well as sections which are unclear to various stakeholders. It is paramount that the Town rectify these problems in order to have a clear and concise Code. As for the policy changes, these have arisen through actual applications that have brought to light the numerous policy changes necessary to render the Code consistent with the shifting policy of the Town's development objectives. • THREE TYPES OF REVISIONS: i. GRAMMAR AND SPELLING: The first tier outlines all of the grammatical and spelling errors present in the Vail Town Code. .In correcting these errors, we can ensure that the Town Code will continue to serve the public's best interests through clear, concise and professional legal text. One of the most common mistakes in this tier will be capitalization of proper nouns, such as Planning and Environmental Commission. Another error that was corrected is that "zone district" was improperly codified as district" in many cases. ii. CLARIFICATION: The second tier includes text amendments that will clarify portions of the Code that have created problems for applicants, DRB, PEC and the Town Council. In some instances, procedures for development review and criteria for applicants, DRB, PEC and Town Council to follow are not completely outlined, leaving the various stakeholders without enough direction during the process. Staff reviewed these gaps in the Code and by creating procedure where lacking, we can ensure a legally binding process is occurring in the Town's development review process. This section will also seek to create complete Definitions chapters of Titles 11, 12, 13 and 14, by defining "terms of art" found in the Code but not in the Definitions chapters(11-2, 12-2, 13-2, 14-2). These are just two examples out of the many text amendments proposed in this tier that will alleviate confusion among applicants and other stakeholders. iii. POLICY CHANGES: When staff evaluates the Code for clean-up purposes or simply during the course of design review, policy issues inevitably arise. Issues that hamper the planning process and oppose the public's interest should be corrected. The third tier discusses. such changes in policy. In many cases, changes in policy may come after numerous variances are given, and a shift in policy is made obvious, as in the case of making "Convenience Food Stores" a "Subject to Review" land use in the Heavy Service District. Other policy changes come from a need to revisit procedure, as staff reviewed in the Subdivision Regulations. When we do not follow the current regulations in the Code verbatim, we must address this by shifting our policy to reflect actual procedure. 2 IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Vail Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Vail Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Vail Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Vail Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code, and will be applied to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals and/or intent of the Titles. The lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11, 12, 13, and 14. The text amendments create a more comprehensive, clear and concise Code that will promote the general welfare of the community, which is the most applicable purpose in common among the pertinent Titles. 3 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. A significant amount of time has elapsed since the last "clean-up" process has occurred, and numerous changes have occurred within the Department of Community Development as well as the Town of Vail. 4. The extent to, which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION Due to the nature of worksessions, no action is recommended at this time. However, staff will make a recommendation when the request for proposed text amendments is' submitted to the Planning and Environmental Commission. VII. ATTACHMENT A. Public Notice B. Draft of Proposed Text Amendments 4 Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 24, 2005 SUBJECT: A request for a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, Town of Vail, is requesting a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental ' Commission forwards a recommendation of approval with conditions to the Vail Town Council for the proposed text amendments, subject to the findings and conditions noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST Throughout the development and design review process, the Planning staff has noted problems that arise with specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and the Town Council to "clean-up" the Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. As the clean-up process has not occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. In the process of clean-up, minor policy issues also arise and staff looks to update the Code to reflect shift in policy. Staff has drafted a report, in Attachment A, including all the proposed text i amendments previously reviewed by the Planning and Environmental Commission. The last set of proposed text amendments, in Section VI of this memo, will be added to this report pending comments by PEC. Staff is also requesting permission to add any grammatical or spelling changes still not corrected in this report before submission to Town Council. 1111. BACKGROUND On August 22, 2005, PEC held a worksession to discuss the need for proposed text amendments to the Town Code, which have arisen out of the clean-up process. Staff presented an overview of the three tiers of proposed text amendments: spelling and grammatical changes, clarifications of code and policy changes. The PEC reviewed Tier I, spelling and grammatical changes with positive comments. On September 12th, a second worksession was held to review clarification changes with PEC comments resulting in a few modifications. On October 10th, 2005, PEC reviewed yet another set of clarifications and felt comfortable with the proposed text amendments. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Vail Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Vail Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12- 3-7, Amendment, Vail Town Code. The Vail Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Vail Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the 2 criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Sian Reaulations (Title 11. Vail Town Code) Chapter 11-1: Description, Purpose and applicability 11-1-2: Purpose A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design 'and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Town of Vail Zonina Reaulations (Title 12. Vail Town Code) Chapter 12-1: Title, Purpose and Applicability 12-1-2: Purpose A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Town of Vail Subdivision Reaulations (Title 13. Vail Town Code) Chapter 13-1: General Provisions 13-1-2: Purpose A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. B. Goals: To these ends, these regulations are intended to protect the 3 environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the Town Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. Town of Vail Development Standards Handbook (Title 14. Vail Town Codel Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards 4 will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the town. The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code, and will be applied to the changes in Title 12 as well as Titles 11, 13 and 14, which only state the purpose, goals and/or intent of the Titles. The lack of review criteria and factors for consideration for a text amendment application will also be addressed within these text amendments. VI. PROPOSED TEXT AMENDMENTS Note: While proposed text amendments were included in the PEC memo, these amendments are now included in the Report on Proposed Text Amendments to the Vail Town Code. VII. CRITERIA AND FINDINGS A. The review criteria and factors for consideration for a request of a text amendment from Title 11, 13 and 14 are very general statements that point to the purpose of these Titles and what criteria should be used in determining if an amendment is to be adopted. Staff believes.that these text amendments follow in accordance with the purpose and intent of these Titles, as the text amendments are all in line with the public interest and serve to improve the Code. The review criteria and factors for consideration for a request of a text amendment from Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for Title 11, 13, and 14, these provisions will be used for this entire text amendment to provide for a stringent criteria. A. Consideration of Factors Reaardina the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11, 12, 13, and 14. The text amendments create a more comprehensive, clear and concise Code that will promote the general welfare of the community, which is the most applicable purpose in common among the pertinent Titles. . 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes that the proposed text amendments better implement and 5 better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes that the proposed text amendments align the specific language of the Regulations with the accepted interpretation and implementation of the regulations. A significant amount of time has elapsed since the last "clean-up" process has occurred, and numerous changes have occurred within the Department of Community Development as well as the Town of Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Plannina and Environmental Commission shall make the following findinas before forwardina a recommendation of aDUroval for a text amendment: 1. 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 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Review Handbook; and 3. 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. VIII. STAFF RECOMMENDATION 6 The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council for the proposed text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Town Code, in Section VI and Attachment I of this memo for proposed "house keeping" amendments and/or corrections. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a , recommendation of approval with conditions to the Town Council the Town of Vail's request for proposed text amendments to Title 11, Title 12, Title 13 and Title 14, Vail Town Code, for proposed "house keeping" amendments and/or corrections. " Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments staff recommends that the following findings be incorporated into a motion: "1. 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 2. That the amendments further the general and specific purposes of the Sign, Zoning and Subdivision Regulations and the Development Standards Handbook, and 3. 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." Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the following condition: "1. Prior to submitting a report of proposed text amendments to Town Council, staff may add text amendments to spelling and grammatical errors in the Vail Town Code to said report. " IX. ATTACHMENTS A. Report on Proposed Text Amendments To Vail Town Code ATTACHMENT C REPORT ON PROPOSED TEXT AMENDMENTS TO VAIL TOWN CODE k i Prepared by: Rachel Friede The Department of Community Development Town of Vail October, 2005 INTRODUCTION Project Background Throughout the development and design review process, the Planning staff has noted problems that arise with specific Code sections, many of which have occurred through Zoning Regulations amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to "clean-up" Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook.. These Titles were carefully reviewed for any inconsistency and lack of clarity. As the clean-up process has not occurred for some time, a thorough review of the Town Code has revealed a litany of grammatical and spelling errors as well as portions of the Code that require clarification. The clean-up process resulted in this study, The Report on Proposed Text Amendments to the Vail Town Code. Approach to, the Project Community Development Department Staff have created a staff interpretation guide for places in the Town Code where clarification is necessary and different interpretations of the same language can occur. Staff used this guide as a basis for this project, hoping to clarify many of these staff interpretations with text amendments. Staff also reviewed the Code for grammatical and spelling errors that have been missed in previous Code clean- up projects. Over the Summer, staff met periodically to discuss the Town Code and specific Chapters where problems have arisen. Many of these- proposed changes have been included in this Report, while others were stricken due to creating other .inconsistencies. Scope of this Report The Report on Proposed Text Amendments to the Vail Town Code is the produce of our approach to the clean-up process. It includes a comprehensive inventory of issues in the Sign Regulations, Zoning Regulations, Subdivision Regulations and the Development Standards Handbook, amendment. options and alternatives as well as staff recommended text amendments. The proposed text amendments will not significantly alter any policy, but rather seeks to create a Code that is legally binding and user-friendly. The report is intended to provide a framework for the Town Council, PEC, staff and public to discuss the issues in the Town Code, and alternatives for addressing these issues. Organization of this Report The. Report on Proposed Text Amendments to the Vail Town Code is organized in the same order as the Town Code. The Chapter, Section or Subsection(s) that are being scrutinized are identified. Then, issues with the respective portions of the Code are identified, with options for amendments also identified. Then, within the text boxes are the recommended amendments, which are outlined in ordinance form. This means that all additions are in bold, while all deletions are in striket4eugh. Recommendations for Implementation The Planning and Environmental Commission reviewed these proposed text amendments in numerous worksessions and then made a final recommendation of approval to the Town Council on October 24th, 2005. This Report was forwarded to Town Council as an outline of these recommendations. Staff will present this Report to the Town Council in multiple worksessions, and then will package all proposed amendments into one ordinance. The approval of this ordinance would enact all amendments in one step. There are numerous advantages to packaging all amendments into one ordinance. The greatest advantage is that all the amendments, many of which are inter-related, can be passed in unison. This is very important, considering that this report recommends hundreds of text amendments. TITLE.11: SIGN REGULATIONS CHAPTER 11-1: DESCRIPTION, PURPOSE, AND APPLICABILITY. SECTION 11-1-1: DESCRIPTION. SECTION 11-1-2. PURPOSE: SECTION 11-1-3: APPLICABILITY. ISSUE There are numerous capitalization errors, such as the words Title, Code and Design Review Board. OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the words can be capitalized. RECOMMENDED AMENDMENTS 11-1-1: DESCRIPTION. This Ttitle may be cited as the SIGN REGULATIONS for the Ttown, and shall be incorporated as Ttitle 11 of this Csode. 11-1-2. PURPOSE. A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety,. morals, and general welfare of the Ttown of Vail and to promote the coordinated and harmonious design and placement of signs in the Ttown in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Ttown of Vail. 11-1-3: APPLICABILITY.• Except as provided elsewhere in this Ttitle, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this Ttitle. All signs in the Ttown of Vail are subject to the design guidelines and standards (Ssection 11-5-1 of this Ttitle) and review by the Ddesign Rreview B,board (DRB). 1 CHAPTER 11-2: DEFINITIONS: SECTION 11-2-1 DEFINITIONS ENUMERATED: ISSUE There is a grammatical error to the definitions of "Residential Nameplate Sign." . OPTIONS The error can remain or a text amendment can easily fix this mistake. RECOMMENDED AMENDMENT 11-2-1 DEFINITIONS ENUMERATED: RESIDENTIAL NAMEPLATE SIGN. A sign erected for the sole purpose of identifying the inhabitant(s) residing therein, and/or the house name or address, which Mat shall not contain advertising of any kind. ISSUE There are many terms in the Sign Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of the Sign Regulations. OPTIONS Without any changes, the Sign Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions chapter of the Sign Regulations provide' codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS Add the following to 11-2-1: BALLOON. A flexible bag designed to be inflated with hot air or with a gas, such as helium, that is lighter than the surrounding air, causing it to rise and float in the atmosphere. BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. PLAQUE, DEDICATION. A plate, slab, or disk that is ornamented or engraved for mounting, as on a wall or the ground, in order to honor a person or persons, or to denote transfer of the property to the public for public use. SIGN, ENTERTAINMENT. A sign that serves to advertise a visual or audio media format, including but not limited. to movies, television shows and. audio CDs or records. 2 SIGN, GARAGE SALE. (Also referred to as YARD SALE SIGN): A temporary sign that announces a garage sale or similar event. SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is placed on a memorial site, including a memorial fountain or statue. SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the Town of Vail for public use, including directional signs, to control traffic or for other regulatory purposes. SIGN, PRIVATE NO PARKING: A sign on private property that alerts others of non-public parking space. SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, or within a specific zone district of the Town of Vail. SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that -is constructed, erected and maintained by the Town of Vail, or with the permission thereof, in order to inform the • public of public amenities, community activities, special events, and personal information. SIGN, SALE. A sign that identifies a discounting of merchandise is taking place within the commercial establishment. SIGNS, EXEMPT: A sign that is not subject to the regulations of this Title. TABLET: A slab or plaque with a surface that is intended for or bears an inscription. ISSUE There are numerous definitions that reference other terms or Subsections of the Code. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A "no action" approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more comprehensive definitions Section of Title 11 with each definition clearly outlined. RECOMMENDED AMENDMENTS AGGRIEVED PERSON: #pen sc 4effi4ed in subseGtibn 42- 3-392 c` thGede: Any person who will suffer an adverse 3 effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. DISPLAY BOARD: See defingiep of Menu . (Also Known As A MENU BOX): A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, real estate listings, entertainment options, or items related to the advertised business; allowed at eating and drinking establishments, real estate businesses and movie theaters only. SIGN, HANGING Si&AL ,-7 Sign-. (Also referred. to as PROJECTING SIGN) A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. SIGN, PROJECTING SIGN: (Also referred to as a HANGING SIGN) A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. SIZE: (See also de€nitieas-sf AREA, SIGN.) The dimension of a sign, determined by the type of sign, as further regulated by Chapter 6, Business And Building Identification Signs", of this Title. ISSUE During Vail's Billion Dollar Renewal, there has been confusion among applicants as to which Sign Regulations apply to particular projects. There are regulations for Temporary Site Development Signs, but they do not match the Town Council approved regulations for signs during the renewal. OPTIONS While one option is to do nothing, this will result in continued confusion during the renewal process. Another option is to unify all the signs related to construction, but this would take away from the Temporary Site Development Signs' ability to promote Vail's Billion Dollar Renewal. Staff feels that construction sign and temporary site development sign should be clarified to create two separate terms, one for major development periods, and the other for general construction. Staff is recommending revamping the Temporary Site Development Sign regulations and creating Construction Sign regulations below. In the future, applicants will have a clear understanding of which signs apply to their projects. Staff will also have codified standards from which to regulate. RECOMMENDED AMENDMENTS ° SIGN, CONSTRUCTION Sl6 Deve~ment 94n. A sign permitted to identify a project under construction and the associated hazardous conditions as further regulated by Section 11-7-13, Vail Town Code. SIGN, TEMPORARY SITE DEVELOPMENT., A sign permitted to identify and describe a project under construction and the 4 associated hazardous conditions, during large scale development periods as determined by the Vail Town Council, as further regulated by Section 11-7-6, Vail Town Code.I that may inGkde' the pFejeGt- s ~dccc; a general GOntYaGtor, ar-Gh teG T°ral estacvcGte agent, vir~'+i'° per-son ISSUE Using both "business frontage" and "linear frontage" to describe various frontages of a building has created confusion in applying the Sign Regulations. OPTIONS If the terms remain the same, there will continue to be confusion regarding frontages. This can lead to confusion as to how many signs can be displayed on a property. By only using Linear Frontage instead of business frontage, one uniform term applies to all frontages. In the case of business frontages, refer to the Linear Frontage of a business. RECOMMENDED AMENDMENTS FRONTAGE, LINEAR: The horizontal, lineal dimension of any side of a first story, second story, or other above grade level. When more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own linear frontage. FRONTAGE, BUILDING: The horizontal, lineal dimension of any side of a building that has a usable public entrance upon a major vehicular or pedestrian way or other major circulation area. Where more than one use occupies a building, each use having a public entrance for its exclusive utilization shall be considered to have its own businsE: frontage. F=QQA1T-4GE-, BUS! ~T-O: . 64e- ef #Fat seoGnd step,,, er ether ah ve gAade busines that -f as a a . pedestFian way or- other- majoF Gimidation Ea 9R6-{ftiSB-A66bo= a 3 ,9ub#G-e --e -..a# be GensideFed te have its own business CHAPTER 11-3: ADMINISTRATION: SECTION 11-3-2• LIABILITY: ISSUE There are numerous capitalization and spelling errors. OPTIONS The errors can remain, with no serious consequences except an unprofessional looking Code. Or, the errors can be corrected as shown in the recommendation. 5 RECOMMENDED AMENDMENT 11-3-2. LIABILITY.• The provisions of this Ttitle shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or wilU willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this Ttitle. The provisions of this Ttitle shall not impose upon the Ttown of Vail, its officers, employees, or the Ddesign Rfeview Bboard, any responsibility or liability by reason of the approval of any sign. CHAPTER 11-3: ADMINISTRATION: SECTION 11-3-3: PRESCRIBED REGULATIONS AMENDMENT: (NEW SECTION) ISSUE There are no applicable factors and necessary findings to review proposed text amendments to the Sign Regulations. OPTIONS Currently, staff uses factors and necessary findings from the Zoning Regulations, as well as consideration of the purpose of the Sign Regulations. Staff feels that factors and necessary findings need to be written into the Sign Regulations to give PEC and the Town Council a legally binding procedure. RECOMMENDED AMENDMENT Enact a new Section, 11-3-3: Prescribed Regulations Amendment: a. Factors, Enumerated. Before acting on an application for an amendment to the regulations prescribed in this Title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment. (1) The extent to which the text amendment furthers the general and specific purposes of the Sign Regulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable, and 6 (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the PEC and/or Town Council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: (9) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (2) That the amendment furthers the general and specific purposes of the Sign Regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. CHAPTER 11-5: DESIGN GUIDELINES AND STANDARDS SECTION 11-5-2: DESIGN GUIDELINES ISSUE There should be a hyphen in the word "nonreflective," a grammatical error. OPTIONS The error can remain, with no serious consequences except an unprofessional looking Code. Or, the word can be fixed. RECOMMENDED AMENDMENT 11-5-2: DESIGN GUIDELINES C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick, stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nenrefle non-reflective glass and stained glass, other naturally textured building materials. CHAPTER 11-6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 7 SECTION 11-6-1: PURPOSE AND DESCRIPTION: ISSUE There is a grammatical error and two capitalization errors. OPTIONS The errors can remain or they can be fixed, which will create a more professional looking Code. RECOMMENDED AMENDMENTS 11-6-1: PURPOSE AND DESCRIPTION. Business and building identification signs are meant to identify and inform through the display of the business and/or building .name and any graphic symbols or language pertinent to the advertised enterprise. This CGhapter covers all of the technical information related to business and building identification signs. All business and building identification signs shall comply to with the standards outlined in this CGhapter and shall be subject to design review. SECTION 11-6-3: BUSINESS.SIGNS: SECTION 11-6-4: BUILDING IDENTIFICATION SIGNS: ISSUE One of the text amendments to Section 11-2-1 is the removal of the term "business frontage," with the intention of changing this term in the Code to "linear frontage of a business." This issue has come up due to confusion of applicants over the Sign Regulations. OPTIONS If there are no changes made, the places that reference "business frontage" will be even more confusing without a definition. With the changes to replace "business frontage" with "linear frontage of a business," there will be less terms being used to determine quantity of signage on buildings. RECOMMENDED AMENDMENTS 11-6-3: BUSINESS SIGNS: B. Sign District 2 (SD 2); Number, Area, Height, And Special Provisions Of Business Signs: 1. Wall and projecting/hanging signs: a. Number: One per linear business frontage of a business on a major pedestrian or vehicular way with a maximum of three (3) per business. D. Sign District 2 (SD 2); Measuring Linear &-ciness Frontage For Business Signs: Figure 3 of this Ssection illustrates how to measure the linear frontage of a business. Note: In order to be considered a frontage, that side of a building or business 8 shall have a major public entrance that opens onto a major vehicular or pedestrian way. 11-6-4: BUILDING IDENTIFICATION SIGNS: 3. Sign Districts 1 And 2; Types Of Building Identification Signs: c. Joint directory signs: (1) Number: One joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building . identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. CHAPTER 11-7: OTHER SIGNS SECTION 11-7-3: PUBLIC INFORMATION SIGNS: ISSUE This Section is not following the same format as other specific Sign Regulations. OPTIONS If we do nothing, we will be doing a disservice to the Code, which needs to be formatted universally. In this case, the content of Section 11-7-3, Vail Town Code, was reworded to reflect the format of other sign regulations within Title 11, Vail Town Code. This proposed text amendment does not change the meaning of this regulation in any way. RECOMMENDED AMENDMENT 11-7-3: PUBLIC INFORMATION SIGNS: A: Description: All public information signs shall be ubjest-te design _ include any display board or kiosk with the intended use of locating posters, handouts, and cards identifying community activities, special events, and personal information. B. Size, height, number, location, design, lighting and landscaping: Subject to design review. C. Special Provisions: All display boards and kiosks shall be constructed, erected, and maintained by the Ttown of Vail or with the permission thereof. SECTION 11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS: SECTION 11-7-13: CONSTRUCTION SIGNS: (NEW SECTION) ISSUE- There is confusion as to what a "Temporary Site Development Sign" is and what projects are applicable. Public Works' sign program far the Billion Dollar Renewal outlines rules for signs that run contrary to the Sign Regulations OPTIONS If nothing is done, there will be continued confusion from applicants as to what signs are required on construction sites. As Temporary Site Development Signs will be linked to major development periods in Vail, such as the Billion Dollar Renewal, the Code needs 9 to reflect the Town Council approved sign program introduced by the Department of Public Works. Text amendments will clarify the difference between "Temporary Site Development Signs" and "Construction Signs," changing the regulations for "temporary site development signs" to reflect the Public Works rules and creating a Section on "construction signs." RECOMMENDED AMENDMENTS 11-7-6. TEMPORARY SITE DEVELOPMENT SIGNS: A. Description: . A sign permitted to identify and describe a project under construction and the. associated hazardous conditions during large scale development periods as determined by the Town Council. 1. Size: Any site development sign shall not exceed twenty 0) square foot yeti a heiizental &Pen&ien no gFeater- than ten fee (109. Forty-two (42) inches by fifty-three (53) inches in dimension. 2. T e tep e a S. #reng grade: 23. Number.• One sign per building frontage upon a site. 34. Location: the u*c ar4-64a#-,bo su . Signs shall be mounted on construction fencing. In the absence of construction fencing, a two-sided sign mounted on a four by four (4x4) inch post may be placed within a landscaped planter. Degign_ 46. Lighting: Not permitted. 57. Special Provisions: Temporary site development signs shall be removed prior to the issuance of a temporary certificate of occupancy. 6. Content: No content other than listed below shall be included on a Temporary Site Development Sign. ° A. Temporary Site Development Signs shall include the following information: (1) Project Name (2) Building Permit Number (3) Contact Information: Only one name, one phone number and one email address shall be permitted. (4) Physical address. B. Temporary Site Development Signs may include the following information: (1) Staff approved development slogans. (2) Brief factual description of the project. (3) Website address. (4) Artist Rendering. (5) Proposed completion date. 10 RECOMMENDED AMENDMENT Enact a new Section, 11-7-13 Construction Signs, to read: 11-7-13: CONSTRUCTION SIGNS A. Description: A sign permitted to identify and describe a project under construction and the associated hazardous conditions. 1. Size: Any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten (10) feet. 2. Height. The top of a sign shall be no higher than eight feet (8) from grade. 3. Number: One sign per site. 4. Location: A wall mounted sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrianway which the building abuts and shall be subject to design review. If no wall exists for sign to be placed, the sign may be mounted on the construction fence. 5. Lighting: Not permitted. 6. Special Provisions: Construction signs shall be removed prior to the issuance of a temporary certificate of occupancy. 7. Content. Only the following text shall be included on construction signs with no other content permitted: a. Project name b. Building permit number c. Contact information: Only one (1) name, one (1) phone number and one (1) email address shall be permitted. d. Physical address. CHAPTER 11-8: SIGN PROGRAMS SECTION 11-8-2: CRITERIA: ISSUE There is.a grammatical error and a capitalization error. OPTIONS We can let the errors remain or we can correct them. RECOMMENDED AMENDMENTS 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi-family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski . base facilities). or for redevelopment projects at the discretion of the staff. Existing multi-tenant nqultitenant commercial buildings shall 11 be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this Ttitle. CHAPTER 11-10: VARIANCES AND APPEALS: SECTION 11-10-1: VARIANCES: SECTION 11-10-2: APPEAL OF A VARIANCE: ISSUE There are numerous capitalization errors. OPTIONS We can. let the errors remain, or we can correct them. RECOMMENDED AMENDMENTS 11-10-1: VARIANCES: A. Purpose: A variance from the Ssign Rmgulations constitutes relief from the strict interpretation of the standards and may be granted by the, planning and envk-enmental Gen4ngie Planning and Environmental Commission(PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this Ttitle. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the Csommunity Ddevelopment Ddepartment. The variance application must include a sign permit application, the applicant's reasons for requesting ,a variance, and a nonrefundable fee determined by the Ttown Csouncil as set forth by Ttown ordinances. The staff shall set a date for a hearing before the planning and envirenng eeissian-Planning and Environmental Commission once the complete application has been received. 11-10-2: APPEAL OFA VARIANCE. An appeal to the Town Council town GeunG# of a Planning and Environmental Commission--pk%qning and en4enmental (PEC) decision on a sign variance application may be made in accordance with the appeal process (Ssection 12-3-3 of this Ceode). 12 TITLE 12: ZONING REGULATIONS CHAPTER 12-1: TITLE, PURPOSE AND APPLICABILITY: SECTION 12-1-1: TITLE: ISSUE The Zoning Regulations and the Vail Town Code are incorrectly referenced in the Title Section. OPTIONS We can let the errors remain which would cause continued confusion as to how to formally and informal refer to the Zoning Regulations and the Code. The changes will clarify any confusion. RECOMMENDED AMENDMENTS 12-1-1: TITLE. This Title may be cited as the ZONING REGULATIONS T-r-r- -L for the Town, and shall form and be incorporated as Title 12 of the Town Code of Vail, Colorado, otherwise referred to as "Vail Town Code of Vail. " CHAPTER 12-2 DEFINITIONS: SECTION 12-2-1: WORD CONSTRUCTION: SECTION 12-2-2: DEFINITIONS: ISSUE There are grammatical errors in these Sections. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. RECOMMENDED AMENDMENTS 12-2-1: WORD CONSTRUCTION. Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this Ttitle, the reference applies to all amendments and additions now or hereafter made. 12-2-2: DEFINITIONS: When used in this Ttitle, the words and phrases contained in this Ttitle shall have the specific meanings as defined in this Ssection. FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a 13 business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, pre-function pFeeenvene areas and kitchen facilities. PLANNING AND ENVIRONMENTAL COMMISSION. The plaqniR a, .n Planning and Environmental Commission as many be constituted by ordinance of the Town CounciltewflGeensil. .ISSUE There are many terms in the Zoning Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of the Zoning Regulations. OPTIONS Without any changes, the Zoning Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions Chapter of the Zoning Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2: DEFINITIONS: ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the Town of Vail. ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to towers, stairs, spires, cupolas, chimneys, flagpoles and similar architectural features. ATTIC. The space between the ceiling beams of the top. story and the roof rafters. AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience store. BAKERIES AND CONFETIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site. BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair. 14 BAY WINDOWS: A window or series of windows that projects from the main wall of a building and forming a bay or alcove in a room within. CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering. DEED RESTRICTION: A restriction on the use of land or users/owners of property set forth in a legally binding deed. DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land. DRUGSTORE. An establishment engaged in the retail sale of prescription drugs, non-prescription medicines, cosmetics and related supplies. _ ENVIRONMENTAL IMPACT REPORT. A document outlining the effect of proposed development or action on the environment. FACILITIES, HEALTHCARE. A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition. FULL TIME EMPLOYEE. A person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado.. LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron. LOBBY. A, communal space in or near the entrance area of a building. MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations or groups of people for the purposes of educational, political, social or fraternal advancement. MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility serves more than one use or one user. 15 PARTY WALL: A common wall shared by two attached structures, buildings or dwelling units. PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles. PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive use, control, or possession of property due to transfer of property through a deed or other legal document. RECREATION AMENITIES TAX. A fee or dues levied on certain development that is used to fund an exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. RELIGIOUS INSTITUTION. A building used for public worship by any number of congregations, excluding buildings used exclusively for residential, educational, recreational or other ' uses not associated with worship. Includes churches, chapels, cathedrals, temples, and similar designations. ROOF, FLAT. A roof that is not pitched and the surface of which is generally parallel to the ground. ROOF, MANSARD: A roof with two slopes on each of four sides, the lower steeper than the upper. SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care. SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home electronics are sold and/or repaired on the premises. . STORE, CONVENIENCE FOOD: Commercial retail entity that specialize in selling fast food and beverage, and only includes counter service, not table service. TRUSS TYPE STRUCTURAL SYSTEM. A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside of a roof structure. 16 VARIANCE. Permission to depart from the literal requirements of a zoning ordinance, as further regulated by this Title. VEHICLE, COMMERCIAL: A vehicle that is designated for commercial use through licensing requirements by the State of Colorado. VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this Title. ZONE DISTRICT. A specifically delineated area in the Town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the Town of Vail Official Zoning Map. ZONING MAP. A map that specifies the boundaries of zone districts within the Town of Vail. ISSUE The definition of "Site" references another term in this Section. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A do nothing approach will result in more confusion for applicants looking to properly utilize the Code. These changes will provide a more comprehensive Definitions Section of Title 12 with each definition clearly outlined. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: SITE. see -de-finition of Let Or- Site. (See Also LOT OR SITE) A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. 17 ISSUE The definition of slope includes specific regulations on calculating slope. Regulations are meant to be within other Chapters, not the Definitions Chapter. OPTIONS The definition of slope is not how to calculate the slope, but rather what the slope actually means. If the regulations remain in this Section, they will go unnoticed. We need to move the regulations on how to calculate slope to the Hazard Regulation Chapter (this change is later in the report). We will replace this definition with one that explains what a slope is. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: SLOPE: The-gfadicnt ~tind;c s'' - d suFfa 9 r iaf-ts site ~f a 1^t, sites-e pars- whiGh Ghzll ta._establiched by FneaEunrg4hs .i=dFAum numbeF of feet in el` n -gctiia n th9fe9f n4sasUsd-hG)FiZef ta4y in an ' the Felaiio: chip 'sul msasufc cs domed t~L h hGFze~-.tL.l maasurement shall he a xpFes d a:f news as a means of nyen+ifting the term "S19p6". In deteRn natiaf~-ef "slaps" as de€+ned--herein, ~ .4se-iR establishiF;g buildable araa fequifefl Hlb afld-maNimum flleef-area ratis lirnitatieas GR Cxisting and pfmpesed-lets, a gfid-s~stcm bas9d en ten feo+ /1A') mGdWes shall `~E supcri.mpesed--en tapegraphie map a E--tj7tg-.t pmpeFty and the lot -slope determ;,,at en c `tiishad L•y t`;a defiRed „ hundfed (400) sguafe- fwd perti :1 thafeef-.-The deviation of a surface from the horizontal, usually expressed in percent or degrees and.calculated through rise over run. ISSUE There are many definitions in other Chapters that are not also listed in this comprehensive listing of terms for Title 12. OPTIONS We can keep separate Definitions Sections in various Chapters for terms that only apply to those Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms for this Title. A comprehensive Definitions Section makes the Code more user-friendly and helps ensure applicants are aware of all definitions. 18 RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2: DEFINITIONS: AFFECTED PROPERTY. Property within a Special Development District that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved Special Development District. AGENT OR AUTHORIZED REPRESENTATIVE. Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the Special Development District is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing,a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years. AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic . pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five.(25) years. AVALANCHE AREA, ZONE OF INFLUENCE. Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. FLOOD HAZARD ZONE. That area covered by the base flood. The base flood area is any numbered A, AO, AH, or area of 100-year shallow flooding indicated on the Flood Insurance Rate Map, associated work maps, and Flood Insurance Study. The flood hazard zone is also any area indicated as "flood plain" as defined by the Gore Creek Flood Plain Information Report, 1975, as designated in Section 12-21-11 of this Chapter. 19 FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency that includes flood profiles and water surface elevation of the base flood. GEOLOGICALLY SENSITIVE AREA: An area within the Town of Vail which may be subject to rock falls, mud flows, debris flows, debris avalanches, and unstable soil, slopes or rocks. SITE SPECIFIC DEVELOPMENT PLAN. Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District development plan. SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District (other than "minor amendments" as defined in this Section), except as provided under Section 12-.15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this Title. SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Special Development District, and are consistent with the design criteria of this Article. Minor amendments may include, but not be limited to, variations of -not more than five feet (57 to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development District, or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area. SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value of a structure is determined. either A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or 20 safety code specifications which are solely necessary to assure safe living conditions. UNDERLYING ZONE DISTRICT. The zone district existing on the property, or imposed on the property at the time the Special Development District is approved. VESTED PROPERTY RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW POINT ORIGINATION: The survey point, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. ISSUE The definition for Planning and Environmental Commission references an Ordinance by Town Council rather than giving a definition of the PEC. OPTIONS The definition of the PEC is already outlined in Title 3: Boards and Commissions, so it could remain there. However, there needs to be -a definition in Title 12. This definition will help the public understand the roles and responsibilities of the PEC. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: PLANNING AND ENVIRONMENTAL COMMISSION: -The eFdinanG-9 -of the t The body responsible for reviewing development proposals or any matters pertaining to the Commission as provided by the Town Code and to act in an advisory capacity to the Town Council. The Planning and Environmental Commission focuses on evaluating projects based on the Zoning Ordinance, Master Plans, Subdivision Regulations, environmental concerns, etc., and as established by Chapter 3-2, Vail Town Code. ISSUE The definition for "site coverage" is confusing., OPTIONS .If we leave the definition as is, it can be quite confusing to applicants, who may calculate site coverage wrong. This simple : text change clarifies the definition and removes ambiguity related to calculating_ site coverage. We want to ensure that the public understands what constitutes site coverage, as it is an important density control tool. 21 RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage this -de# iep, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. 3 ISSUE The terms "Active Outdoor Recreation" and "Passive Outdoor Recreation" are listed under the first adjective of these land use terms. In this situation, the definitions are not listed as others are in the Code, with the adjective after the noun. OPTIONS There is a do nothing approach, which may cause confusion among applicants looking for the definitions of these terms. It is necessary to amend the listing of these terms in .order to have a definitions Section that is easy to navigate for applicants. RECOMMENDED AMENDMENTS 12_-2-2: Definitions: ACTWE OUTDOOR RECREATION AREAS, ACTIVE. Outdoor . recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. AlSSWE OUTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc. 22 ISSUE The loose definition of "Private Club" has allowed a loophole where it is being interpreted as a Private Parking Club. This loophole has allowed for the operation of parking lots with spaces sold to owners who are considered club members at the Gateway Building (CSC District) and at Golden Peak (Ski Base/Rec 1). Private Clubs are a conditional use of Residential Cluster, Low Density Multiple-Family, Medium Density Multiple- Family, High Density Multiple-Family, Public Accommodations, and Commercial Service Center districts. OPTIONS If left as is, the loophole will continue to exist and parking clubs will continue to form in places where regulations may not have intended. We feel it necessary to sharpen the definition so that the loophole is closed and the private purchase of individual spaces as a private parking structure can exist under the constraints of the zoning regulations. RECOMMENDED AMENDMENT 12-2-2: DEFINITIONS: PRIVATE CLUB: An association of persons and its premises established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, whose are bona fide members payiRg dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests. Parking structures may not be the sole facility for a private club. ISSUE There are too many land use terms for parking facilities within the Zoning Regulations. OPTIONS The option of leaving the land use terms as is will continue to create confusion with so many different land use terms for parking facilities. The definitions of our parking terms need to be updated to alleviate confusion. In order to standardize language used to determine types of parking facilities, we determined that using the least amount of terms for parking facilities, including structures and lots, was the best way to simplify the Code. This will help ease confusion among applicants and facilitate understanding of the Zoning Regulations. "Private parking structures" and "Private unstructured parking" will be a conditional use of High Density Multiple Family, Public Accommodations, Ski Base Recreation 1, Arterial Business District, Lionshead Mixed-use 1, and General Use districts. Staff has determined that these districts were those intended to include private parking facilities and the Code should reflect such intentions. On the other hand, private parking facilities under the guise of "Private club" are out of line with the intentions of these zoning districts. See the changes to Chapter 12-7, 12-8 and 12-9. 23 RECOMMENDED AMENDMENTS Add the following to 12-2-2: 12-2-2. DEFINITIONS: PRIVATE PARKING STRUCTURES: A parking area within a. building for the. exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PUBLIC PARKING STRUCTURES: A parking area within a* building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-10 of this Title. i CHAPTER 12-3: ADMINISTRATION AND ENFORCEMENT SECTION 12-3-3: APPEALS: SECTION 12-3-4: DETERMINATION OF SIMILAR USE: SECTION 12-3-5: DECLARATION OF SITE ALLOCATION: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain, but looking-at the sheer volume of errors, they must be changed to keep a professional looking Code. Zone districts must be referred to as such to alleviate any confusion among applicants. RECOMMENDED AMENDMENTS 12-3-3: APPEALS: A. Administrative Actions: Any decision, determination or interpretation by any Ttown Aadministrative Oefficial with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth shall become final at the next Planning and Environmental Commission pkwy *g atid n-meeting (or in the case of design related decision, the next Design Review Board meeting) following the Aadministrator's decision, unless the decision is called up and modified by the Bboard or Ceommission. B. Appeal Of Administrative Actions: 24 1. Authority. The Planning and Environmental Commission planning and envkepmental Gemn*sibn shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Ttown administrative official with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any Ttown administrative official with regard to a design guideline shall be heard by the Design Review Board 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any Administrator with respect to this Ttitle. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Aadministrator shall determine the standing of an appellant. If the appellant objects to the Aadministrator's determination of standing, the Planning and Environmental Commission playing a. (or the Design Review Board design Feview boa in the case of design . guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Planning and Environmental Commission planning and . (or the Design Review Board design FeVie W beaf6? in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the Aadministrator or with the Ddepartment of Community Development rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Ttown observed holiday, the last day for riling an appeal shall be extended to the next business day. The Aadministrator's decision shall become final at the next Planning and Environmental Commission pk%gniRS. a, meeting (or in the case of design related decision,, the next Design Review Board meeting) following the Aadministrator's decision, unless the decision is called up and modified by the Boaard or Coommsssion. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Ttown. The filing of such notice of appeal will require the administrative 25 official whose decision is appealed, to forward to the Planning and Environmental Commission play4iny w. ~(or the Design Review Board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning and Environmental Commission pk%gP,4 k~n-(or the Design Review Board design reWew boa in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The Planning and Environmental Commission plantain sad-envir-onngental seatissien (or the Design Review Board in the case of Ddesign Gguidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an Administrator 4. Effect Of Filing An Appeal. The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator rendering such decision, . determination or interpretation certifies in writing to the Planning and Environmental Commission planning and en*qnmentai Gemn9issib (or the Design Review Board design review boa in the case of Ddesign Gguidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Csommission (or Bboard) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Planning and Environmental Commission planning and envirepmental GGMMiSGiGn (or the Design Review Board in the case of Ddesign Gguidelines). 5. Findings: The Planning and Environmental Commission planning and envir-onnq9ntal GGR4R*&iQn (or the Design Review Board design review beaFd in the case of Ddesign Gguidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Ttitle have or have not been met. 6. Fee: The Ttown Csouncil may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community 26 Development The fee shall be paid at the time the appeal is filed. C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority. The Ttown Coouncil shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission planning and envir-on.mental rGe.mMisision or the Design Review Board with respect to the provisions of this Ttitle and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent . property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission plawing sad or the Design Review Board design review-beard-with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Aadministrator shall determine the standing of an appellant. If the appellant objects to the Aadministrator's determination of standing, the Town Council tGWq GGURG# shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council town GounG# determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission plagnW a. or the Design Review Board des~gn by a majority vote of. those Town Counncil members present. 3. Procedures: A written notice of appeal must be filed with the. Aadministrator within twenty (20) calendar days of the Planning and Environmental Commission's planning and envimnm decision or the Design Review Board'sdesign review beard's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Ttown observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Tt * own. The tiling of such notice of appeal will require the Planning and Environmental Commission plannin g or the Design Review Board to forward to the Town Councilteww 27 GGUn6il at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the . board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Counciltewn-seUnsil on the appeal within forty (40) calendar days of the appeal being filed. The Town Councillewn Geunsil may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Cshapter to appeal any interpretation or determination made by the Planning and Environmental Commission planning s. seMn9issien-or the Design Review Board . 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the Administrator rendering such decision, determination or interpretation certifies in writing to the Town Council ' and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town CounC.WG R secnsil shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of.the Town Counciltewa-'GURG 5. Findings: The Town Counciltewn-seunsil shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards. and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The Town Counc.WQW-n-seUnsil may set a reasonable fee for filing an appeal to a Planning and Environmental Commission planning and envir-onngeNal Gengn9is or Design Review Board decision. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community Development depagment of Gengmunity The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an administrative interpretation of the Ssign Rregulations shall be the same as that of appeals of an. administrative action as set forth in Ssubsection B of this Ssection. E. Appeal Of Town Council Decisions: Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Counciltewn G014P f1 with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner provided by the laws of the state. 28 F. Conduct Of Hearing: The Town Counciltewfl-seupsil shall have the authority to set standards, by administrative rule, on appellate hearing procedures including, but not limited to, time allowance for the presentation of evidence and the time allowance for oral arguments. 12-3-4: DETERMINATION OF SIMILAR USE. 8. Review Use Characteristics: The Aadministrator, upon request of the Ttown Csouncil, or written request of any person. for a determination under this Saection, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the council advising in what respects the proposed use would be, in fact, similar to . specified permitted uses in the same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts. After receipt of the report, the Csouncil may determine the proposed use to be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same zone district. The Csouncil shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same zone district. 12-3-5: DECLARATION OF SITE ALLOCATION. D. Lots To Meet Standards: No site declared under this Ssection shall be ..recognized as a usable. site pursuant to the provisions of this Ttitle if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the zone district in which it is located. The declaration of site allocation procedure shall not be substituted for the procedures prescribed in Ttitle 13 of this Csode if the site constitutes a portion of a parcel which can be further subdivided or otherwise is subject to the provisions of Ttitle 13 of this Csode. SECTION 12-3-6: HEARINGS: SECTION 12-3-7: AMENDMENT: ISSUE There are numerous grammatical errors as well as reference to districts, not zone districts as they are generally referred. OPTIONS The errors can remain to no serious harm, but looking at the sheer volume of errors throughout the Code, they must be changed to keep the Code professional looking. Zone districts must be referred to as such to alleviate any confusion among applicants. ISSUE 29 The language is very broad in 12-3-6C and therefore could be interpreted incorrectly. "Amendment, change or application" does not apply correctly to the listing a-e. For example, under the current language, an amendment to the variance Sections of the Code would confuse staff. as to whether a notice should be mailed, and to whom. OPTIONS There is no intention to change the circumstances for notification, but if this Subsection is not changed, it will remain erroneous. This proposed text amendment clarifies situations requiring notification by mail to those in adjacent properties. We needed.to clarify the intentions of the notice requirements, which is to alert adjacent property owners of major changes to properties. This way, there is a clear understanding of the exact.circumstances when a notice is to be sent. RECOMMENDED AMENDMENTS 12-3-6. HEARINGS: A. Conduct: When required by statute or by this title, hearings before the Planning and Environmental. Commission planninQ and the Town Council tew n secasil shall be conducted in accordance with. the provisions of y this Cehapter. 8. Setting Date: Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the Planning and Environmental Commission planpie; and or the Town Council tew n GeunG# or both, pursuant to this title, a date for the hearing shall be set which shall be not more than thirty (30) days from the date of filing of the application or receipt of the document. C. Notice: 1. Not less than fifteen (15) days prior to the date set for the hearing before the Planning and Environmental Commission planning and enWFenn9enta! GGMR*~n the Aadministrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the Ttown. 2. In addition to the published notice, the administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereof), for any , a. application to change zone Ghanges i•7 =.IiRg district boundaries, b. application for a conditional uses permit; c. application for a variance; d. application relating to development plans for special development districts; or e. application to changes-in-the density control Ssection&4n--any of a tie zone districts. 30 D. Evidence: 1. The Planning and Environmental Commission planning and shall base its determinations upon statements contained in the application or petition, upon reports from the Ttown staff or consultants, if any, and upon evidence presented to. the Csommission at the hearing. 2. The Town Council shall base its determinations upon statements contained in the application or petition, upon reports from the Ttown staff or consultants, if any, upon evidence submitted to Planning and Environmental Commission Planni:;r a,-4d se issien and the recommendations or findings of the Csommission, and upon evidence presented to the Csouncil at the hearing. 3. Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions, and arguments with respect to the issues entailed, provided that the Planning and Environmental Commission Planning s. seaissien and the Town Counciltswn-seunsi! may limit the taking of evidence to evidence not, previously submitted and made a matter of record. 12-3-7. AMENDMENT. A. Prescription: The regulations prescribed in this Ttitle and the boundaries of the zone districts shown on the Oefficial Zzoning Mmap may be amended, or repealed by the Ttown Coonncil in accordance with the procedures prescribed in this Cshapter. B. • Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission planning a.-ad emdropmental saw on its own motion, by petition of any resident or property owner in the Ttown, or by the Aadministrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Aadministrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating.the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information . as prescribed by the Aadministrator. C. Criteria And Findings: 31 1. Zone District Boundary Amendment. a. Factors, Enumerated. Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission playing sue' c. sem'nis~:an and Town Counciltewn-G9unG# shall consider the following factors with respect to the requested zone district boundary amendment: b. Necessary Findings: Before recommending andlor granting an approval of an application for a zone district boundary amendment, the Planning and Environmental Commission Ong s, and the Town Councllt6wR GGUnG# shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan Gemp.FehensA~e plan and compatible with the development objectives of the Ttown; and 2. Prescribed Regulations Amendment. a. Factors, Enumerated: Before acting on. an application for an amendment to the regulations prescribed in this Ttitle, the Planning and Environmental Commission planning an4 and Town Council#own Geunsil shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the Zzoning Reegulations; and (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Pla and is compatible with the development objectives of the Ttown; and (5) Such other factors and criteria the Planning and Environmental Csommission andlor CGouncii deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending andlor granting an approval of an application for a text amendment the Planning and Environmental Commissionp/anning a:qd 9nvimnmental ser issien and the Town Counciltewn Geuasil shall make the following findings with respect to the requested amendment: D. Fee: The Town Counciltewn Gounsil shall set a fee schedule for petitions for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of Ttown staff time and other expenses incidental to the review of the petition. E. Hearing: Upon filing of a petition for amendment or upon initiation of an amendment by the Town CounciltGw4-Geunsil, Planning and Environmental Commissionplanning 9:4d ;ental , or Aadministrator, the Aadministrator shall set a date for hearing in accordance with the provisions of Saubsections 12-3-6C and D of this Cehapter. F. Planning And Environmental Commission 32 Recommendation: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commissionplanning a:4' erwirenmental shall act on the petition or proposal. The Csommission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Ttitle, or may recommend denial of the petition or rejection of the proposal. The CGommission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town CouncilteVM DOUR il. G. Hearing By Town Council. Upon receipt of the report and recommendation of the Planning and Environmental Commission , the Ttown CGouncll shall -set a date for hearing in accordance with Ssubsection 12-3-6B of this CGhapter. H. Action By Town Council: Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission Planning and envir-onmental GGR4FRi8 . The Town Councilte1.4.4fl-G96Fng41 may cause an ordinance to be introduced to amend the regulations of this Ttitle or to change zone district boundaries, either in accordance with the recommendation of the Pplanning and Eenvironmental Coommission or in modified form, or the CGouncil may deny the petition. If the CGouncil elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the Ttown. CHAPTER 12-4: DISTRICTS ESTABLISHED: SECTION 12-4-1: DESIGNATED SECTION 12-4-2: PERMITTED USES ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-4-1: DESIGNATED: The following zone zenin g districts are established. Hillside Residential (HR) District Single-Flamily Residential (SFR) District. residential (SAR) 33 Two- Family Residential (R) District Two- Family PrimarylSecondary Residential (PS) District c) Residential Cluster (RC) District ekusteF Est Low Density Multiple-Family (LDMF) District density n4ul Medium Density Multiple-Family (MDMF) District density High Density Multiple-Family (HDMF) District density (HDMF) 6swd Housing (H)-distFist District Public Accommodation (PA) District aGGengmedation (PA) distFiG Commercial Core 1 (CC1) District,, Ke s Commercial Core 2 (CC2) District Commercial Core (CC3) District dietr_iGt Commercial Service Center (CSC) District dis#fist Arterial Business (ABD) District Heavy Service (HS) District Lionshead Mixed Use 1 (LMU-1) District mixed use ' (L n"9_1 ) dW46 Lionshead Mixed Use 2 (LMU-2) District m4e44i&s ' 4L MU 2 district Agricultural And Open Space (A) District and open spaGe (A) diSWG Outdoor Recreation(OR) District Natural Area Preservation (NAP) District area pr-esepvatie Ski Base/Recreation (SBR) District dis#~ist Skipp Base/Recreation 2 (SBR2) District base#eGreatien 4istriG Special Development (SDD) District Parking (P) District_d sty General ase Use (GU) District distr{st 12-4-2. PERMITTED USES: A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular zone district shall be deemed an exclusion of such use from any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. 34 CHAPTER 12-5: ZONING MAP: SECTION 12-5-2: FILING: SECTION 12-5-3: CHANGES: SECTION 12-5-5: INTERPRETATION OF BOUNDARIES: SECTION 12-5-6: PROPERTY WITHOUT ZONE DESIGNATION: ISSUE Zone districts are improperly referenced as districts. The Zoning Map should also be referenced as the Official Zoning Map. OPTIONS The errors can remain with confusion among applicants remaining as well. The changes to these errors will alleviate any questions about the content of the Zoning Regulations. RECOMMENDED AMENDMENTS CHAPTER 12-5: OFFICIAL ZONING MAP 12-5-2: FILING: The Official Zoning Map shall be filed in the office of the Town Clerk and shall be identified by the signature of the Mayor, attested by the Town Clerk, and bear the Seal of the Town under t the following words: This is to certify that this is the Official Zoning Map referred to in Section 12-5-1 of the Zoning Title, Town of Vail, Colorado, together with the date of the adoption of the ordinance.codified in the Zoning Title and the date of the most recent change in zone district boundaries shown thereon. 12-5-3: CHANGES: No change shall be made in the zone.district boundaries or other matter shown on the Official Zoning. Map except by appropriate action of the Town Council in accord with Sections 12-3-1 through 12-3-7 of this Title. Any change adopted by the Town Council shall be entered .on the Official Zoning Map promptly, together with an entry noting the date of the change and a brief description of the nature of the change, which entry shall be attested by the Town Clerk. The date of the most recent change shall at all times be indicated on any copies of the Official Zoning Map subsequently reproduced. 12-5-5: INTERPRETATION OF BOUNDARIES: F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by Subsections A through E of this Section, the Town Council shall interpret the zone district boundaries. 12-5-6: PROPERTY WITHOUT ZONE DISTRICT DESIGNATION: 35 CHAPTER 12-6: RESIDENTIAL DISTRICTS: ARTICLE 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT: ARTICLE 12-613: SINGLE-FAMILY RESIDENTIAL (SFR) DISTRICT: ARTICLE 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT.: ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT: ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT: ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT: ARTICLE 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT: ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. Land uses, such as "ski lifts and tows" should always be plural. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-6A: HILLSIDE RESIDENTIAL (HR) DISTRICT 12-6A-1: PURPOSE. The Hillside Residential District is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Hillside Residential District distFist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable low density high quality residential development of such sites by establishing appropriate site development standards. 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR Ddishict: Single-family residential dwellings. Type V employee housing unit, one per lot, as set forth in CGhapter 13 of this Ttitle. 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of CGhapter 16 of this Ttitle: Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars, and other similar conveyances. 36 Home child daycare facilitiesy as further regulated by Saection 12-14-12 of.this Ttitle. 12-6A-4: ACCESSORY USES: The following accessory uses shall be permitted in the HR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. 12-6B: SINGLE-FAMILY RESIDENTIAL (SFR) DISTRICT 12=6B-1: PURPOSE. The Single-family Residential District distxist is intended to provide sites for low density single-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Single-family Residential District single- fam#y residential distr-ist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR Ddistrict. 12-6B-3: CONDITIONAL USES: The following conditional. uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Saection 12-14-12 of this Ttitle. Public buildings, grounds and facilities. Public and private schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type II employee housing unit as set forth in Cshapter 13 of this Ttitle. 12-6B-4: ACCESSORY USES: The following accessory uses shall be permitted in the SFR Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, garages or carports, .37 swimming pools, patios, or recreation facilities customarily incidental to single-family uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6C: TWO-FAMILY RESIDENTIAL (R) DISTRICT -12-6C-1: PURPOSE. The Two-family Residential District district is intended to provide sites for low density single-family or two- family residential uses, together with such public facilities as may be appropriately located in the same zone district. The Two- family Residential District distrist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R Ddistrict. Single-family residential dwellings. Two-family residential dwellings. Type I employee housing units as set forth in Cshapter 13 of this Tlitle. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Tlitle: Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12-14-12 of this Ttitle. Public buildings, grounds and facilities. Public and-epprivate schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 11 employee housing units as set forth in Cehapter 13 of this Ttitle. 12=6C-4: ACCESSORY USES: The following accessory uses shall be permitted in the R Ddistrict. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily 38 incidental to single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-1: PURPOSE: The Two-family Primary/Secondary Residential District twe- dis#dr,t is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The. Two-family Primary/Secondary Residential District dis#rist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and, two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type I employee housing units as provided in Cshapter 13 of this Ttitle. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Funiculars, and other similar conveyances. Home child daycare facilityies as further regulated by Ssection 12- 14-12 of this Ttitle. Public buildings, grounds, and facilities. Public and-epprivate schools. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type II employee housing units as set forth in Cshapter 13 of this Ttitle. 12-6D-4: ACCESSORY USES: The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Cshapter 14 of this Ttitle. 39 ARTICLE 12-6D-8: DENSITY CONTROL: ISSUE The rule requiring the secondary unit of a Primary/Secondary Residential development to be 40% of the allowable GRFA is not stated in the GRFA Section of the Two-Family Primary Secondary District Artcle 12-6D, but only in Section 12-15-2: GRFA Requirements By Zone District. OPTIONS The first option is to move the regulation to 12-0-813-2, but then it would be missing from 12-15-2. If no change is made, applicants will continue to submit applicants that are not in compliance with this rule, making the argument that it is hidden within the Code. The recommended option is to repeat the regulation in 12-6D-8B-2 in order to make the rule more accessible to applicants. 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICT 12-6D-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit y permitted on existing lots less than fourteen thousand (14,000) square feet. B. Gross Residential Floor Area: 2. The secondary unit shall not exceed forty percent (40%) of the allowable gross residential floor area (GRFA). ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT ARTICLE 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT: ARTICLE 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT: ARTICLE 12-61-1: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. Land uses have been listed in the singular tense, rather than the plural. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. RECOMMENDED AMENDMENTS 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT 12-6E-1: PURPOSE. The Residential Cluster District distdG is intended to provide sites for single-family, two-family, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may 40 appropriately be located in the same zone district. The Residential Cluster District r-esidentialGivate ldrig is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC Ddistrict. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennels. Funiculars,. and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12-14-12 of this Ttitle. Private clubs. Public buildings, grounds and facilities. Public and private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type Ill employee housing units (EHU) as provided in CGhapter 13 of this Tlitle. 12-6E-4: ACCESSORY USES: The following accessory uses shall be permitted in the RC Ddistrict: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 12-14-12 of this Tlitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two-family or low density multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6F: LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT.• 12-6F-1: PURPOSE. The Low Density Multiple Family District low density mukip~e 4w*ly di&isl is intended to provide sites for single-family, two- 41 family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Low Density Multiple Family District dis#ist is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF Ddistrict: Multiple-family residential dwellings, including attached or.row dwellings and condominium dwellings. •Single-family residential dwellings. Two-family residential dwellings. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF Ddistrict, subject to issuance of a conditional use permit in i accordance with the provisions of.Cshapter 16 of this Ttitle:. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs. Public buildings, grounds and facilities. Public and-or-private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-6F-4: ACCESSORY USES: The following accessory uses shall be permitted in the LDMF Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family, two-family or low density multiple-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6G: MEDIUM DENSITY MULTIPLE-FAMILY (MDMF) DISTRICT.• 42 12-6G-1: PURPOSE: The Medium Density Multiple Family District n9edium density distFist is intended to provide sites for multiple- family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The Medium Density Multiple Family District Med-iUM density nquitiple -fang district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6G-2: PERMITTED USES: The following uses shall be permitted in the MDMF Ddistrict: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the MDMF Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of CGhapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds, and facilities. Public and-er-private, schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type 111 employee housing units (EHU) as provided in Cehapter 13 of this Ttitle. 12-6G-4: ACCESSORY USES: The following accessory uses shall be permitted in the MDMF Ddistrict. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or 43 conditional uses, and necessary for the operation thereof. 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: 12-6H-1: PURPOSE. The High Density Multiple Family District €wn#y disttict is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The High Density Multiple Family District high density n4ultiple #any distFist is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential . uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. ARTICLE 12-6H: HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT: ISSUE With the new definitions of land uses related to parking, the land use terms.in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization issues within this Chapter, such as with the word District and Title. Also, land use terms should be in the plural form, not the singular are they are found in a few instances, such as "facility" not "facilities". There is a need to standardize a few of the land uses listed in the permitted, conditional and accessory uses Sections of each Article. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood.. There are a few standardization of land use terms in this chapter, including the term "Religious Institutions" instead of "Churches" and "Health care facilities" instead of a listing of such at length. RECOMMENDED AMENDMENTS 44 12-6H: HOUSING (H) DISTRICT: 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF Ddistrict: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Ghur-Ghe& Religious Institutions. Dog kennels. Funiculars, and other similar conveyances. Home child daycare facilitiesy as further regulated by Ssection 12- 14-12 of this Ttitle. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. ihfig Pr Public and private schools. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Ski lifts and tows. Timeshare estate units, fractional fee units and timeshare license units. Type l1/ employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. ARTICLE 12-61: HOUSING (H) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also other capitalization errors. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix 45 this Chapter. (ADD ISSUE: ChANGE IN LAND USE NAMES) RECOMMENDED AMENDMENTS 12-61: HOUSING (H) DISTRICT.- 12-61-1: PURPOSE: The Housing District housing dis#ict is intended to provide adequate sites for employee housing which, because of the nature . and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in S6ection 12-1-2 of this Ttitle and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The Housing District 4e6sing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H Ddistrict: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in Cshapter 13 of this Ttitle. Passive outdoor recreation areas, and open space. Pede.&Wan and bike path& 12-61-3: CONDITIONAL USES: o The following conditional uses shall be permitted in the H Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars, and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. 46 Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (3091o) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools and eduGatienal , in4udiRg Public buildings, and-grounds and facilities. Public parks- and recreational facilities. Public utilities installations. including transmission Xnes and appurtenant equipment. Type VI employee housing units, as further regulated by Cshapter 13 of this Ttitle. 12-6I-4: ACCESSORY USES: The following accessory uses shall be permitted in the H Ddistrict. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection, 12-14-12 of this Ttitle. 12-6I-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent. To ensure the unified development, the protection of the natural environment,. the compatibility with the surrounding area and to assure that development in the Housing District housin distFk will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with Ssection 12-61-12 of this Aarticle . and shall be submitted by the developer to the Administrator administFate~F, who shall refer it to the Planning and Environmental Commission planning aid envkeRmenta een .M1814 n, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the Planning and Environmental Commission planning a.-4d envi~enmenta sennaissien shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Planning and Environmental Commission planning a. may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the 47 Planning and Environmental Commission pk%qnh4S aqd may be appealed to the Town Council in accordance with Ssection 12-3-3 of this Ttitle. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the Housing District housin g disk-ist. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of Ssection 12-9A-10 of this Ttitle. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the Design Review Board deignFeview beaFa? in accordance with the applicable provisions of Cshapter 11 of this Ttitle prior to.the commencement of site.preparation. 12-61-12: DEVELOPMENT PLAN CONTENTS: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the Aapplicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. plan. cemprehensA~e The Administratorab istrateF and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmenta/ limpact RFeport, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. 48 CHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ARTICLE 12-7A: PUBLIC ACCOMMODATION (PA) DISTRICT ARTICLE 12-713: COMMERCIAL CORE.1 (CC1) DISTRICT ARTICLE 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT ARTICLE 12-71): COMMERCIAL CORE 3 (CC3) DISTRICT ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT ARTICLE 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT ARTICLE 12-7G: HEAVY SERVICE (HS) DISTRICT ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT ARTICLE 12-71: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also numerous grammatical errors throughout this Chapter. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization -issues within this Chapter, such as with the word District and Title as well as grammar and spelling errors. Land uses, such as "Lodges" and "Public buildings, grounds and facilities", should be in the plural form. There are also some land use terms that need to be standardized, with numerous terms for one type of land use. OPTIONS There is a do nothing option which will continue to foster a faulty Code. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include the changes made in Chapter 12-6 as well as standardization of "Drug stores," "gift shops," "Cocktail lounges and bars", and. "Electronics sales and repair shops." 49 RECOMMENDED AMENDMENTS 12-7A: PUBLIC ACCOMMODATIONS DISTRICT 12-7A-1: PURPOSE. The Public Accommodation District heusing d4triet public asse+RFPedatien disWG is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commerciallretail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The Public Accommodation District. pu&!e ssse tedatiera di&WG is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of CGhapter 16 of this Ttitle: Bed and breakfasts, as further regulated by Ssection 12-14-18 of • this Tlitle. Religious institutions-Ghumhe~ Fractional fee club units as further regulated by Ssubsection 12- 16-7A8 of this Tlitle. 4196pital&, nqediGal and dental ~c, 3. . Health care facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (1591o) of the total gross residential floor area of the main structure or structures on the site. Major arcades-,6e4eng as , or- may Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public buildings, grounds and facilities. Public parking structures. . Public and of private schools. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. 50 Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type employee housing units as provided in CGhapter 13 of this Ttitle. 12-7A-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Meeting rooms. Minor arcades. 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20). At the discretion of the Pplanning and Eenvironmenta/ CGommission and/or the Ddesign RFeview Bboard, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (Ssection 12-7A-12 of this Aarticle) subject to the applicant demonstrating compliance with the following criteria: B. Proposed building setbacks comply with applicable elements of the Vail Village Uarban Ddesign Gguide Pplan and Ddesign CGonsiderations. 12-7A-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Pplanning and Eenvironmenta/ CGommission in accordance with Ssection 12-7A- 12 of this Aartic/e. Specifically, in determining allowable gross residential floor area the Pplanning and Eenvironmental CGommission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Vvillage Uarban Ddesign Gguide Pplan and Ddesign CGonsiderations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (113) of the total floor area of the dwelling. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total 51 site area. Final determination of allowable site coverage shall be made by the Pplanning and Eenvironmenta/ Ceommission and/or the Ddesign Rreview Bboard in accordance with Ssection 12-7A- 12 of this Aarticle. Specifically, in determining allowable site coverage the Pplanning and Eenvironmental Csommission and/or the Ddesign Rreview Bboard shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Vvillage Uarban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7A-11: PARKING AND LOADING: Off street parking and loading shall be .provided in accordance with Cshapter 10 of this Ttitle. At least seventy five percent (7591o) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the Pplanning and Eenvironmenta/ Csommission and/or the Ddesign Rreview Bboard. a 12-7A-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required. The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by. the Aadministrator) shall be reviewed by the Pplanning and Eenvironmenta/ Csommission as a major exterior alteration in accordance with this Cehapter and Ssection 12-3-6 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Csommunity Ddevelopment for Pplanning and Eenvironmental Ceommission and Ddesign Rreview Bboard review. The following submittal items are required. 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the 52 reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail CGomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work . session with the Pplanning and Eenvironmental CGommission, a conceptual review with the Ddesign Reeview Bboard, or a work session with the. Ttown CGouncil. 4. Hearing: The public hearing before the Pplanning and Eenvironmental CGommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental CGommission may approve the application as submitted, approve the application with 'conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental CGommission may be appealed to the Ttown CGouncil in 4 accordance with Ssection 12-3-3 of this Ttitle. 12-7A-13: COMPLIANCE BURDEN. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental CGommission and the Ddesign Reeview Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Ppublic Aaccommodation zone Ddistrict, that the proposal is consistent with applicable elements of the Vail Vvillage Minaster Pplan, the Vail Village Uarban Ddesign Gguide Pplan and the Vail Sstreetscape Mmaster Pplan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail CGomprehensive Pplan. 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation. and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental CGommission in review 'of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development. 53 projects which produce substantial off site impacts 12-7B: COMMERCIAL CORE 1 (CC1) DISTRICT.• 12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The Zoning Dist ict regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-7B-2: PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 1. Retail shops and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstore and phaim es. Florists. Gift shopssteres. Health food stores. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2. Personal services and repair shops, including the following. Baer-si~eps- Beauty and barber shops. 54 Commercial ski storage. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 3. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. 4. Professional offices, business offices and studios. 5. Banks and financial institutions. 6. Additional uses determined to be similar to permitted uses described in Ssubsection B1 through B5 of this Section, in accordance with the provisions of Section 12-3-4 of this Title so long as they do not encourage vehicular traffic. 7. Lodges. 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: Electronics sales and repair shops-. Household appliance stores. Liquor stores. Luggage stores. Major arcades. Meeting rooms. Multiple-family dwellingsheusing. Outdoor patios. s: a. p&: Theaters. 12-7B-3: PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores. and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. ° Delicatessens and specialty food stores. Drugstores and es. Florists. Gift shops. 55 Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. TiGket and travel agenGies. Toy stores. Travel and ticket agencies Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Additional uses determined to be similar to permitted uses described in Ssubsection B 1 and B2 of this Section, in accordance with the provisions of Section 12-3-4 of this Title so long as they do not encourage vehicular traffic. C.- Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional 'use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. garbershops-, beauty r: F& - Beauty and barber shops. Electronics'sales and repair shops. Household appliance stores. Liquor stores. Outdoor patios. Radio a-s a.-4d Fepak p& 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A. Permitted Uses, Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 16 of this Title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof.- 1. Multiple-family residential dwelling. 2. Lodges. 3. Professional offices, business offices and studios. 4. Banks and financial institutions. 5. Personal services and repair shops, including the following: 56 Bar-ber-sheps. Beauty and barbershops. Business and office services. Tailors and dressmakers. Travel and ticket agencies. 6. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores an Florists. Gift shopssteFes. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Sporting goods stores. Toy stores. Variety stores. Yardage and dry goods stores. 7. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Dog kennel. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. s= and F'epair- shops: Theaters. Type 111 employee housing units (EHU) as provided in Chapter 13 of this Title. 57 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND. FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Electronics sales and repair shops. Florists. Gift shops.. Hobby stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. ss c.tieFepaix shops. Sporting good stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and .bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Professional offices, business offices and studios. 4. Banks and financial institutions. 5. Personal services and repair shops, including the following: BaFbershGps Beauty and barber shops. 58 Business and office services. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 6. Theaters. 7. Additional uses determined to be similar to permitted uses described in Ssubsections B 1 through B5 of this Ssection in accordance with the provisions of Ssection 12-3-4 of this Ttitle, so long as they do not encourage vehicular traffic. 8. Type Ill employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-7B-6: CONDITIONAL USES, GENERALLY.• The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of Cehapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Subject To Review. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Eenvironmental Csommission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or the. building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A. complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 59 3. Application Date And Procedures: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Ssubsection A2 of this Ssection; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Pplanning and Eenvironmental Csommission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental CGommission meeting following the submittal dates listed above, the Aadministrator shall inform the Pplanning and Eenvironmental Csommission of all exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Ceommission meeting. b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred (100) square feet, applications to alter the exterior rooflines of an existing building, applications for new outdoor dining decks and applications for modifications to existing dining decks may be submitted on a designated submittal date for any regularly scheduled Pplanning and Eenvironmental CGommission meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as outlined in this Ssection. All enclosed floor area for an expansion or deletion pursuant to this Saubsection A3b shall be physically and structurally part of an existing or new building and shall not be a freestanding structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Ceommission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Aadministrator, submittals shall proceed to a a work session with the Pplanning and Eenvironmental Csommission. The Aadministrator shall schedule the work session at a regularly scheduled Pplanning and Eenvironmental CGommission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Ssubsection 12-3-6C of this Ttitle. Following the work session, and the submittal of any additional material that may be required, the Aadministrator shall schedule a formal public hearing before. the Pplanning and Eenvironmental Csommission in accordance with Ssubsection 12- 3-6C of this Ttitle. -5. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of this Ride. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the 60 application. The decision of the Pplanning and Eenvironmental Ceommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission that the proposed exterior alteration is in compliance with the purposes of the CC1 Ddistrict as specified in Ssection 12-7B-1 of this Aarticle; that the proposal is consistent with applicable elements of the Vail Willage Mmaster Pplan, the Ttown of Vail Sstreetscape Waster Pplan, and the Vail Csomprehensive Pplan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Willage Uerban Ddesign Gguide Pplan and the Vail Vvillage Ddesign Csonsiderations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis, and that the proposal substantially complies with all other elements of the P Vail Csomprehensive Pplan. 8. Lapse Of Approval. Approval of a major or minor exterior alteration as prescribed by this Cshapter shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Ceommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC1 Ddistrict shall be reviewed by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Ddesign Rreview Bboard that the proposed building modification is in _ compliance with the purposes of the CC1 Ddistrict as specified in Ssection 12-7B-1 of this Aarticle; that the proposal substantially complies with the Vail Willage Ddesign Csonsiderations, and that the proposal does not otherwise alter the character of the neighborhood. 12-7B-8: CONDITIONAL USES; FACTORS APPLICABLE. In considering, in accordance with Cshapter 16 of this Ttitle, an application for a conditional use permit within CGommercial Clore 1 Ddistrict, the following development factors shall be applicable: A. Effects of vehicular traffic on CGommercial Ceore 1 Ddistrict. B. Reduction of vehicular traffic in CGommercial Clore 1 Ddistrict. F. Continuance of the various commercial, residential, and public uses in CGommercial Clore 1 Ddistrict so as to maintain the 61 existing character of the area. G. Control quality of construction, architectural design, and landscape design in Coommercial Clore 1 Ddistrict so as to maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of Csommercial Clore 1 Ddistrict. 12-7B-9: ACCESSORY USES: The following accessory uses shall be permitted in the CC1 Ddistrict: 12-7B-11: SETBACKS: There shall be no required setbacks, except as may be established pursuant to the Vail Vvillage Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7B-12: HEIGHT.• Height shall be as regulated in the Vail Vvillage Uurban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7B-13: DENSITY CONTROL: Unless otherwise provided in the Vail Village Uyrban Ddesign Gguide Pplan, not more than eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one 'hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (112) of a dwelling unit for purposes of calculating allowable. units per acre. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (113) of the total floor area of the dwelling. 12-7B-14: RECONSTRUCTION OF EXISTING USES, GENERALLY.' If any building or structure located within Commercial Core Gammemial Gore 1 Ddistrict on June 1, 1978, is subsequently destroyed by fire or other casualty to the degree provided in Ssection 12-18-9 of this Ttitle, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage, and height in accordance with the procedures outlined in &ection 12-18-9 of this Ttitle, so long as the appearance of the building or structure is the same or substantially the same as existed prior to its destruction. 12-7B-15: SITE COVERAGE. Site coverage shall not exceed eighty percent (8051o) of the total site area, unless otherwise specified in the Vail Willage Uvrban Ddesign Gguide Pplan and Ddesign Csonsiderations. In Commercial Core District Gengmem4al Gore 1 dis#ist, ground level patios and decks shall be included in site coverage calculations. 62 12-7B-16: LANDSCAPING AND SITE DEVELOPMENT. No reduction . in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Vail Vvillage Ddesign CGonsiderations as adopted in Ssection 12-7B- 20 of this Aarticle. 12-7B-17: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with CGhapter 10 of this title; provided, that no parking shall be provided on site. All parking requirements shall be met in accordance with the provisions of CGhapter 10 of this Ttitle. Loading requirements shall continue to be. applicable to properties. within Commercial Core 1 District GGMMeFGial ; pFGvided; provided that no loading areas shall be located in any required front setback area. 12-7B-19: RECONSTRUCTION OF EXISTING. USES; COMPLIANCE REQUIRED: Any building or structure located within Commercial Core 1 District dis#ist may be reconstructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in Ssection 12-18-9 of this Ttitle. The building, however, shall substantially comply with the applicable provisions of the Vail Willage U+~rban Ddesign Gguide Pplan and Ddesign CGonsiderations. 12-7B-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN. A. Adoption: The Vail Willage Uarban Ddesign Gguide Pplan and Ddesign CGonsiderations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CC1) and to guide the future alteration, change and improvement in the CC1 Ddistrict. Copies of the Vail Vvillage Ddesign Gguide Pplan and Ddesign CGonsiderations shall be on file in the Ddepartment of CGommunity Ddevelopment. B. Revisions: Revisions to the Vail .Village Uarban Ddesign Gguide Pplan and Ddesign CGonsiderations shall be reviewed by the Pplanning and Eenvironmental CGommission with official action to be taken by the Ttown CGouncil by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-7C: COMMERCIAL CORE 2 (CC2) DISTRICT.- 12-7C-1: PURPOSE. The Commercial Core 2 District distFist is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District distgGt in accordance with the Vail Vvillage Uarban Ddesign 63 Gguide Pplan and Ddesign Csonsiderations, as adopted in Ssection 12-7C-15 of this Aarticle is.intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. 12-7C-2: REQUIREMENTS FOR ESTABLISHMENT, DEVELOPMENT PLAN: A. Review Required: Prior to the establishment of any Commercial Core 2 District di.04r, or enlargement of any existing Commercial Core 2 District distFi6t by change of zone district boundaries, the Ttown Csouncil shall by resolution adopt a general development plan for the proposed zone district. The general development plan may be prepared by an applicant for the establishment of such zone district or may be. prepared by the Ttown. The development plan shall be submitted to the Pplanning and Eenvironmental Csommission for review, and the Pplanning and Eenvironmental CGommission shall submit its findings and recommendations on the plan to the Ttown CGouncil. B. Development Plan Content: The Aadministrator shall establish the submittal' requirements' for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail CGomprehensive Pplan. The Aadministrator . and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle, shall substantially conform to w#h the development plan adopted by the Ttown C6ouncil. 12-7C-3: PERMITTED AND CONDITIONAL USES: In . the CC2 District distFi6t, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core Gongmemial GO ' Fe 1 District dis#ist as prescribed by Ssections 12-7B-2 through 12-78-5 of this Cshapter. Retail stores and establishments shall not occupy more than eight thousand (8, 000) square feet of floor area. e 64 12-7C-4: CONDITIONAL USES, GENERALLY.' The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Commercial storage. Laudromats. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Theaters, meeting rooms and convention facilities. 12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Pplanning and Eenvironmental CGommission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of CGommunity Dde.velopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development.or applicable to the planning documents that comprise the Vail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures: Complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal requirements shall include all information in Ssubsection A2 of this Ssection; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the 65 Pplanning and Eenvironmental Ceommission. No public hearings or work sessions shall be scheduled regarding exterior alterations . prior to the biannual submittal date deadlines. At the next regularly scheduled Pplanning and Eenvironmental Csommission meeting following the submittal dates listed above, the Aadministrator shall inform the Pplanning and Eenvironmental Csommission of all exterior alteration submittals. The Aadministrator shall commence with the review of exterior alterations following this initial Pplanning and Eenvironmental Csommission meeting. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Pplanning and Eenvironmental Csommission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the Aadministrator, all submittals shall proceed to a work session with the Pplanning and. Eenvironmental Csommission. The Aadministrator shall schedule the work session at a regularly . scheduled Pplanning and Eenvironmental Csommission meeting and shall cause notice of the hearing to be sent to all adjacent property owners in accordance with Ssubsection 12-3-6C of this Ttitle. Following the work session, and the submittal of any additional material that may be required, the Aadministrator shall schedule a formal public hearing before the Pplanning and Eenvironmental Csommission in accordance with Ssubsection 12- 3-6C of this Ttitle. 5. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental . Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 6. Compliance With Applicable Comprehensive Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission that the proposed exterior alteration is in compliance with the purposes of the CC2 Ddistrict as specified in Ssection 12-7C-1 of this Aarticle, that the proposal is consistent with applicable elements of the Vail Village Uarban Ddesign Gguide Pplan and the Vail Vvillage Ddesign Csonsiderations, and that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with all other applicable elements of the Vail Csomprehensive Pplan. 8. Lapse Of Approval. Approval of a major or minor exterior alteration as prescribed by this Aarticle shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the Pplanning and Eenvironmental Csommission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to 66 completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC2 Ddistrict shall be reviewed by the Ddesign Rreview B,board in accordance with Cshapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Ddesign Rfeview B,board that the proposed building modification is in compliance with the purposes of the CC2 Ddistrict as specified in Ssection 12-7C-1 of this Aarticle; that the proposal substantially complies with the Vail Vvillage Ddesign Csonsiderations or that the proposal does not otherwise alter the character of the neighborhood. 12-7C-6: ACCESSORY USES: The following accessory uses shall be permitted in the CC2 Ddistrict: 12-7C-8: SETBACKS: In the CC2 Ddistrict the minimum front setback shall be ten feet (109; the minimum side setback shall be ten feet (10); and the minimum rear setback shall be ten feet (10) unless. otherwise specified in the Vail Vvillage Uurban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7C-9: HEIGHT., For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). These restrictions pertain unless otherwise specified by the Vail Vvillage 'Urban Ddesign Gguide Pplan and Uurban Ddesign Csonsiderations. 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail Vvillage Uurban Ddesign Gguide Pplan, not more than eighty (80) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (112) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (113) of the total floor area of the dwelling. 12-7C-11: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Vail Vvillage Uurban Ddesign Gguide Pplan and Ddesign Csonsiderations. 12-7C-12: LANDSCAPING AND SITE DEVELOPMENT., At least twenty percent (20%) of the total site area shall be 67 landscaped unless otherwise specified in the Vail Village U'urban Ddesign Gguide Pplan and Ddesign CGonsiderations. 12-7C-15: VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS: A. Adoption: The Vail Vvillage Uvrban Ddesign Gguide Pplan and Ddesign CGonsiderations are adopted for the purpose of maintaining and preserving the character and vitality of Vail village (CC2) and to guide the future alterations, change and improvement in the CC2 Ddistrict. Copies of the Vail Vivillage U44rban Ddesign Gguide Pplan and Ddesign CGonsiderations shall be on file in the Ddepartment of CGommunity Ddevelopment. B. Revisions: Revisions to the Vail Vvillage Uurban Ddesign Gguide Pplan and Ddesign CGonsiderations shall be reviewed by the Pplanning and Eenvironmenta/ CGommission with official action to be taken by the Ttown CGouncil by resolution on a semiannual basis to ensure. that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-7D: COMMERCIAL CORE 3 (CC3) DISTRICT 12-7D-1: PERMITTED USES: The following uses shall be permitted in the Commercial Core c,enqmer-Giai Gem 3 District dis#iGt: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges, vems and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: BarbeF&hGps: Beauty shop's. Beauty and barber shops. Business and oiiceF services. Cleaning and laundry pick-up agencies without bulk cleaning or dyeing. Laudromats. Shoe repair. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. 68 Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department.and general merchandise stores. Drugstore and pharmaGie Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shopssteres. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. a. Ws- Sporting goods stores. Stationery stores. Supermarkets. Toy stores.. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar. to permitted uses, in accordance with the provisions of this Ssection. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the Commercial Core 3 District distfis, subject to issuance of a conditional use permit in accord with the provisions of Cshapter 16 of this Ttitle: Any use permitted by Ssection 12-7D-1 of this Aarticle which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. 69 Drive up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type l11 employee housing units (EHU) as provided in Cshapter 13 of this Ttitle. 12-7D-3: ACCESSORY USES: The following accessory uses shall be permitted in the Commercial Core 3 District district: Home occupations, subject to issuance. of a home occupation permit in accordance with the provisions of Ssection 12-1412 of this Ttitle. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7D-5: SETBACKS: In the Commercial Core 3 District district, the setback shall be twenty feet (20) on all exterior boundaries of the zone district. 12-7E.- COMMERCIAL SERVICE CENTER (C$C) DISTRICT 12-7E-1: PURPOSE. The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the zone district Distriet. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 12-7E-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN. A. Review Required. Prior to the establishment of any Commercial Service Center District district or enlargement of zone district boundaries, the Ttown Csouncil shall by resolution adopt a general development plan for the proposed zone district. The development plan may be 70 prepared by an applicant for the establishment of the zone district or may be prepared by the Ttown. The development plan shall be. submitted to the Pplanning and Eenvironmenta/ Csommission for review, and the Pplanning and Eenvironmenta/ Csommission shall submit its findings and recommendations on the plan to the Ttown CGouncil. B. Plan Content. The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and Red in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan To Be Guide: The development plan shall be used as a s guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rfeview Bboard in accordance with CGhapter 11 of this Ttitle shall substantially conform to with the development plan adopted by the Ttown Csouncil. 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges-,tavems, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbefsheps. Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laudromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. 71 Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera- stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores-and pha ?as. . Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shopsstexes. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. E a.qd Fepair sgep& Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of Ssection 12-7E-2 of this Aarticle. 12-7E=4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Any use permitted by Ssection 12-7E-3 of this Aarticle, which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection.12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. 72 Major arcades. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in Ssection. 12-7E-5: ACCESSORY USES: The following accessory uses shall be permitted in the CSC Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Minor arcades. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7E-7: SETBACKS: In the. CSC Ddistrict, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (207, and the minimum rear setback shall be twenty feet (20). 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT 12-7F-1: PURPOSE: The Arterial Business District district is intended to provide sites for office space, public. utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the Ttown and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The Arterial Business District e4strist is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. 12-7F-2: GENERAL CIRCULATION AND ACCESS PLAN: A. Plan Required. Prior to any Ddesign Rreview Bboard approval for a building in the Aarterial Bbusiness Ddistrict or enlargement of an existing Aarterial Bbusiness Ddistrict by change of zone district boundaries the Pplanning and Eenvironmental Csommission shall adopt a general circulation and access plan for the proposed zone district. B. Plan Content: The Aadministrator shall establish the submittal requirements for a general circulation and access. plan application. A complete list of the submittal requirements shall be maintained by the Aadministrator and Red in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by. the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the 73 proposed development or applicable to the planning documents that comprise the Vail Ceomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Plan Used As Guide: The general circulation and access plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle shall substantially conform to the plan adopted by the Pplanning and Eenvironmenta/ Csommission. D. Amendments To Plan: The general circulation and access plan can be amended by the Pplanning and Eenvironmenta/ Ceommission at a public hearing. E. Prior Approval Required. Before a building permit is issued on any building, design guidelines for streets and parking lot lights, pavement treatment and benches, must be submitted and approved by the Ddepartment of Ceommunity Ddevelopment. a 12-7F-3: PERMITTED USES: The following uses shall be permitted in the Arterial Business District diatriet: Eating and drinking establishments, as follows, are permitted on the first (street) level. Cocktail lounges-,tavems and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level. Beauty and barber sShops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios; Fad*,aad tele+fisiefl-,~read~ a stag-studies. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be • generally accessory and/or supportive of office uses and are' therefore permitted so long as they do not exceed eight thousand (8, 000) square feet in floor area for each such business use and so long as they are located on the first (street) level. Art supply stores. Bookstores. . Drugstores. Florist. Newsstand. Stationery stores. Tobacco stores. 74 Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of Ssection 12-7F-1 of this Aarticle. 12-7F-4: CONDITIONAL USES: A. Enumerated. The following conditional uses shall be permitted in the Aarten'al Bbusiness Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Any use permitted by Ssection 12-7F-3 of this Aarticle, which is not conducted entirely within a building. Bed and breakfasts as further provided by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Microbreweryies. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type 111 employee housing units (EHU) as provided in Cehapter 13 of this Ttitle. B. Subject To Review: The following uses shall be permitted on the first (street) level floor within a structure subject to the . issuance of a conditional use permit and are listed as such due to their potential individual and cumulative impacts of generating traffic in the Aarterial Bbusiness Ddistrict and will receive review under the provisions of CGhapter 16 of this Ttitle with specific emphasis on the criteria of traffic generation: Apparel stores. Automotive service stations. Bakeries and confectioneries. Banks and financial institutions. Brew pubs. Business and office services. Camera stores and photographic studios. ' Child daycare center. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Convenience food stores, restricted to a maximum of eight thousand (8, 000) square feet and no more than thirty three percent (33%) of the gross building area of the entire structure. Furniture stores. Hardware stores. Health clubs. Health food stores. 75 Hobby stores. Household appliance stores. Liquor stores. Music and record stores. Nursery and garden supply. Outside car wash. Pet shops. n-9. Small appliance repair shops, excluding furniture repair. Theater. Yardage and dry good stores. 12-7F-5: ACCESSORY USES: The following accessory uses shall be permitted in the Aarterial Bbusiness Ddistrict: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttttle. + Minor arcades. 12-7F-7: SETBACKS: In the Aarterial Bbusiness Ddistrict, setbacks shall be as follows: 12-7G: HEAVY SERVICE (HS).DISTRICT.• 12-7G-1: PURPOSE: The Heavy Service District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. In granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the zone district District in order to protect adjoining uses from adverse influences. 12-7G-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Animal hospitals and. dog kennels, dog kennel. Automotive service stations. Building materials slily stores. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. 76 Repair garages. Repair shops. Seasonal plant product business. Ski lifts and tows, and accessory dwelling units for service personnel. Tire sales and services, including retreading and recapping. . Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this Section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this Section in accordance with the provisions of Section 12-3-4 of this Title. 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT.' 12-7H-1: PURPOSE. The Lionshead Mixed Use 1 District is intended to provide sites for a. mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier. services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district DisWG by establishing appropriate site development standards. This zone district Dis#Fist is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden /eveP shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, and skier services., and . Travel and ticket agencies. .77 Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: .A. Definition: The `first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school,- and skier service , and dayG Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: . Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type III (EHU) as provided in Cshapter 13 of this Ttitle). Radie;PVLsteres, a.-4d Fepak shop Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE. A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type (EHU) as provided in Cshapter 13 of this Ttitle): Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 78 C. Conditional Uses: The following uses shall be penmitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Banks and financial institutions. Child daycare centers. . Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stoFes; and Fepak . Recreation facilities. Retail establishments. Skier ticketing, ski school; and skier services,-and daysaFe. Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this Saubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in. accordance with the provisions of Cshapter 16 of this Ttitle: Bed and breakfast as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Commercial storage. Laudromats. Private outdoor recreation facilities, as a primary use. Private parking structures. Private unstructured parking. Public buildings, grounds, and facilities. Public park and recreation facilities. Public parking structures. Public unstructured parking. Public utility and public service uses.. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this Ssection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 12-7H-6: ACCESSORY USES: 79 The following accessory uses shall be permitted in the Lionshead Mmixed Uuse 1 Ddistrict. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and patios. arscc 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required. The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in Saubsection B of this Ssection shall be reviewed by the Ddesign Rfeview Bboard in accordance with Cshapter 11 of this Ttitle. , 1. Submittal Items Required. The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with Ssection 12-11-4 of this Ttitle. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1, 000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrator) shall be reviewed by the. Pplanning and Eenvironmenta/ Csommission as a major exterior alteration in accordance with this Cshapter and Ssection 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmenta/ Csommission in accordance with Cshapter 16 of . this Ttitle. Complete applications for. major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Csommunity Ddevelopment for Pplanning and Eenvironmenta/ Csommission and Ddesign Rreview Bboard review. I.' Submittal Items Required, Major Exterior Alteration: The following submittal items are required. a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of 80 Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified . by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of ' additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the Pplanning and Eenvironmental Csommission, a conceptual review with the Ddesign Rfeview Bboard, or a work session with the Ttown CGouncil. D. Hearing: The public hearing before the Pplanning and Eenvironmental Csommission shall be held in accordance with Ssection 12-3-6 of.this Ttitle. The Pplanning and Eenvironmental Csommission may approve the application as submitted, approve the application with conditions or modifications, or deny the a application. The decision of the Pplanning and Eenvironmental Csommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission and the Ddesign Rreview Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use mixed ase 1 District Wit, that the proposal is consistent with applicable elements of the Lionshead Rredevelopment Mmaster Pplan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Ceomprehensive Pplan. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Rfedevelopment Mmaster Pplan as a build-to line. 12-7H-11: HEIGHT AND BULK. Buildings shall have a maximum . average building height of seventy one feet (719 with a maximum height of 82.5 feet, as further defined by the Lionshead Rredevelopment Mmaster Pplan. All development shall comply with the design guidelines and standards found in the Lionshead Rredevelopment Mmaster Pplan. Flexibility with the standard, as incorporated in the Lionshead Rfedevelopment Waster Pplan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Ddesign Rfeview B,board. 81 12-7H-14: SITE COVERAGE. Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Rredevelopment Mmaster Pplan. 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty percent (2094o) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Rredevelopment Waster Pplan. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements. shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental . Csommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape .improvements, stream tract/bank improvements, public art improvements; and similar improvements. The intent of this &ection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 12-71: LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services,.light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air,. open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities.of the zone district District by establishing appropriate site development standards. This zone district Dist;46 is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. 82 B. Permitted Uses: The following. uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, and skier service a-d Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 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: - Conference facilities and meeting rooms. Electronics sales and repair shops.. Liquor stores. Lodges and accommodation units. Major arcades. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (T'y'pe, 111 (EHU) as provided in Chapter 13 of this Title). Radio, YY-'Vtt w s, Q. Theaters. Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The `first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level . along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school; and skier services, anddaysare. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this Saubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 83 C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of CGhapter 16 of this Ttitle: Barbershop&, beauty ,cc 3.qd beauty pa4ers. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial. institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in CGhapter 13 of this Ttitle). Radie, TV st sc; and-mpair-skpps Additional uses determined to be similar to conditional uses described in this Saubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. a 12-71-4: PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE. A. Permitted Uses, Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in CGhapter 13 of this Ttitle). Additional uses determined to be similar to permitted uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. B. Conditional Uses: The.following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of CGhapter 16 of this Ttitle: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school, and skier services; anddaysare. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this Ssubsection, in accordance with the provisions of Ssection 12-3-4 of this Ttitle. 84 12-71-5. CONDITIONAL USES, GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: Automotive service stations. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare centers. Gein operated laundries. Commercial storage. Laudromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. War-eheu6ing. 12-7I-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District-fin-p-sheade mixed use 2 . Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ssection 12-14-12 of this Ttitle. Loading and delivery and parking facilities customarily incidental' and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and patios. ars-ps . 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Ddesign Reeview B,board in accordance with Cshapter 11 of this Ttitle. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Aadministrator) shall be reviewed by the Pplanning and Eenvironmental Csommission as a major exterior alteration in 85 accordance with this CGhapter and Ssection 12-3-6 of this Ttitle. Any project which requires a conditional use permit shall also obtain approval of the Pplanning and Eenvironmental Csommission in accordance with Cshapter 16 of this Ttitle. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Ddepartment of Csommunity Ddevelopment for Pplanning and Eenvironmental CGommission and Ddesign Rfeview Bboard review. B. Submittal Items Required: The following submittal items are required. 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Aadministrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application;' Contents: The Aadministrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be 3 maintained by the Aadministrator and filed in the Ddepartment of •CGommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, , samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review. If requested by either the applicant or the Aadministrator, submittals may proceed to a work session with the Pplanning and Eenvironmental CGommission, a. conceptual review with the Ddesign Rfeview Bboard, or a work session with the Ttown Ceouncil. D. Hearing: The public hearing before the Pplanning and Eenvironmental CGommission shall be held in accordance with Ssection 12-3-6 of this Ttitle. The Pplanning and Eenvironmental CGommission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Pplanning and Eenvironmental Ceommission may be appealed to the Ttown Csouncil in accordance with Ssection 12-3-3 of this Ttitle. 12-71-8: COMPLIANCE BURDEN. It . shall be the burden of the applicant to prove by a preponderance of the evidence before the Pplanning and Eenvironmental Csommission and the Ddesign Rfeview Bboard that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use mixed Else 2 District district, that the proposal is consistent with 86 applicable elements of the Lionshead Rredevelopment Mmaster Pplan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Csomprehensive Pplan. 12-71-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Rredevelopment Mmaster Pplan as a build to line. 12-71-11: HEIGHT AND BULK.- Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of.82.5 feet, as further defined by the Lionshead Rredevelopment Mmaster Pplan. All development shall comply with the design guidelines and standards found in the Lionshead Rredevelopment Mmaster Pplan, Flexibility. with the standard, as incorporated in the Lionshead Rredevelopment Mmaster Pplan, shall be afforded to redevelopment projects which meet the intent of design I guidelines, as reviewed and approved by the Ddesign Rfeview Bboard. 12-71-14: SITE COVERAGE. Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Rredevelopment Mmaster Pplan. 12-71-15: LANDSCAPING AND SITE DEVELOPMENT.' At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Rredevelopment Mmaster Pplan. 12-71-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tracYbank improvements, public art improvements, and similar improvements. The intent of this Ssection is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 87 CHAPTER 12-7: COMMERCIAL AND BUSINESS DISTRICTS: ARTICLE 12-7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT ISSUE A previous worksession introduced a definition for the land use term "private club." There have been many cases where "private club". has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. Since changing the definition will not allow for this loophole any longer, the properties with private parking clubs are legally nonconforming unless "private parking structure" and "private unstructured parking" are included in the listing of permitted or conditional uses. In this case, the only property that will be legally nonconforming is the Gateway Building parking club in the Commercial Service Center District. OPTIONS If no changes are made, the Gateway Building will fall into legal nonconformity, a status that staff tries to prevent at all costs. If we allow for private parking structures and private unstructured parking in CSC, the Gateway Building will be in conformity with the current regulations. RECOMMENDED AMENDMENTS 12-7E: Commercial Service Center District 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by Ssection 12-7E-3 of this Aarticle, which is not conducted entirely within a building. Bed and breakfasts as further regulated by Ssection 12-14-18 of this Ttitle. Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcades. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in Ssection 12-7E-5 of this Aarticle. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in Cshaater 13 of this Ttitle. 88 CHAPTER 12-8: OPEN SPACE AND RECREATION DISTRICTS ARTICLE 12-8A:. AGRICULTURAL AND OPEN SPACE (A) DISTRICT ARTICLE 12-86: OUTDOOR RECREATION (OR) DISTRICT ARTICLE 12-8D: SKI BASE/RECREATION (SBR) DISTRICT ARTICLE 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT: ISSUE Zone districts are improperly referenced and the specific zone districts are not capitalized. There are also numerous other grammatical errors throughout this Chapter. The word "applicant" is improperly utilized in Section 12-8E-19. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix this Chapter. In Section 12-8E-19, the proposed text amendment.calls for "applicant" to be changed to "developer," as this is the term used in Section 12-8E-19A. "Developer" is the proper word to be used, over "applicant" as in describing who is conducting work at this point in the development process. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. ISSUE There are numerous capitalization issues within Article 12-86, such as with the word District and Title. Land uses, such as "Public recreational facility" should be in the plural form, not singular. There are also some land use terms that need to be standardized, with numerous terms for one type of land use. OPTIONS There is a do nothing option which reflects poorly on the Code itself. When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in this chapter that have been standardized include "passive and active RECOMMENDED AMENDMENTS 12-8A-1: PURPOSE.-. The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the 89 Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the zone district DisWst. 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A District: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. ss; a. . Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. and-selleges: Religious Institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Type 11 employee housing units (EHU) as provided in Chapter 13 of this Title. Well water treatment facility. 12-8A-4: ACCESSORY USES: The following accessory uses shall be permitted in the A District: Accessory buildings and uses customarily incidental to permitted agricultural uses, including barns, silos, sheds, corrals, pens, and similar uses. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. Retail sale of plants, trees, or other farm or agricultural products grown, produced or made on the premises. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 90 12-88: OUTDOOR RECREATION (OR) DISTRICT 12-8B-1: PURPOSE: The Outdoor Recreation eutdeer- District dis#ist is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor 'recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 12-8B-2: PERMITTED USES: The following uses shall be permitted in the OR district: Bicycle and pedestrian paths and pedeaWan . Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 12-88-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Ttitle: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. 12-88-4: ACCESSORY USES: The following accessory uses shall be permitted in the OR Ddistrict: Accessory uses in the OR Ddistrict are subject to conditional use permit review in accordance with the provisions of Cehapter 16 of this Ttitle. 12-88-6: SETBACKS: In the OR Ddistrict, the minimum setback shall be twenty feet (209 from all property lines, except as may be further restricted by the Pplanning and Eenvironmental Csommission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle. 12-8B-10: LANDSCAPING AND SITE DEVELOPMENT. Landscape requirements shall be determined by the Ddesign Rreview Bboard in accordance with Cehapter 11 of this Ttitle. 91 12-8B-12: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the Oeutdoor Rrecreation Ddistrict are found in Cehapter 14 of this Ttitle. 12-8D: SKI BASE/RECREATION (SBR) DISTRICT 12-8D: SKI BASE/RECREATION 1 DISTRICT.• 12-8D-2: Permitted Uses: E. Outside Of Lodge: The following uses shall be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned Ski Base/Recreation 1 District. Bus and skier drop off. Food and beverage service. Indoor and outdoor ski storage. Mountain storage buildings. Private unstructured parking. Public parks, tennis and volleyball courts, and playing fields, ! playgrounds. Ski racing facilities. Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. Special community events. SupfaGe pa*ing at Water-treatment and storage facilities buildings. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the Sski Bbase/Rrecreation Ddistrict, . subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: 12-8D-4: ACCESSORY USES: The following accessory uses shall be permitted . in Saki Bbase/Rrecreation Ddistrict: 12-8D-5: LOCATION OF BUSINESS ACT.IVITY.• All offices and retail sales conducted in the Saki Bbase/Rrecreation Ddistrict shall be operated and conducted entirely within a building except for approved special events and food and beverage vending. 12-8D-6: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the Saki Bbase/Rrecreation Ddistrict will meet the intent of the zone district, a development plan shall be required. B. Plan Process And Procedures: The proposed development 92 plan shall be in accordance with &ection 12-8D-7 of this Aarticle and shall be submitted by the developer to the Aadministrator, who shall refer it to the Pplanning and Eenvironmental Csommission, which shall consider the plan at a regularly scheduled meeting. A report of the Pplanning and Eenvironmental Ceommission stating its findings and recommendations shall be transmitted to the Ttown Csouncil for approval in accordance with the applicable provisions of Ssection 12-16-6 of this Ttitle. C. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the SSW Bbase/Rrecreation Ddistrict. E. DRB Approval Required. The development plan and any subsequent amendments thereto shall require the approval of the Ddesign Rreview Bboard in accordance with the applicable provisions of Cshapter 11 of this Ttitle prior to the commencement of site preparation. 12-8D-7: DEVELOPMENT PLAN CONTENTS: The Aadministrator shall establish the submittal requirements for a development plan application. A complete list of the submittal ; requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that. the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, . specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-8D-8: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. E. Environmental impacts resulting from the proposal have been identified in the project's Eenvironmental limpact Report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail Csomprehensive Pplan and other applicable plans. 12-8D-10: SETBACKS: In the Saki Bbase/RFecreation Ddistrict, front, side, rear and stream setbacks shall. be as indicated on the approved development plan. 12-8E: SKI BASE/RECREATION 2 (SBR2) DISTRICT.• 93 12-8E-1: PURPOSE: The Ski Base/Recreation a4 baGeIF.-GFeatien 2 District dfstgG is intended to provide sites for facilities, activities and uses necessary for and appurtenant to the operation of a ski mountain. A variety of other facilities, uses and activities, including, but not limited to, residential, public and semipublic uses and special community events typically associated with a vibrant resort community are also permitted within the zone district. The Ski Base/Recreation s14 bas&4;eGmatie 2 District district is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional uses throughout the zone district. In order to achieve this objective and to ensure compatibility with adjacent land uses, all permitted uses, development and activity within the zone district shall be subject to approval of a comprehensive development plan in accordance with the provisions of this Aarticle. Furthermore, due to the likelihood of this district being located at the base of Vail Mountain, and upon some of the most critical and important lands to the future success and resort character of the Ttown, development within this district shall be evaluated based upon its ability to meet the specific purposes of this title and to provide "compelling public benefits which further the public interests" that go beyond any. economic benefits to the landowner. 12-8E-2: PERMITTED USES: A. The following uses shall be permitted within the Ski Base/Recreation &14 base#eGreatidn 2 Ddistrict. 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the Ski Base/Recreation 64 ba&e4;9GFea49n 2 Ddistrict, subject to the issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle: 12-8E-4: ACCESSORY USES: The following accessory uses shall be permitted in the Ski Base/Recreation s4 base#eGmatie 2 Ddistrict: 12-8E-5: LOCATION OF BUSINESS ACTIVITY.. A. Limitations, Exception: All offices, retail sales, and commercial ski storage conducted in the Ski Base/Recreation ski baselreGFeation 2 (SBR2) Ddistrict shall be operated and conducted entirely within a building, except for approved special community events, outdoor display of goods, and outdoor restaurant seating. 12-8E-6: DEVELOPMENT PLAN.. A. Development Plan Required. Prior to site preparation, building construction, or other improvements to land within the Ski Base/Recreation a4,1.3= resreatien 2 Ddistrict, there shall be an approved development plan for said district or portion thereof. An 94 approved development plan shall be the principal document in guiding the development, uses and activities of land within the district. A development plan shall be approved by the planning and environmental commission. Development standards including setbacks, site coverage, landscaping, density (GRFA) and parking shall be determined by the Pplanning and Eenvironmental CGommission as part of the approved development plan. This determination is to be made based on the proposed development plan's compliance with the design criteria outlined in Ssection 12- 8E-9 of this Aarticle. B. Application: An application for approval of a development plan may be filed by any owner of property within the Ski Base/Recreation i94 ba6e,4`eGreatien 2 Ddistrict or his (her) agent or authorized representative. The application shall be made on a form provided by the Ddepartment of CGommunity Ddevelopment and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners- of all property to be included in the development plan, or their agents or authorized representatives. The application shall be accompanied by submittal requirements outlined in Saubsection 12-8E-8A of this Aarticle and a development plan as outlined in Saubsection C of this Ssection. 12-8E-7: DEVELOPMENT REVIEW PROCEDURES: A. Pre-application Preapp#Gatien Conference: Prior to submittal of a formal application for a development plan, the applicant shall hold a pre-application preapp&a#iep conference with the Ddepartment of CGommunity Ddevelopment. The purpose of this meeting shall be to discuss the goals of the proposed development plan, the relationship of the proposal to applicable elements of the Vail CGomprehensive Pplan, and the review procedure that will be followed for the application. B. PEC Conducts Final Review: The final review of a proposed development plan shall be by the Pplanning and Eenvironmental CGommission. at either a regularly scheduled meeting or a special meeting. Prior to this meeting, and at the discretion of the Aadministrator, a work session may be held with the applicant, staff and the Pplanning and Eenvironmental CGommission to discuss the development plan. A report of the Ddepartment of CGommunity Ddevelopment staffs findings and recommendations shall be presented at a public hearing before the . Pplanning and Eenvironmental CGommission. The Pplanning and Eenvironmental CGommission shall review the development plan in accordance with the provisions of Ssection 12-8E-9 of this Aarticle.. 12-8E-8: SUBMITTAL REQUIREMENTS: A. Information And Materials Required: The Aadministrator shall establish the submittal requirements for an approved development plan application. Certain submittal requirements may be waived or modified by the Aadministrator or the Pplanning and 95 Eenvironmental Csommission if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the Vail Csomprehensive Pplan. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. 12-8E-9: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of a proposed development plan. It shall be the burden of the applicant to prove by a preponderance of the evidence that the submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. D. Comprehensive Plan: Conformity with the Vail Csomprehensive Pplan, Ttown policies and U-urban Ddesign Pplans. 12-8E-11: SETBACKS: In the Ski Base/Recreation 44 baselFeGreation 2 Ddistrict, front, side and rear setbacks shall be as indicated on the approved development plan. 12-8E-12: HEIGHT. In the Ski Base/Recreation s4 base4qGmatib 2 Ddistrict buildings shall range in height from zero feet (0) to forty three feet (43) and be indicated on the approved development plan. All development shall comply with the building height guidelines found in the Vail Vvillage Mmaster Pplan Csonceptual Bbuilding Hheight Pplan. In no instance, however, shall the maximum building height exceed forty three feet (43). 12-8E-14: SITE COVERAGE: In the Ski Base/Recreation 44 baseh:e-mafid 2 Ddistrict, site coverage shall be as indicated on the approved development plan. 12-8E-15: LANDSCAPING AND SITE DEVELOPMENT.• In the Ski Base/Recreation &14 baselmGFeatie 2 Ddistrict, landscaping requirements shall be as indicated on the approved development plan. 12=8E-16: PARKING/LOADING PLAN AND PROGRAM: Off street parking and loading shall be provided in accordance with Cshapter 10 of this Ttitle. At least ninety five percent (95%) of the required parking shall be located within the main building or buildings, and as approved by the Pplanning and Eenvironmental Csommission in review of the development plan. The off street parking, and loading plan shall be indicated on and described in the approved development plan. 96 12-8E-17: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of . mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Pplanning and Eenvironmental Csommission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, loading/delivery, streetscape improvements, stream tract/bank improvements, public art improvements, parking, and similar improvements. The intent of this Ssection . is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 12-8E-18: AMENDMENT PROCEDURES: A. Minor Amendments: 2. Minor amendments consistent with the design criteria outlined in Ssection 12-8E-9 of this Aarticle may be approved by the Ddepartment of Ceommunity Ddevelopment. All minor amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Ddepartment of Csommunity Ddevelopment. 3. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the zone district that may be affected by the amendment. Affected properties shall be as determined by the Ddepartment of Csommunity Ddevelopment. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Pplanning and Eenvironmental Csommission will be informed of the administrative action staff decision. In all cases the report to the Pplanning and Eenvironmental Csommission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 4. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the zone district, the applicant, Pplanning and Eenvironmental Ceommission members or members of the Tiown Csouncil as outlined in Ssection 12-3-3 of this Ttitle. B. Major Amendments: 1. Major amendments are any proposal to change uses; increases to residential floor area greater than five percent (5%) of the approved square footage; increases to retail, office, or common 97 floor area greater than five percent (5%) of the approved square footage; increases or decreases to the number of dwelling, accommodation, or fractional fee club units; any request to modify, enlarge or expand the boundary of an approved development plan and any amendment to the approved development plan that is not a minor amendment as determined by the Aadministrator and defined in this Aarticle. 2. Requests for major amendments to an approved development plan shall be evaluated based upon the degree of deviation of the amendment from the basic intent and character of the approved development plan and reviewed in accordance with the procedures described in Ssection 12-8E-7 of this Aarticle. All major amendments shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Ddepartment of Ceommunity Ddevelopment. 3. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the zone district, and owners of all property within the zone district that may be affected by the proposed amendment (as determined by the Ddepartment of Csommunity Ddevelopment). Notification procedures shall be as outlined in Ssubsection 12-3-60 of this Ttitle. 12-8E-19: TIME REQUIREMENTS: A. Start Of Construction; Completion: The. developer must begin initial construction of the development plan within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided. If the developer app/isant does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding Ssubsection, the approval of said development plan shall be void. The Pplanning and Eenvironmenta/ Csommission shall review the development plan upon submittal of an application to reestablish the development plan following the procedures outlined in Ssection 12-8E-7 of this Aarticle. CHAPTER 12-9: SPECIAL AND MISCELLANEOUS DISTRICTS: SECTION 12-9A-1: PURPOSE SECTION 12-9A-2: DEFINITIONS: 98 SECTION 12-9A-3: APPLICATION: ISSUE The Purpose Section in Article 12-9A has numerous grammatical errors. The regulations stating which zone districts are eligible to have SDDs are hidden in this Section, where the applicant does not notice them. OPTIONS If the regulations relating to which zone districts are applicable to SDDs remains in the Purpose Section, applicants will continue to miss this important regulation. Staff recommends adding Subsection B: Applicability in order to make these regulations stand out to applicants and other users of the Code. The proposed text amendment does not make any textual changes except to separate two sentences from the purpose section and give them their own headings. ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. ISSUE The Primary/Secondary Residential District is improperly labeled as the Duplex District. OPTIONS Keeping Duplex District in the Code is confusing to applicants, as there is no Duplex District. The mistake will be corrected to reflect the actual name of the zone district. RECOMMENDED AMENDMENTS 12-9A-1: PURPOSE AND APPLICABILITY.- A. PURPOSE. The purpose of the Sspecia/ Ddevelopment Ddistrict is to encourage flexibility and creativity in. the development of land in order to promote its most appropriate use, to improve the design character and quality of the new development with the Ttown; to facilitate. the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail Csomprehensive Pplan. An approved development plan for a Sspecial Ddevelopment Ddistrict, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Sspecial Ddevelopment Ddistrict. The &PeGial development diatFiGt doe r Pesidenti~, tile- --;I,, JW1ei., p ,The as 9 n~, s a lisle B. APPLICABILITY. Special Development Districts do not 99 apply to and are not available in the following zone districts: Hillside Residential, Single-Family Residential, Two-Family Residential and Two-Family Primary/Secondary Residential. 12-9A-2: DEFINITIONS: AFFECTED PROPERTY.' Property within a Sapecial Ddevelopment Ddistrict that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved Sapecial Ddevelopment Ddistrict. AGENT OR AUTHORIZED REPRESENTATIVE. Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the Sapecial Ddevelopment Ddistrict is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEM: Any proposal to change uses, increase gross residential floor area; change the number of dwelling or accommodation units, modify, enlarge or expand any approved Sapecial Ddevelopment Ddistrict (other than "minor amendments" as defined in this Saection), except as provided under Ssection 12-15-4, "Interior Conversions" or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)" of this Ttitle. MINOR AMENDMENT (STAFF REVIEK9: Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved Sapecial Ddevelopment Ddistrict, and are consistent with the design criteria of this Ghapter Article. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building footprints, changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Sapecial Ddevelopment Ddistrict; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Saection 12-15-4, "Interior Conversions" or 12-15- 5, "Additional Gross Residential Floor Area (250 Ordinance)" of this Ttitle. UNDERLYING ZONE DISTRICT.• The zone district existing on the property, or imposed on the property at the time the Sapecial Ddevelopment Ddistrict is approved. The following zone districts 100 are prohibited from Special Development Ddistricts being used: Hillside Rresidential, Ssingle-Family Residential, Two-Family Residential duple, Two-Family Pprimary/Ssecondary Residential.. 12-9A-3: APPLICATION. An application for approval of a Sspecial Ddevelopment Ddistrict may be filed by any owner of property to be included in the Sspecial Ddevelopment Ddistrict or his (her) agent or authorized representative. The application shall be made on a form provided by the Ddepartment of CGommunity Ddevelopment and shall include: a legal description of the property, a list of names and mailing addresses of all adjacent property owners and written consent of owners of all property to be included in the Sspecial Ddevelopment Ddistrict, or their agents or authorized representatives. The application shall be accompanied by submittal requirements in Ssection 12-9A-5 of this Aarticle and a development plan as in Ssection 12-9A-6 of this Aarticle. _A SECTION 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: SECTION 12-9A-5: SUBMITTAL REQUIREMENTS: SECTION 12-9A-6: DEVELOPMENT PLAN: SECTION 12-9A-7: USES: SECTION 12-9A-8: DESIGN CRITERIA: SECTION 12-9A-9: DEVELOPMENT STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because. they will ensure a professional looking Code. ISSUE The procedures for review of SDDs by PEC and Town Council are not clearly outlined. The criteria are listed, but there are no necessary findings for PEC and Town Council to use in determining the outcome of SDD applications. OPTIONS There is some reference to other places in the Code that have procedural outlines. However, it is important to have these procedures outlined within the SDD. The proposed text amendments will clarify procedure for review of Special Development Districts. It is important to provide a clear procedure for legal proceedings in order to have a legally binding process. Subsections 12-9A-4C and D have added text to explain procedure for P.EC and Town Council review. Section 12-9A-8 has. been clarified to provide Necessary Findings for PEC and Town Council when reviewing an SDD. 101 RECOMMENDED AMENDMENTS 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval Of Plan Required. Prior to site preparation, building construction, or other improvements to land within a Sspecial Ddevelopment Ddistrict, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a Sspecial Ddevelopment Ddistrict. B. Pre-application PFeapplieatiex~ Conference: Prior to submittal of a formal application for a Sspecial Ddevelopment Ddistrict, the applicant shall hold a pre-application pFeapelisa# conference with the Ddepartment of Csommunity Ddevelopment. The purpose of this meeting shall be to discuss the goals of the proposed Sspecial Ddevelopment Ddistrict, the relationship of the proposal to applicable elements of the Ttown's Comprehensive master- Pplan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review. The initial review of a a proposed Sspecial Ddevelopment Ddistrict shall be held by the Pplanning and Eenvironmental CGommission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the Aadministrator, a work session may be held with the applicant, staff and the Pplanning and Eenvironmental CGommission to discuss Sspecial Ddevelopment Ddistrict. • A report of the Ddepartment of Ceommunity Ddevelopment staffs findings and recommendations shall be made at the initial formal - hearing before the Pplanning and Eenvironmental Coommsssion. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on the petition or proposal. The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this Title, or may recommend denial of the petition or rejection of the proposal. The Commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. D. Town Council Review. A report of the Pplanning and Eenvironmental CGommission stating its findings and recommendations, and the staff report shall then be transmitted to the ' Toown Csouncil. ins-,'2 3 . 1*9 We. Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or 102 proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to create or amend a Special Development District, either in accordance with the recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail Town Charter. 12-9A-5: SUBMITTAL REQUIREMENTS: The administrator shall establish the submittal requirements for a Sspecial Ddevelopment Ddistrict application. A complete list of the submittal requirements shall be maintained by the Aadministrator and filed in the Ddepartment of Csommunity Ddevelopment. Certain submittal requirements may be waived and/or modified by the Aadministrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or 'applicable to the planning documents that comprise the Vail Csomprehensive Pplan. The Aadministrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 12-9A-6: DEVELOPMENT PLAN. An approved development plan is the principal document in guiding the development, uses and activities of Sspecial Ddevelopment Ddistricts. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any Sspecial Ddevelopment Ddistrict. The development plan shall be comprised of materials submitted in accordance with Section 12-9A-5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Sspecial Ddevelopment Ddistrict shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Sapecial Ddevelopment Ddistrict, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone 103 district. Under certain conditions, commercial uses may be permitted in residential Sspecial Ddevelopment Ddistrict if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the Sspecial Ddevelopment Ddistrict. The amount of area and type of such uses, if any, to be allowed in a residential Sspecial Ddevelopment Ddistrict shall be established by the Town Council as a part of the approved development plan. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed Sspecial Ddevelopment Ddistrict. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. (1)A: Compatibility.-. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, . building height, buffer zones, identity, character, visual integrity and orientation. (2)9-. : Relationship: Uses, activity and density which. provide a compatible, efficient and. workable relationship with surrounding uses and activity. (3)S- Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. (4)D: Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. (5)€. Natural And/Or Geologic Hazard. Identification and mitigation of natural and/or geologic hazards that affect the property on which the Sspecial Ddevelopment Ddistrict is proposed. (6) Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. (7)49: Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. (8)4. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. (9)1-. Workable Plan: Phasing plan or subdivision plan that will maintain a. workable, functional and efficient relationship throughout the development of the Sspecial Ddevelopment Ddistrict. 104 B. Necessary Findings: Before recommending and/or granting an approval of an application for a Special Development District, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the proposed SDD: (1) That the SDD complies with the standards listed in Subsection 12-9A-8A of this Title, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. (2)That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the SDD promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage GoVerages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed Sspecial Ddevelopment Ddistrict 's compliance with the design criteria outlined in Section 12-9A-8 of this Article. SECTION 12-9A-10: AMENDMENT PROCEDURES: SECTION 12-9A-11: RECREATION AMENITIES TAX: SECTION 12-9A-12: TIME REQUIREMENTS: SECTION 12-9A-13: FEES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS Leaving the mistakes in place will keep the Code in disarray. The changes are important because they will ensure a professional looking Code. 105 ISSUE There is confusing wording in 12-9A-10a-1, which alludes to design criteria when in fact it should reference the definition of Minor Amendment. OPTIONS The proposed text amendment is necessary in order to delete confusing wording. If the current verbiage remains, applicants will continue to be puzzled by this Subsection. ISSUE In . referencing notification, the word "or" is confusing, causing applicants to think notification may occur for one or the other, but not both. OPTIONS Regardless of the text error here, the requirements for notification will stay the same, with staff ensuring that proper notification occurs. To alleviate confusion in regards to the notification procedures for amendments to SDDs, the word "or" needs to change to "and" to be inclusive of both circumstances. ISSUE The PEC is incorrectly identified as the regulatory board that determines fees and taxes. OPTIONS Because of the outline of roles in Title 3: Boards and Commissions, it is understood that PEC does not have this power. However, fees and taxes are determined by Town Council, not PEC and the proposed text amendment seeks to clarify this error. ISSUE While the Department of Community Development requests funds. each year with some appropriated to hiring consultants for various applications, this does not occur on an individual project basis. While we do technically conform to the regulations in 12-9A-13, it is necessary to remove all doubt of conformity in order to create a legally binding process that cannot be challenged in court. OPTIONS ' With no changes made to this Article, there may be a challenge to an SDD on the grounds that the Department of Community Development did not specifically request approval to hire an outside consultant on behalf of the application. In order to create a process that cannot be legally challenged, the Department of Community Development needs to have discretion in hiring an outside consultant, a rule that will keep the process efficient. This will not change the current policy, which is to conduct all approvals with Town Council for hiring of outside consultants in the budgetary process. RECOMMENDED AMENDMENTS 12-9A-10: AMENDMENT PROCEDURES: A. MinorAmendmenis: 1. Minor modifications consistent with the definition of "minor amendment" in Ssubsection 12-9A-2 " of this Article, may be approved by the Department of Community Development. All minor 106 modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within and er adjacent to the Sspecial Ddevelopment Ddistrict that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the administrative action Staff desisisrl In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the Sspecial Ddevelopment Ddistrict, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. B. Major Amendments: 1. Requests for major amendments to an approved Sspecial Ddevelopment Ddistrict shall be reviewed in accordance with the procedures described in Section 12-9A-4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the Sspecial Ddevelopment Ddistrict, and owners of all property within the Sspecial Ddevelopment Ddistrict that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in Ssubsection 12-3-6C of this Title. 12-9A-11: RECREATION AMENITIES TAX.• A recreation amenities tax shall be assessed on all Sspecial Ddevelopment Ddistricts in accordance with Title 2, Chapter 5 of this Code at a rate to be determined by the Town Council Planning s. . This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. 12-9A-12: TIME REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the Sspecial Ddevelopment Ddistrict within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the Sspecial Ddevelopment Ddistrict is to be developed in phases, the 107 developer must begin construction of subsequent phases within one year of the completion of the previous phase. B. Approval Voided. If the applicant does not begin and diligently work toward the completion of the Sspecial Ddevelopment Ddistrict or any stage of the Sspecial Ddevelopment Ddistrict within the time limits imposed by the preceding Ssubsection, the approval of said Sspecial Ddevelopment Ddistrict shall be void. The Planning and Environmental Commission and Town Council shall review the Sspecial Ddevelopment Ddistrict upon submittal of an application to reestablish the Sapecia/ Ddevelopment Ddistrict following the procedures outlined in Section 12-9A-4 of this Article. 12-9A-13: FEES: The filing fee for Sspecial Ddevelopment Ddistrict applications and for major and minor amendments to Sapecia/ Ddevelopment Ddistrict shall be set by the Town Council by resolution. Applications deemed by . the Department of Community Development to have significant design, land use, or other issues which fray have a significant impact on the community may require review by consultants other than Town staff. Should a determination be made by the Town staff that an outside consultant is needed to review any Sapecia/ Ddevelopment Ddistrict application, said outside consultant shall be commissioned by the Department of Community Development. , sensugant; Tthe Department of Community Development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the Town by the applicant at the time the Sapecial Ddevelopment Ddistrict application is submitted to the Department of Community Development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within thirty (30) days of notification by the Town. 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: Nothing in this Article shall be construed to limit, replace or diminish the requirements, responsibilities, and specifications of Special Development Districts 2 through 21. The Town Council specifically finds that said Special Development Districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town. These SDDsdW4Gts, if not commenced at the present time, shall comply with Section 12-- 9A-12 of this Article. 108 SECTION 12-9A-15: BED AND BREAKFAST; CONDITIONAL USE PERMIT ISSUE' All other land uses are listed within the.underlying zone district Sections of the Code. Within the SDD Article , no other land uses are mentioned, but Bed and Breakfast has its own Section. Meanwhile, many SDDs are not eligible to have Bed and Breakfasts, making this paragraph somewhat misleading. Since SDDs cannot deviate from the underlying zone district's land uses, if a Bed and Breakfast is allowed, then it will be allowed in the SDD. OPTIONS If this Section is left in this Article, it will continue to confuse. applicants who think that they can have Bed and Breakfasts in SDDs no matter what zone district is underlying. The proposed text amendment is to delete Subsection. 12-9A-1 5. This needs to be deleted because it is redundant and confusing. RECOMMENDED AMENDMENT 2 9A 1 : Q1=n A AID -RR-F=4 KF=4 RT- COAAWT 0AIAI l lcc oF=onr gs :hag be agewed to apply fGr- a be as fu„ er rain ted h„ Qe Gtinn 47.14.1-2 of this Titlo SECTION 12-9C-1: PURPOSE: SECTION 12-9C-2: PERMITTED USES: SECTION 12-9C-3: CONDITIONAL USES: SECTION 12-9C-4: ACCESSORY USES: SECTION 12-9C-5: DEVELOPMENT STANDARDS: SECTION 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: ISSUE There are numerous capitalization issues within Chapter 12-9, specifically with the words Title, District and Chapter. Land uses need to be in plural form, rather than the singular form. There are also a few examples of land uses that are not in the proposed standardized form. OPTIONS There is a do nothing option which reflects poorly on the Code itself: When a single land use has more than one terminology in the Code, it can create confusion among applicants and staff. Another option is to correct these errors in order to foster a professional looking Code that is easily utilized and understood. The land use terms in . this chapter that have been standardized include "Bicycle and pedestrian paths," "Health care facilities" and "Religious Institutions" The capitalization and grammar errors should be corrected to facilitate a Code without error. ISSUE There are numerous grammatical errors. OPTIONS 109 These errors can remain or can be corrected, projecting a more professional feel of the Code. ISSUE With the new definitions of land uses related to parking, the land use terms in the permitted, conditional and accessory uses Chapters need to be updated. OPTIONS The land use terms can remain which will continue to confuse applicants with the various terms for parking facilities. These changes reflect the proposed text amendments to the Definitions Chapter. Using the terminology from the Parking District Section, we conclude that these terms, also proposed vocabulary for the 12-2: Definitions, will help to alleviate confusion in the Code in relation to parking facilities. With fewer standardized terms for land uses related to parking, applicants can clearly understand what is meant when terms are listed as conditional uses. RECOMMENDED AMENDMENTS 12-9B-3: CONDITIONAL USES: , The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Major arcades. Private or public off-street vehicle parking structures. PFAvate er-publis Pparks and recreational facilities. Public uses, private once and commercial uses that are transportation, tourist or Town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this Section, a temporary construction staging site shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Type Ill employee housing units (EHU) as provided in Chapter 13 of this Title. 12-9C-1: PURPOSE: The Ggeneral U44se Ddistrict is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Saection 12-1-2 of this Ttitle and to provide for the public welfare. The Ggeneral Uuse Ddistrict is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the 110 permitted types of uses. 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU Ddistrict: Passive outdoor recreation areas, and open space. Pede&tdan and bike Bicycle and pedestrian paths. 12-9C-3: CONDITIONAL USES: A. Generally. The.following conditional uses shall be permitted in the GU Ddistrict, subject to issuance of a conditional use permit in accordance with the provisions of Cshapter 16 of this Ttitle:. Child daycare centers. Equestrian trails. Golf courses. Health care facilities. Helipad for emergency and/or community use. sc, a. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools . Public and quasi-public indoor community facilitiesy. Public buildings and grounds. Es a.,qd &tr-UGtUFe&: Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines- and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type III employee housing units (EHU) as provided in CGhapter 13 of this Ttitle. Water and sewage treatment plants. 12-9C-4: ACCESSORY USES: The following accessory -uses shall be permitted in the GU Ddistrict. Minor arcades. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the 111 exception of buildings. 12-9C-5: DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the Ggeneral Uuse Ddistrict, development standards in each of the following categories shall be as prescribed by the Pplanning and Eenvironmental Coommission: B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Pplanning and Eenvironmental Coommission during the review of the conditional use request in accordance with the provisions of CGhapter 16 of this Ttitle. 12-9C-6: ADDITIONAL DEVELOPMENT STANDARDS: Additional regulations pertaining to site development standards and the development of land in the Ggeneral U44se Ddistrict are found in Cshapter 14 of this Ttitle. 112 CHAPTER 12-10: OFF-STREET PARKING AND LOADING SECTION 12-10-6: PARKING; OFF-SITEAND JOINT FACILITIES: SECTION 12-10-7. STANDARDS; AUTHORITY TO ADJUST: .SECTION 12-10-9: LOADING STANDARDS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-10-6. PARKING; OFF-SITE AND JOINT FACILITIES: All parking and loading facilities required by this CGhapter shall be located on the same site as the use for which they are required, provided that the Ttown CGouncil may permit off-site or jointly used parking facilities if located within three hundred feet (300) of the use served. Authority to permit off-site or joint parking facilities shall not extend to parking spaces required by this Ttitle to be located within the main building on a site, but may extend to parking spaces permitted to be unenclosed. Prior to permitting off- site or joint parking facilities, the CGouncil shall determine that the proposed location of the parking facilities and the prospective operation and maintenance of the facilities will fulfill the purposes of this CGhapter, will be as usable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The CGouncil may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of ownership, long-term lease, or easement. 12-10-7.- STANDARDS; AUTHORITY TO ADJUST.• Parking standards shall be those provided in Ttitle 14 of this code. The standards set out in Ttitle 14 of this code, shall govern the design and construction of all off-street parking and loading facilities, whether required by this CGhapter or provided in addition to the requirements of this CGhapter. Minor adjustments of the dimensions prescribed in this CGhapter may be authorized by the Aadministrator if consistent with generally recognized design standards for off-street parking and loading facilities. 12-10-9: LOADING STANDARDS: Standards for off-street e#str~ loading shall be as follows: A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off-street oAE stme loading berths shall be provided in 113 addition to required off-street eAE 6treet parking and shall not be located within accessways. B. Size: Each required loading berth shall be not less than twelve feet (12) wide, thirty five feet (35) long, and if enclosed and/or covered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. At the Pplanning and Eenvironmental Csommission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the Pplanning and Eenvironmental Csommission finding that such variation. is necessary to prevent negative impacts to the public right of way. SECTION 12-10-13: LOADING REQUIREMENTS SCHEDULE: ISSUE .An error in.the Code lists the Town Council as the Board that determines the loading facility requirements, when in fact it is the responsibility of the PEC to handle matters related to conditional use permits. OPTIONS Without any action, these PEC will still review these requirements, but this may not be legally binding. This change alleviates any confusion as to who is required to set the loading facility requirements and helps to smooth out the process. RECOMMENDED AMENDMENTS 12-10-13: LOADING REQUIREMENTS SCHEDULE: Off-street loading requirements shall be determined in accordance with the following schedule: Use Loadina Reouirement Any use listed as a Loading facilities requirement to be conditional use. determined by the #ew~p Ge-upsil Planning and Environmental Commission as a condition of the conditional use permit, but not less than the comparable requirement prescribed above SECTION 12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED: SECTION 12-10-17: LEASING OF PARKING SPACES: SECTION 12-10-20: SPECIAL REVIEW PROVISIONS: SECTION 12-10-21: PARKING PAY IN LIEU ZONES ESTABLISHED: ISSUE There are numerous grammatical errors. OPTIONS 114 These errors can remain or can be corrected, projecting a more professional look for the Code. SECTION 12-10-17: LEASING OF PARKING SPACES: ISSUE A previous worksession. introduced a definition for the land use term "private club." There have been many cases where "private club" has been used to create private parking clubs, where sales and leasing of parking spaces has occurred under the guise of a private club. The Gateway Building, in the CSC District, leases parking spaces in accordance with Section 12-10-17, but is not listed as an appropriate zone district for this type of parking leasing. With the change to private club, the Gateway Building's private parking club will be legally nonconforming with regards to its leasing program. OPTIONS If no changes are made, the Gateway Building will fall into legal nonconformity, a status that staff tries to prevent at all costs. If we include CSC District in the allowed zone districts for leasing of parking spaces, the Gateway Building will be in compliance with the updated Code. RECOMMENDED AMENDMENTS 12-10-16: EXEMPT AREAS; PARKING FUND ESTABLISHED: A. Criteria: The Ttown Csouncil by resolution may exempt certain areas from the off-street parking and loading requirements of this Cshapter if alternative means will meet the off-street parking and loading needs of all uses in the area. Prior to exempting any area from the off-street parking and loading requirements, the CGouncil shall determine the following: B. Parking Fund 2. The parking fee to be paid by any owner or applicant shall be determined by the Ttown Csouncil. 3. If any parking funds have been paid in accordance with this Ssection and if subsequent thereto a special or general improvement district is formed. and assessments levied for the purpose of paying for parking improvements, the payer payer shall be credited against the assessment with the amount previously paid. 12-10-17: LEASING OF PARKING SPACES: B. Lease Qualifications; Application To Lease: 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in Coommercial Clore 1, Coommeccial Clore 2, Coommercial Clore 3, Hhigh Ddensity Mmultiple-Ffamily, Ppublic Aaccommodations, Lionshead Mixed Use 1 lienshead named use 1, Lionshead Mixed Use. Z Iienshead mixed use-2 Commercial Service Center or Sspecial Ddevelopment zone districts and provides sufficient parking for use by employees may apply to the 115 Aadministrator of the Ttown for a permit to lease parking spaces. 2. Application shall be made on a form provided by the Aadministrator and upon approval of the application by the Aadministrator a leasing permit shall be issued with or without. condition as determined by the Aadministrator. If the Administrator tow:-, s+a# determines that the lease proposal results in a visual impact to surrounding streets or property, the Aadministrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the visual appearance of the parking area. If said private parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if any) will be required on this application. 3. The Aadministrator may request that an applicant conduct 'a parking utilization study to determine the difference between the average capacity of the lot and the peak day utilization, and such other information as may be necessary for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the Aadministrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not significantly changed. Any applicant wishing for an extension to an established lease agreement,.must submit an application to the Aadministrator no later than two (2) weeks prior to the termination of the existing approval. 5. No applicant shall be permitted to lease more than sixty percent (60%) of the parking spaces which is the difference between the average capacity of the lot and the peak day utilization as determined by the Aadministrator. 8. It shall be the. responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs #henMer on the premises and to see that the leased spaces are used and occupied in accordance with the lease agreement. 10. Car rental agencies may lease parking spaces only in the CC3 zene-Ddistrict, and shall be limited to a maximum of fifteen (15) parking spaces per site. Each site may be allowed a maximum of one lease for a car rental agency. 12-10-20: SPECIAL REVIEW PROVISIONS: Notwithstanding the provisions of Ssection 12-10-18 of this Cshapter, the Pplanning and Eenvironmental Csommission may approve.a reduction to the number of required spaces specified in Ssection 12-10-10 of this Cshapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the Pplanning and Eenvironmental Csommission: In reaching a decision, the Pplanning and Eenvironmental 116 Csomm. ission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under "special review" are subject to additional scrutiny by the Pplanning and Eenvironmental Csommission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed twenty five percent (25%) of the total number required under Ssection 12-10- 10 of this Chhapter. 12-10-21: PARKING PAY IN LIEU ZONES ESTABLISHED: The "Parking Pay-in-Lieu Zone" maps (attached to ordinance 4, series of 2001, and available for inspection in the office of the Ttown Cslerk) shall be used to identify properties within the parking pay in lieu zones referenced in Ssection 12-10-16 of this Cshapter. Properties will. be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the Pplanning and Eenvironmental Csommission for review if the provision of on site parking on the property would circumvent relevant objectives of applicable Comprehensive master Pplan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements. CHAPTER 12-11: DESIGN REVIEW: SECTION 12-11-1: INTENT: SECTION 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION: SECTION 12-11-3: DESIGN APPROVAL: SECTION 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: SECTION 12-11-5: DESIGN GUIDELINES: SECTION 12-11-6: PARK DESIGN GUIDELINES: SECTION 12-11-7: DESIGN REVIEW FEE: SECTION 12-11-8: PERFORMANCE BOND: SECTION 12-11-11: ENFORCEMENT; INSPECTION: ISSUE Section 12-11-1 is improperly labeled Intent. OPTIONS While this error does not affect the content of this Chapter, it does not follow the format of the rest of the Code. This change will help to provide a basis for why we have the Design Guidelines Section, which is generally referred to as "purpose" instead of "intent." ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. 117 RECOMMENDED AMENDMENTS 12-11-1: PURPOSE !NT€NT: B. Area Character Protection: These factors constitute an important economic base for the Ttown, both for those who earn their living here and for those who view the Ttown as a precious physical possession. The Ttown Csouncil finds that . new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Ttown,• and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Ttown Csouncil has created a Ddesign Rfeview Bboard (DRB) and design criteria. 12-11-2: DEFINITIONS AND RULES OF CONSTRUCTION. A. Basis For Meanings: Any words, terms, or phrases used in this design review guide shall be defined and interpreted in accordance with the definitions contained in Ssection 12-2-2 of this Ttitle, unless the context clearly indicates a different meaning was intended. If the context is unclear, the matter will be referred to the Ddesign Rreview Bboard for final determination. 12-11-3: DESIGN APPROVAL: C. Nonconforming Sites And Structures; Effect Of Design Guidelines: 2. From the effective date of July 21, 1998, there shall be permitted a one-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures may be expanded without requiring upgrades to. entire structures and sites to conform to with the design guidelines. The addition itself, however, shall conform to With the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 12-11-4: MATERIAL TO BE SUBMITTED, PROCEDURE. 118 B. Conceptual Design Review:. 1. Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this Chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The, purpose of a conceptual review shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this Chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled Design Review Board meeting: e. Planning and Eenvironmental Csommission andlor Tiown Ceouncil approval if required. 2. Staff, Board Procedure: a. Upon receipt of an application for conceptual design review the Ddepartment of Coommunity Ddevelopment shall review the submitted materials for general compliance with the appropriate requirements of the Zzoning Regulations Bede. If the proposal is in basic compliance with the Zzoning Regulations, cede the project shall be - forwarded to the Ddesign Rreview Bboard for conceptual review. If the application is not generally in compliance with the Zzoning Regulations, cede req ui -ements the application and submittal materials shall be returned to the applicant with a written explanation of the Ddepartment of Coommunity Ddevelopment's findings. b. The Ddesign Rfeview Bboard shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward' comments concerning the design to the applicant. No vote of the design review board will be required unless requested by the applicant. The property owner or his/her representative shall be present at the Ddesign Rreview Bboard hearing. C. Preliminary And Final Design Review: 1. The owner or authorized agent of any project requiring design approval as prescribed by this Cshapter shall submit for final design approval all of the following material to the Aadministrator, unless the Aadministrator determines within five (5) days of a written request for such determination that some of the following material may be excluded: h. Sign Regulations Compliance: Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in Ttitle 11 of this. Csode, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in Ssubsection CI d of this 119 Ssection. Upon request of the Aadministrator, samples of sign materials shall be submitted. i. Erosion And Revegetation Plan: Erosion control and revegetation landscaping plans. (1) Plan Required: In all developments involving two (2) or more acres, an erosion control plan will be required. For developments involving less than two (2) acres, an erosion control plan may be required by the Ddepartmeni of CGommunity Ddevelopment, based upon conditions of slope and soil stability. (3) Review Of Plan: The Ddepartment of Csommunity Ddevelopment shall review and approve all erosion control plans and shall maintain a list of erosion control practices, both structural and nonstructural. (5) Revegetation Landscaping: Such plan shall be required of any. applicant proposing to remove or disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation plan. At a minimum, plans submitted under this Ssubsection shall include revegetation of land disturbed by development and construction activity. The Ddepartment of CGommunity Ddevelopment shall establish and maintain a list of revegetation best management practices. (6) Additional Requirements: In addition to the above - requirements, the Ddepartment of CGommunity Ddevelopment may require any or all of the following: j. NPDES Permit. An approved national pollutant discharge elimination system permit for storm water discharges to surface waters resulting from developments draining two (2) or more acres shall be presented. In lieu of such permit, the developer of an area of two (2) or more acres may present a "no discharge" storm water drainage plan, which may include such measures or detention ponds, high curbs, and infiltration galleries. The Ddepartment of CGommunity Ddevelopment shall establish and maintain. a list of such "no discharge" measures. m. Lighting Plan: An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in Ssection 12-11-5 of this Cshapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the Ddepartment of CGommunity Ddevelopment. 2. Staff Or Design Review Board Procedure: The Ddepartment of Csommunity Ddevelopment shall check all material submitted for design review for compliance with the applicable provisions of the Zzoning Regulations sede, Ssubdivision Rfegulations, and with this Ssubsection C (the submittal requirements of this Ssection as outlined above). If the application is found to be in compliance with the applicable provisions of the Zzoning Csode, Ssubdivision Rregulations, and this Ssubsection C, the, project shall either be 120 placed upon the agenda of the next appropriately scheduled Ddesign Rreview Bboard meeting in accordance with the required application submittal deadlines on file in the Ddepartment of Ceommunity Ddevelopment, or be reviewed by the Aadministrator in accordance with Ssubsection C3 of this Ssection (staff approval). If the application is found not to be in compliance with the applicable provisions of the Zzoning Regulations seda and this Ssubsection C, the application and materials shall be returned to the applicant with an explanation of the Aadministratoes findings. The Aadministrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The Aadministrator or the Ddesign Rreview Bboard shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this Cshapter, the Aadministrator or the Ddesign Rreview Bboard shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this Cshapter, the Ddesign Rreview Bboard may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the Ddesign Rreview Bboard or to the Aadministrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason. b. If the project is found to conflict with the design guidelines, the Aadministrator or the Ddesign Rreview Bboard shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does' not comply and* the manner of noncompliance. c. Following the final review of an application by the Ddesign Preview Bboard at a public meeting, the Ddesign Rreview Bboard shall have thirty (30) days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the Ddesign Rreview Bboard shall approve, disapprove or request further changes within thirty (30) days of the meeting at which the Ddesign Rreview Bboard receives the changes unless an extension is agreed to by the applicant. e. The applicant or his/her authorized representative shall be present at the Ddesign Rreview Bboard meeting. 3. Staff Approval: The Aadministrator may approve any of the following applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is 121 generally consistent with the architectural design, including, but not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite - dishes, windows, skylights, minor commercial facade improvements, and other similar modifications, b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and. approval has been received by an authorized member of a condominium association, if applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site; and d.. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading; site walls, installation of accessory structures or recreational facilities. In the above specified cases, the Aadministrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Ddesign Rfeview Bboard for decision. All other applications shall be referred to the Ddesign Rfeview Bboard. 12-11-5. DESIGN GUIDELINES: The design guidelines for all development are contained in Title the-14 of this Csode, 12-11-6: PARK DESIGN GUIDELINES: A. Purpose: These guidelines shall be used by the Ddesign . . Rfeview_ Bboard in reviewing any proposals for the development of Ttown park land. The guidelines shall be used in conjunction with the general design review guidelines found in Ttttle 14 of this Csode. It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time encouraging park development that will complement the natural beauty of our park land. The purpose of the guidelines is to provide continuity in the character of the parks which will be developed over many years. The guidelines will provide consistent design criteria to maintain the quality of Ttown parks through all phases of development. 12-11-7. DESIGN REVIEW FEE. The Ttown Csouncil shall set a design review fee schedule sufficient to cover the cost of Ttown staff time, consultant's fees, and incidental expense. 12-11-8: PERFORMANCE BOND: The Bbuilding Oefficial shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and 122 landscaping have been installed. The Bbuilding Oefficial may issue a temporary certificate of occupancy not to exceed two hundred ten (210) days upon the applicant posting with the Ddepartment of Csommunity Ddevelopment a performance bond or other security acceptable to the Ttown Csouncil in the sum of one hundred twenty five percent (12591a) of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plansAf said landscaping, paving, and other accessory improvements. are not installed by the applicant within the period allowed, the temporary certificate of occupancy may be revoked until the same are installed by the applicant or by the Ttown pursuant to the terms of the performance bond or other accepted security that has been approved by the Ttown. 12-11-11: ENFORCEMENT, INSPECTION. Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy certificate after inspection by the Ddepartment of Csommunity Ddevelopment. The Ddepartment of Csommunity Ddevelopment shall inspect the site to ensure that the work has been completed in accordance with the application and plans approved by the Ddesign Rfeview Bboard. It shall be the duty of the property owner or his/her authorized agent to notify the Ddepartment of Csommunity Ddevelopment that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the Ddepartment of Csommunity Ddevelopment shall issue a final certificate of occupancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the adopted building code, the applicant shall post a bond as set forth in Ssection 12-11-8 of this Cshapter. Upon forfeiture of said bond or surety, the Ttown shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the Ttown for the 'additional costs thereof. Furthermore, the amount that the cost of installing said improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. 123 CHAPTER 12-12: ENVIRONMENTAL IMPACT REPORTS: SECTION 12-12-1: PURPOSE: SECTION 12-12-2: APPLICABILITY: SECTION 12-12-3: EXEMPT PROJECTS: SECTION 12-12-4: STUDIES AND DATA REQUIRED: SECTION 12-12-5: REPORT CONTENTS: SECTION 12-12-6: REPORT; ADDITIONAL MATERIAL: SECTION 12-12-7: TIME SCHEDULE: SECTION 12-12-8: FEE: SECTION 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: SECTION 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION:. SECTION 12-12-11: ACTION BY COMMISSION: SECTION 12-12-12: PERMIT ISSUANCE: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain or can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS .12-12-1: PURPOSE: Submission and review of an Eenvironmental limpact Rfeport on any private development proposal or public project which may affect to any significant degree the quality of the environment in the Town or in surrounding areas is required to achieve the following objectives: 12-12-2: APPLICABILITY: An Eenvironmental limpact Rfeport shall be submitted to' the Administrator for any project for which such a report is required by Federal or State law, or for any project which the Administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects: 12-12-3: EXEMPT PROJECTS: An Eenvironmental limpact Rfeport shall not be required for the following projects: B. A phase of a project for which an Eenvironmental limpact Rfeport previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. 12-12-4: STUDIES AND DATA REQUIRED: A. Range Of Studies: The Eenvironmental limpact Rfeport shall be based on systematic studies conducted by the Town staff or by professional consultants, as determined by the 124 Administrator. The Eenvironmental Impact Rfeport on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an Eenvironmental Impact Rfeport includes the following natural systems and other studies: B. Summarization: The Eenvironmental Impact Rfeport shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by Town officials and the general public. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requirement of this Chapter, or of any other ordinance or Federal, State or Town regulation, also may be used to support an Eenvironmental Impact Rfeport. 12-12-5: REPORT CONTENTS: A. Information And Analysis: The Eenvironmental Impact Rfeport shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts. B. General Statement; Descriptive Materials: The 'Eenvironmental Impact Rfeport shall include a general statement, describing the proposed project and its purpose, identifying the owner and/or sponsors, and, if a public project, identifying the funding source and time schedule. Descriptive materials, maps, and plans shall be submitted showing the following information: C. Environmental Inventory: The Eenvironmental Impact Rfeport shall include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed project. The environmental inventory shall include maps, photographs, or other appropriate illustrative material. E. Analysis: The Eenvironmental Impact Rfeport shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects that will prevail during construction, and long-term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects which will result from the project. The analysis portion of the Eenvironmental Impact Rfeport shall fully assess the following items: 12-12-6: REPORT; ADDITIONAL MATERIAL: The Administrator may further prescribe the form and content of an Eenvironmental Impact Rfeport, setting forth in greater detail the factors to be considered and the manner in which the report 125 shall be prepared, and may require submission of information in addition to that required by Section 12-12-5 of this Chapter. 12-12-7: TIME SCHEDULE: The Eenvironmental Impact Rfeport required under this Chapter shall be prepared within thirty (30) days of the date that plans are submitted for design review as prescribed in Sections 12-12-4 through 12-12-6 of this Chapter, subject to extension of the time period to a maximum of ninety (90) days by the Planning and Environmental Commission. The time period may be extended to a maximum of one hundred eighty (180) days if seasonal conditions prevent a comprehensive analysis. 12-12-8: FEE: In the event that the Town engages professional consultants to prepare an Eenvironmental Impact Rfeport, the cost shall be paid by the sponsor of the project. The sponsor may be required to deposit a fixed sum in advance to cover the cost of the report, with the unexpended balance returnable to the sponsor. 12-12-9: SUBMISSION OF REPORT TO OFFICIALS: The Eenvironmental Impact Rfeport shall be submitted to the Administrator. The Administrator shall prescribe the number of copies to be submitted. The Administrator shall notify the Town Council, the Planning and Environmental Commission, and the Design Review Board of receipt. of an Eenvironmental Impact Rfeport, and shall transmit copies of the report upon request. Environmental Impact. Rfeports shall be available for public review in the offices of the Town. 12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION: B. Supplementary Data: The Commission may receive additional statements or supporting materials from.the sponsor of a project, from the Town staff, from professional consultants, or from others. Such additional materials may be considered as supplementary or amendatory to the Eenvironmental Impact Rfeport. 12-12-11: ACTION BY COMMISSION: A. Criteria For Decision: Following review of the Eenvironmental Impact Rfeport, the Planning and Environmental Commission shall approve, disapprove, or request changes in the project in writing. The Planning and Environmental Commission shall approve the project unless it finds that either the project will have significant long-term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or the project will have short-term adverse effects on the . environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the 126 adverse effects on the environment sufficiently to permit approval of the project, the Planning and Environmental Commission, in writing, shall describe those changes and request those changes be made. If the Planning and Environmental Commission determines that the changes are not feasible, it shall disapprove the project in writing, describing the adverse effects on .the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in Section 12-12-4 of this Chapter or to the public health, safety or welfare and the Planning and Environmental Commission's reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects. 12-12-12: PERMIT ISSUANCE: A. Conformance To Environmental Impact Report:' Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this Title and by other applicable ordinances or regulations of the Town. No permits shall be issued and no authorizations shall be granted which would allow a project to proceed in the event that the Planning and Environmental Commission does not grant approval of the Eenvironmental limpact Rreport after review. No permits shall be issued and no authorizations shall be granted for any project which.does not conform substantially to the description of the project contained in the Eenvironmental limpact Rreport. B. Exception: This Section shall not apply to a project for which an Eenvironmental limpact Rfeport is not required, as prescribed in Section 12-12-3 of this Chapter. CHAPTER 12-13: EMPLOYEE HOUSING: SECTION 12-13-3: GENERAL REQUIREMENTS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confusion among applicants, or they can be corrected, projecting a more professional look for the Code. RECOMMENDED AMENDMENTS 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, Reporting Requirements - Types 1, 11, /11, And V. 3. For an EHU which can be sold separately, the EHU must be occupied by the owner of the EHU as a permanent residence, except for Type 111 employee housing units, which may be occupied by any person meeting the employment requirements 127 contained herein. For the purpose of this Ssubsection, a "permanent residence" shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence from said home or place f"°'m, regardless of the duration of absence. In determining what is a permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. B. Deed Restriction, Occupancy Limitations, Reporting Requirements - Type IV. All Type IV employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Ttown manager and Ttown attorney. C. Development Standards: 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or. not), provided that no existing parking required by this code is reduced or eliminated. A type I EHU which has five hundred (500) square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The Ddesign Rfeview Bboard shall review such requests for separation. D. Application Requirements: 2. EHU applications requiring a conditional use permit are. subject to review and approval by the Pplanning and Eanvironmental Csommission as provided for in Cshapter 16 of this Ttitle. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Ddepartment of Coommunity Ddevelopment subject to a design review application. 5. Any existing legal nonconforming dwelling unit in the Ttown may be converted to an EHU - administratively by the Ttown without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the Ttown, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the building code requirements of the Ttown. Upon being converted to an EHU per this Saection, such dwelling units shall be considered legally conforming EHUs and shall be governed by all 128 requirements of this CGhapter. F. Written Management Plan For Type V1 Housing: For the purposes of this Ttitle, a type VI employee housing unit is an employee housing unit which shall be governed by a written management plan or other written program approved by the Pplanning and Eenvironmental CGommission. The management plan is the principal document in guiding the use of a type VI employee housing unit. The management plan shall be reviewed and approved by the Pplanning and Eenvironmental CGommission as part of the conditional use permit application for a type VI employee housing unit in accordance with the provisions of CGhapter 16 of this Ttitle. 1. Management Plan; Required Contents: e. Affidavit: No later than February 1 of each year, the owner of a type V1, employee housing unit shall submit two (2) copies of a sworn affidavit to be obtained from the Ddepartment of CGommunity Ddevelopment, to the Ddepartment of CGommunity Ddevelopment setting forth evidence establishing that the employee housing unit has been used in. compliance with the management plan. f. Other Items: Such other items as the Pplanning and Eenvironmental CGommission or the Aadministrator may deem necessary to the proposed management plan. g. Amendments: Amendments to an approved management plan shall be reviewed by. the Pplanning and Eenvironmental CGommission in accordance with this Ssection. CHAPTER 12-14: SUPPLEMENTAL REGULATIONS SECTION 12-14-1: APPLICABILITY: SECTION 12-14-10: APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: SECTION 12-14-11: APPLICATION AND INTERPRETATION OF LOT LINES: SECTION 12-14-12: HOME OCCUPATIONS: SECTION 12-14-13: REGULATIONS APPLICABLE TO PARTICULAR USES: SECTION 12-14-1.5: SIGN REGULATIONS: SECTION 12-14-16: PROPERTY OWNER MAINTENANCE RESPONSIBILITY: SECTION 12-14-17: SETBACK FROM WATERCOURSE: SECTION 12-14-18: BED AND BREAKFAST OPERATIONS: SECTION 12-14=19: SATELLITE DISH ANTENNAS: ISSUE There are numerous grammatical errors. OPTIONS These errors can remain, with confusion among applicants, or they can be corrected, projecting a more professional look for the Code. ISSUE The term zone district is improperly referred to as a district. 129 OPTIONS If no change occurs, applicants may be confused by the reference to zone districts and districts. The changes will alleviate any confusion and ambiguity. RECOMMENDED AMENDMENTS 12-14-1: APPLICABILITY..- The provisions of this Cshapter shall be effective in all zone districts or, where specified, in particular zone districts, and shall be in addition to the regulations prescribed for each zone district. 12-14-10: APPLICATION AND INTERPRETATION OF HEIGHT LIMITS: Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than twenty five percent (25%) of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shall be made by the Aadministrator. 12-14-11:. APPLICATION AND INTERPRETATION OF LOT LINES: Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the site, or by means of a private driveway, road, or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined from said front lot line tom. A portion of a lot or site less than twenty feet (20) in width providing access from a street to the principal portion of the site shall not be used in calculating permitted gross residential floor area on the site. 12-14-12: HOME OCCUPATIONS: A. Permit Required. The conduct of a home occupation, where permitted as an accessory use by the provisions of this Ttitle, shall be subject to issuance of a home occupation permit by the Aadministrator. Application shall be made on a form prescribed by the Aadministrator, and shall be accompanied.by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform h to the requirements of this Cshapter. B. Application Contents: An application for a home occupation permit shall be made upon a ' form provided by the 130 Aadministrator. The application shall be supported by documents, maps, plans, and other material as requested by the Aadministrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance, and title reports. C. Permit Issuance And Findings: After review of the application, the Aadministrator may issue a home occupation permit if he/she finds that the proposed use will conform W#h to the requirements of this Cshapter. The permit may be subject to such conditions as the Aadministrator. deems necessary to guarantee operation of the home occupation in accordance with the requirements of this Cshapter and compatibly with other uses in the vicinity. The Aadministrator shall deny the application if he/she finds that the proposed use will not conform with to the provisions of this Cshapter, or would be. injurious or detrimental to other properties in the vicinity. D. Permit Time Limit; Renewal. Home occupation permits, when issued, shall be for a limited time period not exceeding one year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Aadministrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit. 12-14-13: REGULATIONS. APPLICABLE TO PARTICULAR USES: The regulations set out in Ssection 12-14-14 of this Cehapter shall be applicable to the uses listed in that. Ssection in any zone district in which the use is a permitted use or a conditional use. .12-14-15. SIGN REGULATIONS: All signs shall be regulated in accordance with the provisions of Ttitle 11 of this Csode. The Ttown Csouncil may by ordinance provide for the administration and enforcement of the provisions of Ttitle 11 by the Aadministrator or other administrative official, and may provide for review and approval procedures pursuant to Ttitle 11 by the Ddesign Rreview Bboard established by this Ttitle. 12-14-16. PROPERTY . OWNER MAINTENANCE RESPONSIBILITY.• Property owners shall be responsible for improving the area from their property line to the edge of roadway, including necessary drainage. Improvement of the area shall be designed so as not to impede snow plowing or impair visibility at street intersections, which improvement shall be approved by the Ddepartment of Ppublic Wworks. 12-14-17: SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than 131 thirty feet (30) from the center of the established creek or stream channel as defined by the Ttown Ceomprehensive Pplan-base maps; provided, however, that the setback from Gore Creek shall be fifty feet (50). Natural creek or stream channels may not be rechanneled or changed. 12-14-18: BED AND BREAKFAST OPERATIONS: C. Compliance: It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the Pplanning and Eenvironmental Csommission after June 12, 1990, or to operate in violation of any of the provisions of this Csode. D. Discontinuance: Any bed and breakfast operation which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform with to the provisions of this Ttitle. E. Review Of Decision: The Ttown Csouncil, the applicant, adjacent property owner or the Ttown Mmanager, may appeal/call. up to the Ttown Csouncil for review any decision made by the Pplanning and Eenvironmental Csommission regarding a conditional use permit for bed and breakfast as per Ssection 12-3- 3 of this Ttitle. 12-14-19: SATELLITE DISH ANTENNAS: A. Purpose: The purposes of this Ssection is are as follows: 2. To protect and support the aesthetic concerns of the Ttown, a resort community which must remain aesthetically pleasing to visitors to remain economically viable. C. Application; Review: Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the Ttown shall submit an application to the Ddepartment of Csommunity Ddevelopment for review. The application shall set forth the following: 1. Completed Ddesign Rreview Bboard application form. 2. Site plan showing proposed location of the satellite dish antenna. 3. Description of the satellite dish antenna (i. e.; size, design, materials, etc). 4. Color sample (if applicable). 5. Landscape plan (if applicable). 6. An improvement location certificate and/or a preliminary title report. 7. Elevations, perspectives or renderings if deemed applicable by the staff of the Ddepartment of Csommunity Ddevelopment. Upon receipt of application, it shall. be reviewed by the Ddepartment of Csommuhity Ddevelopment. If the Ddepartment of Csommunity Ddevelopment determines that the requirements set forth herein have been met, they shall forward the application to the Ddesign Weview Bboard for consideration of whether or not the satellite dish antenna meets the requirements set forth herein 132 in Ssubsection 12-11-5H of this Ttitle. D. Compliance With Requirements, Variance: 1. Requirements: Satellite dish antennas shall comply with the following requirements: a. No more than one satellite dish antenna shall be allowed on any lot as delineated on the Official Zoning Map effiG ai to zoning -map. g. Issuance of a building permit from the Ddepartment of CGommunity Ddevelopment shall be required prior to the installation of any satellite dish antenna. h. Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of.any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in Ssubsection 12-3-6C of this Ttitle. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the Ddepartmerlt of CGommunity Ddevelopment by the applicant. i. Due to the special aesthetic importance of the core areas of the Ttown, exterior installations of satellite dish antennas in CGommercial CGores 1, 2, Lionshead Mmixed Uuse 1, and Lionshead Mmixed Uuse 2 zone Ddistricts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure. CHAPTER 12-15: GROSS RESIDENTIAL FLOOR AREA (GRFA): SECTION 12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT: ISSUE There are numerous capitalization errors. OPTIONS The errors can remain, but will make this chart look unprofessional. These words should be capitalized. Zone Districts GRFA Ratio GRFA CREDITS (Added to results of application of Percentage) HR 0.43 of site 5 10, 000 sq. ft., plus None Hillside 0.25 of site area > 10, 000 and 5 Rresidential 22, 000 sq. ft., plus 0.07 of site area > 22, 000 sp. ft. 133 SFR 0.40 of site area 10,000 sq. ft., None Single-Ffamily plus Rresidential 0.13 of site area > 10, 000 sq. ft. R 0.46 of site area 10,000 sq. ft., None Two-Ffamily plus Reesidential 0.38 of site area.> 10,000 and 15, 000 sq. ft., plus 0.13 of site area > 15, 000 and 30,000 sq. ft., plus 0.06 of site area > 30, 000 sq. ft. PS 0.46 of site area 10,000 sq. ft., . None Two-Ffamily plus Pprimary/ 0.38 of site area > 10,000 and &econdary 15, 000 sq. ft., plus Reesidential 0.13 of site area > 15, 000 and 30,000 sq. ft., plus 0.06 of site area > 30, 000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) RC 0.36 of buildable area None Residential Csluster LDMF 0.44 of buildable area None Low Ddensity Mmultiple- Ffamily MDMF 0.56 of buildable area None Medium Ddensity Mmultiple- Ffamily HDMF 0.76 of buildable area None High Ddensity Mmultiple- Ffamily H Per Pp/anning and None Housing Eenvironmenta/ Csommission approval PA 0.80 of buildable area None Public Aaccommodation CC1 0.80 of buildable area None Commercial Clore 1 CC2 0.80 of buildable area None Commercial Clore 2 134 CC3 0.30 of buildable area None Commercial Clore 3 CSC 0.40 of buildable area None Commercial : (GRFA shall not exceed 50% of Sservice Center the center total building floor area on any site) ABD 0.60 of buildable area None Arterial Bbusiness HS I None permitted I None Heavy Sservice LMU-1 2.5 of buildable area None Lionshead Mmixed Wse 1 LMU-2 2.5 of buildable area None Lionshead Mmixed U-use 2 A 2, 000 sq. ft. None Agricultural and Oepen Sspace OR None permitted None Outdoor Rfecreation P None permitted None Parking GU Per Pplanning and None General U44se Eenvironmental CGommission approval NAP None permitted None Natural Aarea Poreservation SBR Per Ttown Csouncil approval None Ski Bbase/Rfecreation SDD Per underlying zoning or per None Special development plan approval by Ddevelopment Ttown Csouncil Ddistricts SBR2 Per Pplanning and None Ski Eenvironmental Csommission Bbase/Rfecreation approval 2 SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: SECTION 12-15-4: INTERIOR CONVERSIONS: 135 ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. RECOMMENDED AMENDMENTS 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS: 12-15-3A: Within The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS), Districts: 1A: (4) Attic Areas With Nentrwss Non-truss System: Attic areas created by construction of a roof structure utilizing a ngntFUGs non-truss system, with spaces greater than five feet (5) in height, if all of the following criteria are met: (5) Attic Areas With Nentrss Non-truss System: Attic areas created by construction of a roof structure utilizing a mss non-truss system,. with spaces greater than five feet (5) in height, if all of the following criteria are met. 2. Additional Calculation Provisions: (2) If a roof structure is designed utilizing a nen#Fss non-truss system, and spaces greater than five feet (5) in height result, these areas shall not be counted as GRFA if all of the following criteria are met: 12-15-4: INTERIOR CONVERSIONS: 8. Applicability. Within all zone districts except the Single- Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential twelan4y residential (PS) Ddistricts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied. 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a Special Development District ; provided, that such GRFA complies with the standards outlined.herein. C. Standards: 3. Proposals for GRFA pursuant to this Saection may involve exterior modifications to existing buildings, however, such modifications shall not increase the building bulk and mass of the existing building. Examples of exterior modifications which are considered to increase building bulk and mass include, but are not limited to,, the expansion of any existing exterior walls of the building, regrading around a building in a manner which exposes more than two (2) vertical feet of existing exterior walls and the expansion of existing roofs. Notwithstanding the two (2) vertical 136 foot limitation to regrading around a building described above, additional regrading may be permitted in order to allow for egress from new interior spaces. The extent of such regrading shall be limited to providing adequate egress areas for windows or doors .as per the minimum necessary requirement for the adopted building code. Examples of exterior modifications which are not considered to increase building bulk and mass include, but are not limited to, the addition of windows, doors, skylights, and window wells. Subject to design approval, dormers may be considered an exterior modification in conjunction with interior conversions permitted by this Ssection. Prior to approval of proposed dormers or regrading for windows or doors as. described above, the staff or the Ddesign Rfeview Bboard shall find that. they do not add significantly to the bulk and mass of the building and are compatible with the overall scale, proportion, and design of the building. For the purpose of this Ssection, "dormers" are defined as a vertical window projecting from a sloping roof of a building, having vertical sides and a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. D. Process: Applications shall be made to the Ddepartment of CGommunity Ddevelopment staff on forms provided by the Ddepartment. Applications for interior conversions to single-family, two-family, primary/secondary or multi-family dwelling units located in a Sspecial Ddevelopment Ddistrict (SDD) pursuant to this Ssection shall also be allowed without amending the GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for the development 'shall be regulated according to the plat restrictions unless the plat is modified to remove such restrictions. If the property is owned in common (condominium association) or jointly with other property owners such as driveways, A/B . parcels or - C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The planning staff will review the application to ensure the proposed addition complies with all provisions of the interior conversion Ssection. Submittals shall include: 1. Application fees pursuant to the current fee schedule. .2. Information and plans as set forth and required by Ssubsection 12-11-4C of this Ttitle or as determined by the Ddepartment of CGommunity Ddevelopment staff. Applicants need to submit as built floor plans of the structure so that staff can identify the existing building from any new. additions that have occurred after the approval of this Cehapter. 3. Proposals deemed by the Ddepartment of CGommunity Ddevelopment staff to be in compliance with this Ssection and all applicable zoning and development regulations shall be approved by the Ddepartment of CGommunity Ddevelopment.or shall be 137 forwarded to the Ddesign Rreview Bboard in accordance with Cshapter 11 of this Ttitle. Proposals deemed to not comply with this Ssection or applicable zoning and development regulations shall be denied. 4. Upon receiving approvals pursuant to this Ssection, applicants shall proceed with securing a building permit prior to initiating construction of the project. 5. Any decisions of the Ddepartment of Csommunity Ddevelopment pursuant to this Ssection may be appealed by any applicant in accordance with the provisions of Ssection 12-3-3 of this Ttitle. SECTION 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): ISSUE In granting additional GRFA as regulated by the 250 Ordinance, there has been a lack of efficiency in the process due to the requirement for review by the Design Review Board in cases where the property is in compliance with all regulations but will have exterior alterations. In this case, there is generally little or no impact to the property itself and the surrounding properties. A review by the DRB has added a burden to the process for applicants even when no improvements are required. OPTIONS If no changes are made, the 250 Ordinance will continue to reside under an inefficient process. The purpose of the 250 Ordinance was to allow for a slight addition in GRFA while requiring improvements to the property In cases where compliance is determined, it would create a more efficient process for all review to be made by the Department of Community Development. 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): B. Applicability: The provisions of this Ssection shall apply to dwelling units in all zone districts except the Ssingle-Ffamily Rresidential (SFR), Ttwo-Ffamily Rresidential (R), and Ttwo- Ffamily Pprimary/Ssecondary Rresidential (PS) Ddistricts. C. Single-Family Dwellings And Two-Family Dwellings In Zone Districts Other Than The Single-Family Residential (SFR), Two-Family Residential (R), And Two-Family Primary/Secondary Residential (PS) Districts: A single-family or two-family dwelling unit shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred ffty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Before such additional GRFA can. be granted, the single-family or two-family dwelling unit shall meet the following criteria: 1. Eligible Time Frame: A single-family or two-family dwelling unit shall be eligible for additional GRFA, pursuant to this Ssection, if it 138 I is in existence prior to November 30, 1995, or a completed Ddesign Rreview Bboard application for the original construction of said unit has been accepted by the Ddepartment of Csommunity Ddevelopment by November 30, 1995. In addition, at least five (5) years must have passed from the date the single- family dwelling or two-family dwelling unit was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the dwelling at the time of completion, from the date of original completion and occupancy of the dwelling. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional gross residential floor area (GRFA) under. this provision shall comply with all Ttown zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be . approved by the Pplanning and Eenvironmental Csommission pursuant to Cshapter 17 of this Ttitle before an application is made in accordance with this Ssection. The applicant must obtain a building permit within one year of final Pplanning and Eenvironmental Csommission approval or the approval for additional GRFA shall be voided. D. Multi-Family Dwellings: Any dwelling unit in a multi-family structure that meets allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or allowable GRFA for the site. Any application of such additional GRFA must meet the following criteria: 1. Eligible Time Frame: A multiple-family dwelling unit shall be eligible for additional GRFA, pursuant to this Ssection, if it is in existence prior to November 30, 1995, or a completed Ddesign Rreview Bboard application for the original construction of said unit has been accepted by the Ddepartment of Csommunity Ddevelopment by November 30, 1995. In addition, at least five (5) years must have passed from the date the building was issued a certificate of occupancy (whether temporary or final) or, in the event a certificate of occupancy was not required for use of the building at the time of completion, from the date of original completion and occupancy of the building. 2. Use Of Additional Floor Space: Proposals for the utilization of the additional GRFA under this provision shall comply with all Ttown zoning requirements and applicable development standards. If a variance is required for a proposal, it shall be approved by the Pplanning and Eenvironmental Csommission pursuant to CGhapter 17 of this Ttitle before an application is made in accordance with this Ssection. The applicant must obtain a building permit within one year of final Pplanning and Eenvironmental Csommission approval or the approval for additional GRFA shall be voided. E. Procedure: 1. Application; Content: Application shall be made on forms provided by the Ddepartment of Ceommunity Ddevelopment. If the 139 property is owned in common (condominium association) or jointly with other property owners such as driveways or C parcels in duplex subdivisions, by way of example, and not limitation, the written approval of the other property owner, owners or applicable owners' association shall be required. This can be either in the form of a letter of approval or signature on the application. The application shall also include: a. A fee pursuant to the current schedule shall be required with the application. 'b. Information and plans as set forth and required by Ssubsection 12-11-4C of this Ttitle. c. Any other applicable information required by the. Ddepartment of Csommunity Ddevelopment to satisfy the criteria outlined in this. Ssection. 2. Hearing Set, Notice: Upon receipt of a completed application for additional GRFA, the Ddesign Rreview Bboard shall set a date for a hearing in accordance'with Ssubsection 12-11-4C2 of this Ttitle. The hearing shall be conducted in accordance with Ssubsections 12-11-4C2 and C3 of this Ttitle. s: fhat-ths ,Ie for- which-taw app#Gatief~-44 G."... 5:~ a WOWS,- e4erier-ef c & 34. Compliance Required. If the Ddepartment of Csommunity Ddevelopment staff determines that the site for which additional GRFA is applied for pursuant to this Ssection does not comply with minimum Ttown landscaping or site standards as provided herein, the applicant will be required to bring the site into compliance with such standards before any such temporary or permanent certificate of occupancy will be issued for the additional GRFA added to the site. Before any building permit is issued, the applicant shall submit appropriate plans and materials indicating how the site will be brought into compliance with said Ttown minimum standards, which plans and materials shall be reviewed by and approved by the Ddepartment of Csommunity Ddevelopment. 45. Building Permit: Upon receiving the necessary approvals pursuant to this Ssection, the applicant shall proceed with the securing of a building permit prior to beginning the. construction of additional GRFA. 140 CHAPTER 12-16: CONDITIONAL USE PERMITS: SECTION 12-16-2: APPLICATION; CONTENTS: SECTION 12-16-3: FEE: SECTION 12-16-4: HEARING: . SECTION 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: SECTION 12-16-6: CRITERIA; FINDINGS: SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. RECOMMENDED AMENDMENTS 12-16-2: APPLICATION, CONTENTS: G. A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing. Provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member; of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of. the individuals, their mailing addresses, and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant's applicants responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid. 12-16-3: FEE. The Tlown CGouncll shall set a conditional use permit fee schedule sufficient to cover the cost of Tlown staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. 12-16-4: HEARING: Upon receipt of a conditional use permit application, the Pplanning and Eenvironmental CGommission shall set a date for hearing in accordance with Saubsection 12-3-6C, "Nnotice" of this Ttitle, shall be given, and the hearing shall be conducted in accordance with Ssubsections 12-3-6C and D of this Ttitle. 141 12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION. A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the Pplanning and Eenvironmental CGommission shall act on the application. The CGommission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Ttitle, or the CGommission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement, regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances, prescription of standards for maintenance of buildings and grounds; and prescription of development schedules. 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated. Before acting on a conditional. use permit application, the Pplanning and Eenvironmental Csommission shall consider the following factors with respect to the proposed use:. 6. The Eenvironmental timpact Rreport concerning the proposed . use, if an Eenvironmental Ampact Rreport is required by Cshapter 12 of this Ttitle. B. Necessary Findings: The Pplanning and Eenvironmental CGommission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Ttitle and the purposes of the zone district in which the site is located. 12-16-7. USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by Ssection 12-16-6 of this Cshapter. A. Uses And Criteria: c. The number, size and location of vehicles permitted to be stored shall be determined by the Pplanning and Eenvironmental Csommission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses. 10. Home Child Daycare Facility. b. A state of Colorado license is required to operate a childcare home and a current copy of the license shall be kept on file in the 142 Ttown of Vail Csommunity Ddevelopment Ddepartment. d. The proposed coordinated mixed use development containing the single-family and/or two-family residential dwellings is consistent with the intent and objectives of the Lionshead Rfedevelopment Maaaster Pplan. CHAPTER 12-17: VARIANCES: SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. ISSUE The term "zone district" is improperly labeled as "district." OPTIONS If the error remains, applicants may be confused by the term. The proposed text amendments ensure that zone district is the universal term in the Code. RECOMMENDED AMENDMENTS 12-17-1: PURPOSE. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements pr with respect to the provisions of Cehapter 11 of this Ttitle, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this Ttitle is provided by Cshapter 16, "Conditional Use Permits" and by Ssection 12-3-7, "Amendment" of this Ttitle. 12-17-2: APPLICATION INFORMATION REQUIRED: Application for a variance shall be made upon a form provided by the Aadministrator. The application shall be supported by documents, maps, plans, and other material containing the following information: E. Such additional material as the Aadministrator may prescribe or the applicant may submit pertinent to the application 143 and to the findings prerequisite to the issuance of a variance as prescribed in Ssection 12-17-6 of this Cshapter. 12-17-3: FEE: The Ttown CGouncil shall set a variance fee schedule sufficient to cover the cost of Ttown staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable. 12-17=4: HEARING: Upon receipt of a variance application, the' Pplanning and Eenvironmental. Csommission shall set a date for hearing in accordance with Ssubsection 12-3-6B of this Ttitle. Notice shall be given, and the hearing shall be conducted in accordance with Ssubsections 12-3-6C and D of this Ttitle. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION. Within twenty (20) days of the closing of a public hearing on a variance application, the Pplanning and Eenvironmental CGommission shall act on the application. The Ceommission may approve the application as submitted or may approve the. application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this Ttitle, or the CGommission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the CGommission may prescribe. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated. Before acting on a variance application, the Pplanning and Eenvironmental CGommission shall consider the following factors with respect to the requested variance: B. Necessary Findings: The Pplanning and Eenvironmental CGommission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 3. That the variance is wan-anted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in -practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Ttitle. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. CHAPTER 12-18: NONCONFORMING SITES, USES, STRUCTURES AND SITE 144 IMPROVEMENTS: SECTION 12-18-3: SITES: SECTION 12-18-4: USES: SECTION 12-18-5: STRUCTURE AND SITE IMPROVEMENT: SECTION 12-18-7: DISCONTINUANCE: SECTION 12-18-8: CHANGE OF USE: SECTION 12-18-9: RESTORATION: ISSUE There are numerous grammatical errors throughout these Sections. OPTIONS The errors can remain, but looking at the sheer volume of errors, it is necessary to fix them. ISSUE The term "zone district" is improperly labeled as "district." OPTIONS If.the error remains, applicants may be confused by the term. The proposed text amendments ensure that zone district is the universal term in the Code. 145 RECOMMENDED AMENDMENTS 12-18-3: SITES: Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this Ttitle for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this Ttitle. No such site shall be further reduced in area or dimensions. 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this Ttitle for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. 12-18-5. STRUCTURE AND SITE IMPROVEMENT.- Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this Ttitle for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: 12-18-7. DISCONTINUANCE. Any nonconforming use which is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to WAh the provisions of this Ttitle. 12-18-8: CHANGE OF USE. A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Ttown Csouncil. Prior to granting such permission, the Csouncil shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use. 12-18-9: RESTORATION. Whenever a nonconforming use which does not conform with the regulations for the zone district in which it is located, or a nonconforming structure or site improvement which does not 146 conform with the requirements for 'setbacks; height, density control, building bulk control or site coverage is destroyed by fire or other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construction must conform to the applicable adopted building codes, fire codes and other relevant . codes regarding safety and construction which are in effect at the time rebuilding is proposed. CHAPTER 12-19: VESTED PROPERTY RIGHTS SECTION 12-19-2: DEFINITIONS: ISSUE . Special Development District should be capitalized. OPTIONS The error can remain, which would not alter content. However, the change is necessary to promote a professional looking Code. RECOMMENDED AMENDMENT 12-19-2. DEFINITIONS: . SITE SPECIFIC DEVELOPMENT PLAN. Shall mean and be limited to a final major or minor subdivision plat, or a Special Development District district development plan. CHAPTER 12-20: ANNEXED AREAS: SECTION 12-20-3: DESIGNATED ON ZONING MAP ISSUE .The term "zone district" is improperly labeled as "district." In addition, the "Zoning Map" should be called the "Official Zoning Map." OPTIONS If the error remains, applicants may be confused by the term. The ,proposed text amendments ensure that "zone district" and "Official Zoning Map" are the universal terms in the Code. RECOMMENDED AMENDMENT 12-20-3: DESIGNATED ON OFFICIAL ZONING MAP: The zone win districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of this Title. 147 CHAPTER 12-21: HAZARD REGULATIONS: SECTION 12-21-3: MASTER HAZARD PLANS: SECTION 12-21-10: DEVELOPMENT RESTRICTED: SECTION 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: SECTION 12-21-15: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain without issues arising, it is necessary to fix them in order to have a more professional Code. ISSUE The Primary/Secondary District is improperly labeled as Duplex. OPTIONS If left as is, applicants may be confused by the listing of a zone district that does not exist. The change to PS is necessary to relieve ambiguity. ISSUE The definition of slope contains procedures for calculation of slope, but there is no procedure listed in the Hazard Regulations. OPTIONS The procedure could remain in the definition, but this change has been proposed in this document. In order to clarify the process on how to determine a slope of 30% or greater, this Section requires this text amendment which outlines procedure for determining slope in hazardous areas. RECOMMENDED AMENDMENTS 12-21-3:.MASTER HAZARD PLANS The Town Manager shall formulate and develop Minaster Hhazard Pplans for the Town. Said Hhazard Pplans shall be based on engineering studies and shall indicate the.location of known flood plains, avalanche and geological hazard zones of influence, known red and blue avalanche and geological hazard areas, and forty percent (4091o) slope areas. In addition, the plans may show any other information or data deemed to be desirable by the Town Manager. Maximum citizen participation during the formulation of the Muster Hhazard Pplans as well as other phases of the information implementation of the hazard studies and regulations, shall be encouraged. The purpose of the Mmaster Hhazard Pplans is to identify and alleviate present and future problems created by the construction of improvements in the hazard areas within the Town by means of presenting in an orderly fashion the general data and information which are essential to the 148 understanding of the relationship between the hazards and improvements located within said areas. The Mmaster Hhazard Pplans may be altered from time to time to conform to v4th new information or existing conditions. 12-21-10. DEVELOPMENT RES77?ICTED: D. The Administrator may require any applicant or person desiring to build in an identified blue avalanche hazard zone to submit additional information or reports as to whether or not improvements are required to mitigate against the possible hazard. If mitigation is required, said information and report should specify the improvements proposed f~~, gre in the blue avalanche hazard zone. The required information and reports shall be done in accordance with Chapter 12 of this Title. 12-21-14: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: Slope is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope": In determination of "slope" as defined .herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (107 modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square feet grid portion of the tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single- Family Residential, Two-Family Residential or Two-Family Primary/Secondary Residential hftide , single fam resident zene Ddistrict where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): I. The Aadministrator may require an Eenvironmenta/ limpact Rreport as provided in Ssection 12-12-2 of this Ttitle. K. Setbacks, as they apply to this Cshapter, as required by Ssections 12-6A-6, 12-6B-6, 12-6C-6 and 12-6D-6 of this Ttitle, are amended as follows. there shall be no required front setback for garages, except as may be required by the Ddesign Rreview Bboard. Garages located in the front setback, as provided for in this Ssection, shall be limited to one story in. height (not to exceed 149 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the Ddesign Rreview Bboard. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the Ddesign Rreview Bboard when associated with a permitted garage as referenced in Ssubsection K of this Ssection. 12-21-15: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: B. Investigation: 2. The extent of the site-specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for. the investigation, however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to the following: a. For all structures other than single-family and two-family, dUM?N a. dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Code: b. For single-family and two-family, dupFsx S%1 p ' dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title, the site-specific geologic investigation shall certify to the following:. C. Development Plan Or Building Permit: Following the completion of the site-specific geological investigation and its review by the. Department of Community Development, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and two-family, dupls,,( a, p4mafylseGendary dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title. 2. For single-family and two-family, dupl,e'f and dwellings, and "accessory uses" thereto as defined in Section 12-6C-4 of this Title: F. Notice Requirements 4. All owners, lesser lessees or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year. 150 CHAPTER 12-22: VIEW CORRIDORS: SECTION 12-22-2: DEFINITIONS: SECTION 12-22-5: AMENDMENTS: SECTION 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: SECTION 12-22-7: NONCONFORMING STRUCTURES: ISSUE The definition of Structure is different in the View Corridors Chapter than the rest of the Zoning Regulations. This may confuse applicants who look at the wrong definition. OPTIONS Leaving the definition as is may cause confusion as to what is considered a structure in the view corridor. This text amendment will alleviate any confusion by pointing out that this definition is only applicable to this Chapter. ISSUE There are numerous grammatical errors. OPTIONS The mistakes can remain, which will not solve the problem of a grammatically incorrect Code. In order to alleviate confusion with grammar, correction of this Chapter should occur. RECOMMENDED AMENDMENTS 12-22-2. DEFINITIONS STRUCTURE. For the purposes of this Chapter, aAnything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or any similar object. 12-22-5: AMENDMENTS: An amendment of the regulations of this Cshapter, including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the Ttown CGouncil on its own motion, by the Pplanning and Eenvironmenta/ Csommission on its own motion, or by application of any resident or property owner in the Ttown, or by the Aadministrator or his/her designee. A. Application Information For Amendments: An application for the amendment of the provisions of this Cshapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Ddepartment of Csommunity Ddevelopment on a form to be prescribed by the Aadministrator. The application shall include the following information: C. Criteria For Amendments: The Town Council shall only 151 approve an amendment to this Chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail Land Use Plan, Town policies, and U-urban Ddesign Gguide Pplans and other adopted master plans, and meets all of the following criteria: 12-22-6: ENCROACHMENTS . INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the Town, or by the Administrator or his/her designee. C. Criteria For Encroachment. No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that , the encroachment meets all of the following criteria: 4. That the development proposed by the applicant complies with applicable elements of the Vail Land Use Plan, Town policies, Uirban Ddesign Gguide Pplans, and other adapted master plans. 12-22-7: NONCONFORMING STRUCTURES: D. Restoration: Whenever a nonconforming structure which does' not conform to with the provisions of this Chapter is destroyed by fire or other.calamity, by act of God, or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width, or mass, than the encroachment which existed prior to destruction. 152 TITLE 13: SUBDIVISION REGULATIONS, CHAPTER 13-2: DEFINITIONS SECTION 13-2-2: DEFINITIONS ISSUE There are grammatical errors in this Section. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. RECOMMENDED AMENDMENTS 13-2-2: DEFINITIONS: When used in this Ttitle, the following words and phrases shall have the specific meanings as defined in this Cshapter.• ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the Ttown Eengineer as per. the design standards (CGhapter 10 of this Ttitle). ADMINISTRATOR: The Aadministrator of the Ddepartment of Csommunity Ddevelopment or his/her designee. DEDICATION. A grant by the owner of a right to use land to the public in general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the Ttown. FINAL APPROVAL: Approval by the Pplanning and Eenvironmental Ceommission of the final plat or approval of the council if appealed. Planning and Eenvironmental Ceommission final approval does not take place until eleven (11) days after the Pplanning and Eenvironmental Ceommission decision on the final plat, if the CGouncii does not appeal. PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the Pplanning and Eenvironmental CGommission for approval. SUBDIVISION OR SUBDIVIDED LAND: C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the Ttown or law or-regulations of the state. F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the Ttown of Vail as a legally subdivided lot, and which shall contain single-family or primary/secondary 153 detached dwelling units. Each such dwelling unit shall be separated from any other dwelling unit by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. ISSUE There are many terms in the Subdivision Regulations that remain undefined. The lack of a definition causes confusion and ambiguity in the administration of these regulations. OPTIONS Without any changes, the Subdivision Regulations will lack clear definitions of terms, which may lead to challenges of the meaning of specific language in the Code. The proposed text amendments to the Definitions Chapter of the Subdivision Regulations provide codified definitions for currently undefined terms. This will create a more user friendly document for the public. RECOMMENDED AMENDMENTS 13-2-2: DEFINITIONS AS-BUILT PLAN: The final development plan that reflects the constructed subdivision. BIKE PATH: A corridor for use by bicycles and .pedestrians, prohibited for use by motorized vehicles. CULVERT. A ditch, drain or conduit, not incorporated in a . . closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure DRAINAGE: Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment, as further regulated by Chapter 12-12, Environmental Impact Reports. SOIL STABILITY ANALYSIS: A study conducted to determine the status of the soil on a property. ISSUE There are many definitions in other Chapters that are not also listed in this comprehensive Definitions Chapter of Title 13. OPTIONS We can keep separate Definitions Sections in various Chapters for terms that only apply 154 to those Chapters. The other option is to put the terms in the general Definitions Section as to provide a comprehensive listing of terms for this. Title. A comprehensive Definitions Section makes the Code more user-friendly and helps bnsure applicants are aware of all definitions. RECOMMENDED AMENDMENTS 13-2-2: DEFINITIONS: BUILDING CONNECTION. SEWER: A sewer within a public street or right of way, proposed to connect any parcel, lot, or part of a lot with a main line sewer. BUILDING SEWER: A sewer, wholly within private property, proposed to connect any building to a building connection. BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this Title for condominium units, CONDOMINIUM CONVERSION: The development or use of the land and existing structures as : a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or . more units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unit. CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity performing the work. In the case of work being performed under permit issued by the Town, the permittee shall be construed to be.the contractor. DAYS: Consecutive calendar days, unless otherwise specified. DECLARATION: An instrument recorded pursuant to the statutes of the State and which defines the character, 155 duration, rights, obligations, and. limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the 'Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. EMPLOYEE HOUSING UNIT. A dwelling unit occupied by at least one person who is an employee in Eagle County. INDIVIDUAL AIR SPACE. UNIT. Consists of any enclosed room or rooms occupying all or part of a floor or floors of a building of one or more floors to be used for residential, professional, commercial or industrial purposes, .which has access to a public street. INSPECTOR: An authorized representative of the Public Works Director, assigned to make any or all necessary inspections of materials furnished and work performed by the contractor. MODERATE INCOME: Shall be as defined from time to time by the Town Council. PLANS: The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Town Engineer or Building Official, which show the.location, character, dimensions, or details o the work. PRIVATE CONTRACT. Work subject to Town inspection, control, and approval, involving private funds, not administered by the Town. REFERENCE SPECIFICATIONS: Those bulletins, standards, rules, methods of analysis or tests, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. SERVICE CONNECTION: All or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. 156 SPECIAL PROVISIONS: Any written provisions which supplement or modify these specifications. SPECIFICATIONS: Standard specifications, reference specifications, special provisions, and specifications in supplemental agreements between the contractor and the Town. STANDARD PLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number. STORM SEWER: Any conduit and appurtenances intended for the reception and transfer of storm water. SUPERINTENDENT: The executive representative for the contractor present on the work at all times, authorized to receive and fulfill instructions from the Town Engineer and capable of superintending the work efficiently. SUPERVISION. Where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Town . in becoming a party to the contract. Except as. specifically stated herein, supervision by the Town shall not mean active and direct superintendence of details of the work. SURETY: Any individual, firm or corporation, bound with and for the contractor for the acceptable performance, execution, and completion of the work, and for the satisfaction of all obligations incurred. TOWN. The Town of Vail, County of Eagle, State of Colorado. UTILITY. Tracks, overhead or underground wires, pipe lines, conduits, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of . way or private easement. WORK: That which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor materials, supervision, tools and equipment. 157 ISSUE The term "primary/secondary" is contained in the Code numerous times, but in this case, it is used in the wrong context. OPTIONS If no change is made, the definition will remain confusing to applicants. The proposed text amendment will alleviate any confusion with regards to this definition. RECOMMENDED AMENDMENT 13-2-2: DEFINITIONS SUBDIVISION OR SUBDIVIDED LAND: F. Single-Family Subdivision: A. subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two- family detached dwelling vnits. Each such dwelling unit shall be separated from any other dwelling vng by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot. Staff Comment: The proposed text amendments are necessary to create a legally binding process for reviewing subdivisions. Criteria and Necessary _Findings are the foundation for subdivision review and need to be clearly spelled out to subdividers and the commissions who review them. CHAPTER 13-3: MAJOR SUBDIVISIONS SECTION 13-3-3: PRELIMINARY PLAN: SECTION 13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA SECTION 13-3-6: FINAL PLAT: SECTION 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE: ISSUE There are numerous grammatical errors. OPTIONS The errors can remain or a text amendment can easily fix these mistakes. ISSUE The. criteria for review of major subdivisions are very vague. There are no applicable necessary findings for PEC and Town Council to find when reviewing major subdivision applications. OPTIONS 158 Currently, staff uses necessary findings from other places in the Code as a template. Staff feels that necessary findings need to be written into this Chapter to give PEC and the Town Council a legally binding procedure. The criteria also need to be more detailed, as shown in the proposed amendment. RECOMMENDED AMENDMENTS 13-3-3: PRELIMINARY PLAN: . B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the Planning and Environmental Commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the Director of Public Works or the Administrator) to the Department of Community Development: 1. The Eenvironmental Impact Rreport required. 13-3-4: COMMISSION REVIEW OF APPLICATION, CRITERIA AND NECESSARY FINDINGS: The Planning and Environmental Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. The Planning and Environmental Commission shall consider the application, relevant additional materials, Staff report and recommendations as well as any other comments or public information given at the hearing. The Planning and Environmental Commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to. show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under Ssubsection 13-3- 3C above. The 4ann ^g cad En4enngental Gengn9ission shag c SU ss a.,rd -FeseiutielpE wid ether w4h the ss o , eggets on the aesthetiGs of Me Town. A. Before recommending approval, approval with conditions or disapproval of the Preliminary Plan, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivision: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail 159 Comprehensive Plan and is compatible with the development objectives of the town; and (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and (3) The extent to which the proposed subdivision presents a harmonious,. convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The extent of the effects on the future development of the surrounding area; and (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and (6) The extent to which the utility lines are sized to serve the planned -ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (9) Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-34A of this Title. .(2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to 160 adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves. and enhances its natural environment and its established character as a resort and residential community of the highest quality. 13-3-6: FINAL PLAT: B. Requirements And Procedure: 1. Copies Required: The subdivider shall submit eight (8) copies of the final plat, two (2) or more of which shall be mylars, twelve (12) copies of the final Eenvironmental Impact Rfeport and any additional material as required by Ssubsection B3 herein. The final plat shall substantially conform to the preliminary plan and shall include changes as required after consideration on a preliminary basis by the Planning and Environmental Commission. If it does not substantially conform to the preliminary plan and include any revisions required by Planning and Environmental Commission, it shall be required to go back through preliminary plan procedures. Within thirty (30) days of receiving the complete and correct submittal for a final plat, the Planning and Environmental Commission shall hold a public hearing to consider the. final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. 3. Final Plat And Supplementary Material; Contents: The final plat and supplementary material shall contain the following information: q. Additional material which shall accompany the final plat includes, but is not limited to: (1) Complete and final Eenvironmental Impact Rfeport if required by the Zoning Ordinance. 13-3-13: SITE IMPROVEMENT PERMIT ISSUANCE: After final approval and acceptance of dedications (or payment in lieu thereof), applicable site improvement permits may be issued by the Department of Community Development and the Department of Public Works. The developer may proceed with such additional requirements, permits or authorizations as may be required by this Title or regulations of the Town. No permits shall be granted or authorization to proceed in the event final approval is not granted or the provisions of Section 13-3-11 of this Chapter are not satisfied. No permits shall be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved Eenvironmental Impact Rfeport or the final plat and associated material as approved. 161 SECTION 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: ISSUE When applications for major subdivisions are approved by the Planning and Environmental Commission, the Town Council only has 10 days to appeal the PEC decision. The ten days were written into the Code because at the time, Town Council met weekly, so ten- days was enough time to appeal any decisions by PEC. However, now Town Council only meets twice a month, making ten days inadequate for appeals. OPTIONS One option would be to leave the time frame at ten days, which would continue to keep the Town Council from appealing PEC decisions. However, at the request of Town Council, staff request that ten days be changed to twenty days, an adequate amount of time to appeal. RECOMMENDED AMENDMENTS 13-3-10: TOWN COUNCIL RIGHT TO APPEAL: Within twenty (20) ten (IQ) days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may appeal the decision of the Planning and Environmental Commission within twenty (20) ten (1.0) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty,(30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and, the Council shall conduct the appeal at a regularly scheduled Council meeting. CHAPTER 13-4: MINOR SUBDIVISIONS SECTION 13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-4-2: PROCEDURE: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS While the errors can remain with, little issue, the need for a professional looking Code necessitates that changes be made. ISSUE The procedures for review of minor subdivisions reference the procedures for major subdivisions. OPTIONS 162 Leaving the cross reference as it is will not facilitate a user-friendly regulation for applicants. Rather than cross. referencing other Sections of the Code, it is necessary for each Section to spell out procedure for a legally binding process. In order to ensure that procedures cannot be challenged in court, we must have a solid regulatory tool in place. RECOMMENDED AMENDMENTS 13-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Minor subdivisions", as defined in Section 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an Eenvironmental Impact Rfeport if required by Title 12, Chapter 12 of this Code. 13-4-2: PROCEDURE. The procedure for a minor subdivision shall be as follows: A. Submission Of Proposal, Waiver Of Requirements: The subdivider shall submit two (2) copies of the proposal following the requirements for a final plat in Ssubsection 13-3-68 of this Title, with the provision that certain of these requirements may be waived by the Administrator and/or the Planning and Environmental Commission if determined not applicable to the project. B. PEC Public Hearing: The AdministFater- wig &GhedWe 4 nd €~n vii-onmenta 's hearing .defers the n, ~T-- Q? pfGpe#y -swne s ::.,4d pub& netiGe for- g as found in subseGti,Gn 13 3 691 of this Within thirty (30) days of receiving the complete and correct submittal for a minor subdivision, the Planning and Environmental Commission shall hold a public hearing to consider the final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the Town at least fifteen (15) days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven (7) days prior to the public hearing. C. Review And Action -On Plat. The Planning and Environmental Commission shall review the plat and associated materials and shall. approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider. The review shall be based on the criteria and necessary findings in Section 13-3-4 of this Title. 163 D. Appeal. An appeal of he-D1anni g and ;F enta Gengn7i&S1eR E ' '.c sfe&iGn by, presedurss as 3utlined4 99sUen--" ' 0 Gf th S r;fie Within twenty (20) days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may call up the decision of the Planning and Environmental Commission within twenty (20) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. CHAPTER 13-6: CONDOMINIUM AND TOWNHOUSE PLATS: SECTION 13-6-1: PLAT APPROVAL PROCEDURE: ISSUE The plat approval procedure in the Condominium and Townhouse Plats Chapter reference another Subsection rather than list submittal requirements. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. Generally, applicants come in and receive an individual Chapter rather than the whole Code. So, if all of the information is within the Chapter, there is no confusion. But, with all the referencing occurring, applicants may be confused or may not have all the necessary Chapters to get the whole picture of the development review process. References to Chapter 11 are not a problem, because they are pointing users to sample certificates to be included on the plat. OPTIONS As -is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that. occur with cross referencing in the Code. The best option is to place all. submittal requirements directly in this Chapter. This will not alter the content of . the requirements, but will outline them in the proper Section. RECOMMENDED AMENDMENTS 13-6-1: PLAT APPROVAL PROCEDURE: A. General Qualifications. Condominium and townhouse plats which do not constitute "conversions" from rental as defined in Section 13-7-2 of. this Title may be approved by the Administrator, subject to Department of Public Works review. The plat will be reviewed under two (2) general criteria: 164 1. Per Approved Plan: Administrator will check to make sure the buildings and other improvements were built as per approved plan by the Design Review Board of the Town for consistency with the Zoning Code and other applicable regulations. 2. Compliance: The Administrator Town Cngineer will review the survey data for compliance with requirements found in Ssubsection 13-6-1B of this Chapter. ; 2 2 of this . B. Plat Submittal Requirements: The condominium or townhouse plat and supplementary material shall contain the following: include a E. 1e cf aubsestien 2 ° , alos w4h the ~%`qnatum of the owner, Ae i ;r n.`id'btddSJ . seetiGns as n°Ge.av sory a i spaGgs a. ^S x4d if the rrtenf was b ut substang* the e ss . i plans. Also r-equked to be -subFn4ed-."C O re+~iew~-t~ ..cs for- a# Genqnqeq~y ?as.. , °S -nd-angk- 00ding dimensions must 19eshe to the nearest one tenth ef -a feet (Q. 19. A# prppef4e pins must be Agund _Gr- set and sWed a form provided by the AdfPk4stratG and shag inGlude a Ge4ffleate (as found in Ghapter- 11 of this Pie) on the plat for- A dministFater- appr-evak (1) The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36") and shall be at a scale of one hundred feet to one inch (100' to 1 or larger with margins of one and one- half to two inches (V/2" to 2'7 on the left and one-half inch (112') on all other sides. (2) Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. 165 (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (5)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was determined. (9) The proper plat title format for filing a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter' 11 of this Title as to the accuracy of- the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 381 Article 51. (11)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust 166 and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. (15) Floor plans, elevations and cross sections as necessary to accurately determine individual air spaces and/or other. ownerships and if the project was built substantially the same as the approved plans. (16) A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. .(17) Building locations must be included and tied to property corners with distances and angles. All property pins must be found or set and stated as such on map. CHAPTER 13-7: CONDOMINIUM AND CONDOMINIUM CONVERSIONS: SECTION 13-7-2: DEFINTIONS: SECTION 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: SECTION 13-7-7: CONDOMINIUM CONVERSION OF. LODGE OR ACCOMMODATION UNITS: ISSUE The definition of "Employee Housing Unit' references a Section in Title 12. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. OPTIONS A do nothing approach will result in more confusion for applicants looking to properly utilize the Code. This change will provide a more comprehensive definition for this term. ISSUE There are numerous grammatical errors in this Chapter. OPTIONS The errors can remain or a text amendment can easily fix these mistakes, making the Code more user-friendly. 167 RECOMMENDED AMENDMENT 13-7-2: DEFINTIONS EMPLOYEE HOUSING UNIT. shall -he de ed in aGC,_P'W_aP9_e 144th Ses#len 2 ' 2 9f thisGede-A dwelling unit occupied by at least one person who is an employee in Eagle County. 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion to employee housing units shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Ttown Bbuilding Oefficial on the condition of the building, listing all building code violations, fire code violations and related violations which are detrimental to the health, safety and welfare of the public, the owners, and the occupants of the building. B. Required Information: As part of the Pplanning and Eenvironmental Csommission's review of a conditional use permit request for conversion to employee housing units, the following submittal information shall be required: a report of the proposed conversion that includes a summary of the proposed ownership of the units, the approximate proposed sale price of units and financing arrangements to be provided by the applicant; a written statement demonstrating compliance with the objectives outlined in the Vail Lland Uese Pplan, with specific reference to goal statements 3.1, 3.2 and 3.3, a draft set of condominium declarations demonstrating compliance with the provisions of this Ttitle. These declarations will be reviewed again by the Ttown during the condominium platting process. C. Plans And Descriptions: Plans and descriptions showing how the following will be performed. 1. All site work shall be brought up to current Ttown standards unless a variance from those standards thereftm is granted to, the applicant by the Pplanning and Eenvironmental Csommission in accordance with the variance procedures of Ttitle 12 of this code. The Pplanning and Eenvironmental Csommission may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the B,building Oefficial. D. Maximum Sales Price: 1. Condominium Declarations: The provisions of this Ssubsection D shall be incorporated directly into the condominium declarations for any units converted pursuant to this Cshapter. The Ttown shall review and administer these documents to ensure compliance with these provisions. 2. Listing; Deposit, Sale: In the event that an owner desires to sell the unit, the owner shall execute a standard listing contract on 168 forms approved by the Colorado Weal Eestate Csommission with the Ttown providing for a one hundred eighty (180) day listing period, or such other time period as required by the Ttown of Vail affordable housing guidelines in effect at the time of listing. At this time, the owner shall deposit with the Ttown an amount equal to one-half percent (11291o) of the estimated value of the unit. The Ttown shall promptly advertise the unit for sale by competitive bid to qualified buyers. At the time of closing, the owner shall pay to the Ttown an additional one and one-half percent (1 112%). 3. Restriction: in no event shall a unit be sold for an amount ("maximum sales price") in excess of the owner's purchase price, plus an increase of three percent (3%) of such price per year from the date of purchase to the date of owner's notice of intent to sell (prorated at the rate of 0.25 percent for each whole month for any part of a year). Nothing herein shall be construed to constitute a representation or guarantee by the Ttown that on sale the. owner shall obtain the maximum sales price. 4. Determining Maximum Sales Price: c. In order to qualify as permitted capital improvements, the owner must furnish to the Ttown the following information with respect to the improvements which the owner seeks to include in the calculation of maximum sales price: (1) Original or duplicate receipts to verify the actual costs expended by the owner for the permitted capital improvements, (2) Owner's affidavit verifying that the receipts are valid and • correct receipts tendered at the time of purchase, and. (3) True and correct copies .of any building permit or certificate of occupancy required to be issued by the Ttown Bbuilding Ddepartment with respect to the permitted capital improvements. . d. For the purpose of determining the maximum sales price in . accordance with this Ssection, the owner may also add to the amount specified in Ssubsections D3 and D4a of this Ssection, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, or homeowners' association, provided that written certification is provided to the Ttown of both the applicable requirement and the information required by Ssubsections D4c(1) through D4c(3) of this Ssection. 5. Permitted Capital Improvements: a. The term "permitted capital improvements" as used in this Ssection shall only include the following: (1) Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative nendeserattve improvements to real property, excluding repair, replacement and/or maintenance improvements, c. All permitted capital improvement items and costs shall be approved by the Ttown staff prior to being added to the maximum resale price as defined herein. 6. Closing Costs, Other Consideration: Owner shall not permit any prospective buyer to assume any or all of the owner's customary 169 closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the owner to sell to such prospective buyer. 7. Procedure: In the event that one qualified bid is received equal to the maximum sales price herein established, the property shall be sold to such bidder at the maximum sales price; and in the event owner receives two (2) or more such bids equal to the maximum sales price, the qualified buyer shall be selected according to the priority for sale units set forth in the Ttown of Vail Eemployee Hhousing Gguidelines, and, in the event that all such qualified bidders are of equal priority pursuant to the guidelines, the qualified buyer shall be selected by lottery among the qualified buyers, whereupon the unit shall be sold to the winner of such lottery at the maximum sales price. If the lottery winner does not proceed to contract within five (5) business days after notification, the next in line will be notified and so on, until the unit is under contract for purchase. Backup contracts in the priority order set forth in the lottery will be accepted. Prospective purchasers must be prequalified by a lender prior to submitting a bid for a unit at the subject property/project. The seller may reject any and all bids, however, the owner is subject to the provisions in the Ttown of Vail employee housing guidelines pertaining to the listing fee. Bids in excess of the maximum sales price shall be rejected. If all bids are below maximum sales price, owner may accept the highest qualified bid. If all bids are below maximum sales price and two (2) or more bids are for the same price, the. qualified buyer shall be selected by lottery from among the highest qualified bidders. 8. Nonqualifed Transferee: In the event that title to the unit vests by descent in individuals and/or entities. who are not qualified buyers as that term is defined herein (hereinafter "nonqualified transferee(s) the unit shall immediately be listed for sale as provided in Ssubsection D3 of this Ssection (including the . payment of the specified fee to the Ttown), and the highest bid bit by a qualified buyer, for not less than ninety five percent (95%) of the maximum sales price or the appraised market value, whichever is less, shall be accepted, if all bids are below ninety five percent (95%) of the maximum sales price or the appraised market value, the unit shall continue to be listed for sale until a bid in accordance with this Ssection is made, which bid must be accepted. The cost . of the appraisal shall be paid by the nonqualified transferee(s). c. The Ttown, or their respective successors, as applicable, shall have the right and option to purchase the unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the Ttown by a nonqualified transferee(s), and in the event of exercising their right and option, shall purchase the unit from the. nonqualified transferee(s) for a price of ninety five percent (95%) of the maximum sales price, or the appraised market value, 'whichever is less. The offer to purchase shall be made by the nonqualified transferee(s) within fifteen (15) days of acquisition of the. unit. 170 E. Enforcement. 1. In the event that the Ttown has reasonable cause to believe the owner is violating the provisions of this Ssection, the Ttown, by its authorized representative, may inspect the unit between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday, after providing the owner with no less than twenty four (24) hours' written notice. 2. The Ttown, in the event a violation of this Cshapter is discovered, shall send a notice of violation to the owner detailing the nature of the violation and allowing the owner fifteen (15) days to cure. Said notice shall state that the owner may request a hearing before the Vail Ttown CGouncll within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the owner shall be considered in violation of this Ssection. If a hearing is held before the Vail Ttown Csouncil, the decision of the Ttown based on the record of such hearing shall be final for the purpose of determining if a violation has occurred. If the Ttown determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shall be found to be in noncompliance. Penalties the Ttown may assess against the owner include eliminating resale gain (see Ssubsection D3 of this Ssection), and/or penalties found in Ssection 1-4-1 of this Csode. 5. In the event that the owner fails to cure any breach, the Ttown may resort to any and all available legal action, .including, but not limited to, specific performance of the requirements of this Ssection or a mandatory injunction requiring sale of the unit by owner. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to the owner. 6. In. the event of a breach of any of the terms or conditions contained herein by the owner, his or her heirs, successors or assigns, the Ttown's initial listed purchase price of the unit as set forth in this Ssection shall, upon the date of such breach as determined by the Ttown, automatically cease to increase as set forth in this Ssection, and shall remain fixed until the date of cure of said breach. 13-7-7. 'CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. . No New Conversions Allowed, Exception: There shall not be permitted any conversion of a lodge or accommodation unit within the Ttown to a condominium, except as provided for the provision of employee housing units. Employee housing units created pursuant to this Cshapter are subject to the definitions, requirements and provisions of Ttitle. 12, Cshapters 13 and 16 of this Csode, as amended. 13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO FEBRUARY 7, 1995: A.. Compliance: Any accommodation unit within. the Ttown 171 which has been converted to a condominium or has received approval for a conversion prior to the effective date of February 7, 1995, shall comply with the requirements of this Ssection. The requirements contained in this Ssection shall not apply to structures or buildings which contain two (2) units or less. CHAPTER 13-8: DUPLEX SUBDIVISIONS: SECTION 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS: ISSUE The approval and submittal requirements in the Duplex Subdivisions Chapter reference another Subsection rather than list submittal requirements and_procedure. While referencing another area of the Code is a way to save space, it does not work for our system of information sharing. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements and procedure directly in this Chapter. This will not alter the content of the requirements, but will outline them in the proper Section. RECOMMENDED AMENDMENTS 13-8-1: APPROVAL AND SUBMITTAL REQUIREMENTS: B. Submittal Requirements: 2. Plat Submittal Requirements: The duplex subdivision plat shall.contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar):vith dimensions of twenty four inches by thirty six inches (24"'x 36'7 and shall be at a scale of one hundred feet to one inch (100' to 1'7 or larger with margins of one and one- half to two inches (1Y2" to 2'7 on the left and one-half inch (1/2') on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements,. structures, areas to be reserved .or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). 172 (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (5)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown.on the plat and a grant thereof to the public use, Areas reserved for future public acquisition shall also be shown on the plat. (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of.all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. (8)A statement by the land surveyor explaining how bearing base was determined. (9) The proper plat title format for filing a plat in the Town, as outlined in Section 13-91-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article 51. (11)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The. proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 1.1 of this Title. (13)Certificate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication 173 and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication, and ownership in addition to the fee simple owner thereof. . (14)A certificate by the Treasurer. of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. . (15) Declarations; Covenants: A copy of the declarations. and/or covenants attached to the subdivision to assure the maintenance of any common areas which are being created. C. Procedure: The-duple f . the pr-GGeGWM for- Gen ini-111M 'an-Lewnhouse plat-, as Upon receiving two (2) copies of a complete submittal along with payment of -the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review. The Administrator shall then conduct his/her review concurrently. The Town Engineer shall review the submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modifications. of the plat within fourteen (14) :days to the applicant. The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plan or failure to make other required modifications on the plat. SECTION 13-8-2. CRITERIA FOR REVIEW., ISSUE The criteria for review of a duplex subdivision are very vague and therefore, can be challenged in court. The Administrator needs to have criteria to evaluate a duplex subdivision, as well as necessary findings to make for each application. The title of the Section needs to be updated to reflect any changes. OPTIONS The option of leaving the criteria as they are could cause applications to be challenged in court, with weak criteria and no necessary findings clearly outlined in this Chapter. The other option is the recommended text amendments that will clearly outline basic criteria and necessary findings. These criteria and necessary findings are. the basic principles. necessary to evaluate a duplex subdivision. 174 RECOMMENDED AMENDMENTS 13-8-2: CRITERIA AND NECESSARY FINDINGS OR REVIEW Ae dupIS3f S ether as eGts-tea c;- as s -uu A. The following. criteria shall be used by the Administrator in evaluating the proposed subdivision. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. (1) Compliance with all requirements of Title 12, Zoning Regulations; and (2) Conformity to Design Review Board approved plans; and (3) Accurateness and integrity of the survey data found on the plat. B. Necessary Findings: The Administrator shall find that the Duplex Subdivision complies with the criteria in Subsection 13-8-2A of this Article and that the plat conforms with the requirements of 13-8-1B-2 of this Chapter. CHAPTER 13-9: SINGLE-FAMILY SUBDIVISIONS: SECTION 13-9-1: APPROVAL AND SUBMITTAL REQUIREMENTS: ISSUE The approval and submittal requirements in the Single-family Subdivisions Chapter reference another Subsection rather than list submittal requirements and procedure. While referencing another area of the Code is a way to save space, it is not an efficient way of sharing information with applicants. OPTIONS As is the case with all the issues, there is an option of doing nothing. This will not help to alleviate the problems that occur with cross referencing in the Code. The best option is to place all submittal requirements and procedure directly in this Chapter. This will not change the content of the Code, but rather shift information to the appropriate Chapters. RECOMMENDED AMENDMENTS J 175 13-9-1: Approval and Submittal Requirements: B. Submittal Requirements: 2. Plat Submittal Requirements: The subdivision plat shall contain the following: a. The final plat shall be drawn in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimensions of twenty four inches by thirty six inches (24" x 36'9 and shall be at a scale of one hundred feet to one inch (100' to 1'9 or larger with margins of one and one- half to two inches (1Y2" to 2'9 on the left and one-half inch (112') on all other sides. b. Accurate dimensions to the nearest one-hundredth (0.01) of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand (10,000). (3)North arrow and graphic scale. (4)A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. (5)An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. (6)A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. (7)A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado Statutes. Two (2) perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. 176 (8)A -statement by the land surveyor explaining how bearing base was determined. (9) The proper plat title format for riling a plat in the Town, as outlined in Section 13-11-1 of this Title. (10)A certificate by the registered land surveyor as outlined in Chapter 11 of this Title as to the accuracy of the survey and plat, and that the survey was performed by him/her in accordance with Colorado Revised Statutes Title 38, Article 51. (11)A certificate by an attorney admitted to practice in the State, or corporate title insurer, that the owner(s) of record dedicating to the public the public rights of way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See example in Chapter 11 of this Title.) (12)The proper form . for filing of the plat with the Eagle County Clerk and Recorder as per example in Chapter 11 of this Title. (13)Certiricate of dedication and ownership as per example in Chapter 11 of this Title. Should the certificate of dedication and ownership provide for a dedication of land or improvement to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required .to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. (14)A certificate by the Treasurer of Eagle County as outlined in Section 13-11-10 of this Title that will certify that the entire amount of taxes due and payable upon all parcels of real estate described on the plat are paid in full. 2. Declarations And Covenants: A copy of declarations and/or covenants relating to the subdivision which shall assure the maintenance of any common areas which may be created. The covenants shall run with the land and shall be in a form suitable for recordation with the Eagle County Clerk and Recorder. C. Procedure: be as fns f~;-i:: subscsti R - 13-6-;G of this Title WM the Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Administrator shall route one copy of the site map to the Town Engineer for his/her review. The Administrator shall then conduct his/her review concurrently. The Town Engineer shall review the 177 submittal and return comments and notifications to the Administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14) days to the applicant. The Administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due. to inconsistencies with the originally approved plan or failure to make other required modifications on the plat. CHAPTER 13-9: SINGLE-FAMILY SUBDIVISIONS: SECTION 13-9-3: CRITERIA FOR REVIEW: ISSUE The criteria for review of a single-family subdivision are very vague and therefore, can be challenged in court. The Administrator needs to have criteria to evaluate a single- family subdivision, as well as necessary findings to make for each application. The title of the Section also needs to be updated to reflect any changes. OPTIONS The option of leaving the criteria as they are could cause applications to be challenged in court, with weak. criteria and no. necessary findings clearly outlined in this Chapter. The other option is the recommended text amendments that will clearly outline basic criteria and necessary findings. These criteria and necessary findings are the basic principles necessary to evaluate a single-family subdivision.. RECOMMENDED AMENDMENTS 13-9-3: CRITERIA AND NECESSARY FINDINGS OR EWE=W: . ct ? 144th thR n a8s a.,4 inte of the supvey data en the plat. . 25,4999) § 2) A. The following criteria shall be used by the Administrator in evaluating the proposed subdivision. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision comply with each of the following standards, or demonstrate that one ar more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. (1) Compliance with all requirements of Title 12, Zoning Regulations; and (2) Conformity to approved plans; and (3) Accurateness and integrity of the survey data found on the plat. B. Necessary Findings: The Administrator shall find that the Duplex Subdivision complies with the criteria in Subsection 178 I13-8-2A of this Article and that the plat conforms with thel requirements of 13-8-1B-2 of this Chapter. J CHAPTER 13-10: CONSTRUCTION DESIGN STANDARDS, METHODS AND DETAILS SECTION 13-10-10: CONSTRUCTION MATERIALS: SECTION 13-10-11: CONSTRUCTION METHODS: SECTION 13-10-12: BIKE PATHS: ISSUE There are numerous grammatical errors and misuse of words. OPTIONS The errors can be left but will look unprofessional, so staff feels they should be changed. After consulting with project engineers for the Town, it has been determined that the word "unsuitable" can replace the term "uncompactable," which is not a word according to various planning and building dictionaries. While the term may have implied "unable to be compacted", staff feels that unsuitable provides a more general term to describe the material. RECOMMENDED AMENDMENTS 13-10-10: CONSTRUCTION MATERIALS: B. Concrete: 7. Strength Required. All concrete shall have a specified compressive strength of four thousand (4,000) psi and shall be determined by AC/ standard 318-71, Ssections 4.3.3 and 4.3.4. In non-frost flenfr-es t areas, lower fc' values may be used in conformity with local practice and performance. For design charts using lower fc' values, contact ACPA. 9. Slump: The mixture shall contain no more water than is necessary to produce concrete which is workable and plastic. The minimum slump necessary to place the concrete satisfactorily shall be used.. Slumps should be maintained so as not to exceed four and one-half inches (4 112") for non-vibrated nenated placement and three inches (3') for vibrated placement. 13-10-11: CONSTRUCTION METHODS: D. Adjusting Frames, Covers, And Valve Boxes: 2 Adjusting Frames c. Manhole frames shall not be finally set until the pavement adjacent thereto has been completed. The manholes shall be left or lowered sufficiently below grade so as not to interfere with or form an obstruction to the preparation of the sub-base subbase, base, and pavement. The manhole openings shall be temporarily covered by suitable means and the work constructed thereover. Due care shall be exercised to prevent foreign material from entering the manholes. After the pavement has been constructed, 179 the necessary portions of the sub-base subbase, base, and pavement shall be neatly cut away, the manholes built up, and the cover frames set to grade, following which any surrounding area from which the pavement base or sub-base subbase has been so removed shall be backfilled with concrete. 13-10-12: BIKE PATHS: A.. General: This item shall consist 'of the construction of bituminous or concrete bike paths in accordance with these specifications and the dimensions dimensien~s shown on the plans. C. Construction Methods; Concrete Bike Paths: 1. Excavation: Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm, even surface conforming to the section shown in Figure 3.617. When the Engineer determines that material is unsuitable unsen4pasfable1 the material shall be removed and replaced in accordance with Ssubsection 3-10-11 E of this Chapter. 180 CHAPTER 13-11: SAMPLE CERTIFICATES: SECTION 12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS: SECTION 13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP: SECTION 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER: SECTION 13-11-4: SURVEYOR'S CERTIFICATE: SECTION 13-11-5: TITLE CERTIFICATE: SECTION 13-11-6: CLERK AND RECORDER CERTIFICATE: SECTION 13-11-7: TOWN COUNCIL CERTIFICATE: SECTION 13-11-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: SECTION 13-11-9: ADMINISTRATOR CERTIFICATE: SECTION 13-11-10: CERTIFICATE OF TAXES PAID: SECTION 13-11-11: CERTIFICATE OF OWNERSHIP: (NEW SECTION) ISSUE The sample certificates in this Chapter use date templates for the 20th century, rather than the current 21St century. 2 .4 OPTIONS If the sample certificates are left as is, they will not be usable by applicants without being changed. The date on the sample certificates need to be updated to make it easier for the public to use the samples for their needs. Guiding text is also inserted to make the samples more user-friendly. ISSUE The sample certificates provided in this chapter of Title 13 do not give examples of Certificate of Ownership when there is no dedication of land to the public. OPTIONS If there is no sample certificate for this situation,. applicants will have to create on themselves. Section 13-11-11 serves as.a sample certificate for applicants in a situation of ownership without dedication, so that applicants do not have to augment samples on their own. RECOMMENDED AMENDMENTS 13-11-2: CERTIFICATE OF DEDICATION AND OWNERSHIP: CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of all that real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number here) acres, more or less. have by these presents laid out, platted and subdivided the same into (insert number here) lots and (insert number here) blocks as shown on this final plat under the name 181 and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements, and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever, and does hereby dedicate those portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. Executed this day of (insert date here), A.D. 4-920 Owner.• (If corporation) Corporation name Address by (signature) f (type individual's name) Title (If individual) (signature) (type name) Address State of (Insert State name) County of) cs (Insert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. 4920 _ by (insert name here). My commission expires: Witness my hand and seal. Notary Public Address: 13-11-3: CERTIFICATE OF DEDICATION FOR MORTGAGE 182 HOLDER OR DEED OF TRUST HOLDER: CERTIFICATION OF DEDICATION FOR. MORTGAGE HOLDER OR DEED OF TRUST HOLDER KNOW ALL MEN BY THESE PRESENTS that being the holder of a mortgage or deed of trust on the real property situated at (insert property location) in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number. here) acres, more or less, as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; agrees to the dedication and setting apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever, and does hereby agree to the dedication of these portions of said real property which are indicated as easement on the accompanying plat as easements for the purpose shown hereon; and does hereby agree to the granting of the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. a Executed this day of (insert date here), A.D. 4.920 Owner: (If corporation) Corporation name Address by (signature) (type individual's name) Title (If individual) (signature) (type name) Address State of (Insert State name) County of)-~(lnsert county name) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of (insert date here), A.D. 4920 _ by (insert name here). My commission expires: Witness my hand and seal. 183 Notary Public Address: 13-11-4: SURVEYOR'S CERTIFICATE: SURVEYOR'S CERTIFICATE (For all plats except condominium maps) I do hereby certify that I am a registered Land Surveyor licensed under the laws of the State of Colorado, that this plat is true, correct and complete as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof 1 have set my hand and seal this day of (insert date here), A.D., 4-920. (NAME) COLORADO LAND SURVEYOR NO. (For condominium maps) I do hereby certify that 1 am a registered Land Surveyor licensed under the laws of the State of Colorado,. that this condominium map is true, correct and complete as laid out, platted, dedicated and shown hereon, that such condominium map was made from an accurate survey of said property by me and under my supervision and correctly shows the horizontal and vertical location and dimensions of the condominiums, parcels, easements and streets of said condominium map as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness thereof I have set my hand and seal this day of (insert date here), A.D. 4.920 COLORADO LAND SURVEYOR NO. (Name) 184 13-11-5: TITLE CERTIFICATE: TITLE CERTIFICATE (Name of title company) does hereby certify that the title to all lands shown upon this plat have been examined and is vested in and that title to such lands is free and.clear of all liens and encumbrances, except as follows: (Insert text here) Dated this day of (insert date here), A.D. 4-920_ Title Company or Attorney's Name Address By (Signature) (printed name and title of officer or attorney) 13-11-6: CLERK AND RECORDER CERTIFICATE. CLERK AND RECORDER CERTIFICATE This plat was tiled for record in the office of the Clerk and Recorder on this. day of (insert date); A.D. 4-920, at (insert number) o'clock (insert A.M or P.M). Recorded under Reception No. (insert number) in Book (insert text) at Page (insert number). Clerk and Recorder Eagle County, Colorado By Deputy 13-11-7: TOWN COUNCIL CERTIFICATE. TOWN COUNCIL CERTIFICATE This plat approved by the Town Council of the Town of Vail, Colorado this day of (insert date here) A.D., 4-920_, for filing with the Clerk and Recorder of Eagle County, Colorado and for the conveyance to the Town of.Vail of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Vail for maintenance of roads dedicated to 185 the public until construction of improvements thereon shall have been completed in accordance with Town of Vail specifications, and the Town Council of the Town of Vail has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that soil conditions, subsurface geology, ground water conditions, or flooding conditions of any lot shown hereon are such that a building permit or any other required permit will be issued. This approval is with the understanding that all expenses involving all improvements required shall be the responsibility of the subdivider and not the Town of Vail. ATTEST.' Town Clerk Mayor Town of Vail, Town Council Colorado Town of Vail, Colorado 13-11-8: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE: PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE This final plat was approved by the Town of Vail Planning and Environmental Commission this day of (insert date here) , A.D. 4920. ATTEST.. Town Clerk Chairman Town of Town of Vail Planning and Vail, Environmental Commission Colorado 13-11-9: ADMINISTRATOR CERTIFICATE. ADMINISTRATOR CERTIFICATE This final plat is hereby. approved by the Town of Vail . Administrator this day of (insert date here), A.D. 4920 ATTEST.. 186 Town Clerk Administrator Town of Vail Town of Vail 13-11-10. CERTIFICATE OF TAXES PAID: CERTIFICATE OF TAXES PAID the undersigned, do hereby certify that the entire amount of taxes due and payable as of the day of , A.D. 20 upon all parcels of real estate described'on this plat are paid in full. Dated this day of (insert date here), A.D., 4920. Treasurer of Eagle County 13-11-11: CERTIFICATE OF OWNERSHIP. CERTIFICATION OF OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that being sole owner(s) in fee simple of all that real property situated in the Town of Vail, Eagle. County, Colorado, described as follows: containing (insert number) acres, more or less: have by these presents laid out, platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements. Executed this day of (insert date here), A.D. 4920 Owner. (If corporation) Corporation name Address by (signature) (type individual's name) Title (If individual) 187 (signature) (type name) Address State of (Insert State name) County of) ss (Insert county name) The foregoing Certificate of Ownership was acknowledged before me'this day of (insert date here), A.D. 20 by (insert name here). My commission expires: Witness my hand and seal. Notary Public Address: CHAPTER 13-12: EXEMPTION PLAT REVIEW PROCEDURES SECTION' 13-12-1: PURPOSE AND INTENT: SECTION 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: SECTION 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: SECTION 13-12-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIONS While the errors can remain, they should be amended to promote a professional looking Code. RECOMMENDED AMENDMENTS 13-12-1: PURPOSE AND INTENT: The purpose of this Cehapter is to establish criteria and an appropriate review process whereby the Pplanning and Eenvironmental Ceommission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of Cshapters 3 and 4 of this Ttitle. This process is intended to allow 188 for the platting of property where no additional parcels are created and conformance with applicable provisions of this CGode has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in Ssection 13-2-2 of this Ttitle, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an Eenvironmental limpact Weport if required by Ttitle 12, Cshapter 12 of this Csode. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an exemption plat review shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit two (2) copies of the proposal following the requirements for a final plat in Ssubsection 13-3-66 of this Ttitle, with the provision that certain of these requirements may be waived by the Aadministrator and/or the Pplanning and Eenvironmental Csommission if determined not applicable to the project. { B. Public Hearing: The Aadministrator will schedule a public hearing before the Pplanning and Eenvironmental Csommissioh and follow notification requirements for adjacent property owners and public notice for the hearing as found in Ssubsection 13-3- 6131 of this Ttitle. . C. Review And Action On Plat: The Pplanning and Eenvironmental Csommission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Pplanning and Eenvironmental Csommission and the applicant. The criteria for reviewing the plat shall be as contained in Ssection 13-3-4 of this Ttitle. D. Appeal: An appeal of the Pplanning and Eenvironmental Csommission's decision by the Ttown Csouncil, the applicant, or an "aggrieved or adversely affected person" shall follow the procedures outlined in Ssubsection 13-3-5C of this Ttitle. 13-12-4: FILING AND RECORDING: The Ddepartment of Csommunity Ddevelopment will record the plat and any related documents with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the Ttown with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Ddepartment of Csommunity Ddevelopment will retain one mylar copy of the plat for their records. An exemption plat may not be 189 L recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-5C of this Ttitle. CHAPTER 13-13: ADMINISTRATIVE PLAT CORRECTION PROCEDURES: SECTION 13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: SECTION 13-13-4: FILING AND RECORDING: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain, they should be changed to promote a more professional looking' Code. RECOMMENDED AMENDMENTS 13-13-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Plat Procedure: Upon receiving two (2) copies of a complete submittal along with payment of the appropriate fee, the Aadministrator shall route one copy of the proposed plat to the Ttown Eengineer for his/her review. The Aadministrator shall then conduct his/her review concurrently. The Ttown Eengineer shall review the submittal and return comments and notifications to the administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen (14) days to the applicant. The Aadministrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plat or failure to make other required modifications on the plat. Plat format and content shall be as outlined under Ssection 13-3-6 of this Ttitle. Correction plats must contain the following statement: The sole purpose of this plat is to correct an error (or amend a plat note or an easement) filed with an approved plat. This. plat correction does not alter the character, intent or development standards imposed under previous plat approvals. B. Criteria For Review: A plat correction or minor plat .amendment may be approved upon the findings that: 1. The plat correction is in accordance with all applicable Ttown ordinances, standards, and the original conditions of plat approval; 13-13-4: FILING AND RECORDING: The Ddepartment of Csommunity Ddevelopment will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the town with a certification from the Eagle County treasurer's office 190 indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The department of community development will retain one mylar copy of the plat for their records. A correction plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of Ssubsection 13-3-5C of this Ttitle. i 191 TITLE 14: DEVELOPMENT STANDARDS HANDBOOK: CHAPTER 14-1: DEVELOPMENT STANDARDS: SECTION 14-1-1: PURPOSE AND INTENT: SECTION 14-1-2: APPLICABILITY: SECTION 14-1-3: ADMINISTRATION: SECTION 14-1-4: NONCONFORMITIES: SECTION 14-1-5: VARIANCES: SECTION 14-1-6: APPEALS: SECTION 14-1-7: ADOPTION: ISSUE There are numerous grammatical errors. OPTIONS While the errors may remain, they should be changed to promote a more professional looking Code. RECOMMENDED AMENDMENTS 14-1-1: PURPOSE AND INTENT: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the Ttown for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The Ddevelopment Sstandards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Ttown. 14-1-2: APPLICABILITY: Unless specifically exempted, the provisions of this Ttitle shall supplement any and all existing laws and shall apply to all persons, without restriction, and to conditions arising after the adoption thereof, to conditions not legally in existence at the time. of adoption of this Ttitle, and to conditions which, in the opinion of the fire chief, the Bbuilding Oefl:Icial, or the Ttown Eengineer, constitute a distinct hazard to life or property. The Ddevelopment Sstandards shall apply to new development, as well as to modifications and additions to existing developments,. unless specifically exempted herein. 14-1-3: ADMINISTRATION: The Ttown Mfnanager, or Ttown Mfnanager's designee, is authorized to make and enforce the rules and regulations contained herein in order to carry out the intent of the Ddevelopment Sstandards. These rules, regulations and standards shall be initially adopted by ordinance by the Vail Ttown 192 Csouncil and shall exist as a supplement to this Csode as a "handbook" of Ddevelopment Sstandards. Any amendments to the Ddevelopment Sstandards shall require adoption by Ttown Csouncil prior to their enforcement. A copy of the approved Ddevelopment Sstandards shall be filed with the Ttown Cslerk's office. Where no specific or applicable rules, regulations, or standards appear to be set forth in this Csode, other rules, regulations, standards, guidelines, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, may be used by the Ttown for guidance. 14-1-4: NONCONFORMITIES: Nonconforming sites and site improvements lawfully established prior to the effective date of adoption of the ilkdevelopment Sstandards may continue., subject to the limitations prescribed by Ttitle . 12, Cshapter 18 of this Csode. To encourage redevelopment, there shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the Ddevelopment Sstandards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the Ddevelopment Sstandards. However, a reasonable attempt shall be made to adhere as closely as possible to the Ddevelopment Sstandards when paving existing driveways. A structure, which is substantially demolished or reconstructed, as defined by "demo/rebuild" in the Zzoning Regulationssede, shall be required to adhere to the Ddevelopment Sstandards. 14-1-5: VARIANCES: Variances to the Ddevelopment Sstandards may be allowed when practical difficulties and . unnecessary physical hardships inconsistent with the purpose and intent of the Ddevelopment Sstandards exist. Variances from the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter 17 of this Csode. The issuance of a variance shall not compromise the safety of a site or structure. 14-1-6: APPEALS: Appeals from decisions made concerning . the Ddevelopment Sstandards shall be in accordance with Ttitle 12, Cshapter.3 of this Csode. 14-1-7: ADOPTION: "Town of Vail Development Standards Handbook", was adopted by Ttown Csouncil on September 21, 1999, as amended. 193 CHAPTER 14-2: DEFINITIONS: CHAPTER 14-2: DEFINITIONS ISSUE There are many terms in Title 14 that are not defined in Chapter 14-2: Definitions, creating an incomplete listing of terms. OPTIONS If these terms are not defined, there may be ambiguity as to the meaning of certain regulations within Title 14. These proposed text amendments to the Definitions Chapter of the Development Standards Handbook provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity. in the administration of this Title. Text amendments that provide definitions to terms used in the regulations create a more user friend document for the public. RECOMMENDED AMENDMENTS The following text in bold is to be added to Chapter 14-2: 14-2: DEFINITIONS 7 100 year flood plain: The area adjoining a river, stream, or watercourse covered by water in the event of a flood, having a one percent chance of being equaled or exceeded in magnitude in any given year. Drainage: Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development. Fenestration: The design and placement of windows in a building. Guard rails: A rail placed on the edge of a roadway, on bridges, driveways, etc., as a safeguard against vehicular egress of said roadway. Heated drives: Driveways which have subterranean heat- producing mechanisms to aid in melting snow and ice. Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive radio waves. Topographic survey. A study conducted that produces a map of a lot or lots showing elevation from some fixed reference point. . Valet parking: A service provided with or without a fee where vehicle is dropped at a designated location and an employee 194 drives said vehicle to a parking space. Wetlands: As determined by the Army Corps of Engineers or qualified environmental consultant, an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to. support, and that under normal circumstances does support, a prevalence of vegetation adapted for life in saturated soil conditions. CHAPTER 14-6: GRADING STANDARDS: CHAPTER 14-6: GRADING STANDARDS: ISSUE Table 7 is very confusing and ambiguous. OPTIONS Without changing the table, there will continue to be confusion over this extremely important issue. Staff and numerous applicants feel that table 7 is confusing and misleading of our regulations. With text paragraphs, the Code will become clearer and the difficult issue of retaining walls can be properly regulated and followed. RECOMMENDED AMENDMENTS Delete Table 7, Insert text in bold Retaining Walls (General) All retaining walls are reviewed by the Design Review Board or the Administrator Town Sta to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed a height of six (6) feet. Within a front setback, retaining walls shall not exceed a height of three (3) feet, unless related to access to a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of- way are exempt from these height limits. Retaining walls shall be located a minimum of two (2) feet from adjacent property boundary and ten (10) feet from the edge of a public street. All retaining walls over four (4) feet in height shall require a P.E. Stamp except in the right-of-way, where retaining walls over three (3) feet in height shall require a P.E. Stamp. Table 7. Retaining Wa Le e I Ma.,:.,,um 4e:gh+ AddWenal XE Vamp Gr Appr-G al wed Regular- Wa 04! Staff Review e A~e figeta# -1g} s I DRB 195 4'--~ Staff Q91 I -Yes 42-er ,z e-li#exense Staff -,°e2 ew eF -Yes 6fe~E~9ese61 h e ioh DR9 iglu-ef-Way 9-X Stan w ex Ale DR9 Staff Review e ayes ' 4L4. Staff Review 9 )(,as lE 94 ^A' Review 9 -Yes and {fe:, asyaGent exty DR-9 lines PEG D- X Staff Review e No On &Ippes gFeater- than ° I X-~ Stan-Review er -Yes and Boulder Retaining Walls Boulder retaining walls shall comply with ngr, eer all the standards of retaining walls (general). The height listed for retaining walls is the. exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than 1:1, a P. E. stamp is required. Combination Retaining Walls A retaining wall should be considered a aGombination walls axe detenw.ined if the. upper wall falls within a prism defined as starting 1' behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four (4) feet.. All combination retaining walls shall have a P.E. Stamp. ISSUE While there are general requirements for construction fences, there are no specific codified guidelines for the type of construction fence that Public Works requires in Vail Village and Lionshead, as defined by the respective master plans. OPTIONS Without any action, Public Works will still require .specific fencing regulations in Vail Village and Lionshead, but will not have their requirements codified. This could create a problem with construction properties challenging the requirement. The other option is to codify the requirements, which will clear up any confusion among applicants with regards to fencing during construction. 196 RECOMMENDED CHANGES Construction Fence All areas to be protected shall have a non-removable construction fence or other approved device placed around the areas to be protected. Within the Vail Village and Lionshead core areas, as defined by the Vail Village Master Plan and Lionshead Redevelopment Master Plan, construction fence shall be six (6) to eight (8) feet in height and constructed out of plywood (painted green) or chain link fence with green mesh windscreens. Decorative construction fences may be allowed a the discretion of the Design Review Board. CHAPTER 14-10: DESIGN REVIEW STANDARDS AND GUIDELINES: ARTICLE 14-10C: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: ISSUE w This Article outlines how far porches, steps, decks, etc can protrude into the required setbacks. In some cases, however, there is a hardship such as steep grades or adjacent wetlands that requires an applicant to pursue a means of egress that intrudes even further into the setbacks. OPTIONS The option of doing nothing would continue to raise problems for applicants who need to put stairs further into the setback than allowed. In that case, the applicant would have to apply for a setback variance, causing the process to take much longer. If the Administrator feels that the applicant does not have any choice in putting stairs further into a setback, this clarification can help move the process along faster and more efficiently. RECOMMENDED AMENDMENTS 14-10C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: Z Porches, steps, decks or terraces or similar features located at ground level or within five feet (57 of ground level may project not more than ten feet (107 nor more than one-half ('/,J the minimum required dimension into a required setback area, or may project not more than five feet (5) .nor more than one- fourth ('/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the . degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the Administrator. 197 ARTICLE 14-10E. DUPLEX AND PRIMARY/SECONDARY DEVELOPMENT: ISSUE While the requirements for architecturally integrated structures with unified site development as well as the ability to separate the garage when site constraints exist only apply currently to duplex and primary/secondary development within the Code, these standards are regularly applied to all residential development. It is important to update the Code to reflect the standards we apply to all residential development in Vail. OPTIONS If there is no change made to the Code, applicants will challenge the requirement of architectural integration in residential development such as multiple family. It is of great importance that this requirement holds for all residential development or the Town of Vail could start to see multiple family developments with various opposing design features. Also, it is necessary to allow for the separation of garages when site constraints exist in all residential development. Residential dwelling units of all types deserve the right to a garage, even with site constraints. RECOMMENDED AMENDMENTS 14-10. Design Review Standards and Guidelines. E. Dwg f a4d P SeGGndayf Residential Development: 1. The purpose of this Section is to ensure that duplex snd p ' residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in Ssubsection 2 below, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. 2. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the Design Review Board. Significant site constraints shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties . in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the Design Review 198 Board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). 3. -Ths 46#sx a.-4d p4maF)40GGPda Residential development may be designed to accommodate the development of dwelling units and garages in more than one structure if the Design Review Board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the Design Review Board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. 0 199 CHAPTER 14-10: DESIGN REVIEW STANDARDS AND GUIDELINES: ARTICLE 14-10 F: OUTDOOR LIGHTING: ISSUE As per comments made by applicants in the past, the use of the word frequency, while grammatically correct, confuses applicants because frequency is also a term to measure sound and light waves. OPTIONS No change will continue to confuse applicants. To clarify, staff feels the word "quantity" is a simpler term that will ease any uncertainty. ISSUE The Vail Town Code is improperly referenced. OPTIONS While the current text will not affect applicants, the text can be legally challenged. The- change to Vail Town Code, the legally acceptable name of the Code, needs to occur for. a legally binding document. ISSUE Section 18.04.137 is referenced, but this Section changed when the Vail Town Code was recodified. OPTIONS If the current verbiage is left as is, the reference to the definition will not be correct. The change to "Section 18...." needs to occur to clarify the referred. Section, since changed to Chapter_ 14-2 after recodification of the Code. RECOMMENDED AMENDMENTS F. Outdoor Lighting: 9. Frequensy Quantity: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Vail Town Code Tbimp of 14a#;9 MuniGipal . Light sources which are no more than eighteen inches above grade, as measured from the top of the fixture to the finish grade below, and are either full-cutoff fixtures, as defined in Chapter 9472 Section 19:84-937, or have a maximum source lumens of 400 (equivalent to a 40 watt light bulb), may be allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design Review. 200 TO: Town Council FROM: Community Development Department DATE: December 20, 2005 SUBJECT: A work session to discuss a proposed text amendment to Section 5-3-2, Definitions, Vail Town Code, to allow for the use of cook stoves which utilize the burning of wood for the smoking or cooking of food in licensed retail food establishments in the-Town of Vail, and setting forth details in regard thereto. 1. PURPOSE The Town of Vail is proposing a text amendment to Section 5-3-2, Definitions, Vail Town code for the use of wood burning cook stoves for cooking and/or smoking of food in licensed retail food establishments in the Town of Vail. II. BACKGROUND Approximately 18 years ago, the Red Lion Bar and Restaurant installed a wood burning BBQ smoking/cook stove device in the kitchen in accordance with fire and building requirements. The Red Lion cook stove is the only wood burning .cook stove device known in the Town of Vail, installed prior to the passage of the Air Pollution Control regulation in 1991. The Red Lion cook stove uses less than 2000 pounds of wood per year and has not been the source of any air quality or odor complaints of record. Wood burning cook stove regulations in other Colorado iurisdictions: Eagle County: Eagle County exempts wood burning cook stoves in licensed food establishments as defined in the Eagle County Land Use Regulations. Boulder County: Boulder County follows the State of Colorado Air Quality Rules which limits emissions and exempts wood burning devices that use less than two (2) tons (4000 lbs.) of wood per year, per device. Boulder County Air Quality Division evaluates wood burning cook stoves every five (5) years to confirm compliance with the two (2) ton burning limit and compliance with particulate matter requirements. City of Boulder: The City of Boulder Building Department regulations consider a wood cook stove or smoker as simply a solid fuel burning device. Since a cook stove or smoker is not used for heating.it is not regulated by the building code, other than an appliance that must be installed according to the mechanical code and fire department regulations. City of Boulder does not have an air quality standard for cook stoves. City of Aspen: Aspen air quality regulations prohibit solid fuel burning devices in any building unless it is an EPA or State of Colorado certified device. Aspen also limits certified solid fuel burning devices to no more than two (2) per single building. III. DISCUSSION Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a' solid fuel burning device as follows: SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non-liquid or non-gaseous fuel. The applicants propose to add the following language to the above definition shown in bold type: Solid fuel burning device does not include cook stoves in licensed retail food establishments in the Town of Vail. IV. STAFF RECOMMENDATION The intent of the Town of Vail Air Pollution Control regulation was to improve the air quality of the town by eliminating wood burn fire places in lodges and residences. After the passage of the air pollution control regulations in 1991, literally thousands of wood burning fire places were converted to gas burning units, resulting in remarkable improvements to the air quality in the Town of Vail. The installation of a limited number of wood burning cook stoves in licensed food establishments will not degrade the air quality in the Town of Vail. The installation and operation of all such wood burning cook stoves will remain subject to all applicable Town of Vail Building and Planning requirements, including, but not limited to, mechanical permits. The Community Development Department recommends that the Vail Town Council approve the requested text amendment. V. ATTACHMENTS A. Letter from the applicants Attachment A November 2, 2005 Moe's Original BBQ P.O. Box 2512 Vail, CO 81658 Bill Carlson Environmental Health Specialist Town of Vail Dear Bill, Moe's Original BBQ would like to ask for your consideration in granting a variance on Code 5-3-2. This code bans any wood burning device in the Town of Vail. We would like the code to exclude cookstoves in Licensed Retail Food establishments in the Town of Vail. This is our fourth year in the Vail Valley. We have established a superb reputation here, and have become a staple in Lionshead Village. We have worked hard to achieve this and hate the possibility of leaving the Town of Vail. The BBQ business is our livelihood and we have found the Southern Pride Cookstove to be the most efficient, environmentally friendly means of achieving our finished product. We understand and respect the laws and codes of the Town of Vail. Please consider the variance as it is our only opportunity to remain a retail food establishment in the Town of Vail. Thanks, B ert, Owner Jeff Kennedy, Owner Mike Fernandez, wner ORDINANCE NO. 32 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 5-3-2, PUBLIC HEALTH AND SAFETY, VAIL TOWN CODE, AND SETTING FOR DETAILS IN REGARD THERETO. WHEREAS, the air pollution regulations of Section 5-3-2, definitions, Vail Town Code, defines a solid fuel burning device as: Any fireplace, stove, firebox or device intended and/or used for the purpose of burning mod, plug, paper or other non-liquid or non-gaseous fuel, and, WHEREAS, the definition of a solid fuel burning device prevents licensed retail food establishments from installing wood burning cook stoves and/or food smoking devices unless the device is certified by the EPA and by the Air Pollution Control Division of the. Colorado Department of Public Health and Environment to produce seven and five-tenths (7.5) grams of particulates per hour or less; and, WHEREAS, no wood burning cook stove manufacturer has an EPA and/or Colorado Department of Public Health and Environment certified device causing a conflict for licensed Town of Vail retail food establishments desiring to smoke food products on site; arid, WHEREAS, said conflict creates difficulties and undue hardships for Vail food establishments who rely on smoking food as part of their food.processing operations and retail food sales; and, WHEREAS, other Colorado jurisdictions either exempt wood burning cookstoves in licensed food establishments or simply do not regulate cook stoves or smokers other than an appliance that must be installed according to the mechanical code and ire department regulations; and, WHEREAS, a licensed Town of Vail retail food establishment installed a wood burning BBQ smoking device approximately 18 years ago prior to the passage of the air pollution regulation which has not been the source of any air quality or odor complaints of record; and WHEREAS, the Town of Vail environmental health department finds that the installation of cook stoves and/or smoking devices in a portion of Vail food establishments will not adversely effect the air quality, health, safety and general welfare of the Town; and Ordinance No. 32, Series of 2005 WHEREAS, the Vail Town Council finds that a text amendment exempting cook stoves from the Town Code definition of a solid fuel burning device promotes the success of food establishments without compromising air quality in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel burning device as follows: SOLID FUEL BURNING DEVICE. Any fireplace, stove, firebox or device intended and or use for the purpose of burning wood, pulp, paper, or other non-liquid or nongaseous fuel. The applicants propose to add the following language to this definition (added language is shown in bold type): Solid fuel burning device does not include cook stoves in licensed retail food establishments in the Town of Vail. Section 4. 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 hereof, regardless of the fact that anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper in order for licensed retail food establishments who rely on wood burning cook stoves and/or smokers as a critical component of their food preparation and cooking process. Section 6. The amendment of any provision of the Town Code as provided in this Ordinance No. 32, Series of 2005 2 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 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2005, and a public hearing for second reading of this Ordinance set for the 3' day of January 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 32, Series of 2005 3 ORDINANCE NO. 27 SERIES 2005 AN ORDINANCE REPEALING ORDINANCE NO. 32, SERIES OF 2002 AND RESCINDING A PUBLIC ACCOMODATION TAX; PROVIDING AMENDMENTS TO THE TOWN'S SALES TAX CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, at the Town of Vail regular municipal election held on November 8, 2005, Question 1 was not approved by the voters; and WHEREAS, as a result of Question 1 being defeated, and in accordance with the express language of Question 1, the Town of Vail no longer has the authority to levy or collect the sales and lodging taxes approved in the 2002 election for the construction and operation of a conference center as follows: • . IF THIS QUESTION IS NOT APPROVED BY THE VOTERS, THE AUTHORITY TO ISSUE DEBT PURSUANT TO 2002 QUESTION 2D SHALL TERMINATE IMMEDIATELY AND THE AUTHORITY TO LEVY TAXES PURSUANT TO 2002 QUESTION 2D SHALL TERMINATE EFFECTIVE JANUARY 1, 2006, AND THE TOWN COUNCIL SHALL EITHER REFUND ANY REMAINING REVENUES FROM SUCH TAXES PURSUANT TO SUCH REFUND METHODOLOGY AS THE TOWN COUNCIL DETERMINES OR SUBMIT A QUESTION TO THE VOTERS ON HOW SUCH REVENUES SHALL BE USED; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Beginning January 1, 2006, Title 4 of the Vail Town Code is hereby amended by the deletion of Chapter 12. Deleted information indicated by StFikethFeUghr CHART€R 12 CC 1 12 1: Title and 1 12 Parpss3 ail L'_8-ef Tax P.aveRues Ordinance No. 27, Series of 2005 1 ; , e~serY-"fie-`~~~~ ~-#a~~eef? allesa~~~-ads . . 2 . Ordinance No. 27, Series of 2005 LgDGMG_MCE: The-gfG::- P'iG- puk exslt~a s of p'AvklAF6 Eti'i fir . at eF+~e~-aged des as ie 1 ? 1 ' s# Tit%-4. ~996~P16~J'.: A, ex +h~feF-whis~ ::ush egaie~+eaat sf ` ts "a'tert `he-~eati ~ Is~giA~sFeiA-s~esifie~- ses-~~ ~«,-peraeq-use;-feF - T°,Ap~pfOA1: The f.Mr4i 8F2~{en, ~r`se~, r~ri I~rB£ assar~~a~at+s^k ~ndor unl--OAGessiG"----- - arigF Et-assesa, lies~se-#s- s~ sF otheF Fn srd- g,1, 2-OC theFa is I o vn + s^ .=,the-T,9vwA-ef-Vail- 1:111!''] 121 p ~s - at-sef#4ist pia-~h3Ft snt tha s }es at er is ~ w3~+6F-3-9f~FS r-~lE, ~h3~~~"e~186t~(3C!' a~C''1 31'i (Tlwy'-e~s ",{nrtf'rt AGGqnmrA~ n Tex. e~?#o:'~i~y-~v+t#-thi= '~+aP~° t}inn aPd agGrGealept-ef this Qhaoet. The-adm+k~ic''.inn ~ef °F 7' Thr- F;,^aea T FROM TAB twifg sha41-.I3e fF 442.7 - - - rc r~ ~I ~ ~ cvoc ntTtt~S,s cc 3 Ordinance No. 27, Series of 2005 Vail PubING ' n Tar., 1966 G Ste 9f seUesfin-R-arid Aminis*raf~cn, ch-JI ba-placed in a special #URd, 9 k.ne •n a_ the GeRfeFeRGe Gent r F:jnd.,--whis,~ ::1haA-be-sep=-:,0-c end-dist+:/st frem thegen3,,:!~ fund,-. All i~teFest ed-#rEr~ th3 in"3st!~ h :6£h specialfuRd sh34 also be deposited for the henefit of the GGRIeFeRGe GenteF Fu B. Ther s` al! be budgeted #om the Fn ee -8ceived-fre , thq imposition Gf the Vail P-hlwn Er. Tai ar a: aunt-F+esec~a7-4G-4c:mlav,:9 the -Town feF and- GIA-FiGal cs :PoufFed in the-adFpip'-s•.ra'.'icn and-seRectiea-e€ the `.a;: =4theF+zed by-thic C` apteF 4-12-8 ADI-IFIRTIRMAENT OF ASSU kBSORPTION OF TAX ft sh_II "q unlaMw44% 377; 3F!asa-or hold- pA-GF statc to the-publlG OF t:: IedglR~s ~s4r^72F difecty £F ?ndiFetly, that the t£x aF aRy paFt thWeef Imposed-by `He IQhapteF Will be a: cvrxed-^- :!bs that it--chg. n cf th added, teRdeFed, OF if ftt it a- an: pad-thefeef cry! -be FefuRded. 4 119 TAX ADDITIONAL The t= Mpesed-by#hapter chal'l. ba4n-additio-: tc au des imposed by law; excer . 41_47_40- 11101 AT10N• DCNAI TV- °Elat; 'a;,e 3f -this C3*F chaal b9-subject-to Any per z! c.- 1 1 1 of this Cede Section 2. Beginning January 1, 2006, Section 4-3-1-2 of the Town Code is amended by the deletion of the following: GOh11=€.°.€PlG€-G€NTeo en- ES TA". salas-tax at th£ 3t8 of GM k :If peFOeAt (A; )'ppfeved ;.A t.`. 2002 FOOD FOR WQhAr=- nRTILI"W Fr-ft food for dGFAeSt*G hGFne GOA umpticn as de€+aed-ifF--' I I.S.1;,sce, 2942(,), 3r amended, feF---pure of t,,,.,A -,r.p pmgfarr. as defined in ? 1 I.S. . s£a Gti Ft~~'), a ^.{'..SPASd; =?EE6~ ttr8t " " dMAL; of Ordinance No. 27, Series of 2005 4 seed's =d rlw::te #e gFew-fG9dC; p-'wF r d Salado and s31::d bars-; package' and u; racl:cQad sold acndwaGhse; dar treys; ur.saaied sant:~-18% OF sups that ape Yeaded b~ exr of a V8Rd9F. Section 3. Beginning January 1, 2006, Section 4-3-1-5 of the Town Code is amended to read: If any vendor, during any reporting period, collects as a tax an amount in excess of four and-eRe `~!f MaFee#(4.6%) four uercent (4%) of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this Chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the fee- =d-ene ha!-pefeent (4.5%) four percent (4%) of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 4. Beginning January 1, 2006, Section 4-3-1-9 of the Town Code is amended to read: The monies received by the Finance Director from the tax imposed and collected pursuant to this Chapter shall be deposited in the General Fund and Capital Projects Fund of the Town. PFavlded, h9wever; that the pFeGeeds of the enc half (.5-054) GenfeFen-A ` Yes Tax shall be aG :6r.t9d4:F ~r c saes al fund -te-be-ki; - ac- the onfefeRGe Genter Rind-and shah-be-used -selel-fcr `J f c GGRfe%Me-6AFEtM TheFe -shall be budgeted frem •.ha r.gnka F ir:,/,x"en i3f-the GGRfeFeRGe F tales-Tai: an -;Mbar-se-the T6v1lF4 4er Amin~stmtive and-sleFi LI adF:sieistFattcr. =sd-sellest GA Gf sa%d The GGRfeFeMe GeRteF Tax &ha44er,,T,-!ra`, iscvsd-tc fin GeAteF have been paid in full and thereaftei; the rate s{ s=led t.- SelleGted ea 8- s!~dl be fear r9FGeRt(4%) Ordinance No. 27, Series of 2005 5 Section 5. Beginning January 1, 2006, Section 4-3-3-1(E)(1) of the Town Code is amended to read: 1. Upon all sales of food. , that fled--fef heme--GeRsunptic\;. cha!l be xcmpt8d-#Fem the-ena half per=ser t . ° w Eale: Tai: ens y---as pew+ded-f^; .".eraiRj Section 6. Beginning January 1, 2006, Section 4-3-3-2(A) of the Town Code is amended to read: A. When Due And Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Chapter, be liable and responsible for the payment of an amount equal to feL aid ene half peFeent (4.6%) four percent (4%) of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Chapter and shall before the twentieth day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said €eur z four percent (4%) on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. Section 7. Beginning January 1, 2006, Section 4-3-3-3(B) of the Town Code is amended to read: Ordinance No. 27, Series of 2005 6 B. Percentage Of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Chapter, a tax at the rate of feur cnd-anc k alf_ pereeet-(.6 four percent (4%) of the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. Section 8. Beginning January 1, 2006, Section 4-3-3-6 is amended by the deletion of the following subsection: U. T.:: fallowing-geeds an~ earr+ees-shell exempt-fFer. tk:a on:: ".=If peFeent e.-e; .ae een s.- sa)es t,:i: BRFy 1. The sal . Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 10. 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 11. The amendment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 12. Ordinance No. 27, Series of 2005 7 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 13. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publica- tion. Section 14. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2005 and a public hearing shall be held on this Ordinance on the 20th of December, 2005, at 6:00 p.m. in the Town Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of December, 2005. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series of 2005 8 . r RESOLUTION NO. 23 Series of 2005 A RESOLUTION REPEALING AND RE-ENACTING RESOLUTION NO. 15, SERIES OF 2005, AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN EXPANDING THE BOUNDARIES OF THE MASTER PLAN TO INCLUDE THE EVERGREEN LODGE DEVELOPMENT SITE AND ADDING DETAILED PLAN RECOMMENDATIONS FOR FUTURE DEVELOPMENT ON THE EVERGREEN LODGE DEVELOPMENT SITE, AS PRESCRIBED IN CHAPTER 5 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council (the "Town Council") adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Master Plan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vail Planning & Environmental Commission has held a public hearing on the proposed amendment on August 22, 2005, and has forwarded a recommendation of approval with modifications of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the boundaries of the Master Plan to include the Evergreen Lodge development site and to add detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan; and WHEREAS, on December 6, 2005, the Vail Town Council requested amendments to Resolution No. 15, Series of 2005, to further clarify the Town's development objectives for future development on the Evergreen Lodge development site; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in BOLD ITALICS (additions) and ITALICS ST-OKETUROUGH (deletions). Amendments to Resolution No. 15, Series of 2005, are shown in red and fed ctrifethreugh (in part) CHAPTER 5 Detailed Plan Recommendations 5.19 Evergreen Lodge at Vail The Evergreen Lodge is located directly east of the Middle Creek Stream Tract and is bordered to the north by the South Frontage Road, to the south by the Vail Valley Medical Center, and to the east by the WestStar Bank office building. The lot area is 114,337 square feet or 2.625 acres. Physical improvements that currently exist on the site are a nine story stucco hotel/condominium structure with an adjoining two-story hotel facilities wing, two below-grade structured parking garages, and paved surface parking. The nine story structure has a predominant east-west orientation along the southerly edge of the site while the facilities wing has a north-south orientation along the western edge of the site. The eastern parking garage is utilized by the Vail Valley Medical Center for employee parking and is accessed from the South Frontage Road through a shared entry/exit with the WestStar Bank office building. Opportunities for future improvements and upgrades include: • Creation of more underground parking; • Architectural enhancements consistent with the Lionshead Architectural Design Guidelines; • Improved exterior lighting; • Coordinated vehicular access; • Improved streetscape and landscaping along the South Frontage Road; • Improved pedestrian circulation; and • Upgraded and expanded hotel accommodations and amenities 2 5.19.1 Pedestrian Access Pedestrian access should be upgraded to provide a safe and attractive pedestrian connection from the South Frontage Road, through the Evergreen Lodge development site, to West Meadow Drive with a continuous pedestrian/bicycle path along the South Frontage Road, as depicted on Map T herein. A gravel path connecting the South Frontage Road to the paved pedestrian path located on the east side of the Dobson Ice Arena presently exists along the south side of the property. This path, while functional, receives little, if any, regular maintenance and includes a railroad tie set of stairs that is unsafe and in disrepair. There are currently no pedestrian improvements located along the South Frontage Road. Though no improvements exist, a fair number of pedestrians use the southerly edge of the South Frontage Road when entering or exiting the site. In order to improve pedestrian access and safety, it is recommended that future redevelopment of the site includes the construction of 'a continuous pedestrian/bicycle path along the South Frontage Road and that the existing gravel path along the southerly edge of the site be improved and regularly maintained. Said improvements may necessitate the need for pedestrian access easements through the site. 5.19.2 South Frontage Road Improvements and Vehicular Access The site is currently accessed by vehicles off of the South Frontage Road from two, full movement, two-way access points. The current location of these access points relative to the existing access points for the WestStar Bank Building, Vail Valley Medical Center parking structure, Town of Vail Municipal Buildings, and potential future access points to the Vail Valley Medical Center and Vail International Building results in undesirable traffic flow and turning movements creating traffic safety and capacity concerns. Givethe proximity the eastern most seeess pest-to-those-of the Vail Valley izaa building, Center and the WestStar Bank offlee less than aesii-avlc-rciria. -iraarrara-ra~-Tiro ~ caircacs exist in the vieinity. In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements should be explored in conjunction with any future redevelopment of the site. Possible opportunities for improvements may include, an improved mass transit stop, relocated/reduced/shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes and landscaped medians, and the evaluation and possible implementation of an intersection solution, such as a roundabout. 3 5.19.3 Preservation of Existing Accommodation Units The Evergreen Lodge presently contains 128 short term accommodation units. In addition, The Evergreen Lodge also contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the Lodge. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the site shall ensure the preservation of short term accommodation units on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount of gross residential square footage on the site as well as requiring the preservation of 128 accommodation units. With this in mind, the quality of the existing accommodation unit room could be. upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of accommodation units beyond the existing 128 units already on-site should be evaluated during the development review process. For example, the construction of "attached accommodation units", as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5.19.5 Impacts on Middle Creek Stream Tract The Middle Creek Stream Tract lies to the west of the Evergreen Lodge. The Tract is owned by the Town of Vail. The tract is heavily vegetated with several substantial deciduous trees and a significant lower layer of underbrush. Although the site borders the Middle Creek Stream Tract, there is no significant amount of quality vegetation on the site, and the parcel lies out of the 100-year flood plain. As currently configured, opportunities exist to better recognize the benefits of creekside development. While the natural riparian corridor of Middle Creek needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. An opportunity exists to create a significant connection between the Evergreen Lodge and Middle Creek. Any use of Middle Creek for aesthetic or recreational purposes, however, should be subordinate to the preservation of the natural riparian corridor and its inherent natural character. The Middle Creek Stream Tract may provide an opportunity for the construction of a recreational path connecting the South Frontage Road to the existing pedestrian paths at the Dobson Ice Arena. 4 5.19.6 Relationship to the Vail Valley Medical Center and the proposed Vail Civic Center Perhaps the most critical functional relationship is the need to coordinate any future development on the Evergreen Lodge site with the Vail Valley Medical Center. For example, every effort should be taken to ensure that future development on the Evergreen Lodge site does not preclude the Vail Valley Medical Center from reconfiguring the design of the medical center to eliminate vehicular access off of West Meadow Drive and relocate the access to the South Frontage Road. Additional opportunities may include, shared service and delivery facilities, grading and site improvements, shared parking, pedestrian pathway connections, and land exchanges. 5.19.7 Service and Delivery Service and delivery functions for the hotel are accommodated on grade from the westerly entrance. Service and delivery for the Evergreen Lodge should occur underground or be hidden from public view. Service and delivery truck turning maneuvering should not negatively impact traffic flow on the South Frontage Road. With a realignment of the vehicular access points, attention should be given to the location of service and parking areas. An additional level of structured parking at the current Frontage Road level would help to minimize the apparent height of the existing or future structures, decrease the grade at existing access points, increase the amount of landscaping on the surface of the structure, and hide service functions below grade. 5.19.8 Setbacks from the South Frontage Road Special consideration should be given to the setback of buildings from the South Frontage Road. Pursuant to the Lionshead Mixed Use -1 zone district setback standards, a minimum 10-foot (10') setback is allowed. Given the relationship of the development site to the South Frontage Road, the need for adequate area for vehicular traffic circulation, the importance of a landscape area to visually screen the massing of the building, and the existence of a 30- foot wide utility easement along the southerly edge of the South Frontage Road, the minimum required front setback for the Evergreen Lodge development site shall be thirty feet (301). This increased setback requirement shall supersede the 10-foot setback requirement prescribed in Section 12-711-10, Setbacks, Vail Town Code. 5.19.9 Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the 5 buildings on this site and the extent to which they influence the quality of the experience of passers-by, all future development on the site should be closely scrutinized for compliance with the applicable architectural design guidelines. 5.19.10 Public Transit Stop A public transit stop is presently located east of the WestStar Bank Building, across the street from the Town Municipal offices. Through the future redevelopment of the Evergreen Lodge and the Vail Valley Medical Center, an opportunity exists to potentially relocate the transit stop to a more optimal location. E ff This Fe6clut;sn sh^n beGGF a e#e,.+i.,a ursn the adeptien cf sn ameAding mss a lad 9f the Town of Vag! FeZORiRg et 2, Elgck. 1, (ail ! icr^_haad-2` *ng fGm Hi -1 distrin4 ~s.~ec-r-m~mcr. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of December, 2005. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 6 ORDINANCE NO. 30 Series of 2005 AN ORDINANCE REPEALING ORDINANCE NO. 1, SERIES OF 1990, SPECIAL DEVELOPMENT DISTRICT NO. 14, DOUBLETREE HOTEL, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 2, BLOCK 1, VAIL LIONSHEAD 2ND FILING, FROM HIGH-DENSITY MULTIPLE FAMILY (HDMF) DISTRICT TO LIONSHEAD MIXED USE-1 (LMU-1) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on November 14, 2005, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map° promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious 'development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO. 30, SERIES OF 2005 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: .Section 1. Zoning Map Amendment: The purpose of this Ordinance is to repeal Ordinance No. 1, Series of 1990, and to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Ordinance No. 1, Series of 1990 shall be repealed in its entirety and Lot 2, Block 1, Vail Lionshead 2"d Filing shall be rezoned from High-Density Multiple Family (HDMF) district to Lionshead Mixed Use-1 (LMU-1) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code. as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other r action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance ORDINANCE NO. 30i SERIES OF 2005 previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2005 and a public hearing for second reading of this Ordinance set for the 20th day of December, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of December, 2005. Rodney Slifer, Mayor i . Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO. 30, SERIES OF 2005 ORpINANCE. N0. 30, SERIES 9F2005 Zoning LOt 2, Bloc~C 1, Vail Lionshead 2nd RlTwo-Family Residential West 250 South Frontage., op, r High Density Multiple Family ® Housing ® Public Accommodation Lionshead Mixed Use 1 Commercial Service Center ?u Outdoor Recreation Agricultural & Open Space Natural Area Preservation General Use .t r~'+}4r! „~~.W'4 < ~r~ Y 9~( 5 ' WestStar ' O ® 100 0 100 Feet This map was created by dte Town of Vail GIS Department. Use of this map should be for general purposes only. . r The Town of Vail does not warrant the accuracy of the information line rmatWOrl, is approximate) MEMORANDUM To: Town Council From: Stan Zemler Gina Bentz Date: December 15, 2005 Subject: 2005 Supplemental Appropriation and Budget Adjustment We are attaching the following documents for your review. This evening meeting you will be asked to approve Ordinance Number 28 making supplemental appropriations and budget adjustments to the 2005 budget. • Proposed Supplemental Appropriation and Budget Adjustments Spreadsheet (S-1 through S-4) • Summary of Revenue, Expenditures, and Changes in Fund Balance - General Fund (GF- 1), Capital Projects Fund (CPF-1 through CPF-2), Real Estate Transfer Tax Fund (RETT) (R-1 through R-2), Dispatch Services Fund (DSP-1), Conference Center Fund (CCF-1), and Health Insurance Fund (HIF-1) • Ordinance No. 28 of 2005 Changes from first reading, Changes from first reading have occurred in the General Fund, Capital Projects Fund, and Dispatch Services Fund. These changes recognize revenue and the corresponding expenditures. These are a result of grant revenues, food drive collections, Hurricane Katrina relief efforts, and Vail Recreation District computer upgrades. Live Scan During the discussion of the third supplemental last council meeting, Farrow asked what the live scan was. The live scan system is a computer interface that will integrate the state's automated fang,., pant identification system with our computer aided, records management and jail system. The police department did apply and receive a Byrne grant for the purchase of the live scan unit, which is included in the third supplemental. Version 2 Second Reading Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Changes Highlighted Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Capital Projects Fund Retail Sales Tax 1,000,000 Increase in projection from budget Professional Fees (925,000) Timber Ridge loan guarantee not needed in 2005 Other County Revenue (250,000) Grant revenue for W. Vail Fire Station moved to 2006 Transfer from General Fund 6,990 For live scan equipment funding Other State Revenues 19,500 Byrne grant award for live scan equipment Capital Outlay Equipment 26,490 Live scan equipment Construction Services (29,300) Funding for Construction Sign Mitigation Transfer to General Fund 29,300 Funding for Construction Sign Mitigation Transfer from Dispatch 17,020 Funding for final Intergraph pay off for CAD/RMS system Computer Software 17,020 Final Intergraph pay off for CAD/RMS system -Construction Services 225,000 ERWSD fall utility work reducing 2006 portion Project Reimb/Shared Costs 1,471,593 ERWSD utility reimbursements Project Reimb/Shared Costs 265,000 VRI for Streetscape Construction Services 1,736,593 Reimbursement expenses Other Federal Revenues (1,851) Federal bus grant revenues adjust to accurate number Project Reimb/Shared Costs 22,901 VRD for computer upgrades ' % Computer Software 22,901 VRD expenses for computer upgrades. Subtotal Capital Projects Fund 2,551,153 1,103,004 RETT Projects Fund AIPP Donations 1,320 AIPP donations from First Bank and American Design Design Fees 1,320 Offset by donations Shared Costs/Project Reimbursement 202,966 Holy Cross Energy Enhancement funds for burying conduit Construction Services 202,966 Gore Valley trail improvements/Cascade Bike Path Other County Revenue 12,000 ECO Trails yearly grant "Construction Services 12,000 Gore Valley trail improvements/Cascade Bike Path Miscellaneous (124,000) Donovan Park Operating costs Transferred from General Fund 27,435 Due to AIPP funded from RETT Subtotal RETT Projects Fund 243,721 92,286 General Fund Peace Officer's Ski Race 5,389 Excess revenue collected for Peace Officer's ski race Police Ski Race 4,072 Add'1 expenditures for Peace Officer's Ski Race Supp 3 of 2005 05 1220 S-1 12115/2005 8:19 AM Version 2 Second Reading Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Changes Highlighted Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Miscellaneous Revenue 1,088 Reimbursement for chair & sofa for information center Furniture under $5K 1,088 Chair & sofa for information center Other State Revenues 1,520 Rural fire assistant grant Small Tools 1,520 Purchase small tools w/ rural fire assistance grant Out of District Fire Response 28,266 Marriott Streamside contract out of town fire response Out of District Fire Response 18,621 Winnemucca, Nevada wildfire response Fire Dept Salaries 5,414 Winnemucca, Nevada wildfire response Fire Dept Benefits 1,451 Winnemucca, Nevada wildfire response Travel 365 Winnemucca, Nevada wildfire response Meals 284 Winnemucca, Nevada wildfire response Contract Services 8,690 Winnemucca, Nevada wildfire response Franchise Fees/Cable TV 17,000 Increase in franchise fees for Comcast Contract Services/Comm TV 8,000 Increase to actuals 38% of franchise fees Volunteer (1,000) Transfer to CPF for Live Scan equipment Contract Services (5,990) Transfer to CPF for Live Scan equipment Transfer to CPF 6,990 Transfer to CPF for Live Scan equipment Transfer from CPF 29,300 Funding for Construction Sign Mitigation Signs & Sign Materials 29,300 Expenses for Construction Sign Mitigation Ord #8 Village Parking Fees 50,000 Summer parking collections Overtime 2,275 Summer parking overtime help Other State Revenue 1,502 Click It or Ticket It grant Patrol Overtime 1,502 Click It or Ticket It grant expenditures Other County Revenues 18,625 2005 Mountain Response reimbursement Overtime & Benefits 18,625 2005 Mountain Response expenditures Miscellaneous Revenue 1,000 Firefighter t-shirts sold Shipping Charges 125 Firefighter t-shirts shipped Cost of Goods Sold-Tshirts 473 Cost of firefighter t-shirts Overnight Express 125 Cost of shipping t-shirts Manhole Cover Revenue 18,000 Manhole cover sales Manhole Jewelry Revenue 23,500 Manhole cover jewelry sales Shipping Charges 1,400 Charges for shippping Overnight Express 1,400 Cost to ship Drainage Materials 3,000 Cost of manhole covers and special finishes MH Jewelry 17,200 Cost of jewelry Professional Fees 3,848 Copyright fees Marketing 5,000 Marketing/advertising Charter Revenue 9,400 Additional revenue from bus charters Transit Overtime 7,833 Overtime incurred from bus charters Transit Benefits 1,567 Benefits incurred from bus charters Franchise Fees/Holy Cross 25,000 Increase in rates thus an increase in franchise fees for Holy Cross Facilities Electric 15,000 Due to price increases Facilities Street Lights 10,000 Due to price increases Franchise Fees/Public Serice 65,000 Increase in rates thus an increase in franchise fees for Xcel Energy Facilities Natural Gas 65,000 Due to price increases Donovan Pavilion Rental 20,000 Additional revenue collected Supp 3 of 2005 051220 S-2 12/15/2005 8:19 AM Version 2 Second Reading Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Changes Highlighted Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Professional Fees 15,000 Donovan Pavilion commissions Project Reimb/Shared Costs 106,375 Add'1 shared projects revenue-Ritz/Front Door Planning Reimburseable Fees 6,863 Outsourcing design review-Ritz Building Reimburseable Fees 85,294 Outsourcing plan check fees-Ritz/Front Door Construction Permit Fees (210,000) Reduction in projection of the 2005 budget Transfer to RETT 27,435 From fund balance transferred to GF in 2004 for AIPP now funded from RETT Accident/Insurance Reimbursern 53,813 Pinnacol Insurance-worker's compensation dividend Employee Benefits 89,000 Health and disability insurance premiums Miscellaneous Revenue 3,043 Add'1 revenue collected for Food Drive Food Supplies 3,043 Purchases for the Food Drive - Federal Revenues 9,663 Reimbursement for Hurricane Katrina Relief Camp Colorado Professional Development 180 Expenses incurred for PD for Hurricane Katrina Relief Efforts Police Salaries 2,508 Salaries incurred for Hurricane Katrina Relief Efforts Camp Colorado Police Overtime 2,822 OT incurred for Hurricane Katrina Relief Efforts Camp Colorado Police Benefits . 1,003 Benefits incurred for Hurricane Katrina Relief Efforts Camp Colorado Fire Salaries 1,200 Salaries incurred for Hurricane Katrina Relief. Efforts Camp Colorado Fire Overtime 1,350 OT incurred for Hurricane Katrina Relief Efforts Camp Colorado Fire Benefits 480 Benefits incurred for Hurricane Katrina Relief Efforts Camp Colorado Travel Food 120 Expenses incurred for Fire for Hurricane Katrina Relief Efforts Other State Revenues 487 CDOT Underage Drinking Grant Professional Development 336 Training for CDOT Underage Drinking Grant Advertising 151 Advertising expense for CDOT UnderagerDrinkjng.Grant Subtotal General Fund 298,117 449,817 Dispatch Service Fund CAD/RMS Maintenance (17,020) to CPF to fund Intergraph final billing CEP019 Transfer to CPF 17,020 to CPF to fund Intergraph final billing CEP019 Federal Revenue 11,447 Reimbursement for Hurricane Katrina Relief Efforts Camp Colorado Dispatch Salaries 3,840 Salaries incurred for Hurricane Katrina Relief Efforts Camp Colorado Dispatch Overtime 4,300 OT incurred for Hurricane Katrina Relief Efforts Camp Colorado Dispatch Benefits 1,536 Benefits incurred for Hurricane Katrina Relief Efforts Camp Colorado Professional Development 1,495 Expenses incurred for Hurricane Katrina Relief Efforts Camp Colorado Office Supplies 254 Expenses incurred for Hurricane Katrina Relief Efforts Camp Colorado Food Supplies 15 Expenses incurred for Hurricane Katrina Relief Efforts Camp Colorado Miscellaneous Expenses 7 Expenses incurred for Hurricane Katrina Relief Efforts Camp Colorado Subtotal Dispatch Service Fund 11,447 11,447 Conference Center Fund Sales Tax 62,249 Increase in projection from budget Public Accomodations Tax 57,593 Increase in projection from budget Supp 3 of 2005 051220 S-3 12/15/2005 8:19 AM Version 2 Second Reading Proposed Supplemental Appropriations and Budget Adjustments #3 of 2005 Changes Highlighted Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Interest 86,000 Increase in projection from budget Management Fee 5,992 Professional Fees 197,362 Subtotal Conference Center Fund 205,842 203,354 Health Insurance Fund Employer Contributions 52,500 Increased to cover higher claims Employee Contributions (33,000) Based on actual Insurer Proceeds 14,000 Stop loss reimbursements-based on actual Short Term Disability 36,500 Increased to cover higher claims Interest Income 4,000 Revised estimate ST Disability Claims 36,500 Increase in claims Health Insurance Claims Paid 37,500 Increase in claims Subtotal Health Insurance Fund 74,000 74,000 Total All Funds 3,384,280 1,933,908 Stipp 3 of 2005 051220 S-4 12/15/2005 8:19 AM Version 2 Second Reading Supplemental 3 2005 Budget General Fund Schedule of Revenues, Expenditures, and Changes in Fund Balance Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Revenue Local Taxes Sales Tax 8,881,480 8,796,600 8,796,600 Property and Ownership 2,621,493 2,637,458 2,637,458 Ski Lift Tax 2,496,162 2,585,000 2,585,000 Franchise Fees, Penalties, and Other Taxes 699,649 688,500 795,500 Licenses & Permits 1,685,277 2,839,950 2,672,350 ' Intergovernmental Revenue 1,435,982 1,356,511 1,363,911. Transportation Centers 3,285,932 2,955,000 3,014,400, Charges for Services 807,041 785,237 778,737 Fines & Forfeitures 210,497 202,900 200,800 Earnings on Investments 172,806 120,000 120,000 Rental Revenue 803,939 748,865 768,865 Miscellaneous and Project Reimbursements 359,829 362,481 613,698 Transfer from RETT 27,435 - - Transfer from Capital Projects Fund 29,300 Total Revenue 23,487,522 24,078,502 24,376,619 Expenditures Salaries 10,039,142 10,804,803. 10,844,892 Benefits 3,368,357 3,719,634 3,816,575 Subtotal Compensation and Benefits 13,407,499 14,524,437 14,661,467 Contributions and Special Events 996,662 817,876 825,876 All Other Operating Expenses 4,338,334 5,261,982 5,532,344 Heavy Equipment Operating Charges 1,406,066 1,609,506 1,609,506 Heavy Equipment Replacement Charges 424,478 581,522 581,522 Dispatch Services 463,813 559,034 559,034 Total Expenditures 21,036,852 23,354,357 23,769,749 Revenue Over (Under) Expenditures 2,450,670 724,145 606,870 Transfer to Capital Projects Fund (1,773,800) (62,000) (68,990) Transfer to RETT Fund (10,762) (38,197) Transfer to Dispatch Services Fund (19,500) (19,500) Beginning Fund Balance 10,376,744 11,053,614 11,053,614 Ending Fund Balance $ 11,053,614 $ 11,685,497 $ 11,533,797 GF-1 Version 2 Second Reading Supplemental 3 2005 Budget Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Sales Tax 6,700,095 6,349,400 7,349,400 Federal Grant Revenue 1,412,098 1,740,240. 1,757,889, Lease Revenue 189,480 150,000 150,000 CDOT Reimbursement 40,322 - - Transfer from General Fund 1,773,800 62,000 68,990 Transfer from Dispatch Services Fund 110,000 - 17,020.. Transfer from RETT 1,130,205 - - Project Reimbursement 1,031,157 1,100,468 2,859,962.. Eagle County Grant Revenue 366,510 250,000 - Interest Income & Other 354,995 25,000 25,000 Total Revenue 13,108,662 9,677,108 12,228,261 Expenditures Equipment Purchases Document Imaging 20,437 20,000 20,000 Software & Hardware Upgrades 205,872 140,486 163,387 Web Page Development/Ecommerce 50,000 50,000 Eagle County CAD / RMS Project 662,804 188,290 205,310, Police Copier 10,310 10,310 Police Vehicles Hardware Laptop 65,808 - - Live Scan Equipment - _ 26,490, Video Security for Jail 10,628 - - Patrol Car Video Cameras - 45,000 45,000 Quick Response Vehicle - Fire Dept 108,555 - - Fire Department Breathing Apparatus 24,772 25,000 25,000 Replace Buses 2,295,622 2,430,700 2,430,700 GPS for Buses 30,720 269,280 269,280 Police Vehicles 274,272 - - Vehicle Expansion 40,300 40,300 Subtotal Equipment Purchases 3,699,490 3,219,366 3,285,777 Capital Maintenance Bus Shelter Replacement 10,532 38,000 38,000 Capital Street Maintenance 620,054 1,584,565 1,584,565 Parking Structure Improvements 520,000 508,740 508,740 General Facility Improvements 482,542 331,500 331,500 Subtotal Capital Maintenance 1,633,128 2,462,805 2,462,805 Buildings & Improvements Town Manager's Residence 56,786 - - Town Manager's Office 8,309 - - Fire infrastructure improvements 56,730 270,635 270,635 Fiber Optics in Buildings 21,650 75,000 75,000 Dobson Ice Arena 163,880 10,000 10,000 Way Finding Improvements 6,289 79,284 49,984 Donovan Park Pavilion 46,978 42,000 42,000 CPF-1 Version 2 Second Reading Supplemental 3 2005 Budget Capital Projects Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Multi-Purpose Recreation Facility 1,451,816 88,000 88,000 Subtotal Bldgs / Improvements 1,812,438 564,919 535,619 Streetscape Projects West & East Meadow Drive 55,256 199,360 424,360 Village Streetscape 3,146,998 2,674,615 :4,411,208 Subtotal Streetscape Projects 3,202,254 2,873,975 4,835,568 Housing Program Buy-Down Program - 200,000 200,000 Timber Ridge Debt Service Guarantee - 925,000 Timber Ridge Loan 700,000 700,000 Subtotal Housing Program - 1,825,000 900,000 Lionshead Redevelopment Lionshead Improvements 90,659 313,955 313,955 Subtotal Lionshead Redevelopment 90,659 313,955 313,955 Other Improvements Revise TOV Master Plans (W. Vail) 100,000 100,000 Street Light Improvement Program 62,804 50,000 50,000 Drainage Improvements 75,000 75,000 75,000 1-70 Noise 58,340 526,000 526,000 Subtotal Other Improvements 196,144 751,000 751,000 Total before Financing 10,634,113 12,011,020 13,084,724 Transfer for Debt Service 2,337,905 2,422,154 2,422,154 Transfer to General Fund 29,300 Total Expenditures 12,972,018 14,433,174 15,536,178 Revenue Over (Under) Expenditures 136,644 (4,756,066) (3,307,917) Beginning Fund Balance 8,054,258 8,190,902 8,190,902 Ending Fund Balance $ 8,190,902 $ 3,434,836 $ 4,882,985 CPF-2 Version 1 Second Reading Supplemental 3 2005 Budget REAL ESTATE TRANFTER TAX FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget REVENUE Real Estate Transfer Tax 4,850,152 6,000,000 6,000,000 Golf Course Lease 107,941 115,956 115,956 Lottery Revenue 21,686 20,000 20,000 Land Sales & Exchange - - Project Reimbursements 56,600 3,300 ' 206,266 AIPP Revenue 35,000 - Interest Income & Other 116,372 79,000 92,320 Transfer from GF 10,762 38,197 Recreation Amenity Fees 226,745 360,000 360,000 Total Revenue 5,414,496 6,589,018 6,832,739 EXPENDITURES Annual Maintenance RETT Collection Costs 240,987 300,000 300,000 Rec. Path Capital Maintenance 62,178 213,628 213,628 Betty Ford Alpine Gardens Support 75,000 122,000 122,000 Tree Maintenance 28,410 137,000 137,000 Street Furniture Replacement 12,969 37,030 37,030 Black Gore Creek Sand Mitigation 150,000 100,000 100,000 Park Capital Maintenance 0 114,500 114,500 Bear Proof Containers 0 19,500 19,500 Park, Path & Landscape Maintenance 749,963 1,097,991 973,991 Subtotal Maintenance 1,319,507 2,141,649 2,017,649 Recreation Path/Trail Development Cascade Bike Path 256,305 471,271 Trailhead Development 3,443 36,555 36,555 N. Frontage Rd. (School to Roundabout) 592,744 57,256 57,256 Village Streetscape Design & Implement 2,450,000 2,525,000 2,525,000 Meadow Drive 25,000 25,000 Subtotal Pathways 3,046,187 2,900,116 3,115,082 Capital Maintenance ADA Compliance w/ VRD 50,000 50,000 Raw Water Project 1,042 228,097 228,097 Stream Tract Mitigation 35,000 35,000 Pirate Ship Park - Per Safety Plan 298,782 36,888 36,888 Big Horn Park - Per Safety Plan 225,000 225,000 RT-1 Version 1 Second Reading Supplemental 3 2005 Budget REAL ESTATE TRANFTER TAX FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Public Art 62,555 167,419 168,739 Seibert Circle 1,134,000 1,134,000 Subtotal Capital Maintenance 362,379 1,876,404 1,877,724 Park Development Donovan Park 3,266 49,734 49,734 White Water Park 41,683 - - Skate Park 100,000 100,000 Vail Memorial Park 2,250 - - Subtotal Park Development 44,949 149,734 149,734 Open Lands Open Space Acquisition - 500,000 500,000 Subtotal Open Lands - 500,000 500,000 Project Management Parks and Landscaping 79,491 81,735 81,735 AIPP 84,326 84,326 Subtotal Project Management 79,491 166,061 166,061 Total Expenditures 4,854,763 7,733,964 7,826,250 Revenue Over (Under) Expenditures 559,733 (1,144,946) (993,511) Transfer to Capital Projects Fund (1,130,205) - - Transfer to Genreral Fund (27,435) - - Beginning Fund Balance 6,280,458 5,682,551 5,682,551 Ending Fund Balance $ 5,682,551 $ 4,537,605 $ 4,689,040 RT-2 Version 2 Second Reading Supplemental 3 2005 Budget Dispatch Services Fund Schedule Of Revenue, Expenditures, and Changes in Fund Balance Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Revenue E911 Board Revenue $ 369,000 $ 345,660 $ 345,660 Interagency Charges 719,068 814,058 814,058 Town of Vail Interagency Charge 463,813 559,034 559,034 Earnings on Investments 6,317 - - E911 BOARD Capital Grant - - - Transfer from General Fund 19,500 19,500 Other 33,463 44,910 Total Revenue 1,558,198 1,771,715 1,783,162 Expenditures Salaries & Benefits 1,290,384 1,332,646 1,342,322 Operating, Maintenance & Contracts 217,093 401,258 386,009 Capital Outlay 120,299 11,750 11,750 Total Expenditures 1,627,776 1,745,654 1,740,081 Revenue Over (Under) Expenditures (69,578) 26,061 43,081 Transfer to Capital Projects Fund (110,000) - (17,020) Beginning Fund Balance 386,692 207,114 207,114 Ending Fund Balance $ 207,114 $ 233,175 $ 233,175 DSF-1 Version 1 Second Reading Supplemental 3 2005 Budget Conference Center Fund Schedule of Revenue, Expenditures, and Changes in Fund Balance Latest Proposed 2004 2005 2005 Audited Amended Amended Actuals Budget Budget Revenue Sales Tax 1,828,234 1,805,000 1,867,249 Public Accomodations Tax 1,730,378 1,735,000 1,792,593 Subtotal Taxes 3,558,612 3,540,000 3,659,842 Penalties and Interest on Delinquent Taxes 8,458 - - Interest 67,603 - 86,000 3,634,673 3,540,000 3,745,842 Expenditures - Admin Management Fee 178,353 177,000 182,992 Office Supplies 1,315 - - Postage 725 - - Subtotal Administration 180,393 177,000 182,992 Capital Outlay Professional Fees 609,544 49,271 246,633 Design Fees 179,940 1,322,607 1,322,607 Subtotal Capital Outlay 789,484 1,371,878 1,569,240 Total Expenditures 969,877 1,548,878 1,752,232 Revenue Over (Under) Expenditures 2,664,796 1,991,122 1,993,610 Beginning Fund Balance 3,026,538 5,691,334 5,691,334 Ending Fund Balance 5,691,334 7,682,456 7,684,944 CCF-1 Version 1 Second Reading Supplemental 3 2005 BUDGET HEALTH INSURANCE FUND REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE Proposed 2004 2005 Audited 2005 Amended Budget Budget Budget Revenue Town of Vail Interagency Charge - Premiums $ 1,661,804 $ 1,794,500 1,883,500 Employee Contributions 256,479 278,000 245,000 Insurer Proceeds 68,958 - 14,000 Earnings on Investments 12,844 10,000 14,000 Total Revenue 2,000,085 2,082,500 2,156,500 Expenditures Health Inusrance Premiums 242,510 248,000 244,000 Claims Paid 1,551,632 1,782,500 1,820,000 Short-term Disability Pay 91,140 25,000 61,500 Professional Fees 22,857 27,000 31,000 Total Expenditures 1,908,139 2,082,500 2,156,500 Revenue Over (Under) Expenditures 91,946 - - Beginning Fund Balance 815,372 907,318 907,318 Ending Fund Balance $ 907,318 $ 907,318 $ 907,318 HIF-1 ORDINANCE NO. 28 SERIES OF 2005 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2005 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.25, Series of 2004, adopting the 2005 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 449,817 Capital Projects Fund 1,103,004 Real Estate Transfer Tax Fund 92,286 Conference Center Fund 203,354 Health Insurance Fund 74,000 Dispatch Services Fund 11,447 Total $1.933.908 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any -1- reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2005, and a public hearing shall be held on this Ordinance on the 20th day of December, 2005, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of December, 2005. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk -2- ORDINANCE NO. 31 SERIES OF 2005 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006 WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2006 fiscal year, to make appropriations for the amounts specified in the budget; and WHEREAS, the Conference Center Fund is a special revenue fund of the Town of Vail; and WHEREAS, the Conference Center Fund budget was not included in Ordinance No. 22, Series 2005, adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado for the fiscal year January 1, 2006 through December 31, 2006, NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, Conference Center Fund for the fiscal year beginning on the first day of January, 2006, and ending on the 31 st day of December, 2006: None 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2006 fiscal year for the Town of Vail, Colorado, Conference Center Fund which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Ordinance No. 31, Series of 2005 Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of December, 2005. A public hearing shall be held hereon on the 20th day of December, 2005, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Rod Slifer, Mayor ATTEST: Ordinance No. 31, Series of 2005 Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of December, 2005. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 31, Series of 2005 CSE/sn 2006 CSE Budget 12/14/2005 Town of Vail: Commission on Special Events: 2006 Budget Detail Funds Available: $ 650,000.00 $ 650,000.00 I $ 750,000.00 Rollover from Previous Year. - - - Total Funds Available: $ 650,000.00 $ 650,000:00 $ 750,000.00 Event: 2006 Dates: 2006 Funds 2006 Funds.' 2006 Extra Requested. Awarded. Funds Option: nce Festival Aug 23- 27~ $ 150,000.00 $ 75,000.00 $75,000 >Converge Teva Mountain Games¢ ' F May 31 Jun 4` 8Q,000 00 73,750 00~ 80,000 Okto e~€est1, igh6n ,Sports' 43Sep 8-1:0/15-1s7.> X80 QOU OOF - 70,000 00' $75,00 , Vad ;il F~al_v, Mar 30-Apr. 2 ~85,000A0" 550` N~~ s" Spring; Back to Vari _ 'Apr 3= 16~ _ 100,000:00 5Q'000:00 America Days* (VVCTB in '03) 4-Jul 60,000.00 42,250.00 ( $42,250 Summer Street Entertainment Jun 23-Sep 3 68,500.00 30,000.001 $30,000 >Taste of Vail/Summer Aug 18- 20 40,000.00 30,000.001 $30,000 Kick-It 3v3 Soccer Tour Aug 4 -6 50,000.00 25,000.00 1 $25,000 Holidays in Vail* (VVCTB in'03) Nov 25-Dec 31 40,000.00 25,000.00 1 $25,000 >ReviVail Season Kick-off Festival Nov 22- Dec 10 50,000.00 20,000.00 1 $20,000 The Session Jan 12-15 25,000.00 18,000.001 $18,000 Vail Arts Festival Aug 11-13 30,000.00 15,000.001 $15,000 Lacrosse Shootout Jun 24- Jul 4 20,000.00 15,000.00 1 $15,000 >Harvest Festival Sep 22- 24 32,000.00 15,000.001 $15,000 Vail Farmers' Market Sundays, Jun 18-Sep 17 15,500.00 10,000.001 $10,000 American Ski Classic Mar 22- 26 25,000.00 10,000.001 $10,000 Vail Jazz Festival Sundays, Jun 25-Aug 7 10,000.00 8,000.00 1 $10,000 VJF: Washington Prep HS Band 4-Jul 1 7,750.00 7,750.00 1 $7,750 King of the Mountain Volleyball Jun 16-18 i 10,000.00 7,500.001 $7,500 Taste of Vail/Winter Apr 5- 9 25,000.00 5,000.00 1 $5,000 Avon to Vail Triathlon (new producer) date flexible/$ request est 8,000.00 3,000.001 $3,000 Vail Arts and Wine Faire Sats, Jul 1-29 18,300.00 - i $0 Rotary Rubber Duck Race _ 27 Aug 15 000.00 - $0 Gou`rmetoh, bre 2-Sep = 50,000.00. - - $25,000 >Vail US Nationals of Skateboarding Aug 25- 27 20,000.00 = l $0 >Vail Armed Forces Week Jan 29-Feb 3 10,000.00 I $0 >Pete SeiberPs Vail Mtn Marathon 2-Apr 7,500.00 - ( $0 >Holiday Spirit on Meadow Drive Dec 16- 24 21,000.00 - 1 $0 Subtotal: Event Funds $ 1,153,550.00 $ 610,250.00 I $ 688,500.00 Administrative Contracts: Administrative +Expenses 1 $ 36,000.00 1 $ 36,000.00 1 $ 36,000.00 Debit" Card for TOV In-kind Services 25,000.00 - Special Event Handbook 049 25,000.00 Research/Event Evaluation 24,000.00 ( - J Subtotal: Admin. Contracts $ 110,000.00 1 $ 36,000.00 I $ 61,000.00 TOTAL ALLOCATIONS: $ 1,263,550.00 $ 646,250.00 I $ 749,500.00 FUNDS REMAINING: $ (613,550.00) $ 3,750.00 1 $ 500.00 >Designates new events proposed for 2006 1 Town of Vail Loan Historv to the Vail Local Marketing District The Vail Local Marketing District (VLMD) was authorized on November 2, 1999, by the town's electorate in a general election which also established a 1.4% tax on lodging within the town's boundaries, effective January 1, 2000. The proceeds from the tax were to be used by the VLMD for organization, management, promotion, and marketing Vail during the off seasons. Due to the timing of paying invoices and the start up of the VLMD, the town loaned working capital for the VLMD during the year ended December 31, 2001, in the amount of $317,000. According to the 2001 audit report, "the VLMD reserved $317,000 of its December 31, 2001, year-end fund balance in the General Fund for eventual repayment of this amount when the VLMD was able to do so." In 2003, the town forgave $30,000 of the loan for VLMD funding of the Vail Pro-Cycle Tour which was to take place Labor Day Weekend 2004. In 2004, the town was to forgive an additional $50,000 for funding of the Vail Pro-Cycle Tour which was cancelled. The Vail Local Marketing District Advisory Council then came to the town requesting the use of the $50,000 be used for promoting the fall season in Vail since the Vail Pro-Cycling Tour was cancelled and asked that this $50,000 be forgiven from the loan. The request was granted. This brought the loan repayment down to $237,000. In December of 2005, VLMD amended their 2005 budget in order to pay back $100,000 to the town for the loan. The working capital loan provided to the Vail Local Marketing District in 2001 was funded from the Town of Vail general fund and was included in the 2nd supplemental of 2001 under "miscellaneous contributions." Children's Garden of Learning 129 N. Frontage Rd. Vail, Co. 81657 476-1420 December 9, 2005 VIA HAND DELIVERY To the Town of Vail Manager and Town Council: Greetings from The Children's Garden of Learning! As new directors of The Children's Garden, we are pleased to deliver to you a memorandum summarizing the general policies and procedures of The Children's Garden as well as the cu..,..t Parent Handbook. Please do not hesitate to contact us if you have any questions about the materials being delivered. Please advise if there is any further reporting which the Council wishes to obtain from us. We would be happy to send a .,,y.c sentative to any Council meetings on a regular or one-time. basis upon request if that would be beneficial. We also want to notify you that the attorney assisting us has changed, so we want to provide the current contact information of the new attorney for all purposes under the Town of Vail lease. The attorney is Carol Krueger, P.O. Box 9417 (mailing), 5198 Eaglebend Drive (office location), Avon, Colorado 81620, (970) 949-9115 phone, (970) 949-9116 fax, ckrue2er cr,vail.net. If there are any formal communications or requests from the Town under the lease, please contact Carol so that we assure full and timely compliance with your requests. We look forward to working with you in the future! Yours truly, Kathy Reed 4 irector Robin Henzler Director Children's Garden of Learning 129 North Frontage Rd. Vail, Colorado 81657 (970) 476-1420 SUMMARY OF POLICIES AND PROCEDURES December, 2005 This memorandum is being furnished to the Town of Vail in order to provide detailed information about the operation of the Children's Garden of Learning. Additional information about the philosophy and policies of the school may be found in the Parent Handbook, a copy of which is also included with this Memorandum for further reference. 1. Who are our kids? Our program includes toddlers and preschoolers, toddlers being 22-33 months old, or 24 months old by September 1 of the year of enrollment. Preschoolers are age ranged from 3-5 years old, being 3 years old by September 1 of the enrollment year. Children will graduate the June before they enter kindergarten. Toddlers move up to the preschool in June (after 1 year in the toddler program) and take the graduates' places. 2. What standards do we meet? The school is licensed through the Colorado Department of Health and Human Services and follows the minimum standards set by the State. Teacher to child ratios are met in accordance with Colorado State licensing Regulations, which are 6/7 toddlers per teacher, and 1 assistant; preschool is 7/8 preschoolers per teacher, and 1 assistant helps 4 teachers. The Directors of the Children's Garden of Learning are members of the National Association for the Education of Young Children (NAEYC). After 1 year of operation in our new facility, we will be applying for National Accreditation through the NAEYC, but this accreditation may be difficult to achieve with the size of the facilities and the minimum capacity requirements of the CGL lease with the Town. CGL will advise the Town of the results of the accreditation process, at which time the Town can evaluate whether the accreditation is important enough to the Town to amend the lease requirements. 3. When do we operate? Both toddler and preschool sessions begin in June of each year and end in June of the following year. This timing allows child... who are graduating to ,oll in summer camps and meet with other children who may be in kindergarten with them. This timing also allows families to stagger their school schedules to allow for adjustment by each child as they start at dif ,,.,,..t schools. Children on the waitlist may enroll during the year if space becomes available. Children's Garden of Learning hours of operation are 9:004:00, with a.m. extended hours offered from 7:30-9:00, and p.m. extended hours offered at 4:10-5:30 p.m. The typical child is enrolled on either a Tuesday/Thursday schedule or a variation of a Monday/Wednesday/Friday schedule. We do recognize that it is often necessary for both parents to work full time so children may enroll in Children's Garden of Learning 5 days a week provided that the necessary space is available at the school. However, early childhood experts maintain that most children function optimally when they attend school less than 30 hours a week. Consequently, we assess each child's social and emotional well being and work with parents to adjust the schedule of any child whose school scheduling seems to be compromising the well-being of that child or the child's classmates. Any child at the appropriate age may attend vided the school can meet the needs of that child. We reserve the right to review our ability to serve each child within the framework of the classroom and curriculum. We may not be able to serve all children with special needs; however we will comply with the American Disabilities Act and embrace the opportunity to work with all children. 4. What are the admission procedures? Enrollment in the program is granted without discrimination in regards to sex, race, color, creed, or national origin. All children attending Children's Garden of Learning are required to receive age-appropriate immunizations as recommended by the Colorado Department of Health. To put a child's name on our waitlist, parents may contact us through e-mail, the address of which is on our website, or call us by phone with their interest. Questions are answered as quickly as possible by a staff member or a Director. A tour of the school may be set up where additional questions can be answered. At the time of initial contact by a parent, CGL collects information regarding the child's name, birth date, physical and mailing address of residence and employment, phone number and any other information helpful for recording on our waitlists. Certain of this inf....ation has only been required since the CGL lease specified certain priorities to be given to Town residents and employees, so updating the waitlists which were started many years ago took a lot of work and time. However, the updated waitlists have been finished to the Town and will continue to be furnished to the Town as requested. In accordance with the CGL lease with the Town of Vail, classes are filled from the names on the waitlists on the basis of the following priorities: a. Vail residents b. Families with major employment in Vail C. Students who are siblings of current or former students at CGL d. Students of CGL faculty e. Eagle County employees f. Eagle County residents CGL waitlists for the toddlers and preschool are prioritized on this basis in accordance with the Town lease. Enrollment for the June sessions begin in March of each year. Parents are contacted when an opening occurs, and arrangements are then made for the child to attend. CGL has extensive waitlists for current classes and future classes (2009 and beyond). The names of over 400 children and families are on these lists. 5. What happens after a child is enrolled? Once a child is enrolled at CGL, he is welcome to remain enrolled until graduation age. This assures that each child will receive continual education that is "form fitted" to their needs and development. Earmarks of high quality early childhood programs include continuity of care, environments that encourage secure attachment and low staff turn over, and parent involvement. Education and families would be disrupted if a child had to find a new school each year. Many children have been on waitlists for all schools in the valley since conception, and so the school could not operate and would not be desirable to families if there was a possibility of displacement due to a change in job or residence. Building secure attachments between children and caregivers, and caregivers and parents, is perhaps one of the most important and widely publicized components of early childhood education. Secure bonds that take place between children and caregivers have been linked to later student achievement and healthy attachment: Furthermore, studies indicate that when teachers continually experience a turnover in students, they are more likely to become desensitized to bonds with children and more likely to leave the profession. We believe that continuity of care is a valuable strategy that raises the level of quality by encouraging warm, responsive, long-term relationships between staff and families. Town of Vail residents and employees are not negatively impacted by this enrollment practice since Vail priority families on the waitlists not having special requests have almost all been offered enrollment after one year of operation with the new priority system. CGL will be able to continue enrolling families that live and work in Vail without displacing cup,mnt students. NAEYC revised accreditation standards in 2004, and the standards indicate that pro~~,s must take steps to assure secure attachments through practices such as continuity of care. The predecessors of Children's Garden passed the torch to all of us with sound practices in place to support high quality early childhood education, and we thank the Town of Vail for helping us to help children! CHILbREN'S GARDEN OF LEARNING: AN EARLY CHILbHOOb PROGRAM IN VAIL, COLORAbO. My signature below verifies that I have read this entire parent handbook and that I fully understand and agree to the center's policies and procedures. Parent's signature Date "Please return after signing and give to the director for your child's file. All forms must be complete and turned into the director before your child may attend Children's Garden of Learning. Check list of documents to return: 1. Emergency card 2. Medical report signed and dated by a physician 3. Immunization card (current) 4. Medical Consent 5. Permission form 6. Sunscreen permission form 7. Parent contract 8. New enrollment form 9. General information form- History 10. Signed Parent Handbook page (this page) 11. FundraisingNolunteer Obligations 12. All required registration fees and first month's tuition payment 1 VISION STA i tMENT Children's Garden of Learning Vision Statement Every child, parent and teacher at Children's Garden of Learning will discover joy on the path of learning as they nurture, lead and challenge one another in a creative, natural environment. MISSION Children's Garden of Learning Mission Statement Children's Garden of Learning will create a partnership with parents and the community to continuously guide and nurture children's learning through: • A safe and supportive environment • Individuality and open expression • Continuous dialogue and collaboration • Active hands-on learning • Documentation of learning • High quality early childhood education, through Developmentally Appropriate Practice. In addition, Children's Garden of Learning intends to obtain NAEYC Accreditation once in the permanent location. 2 CHILbREN'S GARDEN OF LEARNING: AN EARLY CHILbHOOb PROGRAM IN VAIL, COLORADO. Welcome to Children's Garden of Learning. We believe early childhood is a special time of growth, development, and formation of character and ability. We want Children's Garden of Learning to provide the best possible experience for your child and your family. At Children's Garden of Learning you will find wonder and discovery evident in all we do both inside and outside. We hope the information in this handbook and the programs we have developed will meet your needs. Let us know throughout the year how things are going and about any ideas you may have. Sincerely, Children's Garden of Learning Directors Parent Advisory Board Children's Garden of Learning is guided by a Parent Advisory Board that is comprised of parents that work closely with the Director, teachers, families and the community to set and implement goals and policies for Children's Garden of Learning. The Parent Advisory Board meets once a month. All regular sessions are open to the public and parents are invited to attend. To add an item of business to the agenda, contact the President of the Board at least one week before the meeting. The names and telephone numbers of Board members are posted at school. Note From the Parent Advisory Board Welcome to Children's Garden of Learning! Your child has entered a truly wonderful school; we feel lucky to have you and your children here to join us. Parent participation is an integral part of our school. We believe that your interest and participation in Children's Garden of Leaming will be the first step towards your child's success throughout school. Your interest and help are vital to Children's Garden of Leaming's quality and operation. If you have any questions, thoughts or suggestions and want to share them with a Board member, please feel free to call any of us. (Members names and telephone numbers are provided on a separate handout). The Board includes parents of children in the toddler program as well as parents of children in the preschool rooms, so we should be able to answer questions and help in many ways. Once again, Welcome! Children's Garden Parent Advisory Board 3 CHILDREN'S GARDEN OF LEARNING PARENT HANDBOOK. WELCOME! This handbook will guide you through the admissions procedure, and provide answers to questions you may have throughout the year. We schedule at least one visit for new students and their parents to become acquainted with the program prior to enrollment. This visit allows the parents and child to observe the program, teachers and other children. Visiting children are encouraged to engage in play. The visit usually lasts thirty to sixty minutes. Prior to your child's first day of school a home visit will be scheduled by one of the team teachers. We believe the home visit is a special part of our program because it allows your child to see that his/her teacher is a welcome guest in your home. During the visit, the teacher will focus on your child and getting to know your child's interests. The home visit lasts a.., ,..,.~imately one hour. WAYS PARENTS CAN BE INVOLVED At Children's Garden of Learning we value parent involvement. We take pride in encouraging continuous dialogue and collaboration between the teachers, children and parents. Through parent participation, we maintain high quality programs and stay within our budget. When you participate in your child's school, you foster a sense of belonging and community and your child knows that you value their educational experience. There are many ways in which we encourage parental involvement. You will receive credit toward your required annual volunteer hours (see pg.7) for participating in the following activities: • Serving on the Board of Directors. • Donating time to spruce up the schools and F,,,.;,,.are the outdoor area for the summer (family workdays and picnics). • Lunch aiding and playground assistance- • Substituting. Parents who are qualified are welcome to be trained and work in the classrooms. • Painting and fix it work. Our standards are high. We believe children deserve to spend their days in beautiful, safe environments and it takes work to keep it up! • Gardening and landscaping. • Joining us on fieldtrips, including the Month of the Young Child parade. • Serving on the Fundraising Committee. • Participating in any fundraising event. • Help with Casino night. • Bringing snack to your child's classrooms. To receive credit for your volunteer hours, you must log your hours on the volunteer hour sheet in your child's folder. 4 Each parent is also asked to participate in the school in the following ways: • Bring healthy snacks. • Chat with your child's teachers before and after school. We expect all parents to take an interest in what their child is doing at school. • Reading and writing in journal notes. This is a two-way communication system. We want parents to share their feelings, questions, etc. with the teachers and the teachers will tell you about your child's day at school. We gather information about each child via professional observation techniques. • Watching digital slide shows at the end of the day. We want you to be like a fly on the wall and see what your child's day was like. • Evaluating the program and staff annually. This is required for NAEYC accreditation, but most of all we want to continue to improve and you can help us with your feedback. • Donating natural and found materials that enhance our creative project work with children. AFFILIATION The Directors of Children's Garden of Learning are members of the National Association for the Education of Young Children (NAEYC). Once we are in our new location for one year, we will once again be eligible for, and pursue accreditation. The State of Colorado and the Town of Vail license Children's Garden of Learning. The directors and many of the teachers participate in the Colorado Association for the Education of Young Children. CURRICULUM The staff at Children's Garden of Learning have spent much time exploring curriculum theory. We have consulted with experienced professionals, visited many nationally accredited programs and researched much curriculum literature. The curriculum at Children's Garden of Learning is dynamic and ever changing. Our curriculum will continue to grow and change along with the most up to date early childhood research. Child devel. p...ent theorists like Piaget, Dewey, Vygotsky and the educators at the Reggio Emila Schools in Italy influence our daily curriculum. The Reggio Emilia arr...ach has inspired us: • To let the children take the lead, guiding the teachers in choosing the classroom environment that is then carefully F- pared by the teachers. • To believe that "Children are strong, rich and capable". "All children have potential, curiosity, and interest in constructing their own learning" (Gandini). • To focus on each child in relation to other children, the family, the teacher, and the community rather than on each child in isolation. Vygotsky has convinced us that we form ourselves through our interaction with peers, adults, and things in the world around us. • To foster children's intellectual devel. p ..ent through a focus on r.;q ;.sentation using a variety of different avenues: words, movement, drawing, painting, building, sculpture, dramatic play and music. Children have access to many materials in order to discover and communicate what they know, understand and wonder about. • To design and use physical space to encourage encounters, communication and relationships. Every corner and every space has an identity and a purpose, and is valued 5 and cared for by children and adults. Children deserve beautiful spaces in which to spend their days. • As teachers to work with the children as a partner, nurturer, and guide. Together, teachers and children will explore long and short-term projects. • As teachers to constantly listen to and observe the children in order to discover what intrigues the children at that point in time. Teachers will use this knowledge to plan the curriculum, prepare the school environment and proceed with their teaching. • To engage in continuous discussions with each other, the children, and the parents in order to extend children's learning. Teachers see themselves as researchers, r.,.raring documentation of their work with chills,... This docum"riaLdon serves many purposes; it makes parents aware of their children's experiences and allows the teachers to better undc,..,tand children. Documentation helps teachers evaluate their own work and exchange ideas with other educators. Documentation also shows children that their work is valued. ENROLLMENT and RATIOS Children's Garden of Learning's enrollment shall be open to children in the following age groups: • Toddlers (22-33 months). There is a maximum of 6/7 toddlers per classroom and a ratio of 1 teacher to 6/7 children plus an assistant teacher. • Preschoolers (3-5 years). There is a maximum of 15 preschoolers and a ratio of 1 teacher to 7/8 preschoolers plus an assistant teacher that floats between the rooms. Both the preschool and toddler sessions will begin in June of each year and end in June of the following year. Children will graduate the June before they enter Kindergarten. Toddlers move up to the preschool in June (after 1 year in the toddler program) and take the graduates places. Children on the waitlist may enroll during the year if a space becomes available Classes are filled from names on the waitlist on the basis of the following priority: a. Vail residents b. Families with major employment in Vail c. Students who are siblings of cu..,..t or former students at CGL d. Students of CGL faculty e. Eagle County Employees f. Eagle County Residents Children may enroll in Children's Garden of Leaming fi.,... one to five days per week. Early childhood experts maintain that most children function optimally when they attend school less than thirty hours per week. However, we recognize that it is often necessary for both parents to work full time. Consequently, we accept full time applicants provided the necessary space is available at the school. We will assess each child's social and emotional well being, and will work with parents to adjust the schedule of any child whose school schedule seems to be compromising the well being of that child or the child's classmates. Any child the appropriate ages may attend, provided the school can meet the needs of that child. We reserve the right to review our ability to serve each child within the fi...ework of the classroom and curriculum. We may not be able to serve all children with special needs, however we will comply with the American Disabilities Act and embrace the opportunity to work with" all children. Enrollment in the program shall be granted without discrimination in regard to sex, race, color, creed or national origin. All children attending Children's Garden of Learning are 6 required to receive age-appropriate immunizations as recommended by the Colorado Department of Health. Revised: 11/30/05 REGISTRATION and FEES An annual non-refundable registration fee (per child) and an annual volunteer hour deposit (per family) are payable at initial enrollment and prior to the beginning of each subsequent school year, see Appendix A "tuition and fees", for specific amounts. Volunteer hours can be "worked off' at an hourly the rate of $15.00 per hour by participating in activities outlined in "ways parents can be involved" on pg. 4. Each family must complete their volunteer obligation by April 25 of each school year. If the volunteer obligation was not met by April 25, a charge equal to the amount of unworked hours will be applied to the May tuition statement. A childcare deposit equal to one week's tuition must be paid prior to enrollment. The childcare deposit is refundable if Children's Garden receives one month's notice prior to withdrawing from the program. TUITION Tuition rates are determined by our budget and are based on twelve equal monthly payments necessary to meet the school's monthly expenses. Monthly tuition rates are not adjusted for the number of school days or school closures in a particular month. Tuition may increase based on the cash flow needs of the school. If an increase in tuition becomes necessary, each family will receive notification 30 days prior to the increase. Children's Garden prefers to e-mail invoices to avoid "cubby confusion" and paper waste. Please make sure the directors or our accountant receives your e-mail address. Please inform a director if you do not receive your invoice via e-mail by the 5b of the month. Families are expected to pay tuition whether or not they receive a monthly invoice. Tuition may be left in the tuition box located next to the sign in sheets or mailed to the school. Children's Garden 129 North Frontage Rd. Vail, Co. 81657 It is impo,,at ve that you pay your tuition on time so that Children's Garden of Learning can pay your child's teachers. If tuition is not paid by the 5 b of the month, an automatic late fee of 10% of the outstanding amount will be added to Sour bill. A late fee of 10% will continue to be charged on any unpaid balance on the 6 of each month. If tuition is not paid within forty-five days after the beginning of the month for which it was due, your child may be disenrolled fi,,. Children's Garden of Learning and the school may initiate legal action or any other legal remedies to collect the outstanding tuition. To be readmitted to the school after disenrollment, you will be required to pay all outstanding tuition before we place your child's name back on the waiting list. If your child is readmitted, you will be required to provide a security deposit equal to one month's tuition and to pay the registration fee and volunteer hours fee. To prevent your child from being disenrolled in the event of a short-term problem with paying tuition, please speak to 7 either director about establishing a payment plan or other arrangement for paying tuition. Revised: 11/30/05 HOURS AND CLOSURES Children's Garden of Learning operates from 9:00-4:00. For those in need of a longer day, we offer extended hours at an additional cost (see Appendix A). These spaces are reserved for those whose employment hours do not permit a 9:00 drop off or 4:00 pick-up. In the morning, extended hours are from 7:30-9:00, this will be a cozy quiet time. In the evening extended hours are from 4:10-5:30. We will offer activities to help the child.,,.. wind down for the transition from school to home. For board art,.., Jed school closures, please see school closure sheet. PICK UP AND Drop-Off Parents must sign their child in and out daily. Children must be picked up from the center no later than 4:10PM unless enrolled in the extended hour program. Children in the extended hour program must be picked up by 5:30. Please be respectful of the teacher's time and personal lives. A late fee of $5 for every ten minutes late will be charged at the time the child is picked up, paid (at that time) to the teacher in attendance. If the child is not picked up by 5:45PM, we will call the parents. If both parents are unavailable, we will call those parties who have been listed by the parent/guardian as emergency contacts and those authorized to pick their child up from school. According to the state licensing guidelines, if we are unable to contact an authorized person to pick up the child, we must contact the Vail Police Department and/or Eagle County Social Services. Children will only be released to parties who have been listed by the parent/guardian. A phone call is not sufficient, written authorization of all F ,.,ons picking children up is required. We encourage parents to update the release lists often to include carpools, classmates, etc., to provide maximum flexibility for pam..w. ABSENCE POLICY If your child will not be attending school for any reason, please notify the school. If the absence is planned, please write your child's name on the vacation calendar located on the bulletin board in each classroom as soon as possible. If the absence is unplanned, you must notify the school by 8:30 am to qualify for a make-up day. Make-up days are only permitted for families that are up-to-date on tuition payments, and each child is limited to three make- up days per year. Make-up days can only be scheduled in advance if Children's Garden is aware of a pre-planned absence, which has created a vacant space. The decision to schedule a make-up day depends on the sole dis..."on of Children's Garden staff. We will try to allocate make-up days fairly among the students, but due to limited space it may be difficult to get make-up days. It is not guaranteed or promised that each child will be able to have 3 make-up days. At the end of the school year, accumulated but unused make-up days are forfeited. 8 DISCIPLINE At Children's Garden of Learning we use several guidance strategies such as redirection and natural and logical consequences. The staff is always ready to work with a parent to form a co-operative plan in the best interest of the child. Our goal is not to punish, but to encourage and guide children to make the right choices. We believe that by empowering children, we are fostering an increased level of self-esteem. We redirect negative behavior and encourage children to engage in constructive activities. To support the development of empathy, we encourage children to think of ways they can help the child they upset feel better, for ex: Draw them a picture, or offer a favorite toy. By supporting problem solving skills and providing a nurturing environment, children effectively and respectfully learn fivin conflict. GENERAL HEALTH GUIDELINES Young children frequently become ill. Toddlers and preschoolers experience a yearly average of 6 respiratory infections (colds) and can expect one to two gastrointestinal infections (vomiting and/or diarrhea) each year. Deciding whether to keep your child at home can be difficult. It is important for parents and caregivers to discuss what observations have been made and agree on a plan of action. Please contact Children's Garden of Learning when your child is ill and describe the illness. If a specific diagnosis is made, e.g., strep throat, conjunctivitis, chicken pox, etc. let the facility know so other families can be alerted (we will not release the names of ill children, only the illness). A parent, legal guardian, or other person authorized by the parent will be notified when a child has a sign or symptom requiring exclusion the facility as described below: 1. The illness prevents the child from participating comfortably in all school activities. 2. The illness results in a greater care need than the child care staff can provide without compromising the health and safety of the other children and/or 3. The child has any of the following conditions: • Fever and signs of illness. • Lethargy, i.?.labdity, persistent crying, difficult breathing, wheezing, or other signs of possible severe illness. • Diarrhea that is not contained in a diaper, or diarrhea with signs of illness (fever or vomiting) or stools that contain blood or mucus. • E coli or shigella infection, until diarrhea resolves and 2 stool cultures are negative. • Vomiting illness (two or more episodes of vomiting in the previous 24 hours) until vomiting resolves or until a health care provider determines the illness to be non- communicable and the child is not in danger of dehydration. • Mouth sores associated with drooling, unless the health care provider has determined this is not a communicable disease. • Purulent conjunctivitis (pink eye with white or yellow discharge, eye pain, redness of eyelids) until examined by a health care provider and approved for readmission, with treatment. • Impetigo, until 24 hours after treatment. • Strep throat, until 24 hours after treatment. • Head Lice, until after first treatment.. • Scabies, until after treatment has been given. 9 • Chickenpox, until all lesions have dried and crusted, usually 6 days. • Pertussis (whooping cough), until 5 days of antibiotic therapy has been completed. • Other infectious diseases such as mumps, measles, and Hepatitis A (consult with your local health department). • Any communicable or contagious illness. If a child becomes ill during the day, he/she will be separated from the other children and provided with a quiet, comfortable area to rest until a parent/guardian is able to pick them up. Medications The following requirements must be met before we can administer medication to your child. • Written authorization fi.,... your health care provider. • Parent written authorization. • Medication in the original labeled container. • Medication permission form completed by health care provider. 1. All prescription and non-prescription medication given at Child.,,r.'s Garden of Learning require a written authorization from your health care provider, as well as parent written consent. This is a childcare licensing requirement. The medication authorization forms are available in our office. 2. The instructions from your health care provider must include information regarding the medication, reason for medication, the specific time of adminioitadon and the length of time the medication needs to be given. All medication must be brought in the original labeled container. Note: Medication prepared in a baby bottle or child's cup may not be left with the program staff. Vitamins are considered like any other medication, please do not leave them with your child. 3. In accordance with state regulations, by January 1, 2003, program staff involved in medication administration will have received special training and will be under the supervision of a nursing consultant. 4. Program staff are not authorized to determine when an "as needed" medication is to be given. Specific instructions are necessary. For children with chronic health conditions, this can be determined in collaboration with the consulting registered nurse. All medications must be stored in the lock boxes in the refrigerators. Upon arrival, please give any medications directly to a director. Please do not place any medications in your child's bag or lunch box. State regulations require us to keep a written medication log for each child. This log is a part of the child's records. The log must contain the following: • Child's name. • Name of the medication, dosage and route. • Time medication is to be given. • Special instructions. • Name and initials of the individuals giving the medication. • Notation if the medicine was not given and the reason. 10 We are prohibited by law to give a child homeopathic medicines. All over the counter medications must be prescribed using the above procedure to be administered. REPORTING OF CHILD ABUSE Children's Garden of Learning shall report instances of suspected child abuse. This is not only our policy, but also state law. Eagle County Health & Human Services (970) 328-8840. Specifically, the statute reads as follows: 19-10-104 C.R.S. 1973 as amended, "...Any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediately report to the county department or local law enforcement agency." Subsection (2) includes: "(m) Social worker or worker in a family care home or childcare center...." Further, 19-10-110 C. R. S. 1973 states,"Any person participating in good faith in making of a report or in a judicial proceeding pursuant to this title will not be held responsible. " FIELD TRIPS Parents will always be notified before we go on field trips. Child/adult ratios will be met according to the State of Colorado requirements. Children will be actively sx.FQ. Wised at all times. An accurate itinerary will remain at the school. While on a field trip, the staff will have with them the following information about each child: name, address, and phone number of the child's physician or other appropriate health care professional and the written authorization from the parent or guardian for emergency medical care. A list of all children and staff on the field trip will be kept at the school. VISITORS All visitors must check in with staff and sign in the visitors book when they enter the building. PARENTS AND GUARDIANS Parents or guardians are welcome any time. However, keep in mind that the children are the teachers' priority. Teachers may not be available for extended conversations or conf;,l; llces. Please feel free to schedule an appointment with your child's teacher or the director if you would like to talk. UNAUTHORL&cD VISITORS Unauthorized visitors are persons not identified on Children's Garden of Learning's registration form by the parent or guardian as authorized to pick up the child av- Children's Garden of Learning. If an unauthorized person visits a child at Children's Garden of Leaming, the following will take place: • A call to the guardian of the child will occur. • If harassment occurs, a call to ask for police assistance will be made. 11 Staff has been instructed that under NO CIRCUMSTANCES will unauthorized persons be allowed to take a child from Children's Garden of Learning. Please be sure to keep each child's emergency card updated to avoid any car pool or pick up problems. PROCEDURES FOR CARING FOR A CHILD WHO ARRIVES LATE UNDER STATE LAW, it is the responsibility of the parent or individual transporting the child to sign-in/out the child in the school building. In the event that the staff is not in the building, i.e., travelling on a field trip, a sign will be posted on the front door stating the time of departure, destination, and at v.,,,dmate time of arrival. The parent or individual transporting the child may choose to meet us at our destination, wait for our arrival, or continue to care for the child for the remainder of the day. Children's Garden of Learning must be notified of the child's absence. PERSONAL BELON6INGS Each child has a personal storage space (cubby) assigned to them. We strive to give children responsibility they can handle in order to build their self-esteem and self help skills. "Do your jobs" is our way of saying, "We know you can put your belongings in the right place and we trust you". When you arrive, it is your child's job to put his/her things in the apF.,,priate places. With a little direction, this will become routine. Cubbies are not secure; we cannot be responsible for any valuables. WHAT TO BRING Send your child to school in comfortable clothing that can take the hazards of preschool life. We go outside everyday, excluding downpours and gale force winds. Be .,,,,ared for changes in our mountain weather. Remember that we have messy fun at Children's Garden, so please send vour children in school clothes that can eet dirty. Please remember the following: (All labeled) • Lunch. • A sleep bag with a crib sheet for their sleep mat, a blanket, and any comfort items your child normally sleeps with. • 3 diapers (if appropriate). • Bottles (if arr•~,r.:ate). • Full set of extra clothes, including socks every day! • Sweater or jacket. • Journal (Each child is given a journal in which his/her teacher will write each week. We encourage parents to use the journal as a two-way communication between home and school. Teachers love getting feedback fi.,,,, their notes and observations. Journals become treasured keepsakes of your child's early growth and development, as well as being exciting news to read each day). When the snow flies, we request that you attach hats, mittens, neck gaiters, and goggles to your child's coat or snowsuit. Mittens & gloves are only useful if they are comfortable and the child can manipulate them. It is helpful to try on snow clothes before they are necessary. Practice putting snow clothes on and walking around in ,,,.6. layers and boots. On cold and snowy days your child will also need: coat, snow pants, snow boots, hat and gloves. 12 Tovs from home: Except for toys needed for nap or toys that contribute to the curriculum, we ask that you leave your child's toys at home or in the car. Toys brought to school are often lost, broken, fought over and coveted. The children become distracted by toys from home and are unable to participate in many activities planned for their day at school as a result. MEALS, SNACKS AND SUPPLIES Parents provide the morning and afternoon snack on a rotating basis. We serve nutritious snacks with low or no sugar. Daily snack signs will be posted in each classroom for the children and parents to read. We serve water with snack and lunch. We request that parents sign up to bring snack for 30 on an average of once a month. There is a sign up sheet in each classroom. Please think of nutritious snacks. Fruit, cheese, bagels, popcorn and muffins are all easy and popular snacks. It is fun for your child if you include him/her in your choice and preparation. Some children cannot handle sugar or treats with artificial color. It is our responsibility to promote healthy eating habits to our children. For the good health of all the children we have a firm policy: suLyarv snacks will not be served to the children. We will post a sign in each classroom and in the kitchen listing any food allergies or special food issues a child might have. About birthdays: Please feel free to sign up to bring a birthday snack in advance. Birthdays are special times and we enjoy celebrating them at school. Again, we ask that you think of nutritious goodies. Fruit salads, nutritious muffins, yogurt cakes and carrot cake (without icing) are very festive. We will not serve anything with icing! Party time is from 3:50-4:10. Please plan your activities with your child's teachers. Sunnlies. We request that each student bring a bag of supplies to the school during the month of his or her birthday. The Directors will prepare a wish list and put it in your child's cubby. This helps the school stay within its budget and prevents our supply closets from overflowing at the beginning of the year. ON SAYING GOODBYE Don't rush separating from your child; engage your child in a simple routine such as unpacking their backpack and hanging up their gear for the day. After you and your child complete your jobs, encourage good bye rituals; for example, give your child a hug and a kiss, tell them you love them and you will see them after nap. Parents are encouraged to look around the classroom and see what we're up to. Ask your child about the documentation on the walls, what's in dramatic play, or where they would like to start their day. Feel free to play for a while before your departure! If your child is having difficulty separating from you, you can help him/her greatly by validating her/his feelings. A child is able to let go more easily if their feelings are understood. Reflective comments such as these might be helpful: "I understand that you want to be with me and it's hard to let go", or "You and I spent so much time together this weekend, I know it's hard' for you to be away &,Y.. mommy right now". If you are concerned about your child after your departure, please feel free to call and find out how he or she is doing. GOODBYES FROM SCHOOL 13 Before leaving school at the end of the day, take a few minutes to review your child's day by reading daily class notes and checking out documentation and projects in the classroom. Give your child opportunities to recall some events of their day; this will help their developing mental activity, awareness, sense of belonging and cognition. PARENT INFORMATION We have a lot of information to share with each other about children, parenting and our community. There are bulletin boards located in all classrooms for posting notes, requests and events. We have boxes of articles and a large library on many topics including: child development, discipline, family problems and health to name a few. Feel free to L.., Wse and to borrow whatever seems helpful. A Director will write a newsletter every couple of months and we arr,.,;,ciate suggestions of devel.,P...ental information you would like to know more about. Remember to use your child's journal as a communication tool with teachers; we love to hear from you! If you would like to speak about your child, a concern, or the program please schedule an appointment with the appropriate person. We welcome your ideas and comments. Please help us keep lines of communication open. We are working toward a common goal- the well being of your child. DIAPERING AND Pv i i vf LEARNING In accordance with Social Service regulations, we practice vt..per hygiene and procedures when we change diapers. Toilet learning is part of being a toddler. Children's Garden of Learning staff will work with you and your child when it is time for them to use the toilet. We believe the procedure will go smoothly when the child is ready. We will help children get into the habit of frequent hand washing before meals and after diapering and toilet use. EMERGENCY PROCEDURES Periodically, your child will participate in an Emergency Evacuation Drill at Children's Garden of Learning. We encourage you to discuss the :,.~r:.?ence with your child when he/she tells you about it. Also, we conduct scheduled monthly fire drills at Children's Garden. If a disaster occurs while your child is at school, we urge you to follow the following procedures: 1. Community disasters will be reported on the radio. Be sure that your family has a battery-operated radio. Listen for instructions. 2. Be assured that the teachers and other school staff will give your child any emergency care needed. We will keep them at school, if at all possible. If emergency personnel direct us to take them elsewhere, we will stay with your child until you are able to pick them up. STAFF EMERGENCY PROCEDURES 1. Alarm will be activated. 2. The assistant calls the emergency 911 number. 14 3. Class immediately follows teachers outside using the doors closest to each room and then away from the building. Each classroom teacher will carry out his or her attendance sheet to take roll. 4. One teacher in each classroom is responsible for checking the bathroom in their room; then they close the classroom doors and follow the rest of the group. Each teacher will take roll. Upon completion of roll call and when the environment is safe, the teachers will signal to return. The toddler teachers will lead their children back into the school first. The preschool classes will follow. 5. The adults and children will return to the classroom by the same route they exited. 6. Teachers will be available to calm the children and for discussion. CONFERENCES Formal conf.,r.,..ces are held in January for both preschool and toddler classes. Chil.l.....'s Garden will be closed during the two-scheduled conf~.,,..ce days. Parents are an important part of conferences and can help by communicating questions and concerns before conferences so their child's teacher can be better r. QFared with pertinent information. Anytime you have special questions or concerns, let your child's teacher know. We can set up a time to discuss them by telephone or in person when your child is not present. GRIEVANCE PROCEDURES It is our sincere desire to partner with our parents in the all-important tasks of guiding young children. In the event that you, as a parent, are experiencing difficulty with the program or a member of Children's Garden of Learning staff, we offer the following procedures intended to result in a speedy and healthy resolution of any problems: 1. If at all possible, try to resolve any diff..'..ces with the staff directly. 2. If you are not comfortable about arv.~,aching a staff member, please contact a Director about your concerns as soon as possible. 3. If you choose to remain anonymous, the Director will address your concerns with the appropriate staff member. 4. If, after an agreed period of time, you still do not feel that issues have been resolved to your satisfaction, you may request a Board hearing. If you are experiencing a concern about the pror.«...: 1. Notify a Director immediately. 2. You may contact a Board member and he/she will speak with the Directors. 3. You may request that the issue be placed on the agenda for the next Board meeting. Rer,.Qlttably, there may come a point at which a conflict cannot be resolved amicably. At that point, Children's Garden of Learning reserves the right to disenroll a child fi.,m the program; a right, which the parents also have. If an action by a parent towards a staff member, child, or other parent is determined to be abusive by Children's Garden of Learning, that parent will be subject to immediate dismissal. COMPLAINTS ABOUT CHILDREN'S GARDEN -OF LEARNING Complaints about Children's Garden of Learning shall be handled in the following manner: 15 A. Complaints may be made to the Colorado Department of Social Services at the number in the handbook. This may be made by telephone, letter, or personal interview. Complaints received in written form or statements signed by the complainant are preferable. However, if this is not possible, the complaint received by telephone will be read back to the complainant to be sure that the content of the complaint is accurate. Complaints, which involve the safety of children in care, shall be investigated even if the complainant desires to remain anonymous. In the case of other types of complaints, only those complaints in which the complainant identifies him/herself to the Department will be investigated. B. An unannounced visit to Children's Garden of Learning will be made by the licensing specialist to investigate the complaint. The c.....i,laint will be discussed with the parent, directors and/or ov;,,&tor or governing body of the facility or agency. C. A written notification will be sent to the parent, operator, governing body and/or Director documenting the complaint, and the investigation, summarizing the conversation with the person in charge at the time of the investigation, and listing items of Noncompliance if found during the investigation. D. The complaint, the investigation report and the copy of the written notification will be kept in the Department file. Action to revoke or suspend a license will be taken in compliance with 24-4-104, C. R.S. 1973 and 26-6-108, C.R.S. 1973, as amended. E. At the request of the complainant, the licensing specialist shall report to the complainant about the investigation that has been made. Licensing Specialist Sharon Kelly 1575 Sherman Street Denver, Colorado 80203-1714 (303) 866-5958 or (970) 879-1948 16 MEMORANDUM TO: Town Council FROM: Timber Ridge Affordable Housing Corporation DATE: December 20, 2005 SUBJECT: Monthly Reporting Requirements Attached please find the October, 2005 Timber Ridge Village Income Statement, Variance Report, Balance Sheet, and Projected Cash Flow report. There are no weekly management reports as all of the units are leased and there is no leasing activity. The 2006 Timber Ridge Village Operating Budget is also included. This budget was approved unanimously by the TRAHC Board on December 6, 2005. This is provided to Town Council per the reporting requirements agreement. TIMBER RIDGE AFFORDABLE HOUSING CORPORATION Updated 12r1J05 PROJECTED CASH FLOW SEPTEMBER 2005 THROUGH DECEMBER 2006 Actual Actual Actual Se p-05 Oct-05 Nov-05 Dec-OS Jan-OB Feb-06 Mar-06 Apr-0 May-06 Jun-06 Jul-06 Auo-06 Sep-06 Oct-06 Nov-06 Dec-06 INCOME Unrestricted Cash Balance $420,788 $262,001 $284,590 $146.341 $30,433 $29,559 $94,800 $149,123 $145,977 $210,153 $228,607 $223,112 $145,509 $196,477 $183,942 $239,593 Rental Income 124,140 159,660 169,349 168,400 172,000 172,000 172,865 171,865 170,105 169,005 169,005 170,105 171,205 172,965 176,440 177,440 Credits for 6 Units not Occupied by (1.075) ITOTAL CASH AVAILABLE $541853 5421.661 5453.939 $314,741 $202433 S201 559 5267.665 5320988 $316.082 $379.158 $397,612 $393.217 $316,714 $369.442 $360.382 5417.033 EXPENSES Operating/Owner Expenses 50,625 30,745 50,739 47,000 48,435 42,342 54,125 49,905 41,512 44,728 48,727 42,807 40,966 45,539 41,519 42,469 LC Fees - Otrly US Bank 0 0 61,357 0 60,023 0 0 60,690 0 0 61,357 0 0 60,690 0 0 Mold Remediation 126,687 45,957 84,952 0 0 0 0 0 0 0 0 0 0 0 0 0 Debt Service: Avg 3.7% Avg 3.65% Avg 4% Avg 4% Est 4.0% Est 4.0% Est 4.0% Est 4-0% Est 4.0% Est 4.0% Est 4.0% Est 4.0 % Est 5.0% Est 5.0% Est 5.0% Est 5.0% Series A Interest - Monthly 59,540 60,369 65,550 64,972 64,417 64,417 64,417 64,417 64,417 64.417 64,417 64,417 79,271 79,271 79,271 79,271 Series B Interest - Semi Annual 0 0 0 42,335 0 0 0 0 0 41,406 0 0 0 0 0 41,406 Series B Principal - Annual 0 0 0 130,000 0 0 0 0 0 0 0 0 0 0 0 140,000 Replacement Reserve Annual pymt 8/05 95,484 Rate Cap Escrow Annual pymt 8/0 45,000 45,000 45,000 TOTAL EXPENSES AND DEBT Rf 281=85! 137 071 g_ J5_gn 28x. 2n7 172,875 1115.754 118,5x2 475y+2 19,5929 150 581 174-501 2,x7,706 120 237 185,500 120.790 303146 MONTHLY CASHFLOW1 (DEFICIT 1158.7871 22-589 (138-2491 11159071 18751 65241 54,323 13.1471 64.176 18;454 (5,4961 177,6031 50.968 112,5351 55.650 1125.7061 FUNDING (DISTRIBUTIONS) 0 0 0 0 0 0 n 0 0 0 0 0 0 0 0 0 ENDING CASH BALANCE 262001 284,590 145,341 id?3 29,559 94,800 149,123 145,977 210,153 228,607 223,112 145,509 196,477 183,942 239.593 113.887 10115.1/15/06 Paying July Int In August 06 NOTE: TRAHC funded the Repl. Reserve & Rate Cap 2005 (2004 pymts have not been made for replacement reserve) and Bond Reserve Fund has not been replenished. Rate Cap Protection at 4% through 7131/06 1 October, 2005 Timber Ridge Village Apartments Income Statement TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending October 31 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 1 OPERATING INCOME 4001 Gross Potential Rent 170,100.00 128,184 41,916 1,309,333.79 :1,281,840 27,494 1,618,908 4005 Vacancies (1,000.00) (4,300) 3,300 (65,494.67) (54,825) (10,670) (54,825) MONTHLY RENT 169,100.00 123,884 45,216 1,243,839.12 1,227,015 16,824 1,564,083 4070 Laundry Income 672.00 1,480 (808) 17,673.37 14,800 2,873 17,760 4085 Miscellaneous Income 0.00 108 (108) 13,463.49 1,080 12,383 1,296 4090 Late Fees/NSF Cbeck Fees 0.00 75 (75) 25.00 750 (725) 900 4120 Rent Concessions (250.00) 0 (250) (7,950.00) 0 (7,950) 0 4125. Employee Apartments/Garage 0.00 (575) 575 0.00 (5,750) 5,750 (6,900) 4140 Relet Fees 0.00 0 0 0.00 1,100 (1,100) 1,100 6117 Bad Debt Expense 37.50 0 38 (6,701.57) 0 (6,702) 0 TOTAL INCOME 169,559.50 124,972 44,588 1,260,349.41 1,238,995 21,354 1,578,239 } TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the.Month Ending October 31 2005 LACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET ] page 2 OPERATING EXPENSES ADMINISTRATIVE 5110 Advertising/Promotion 847.48 150 (697) 2,868.24 1,500 (1,368) 1,800 5120 Auto Expense 1,471.56 285 (1,187) 4,263.47 2,850 (1,413) 3,420 5121 Meals 454.83 0 (455) 1,036.76 0 (1,037) 0 5122 Lodging 0.00 0 0 21.53 0 (22) 0 5125 Marketing Expense 0.00 100 100 688.55 1,000 311 1,200 5130 Credit Checks 57.21 0 (57) .(1.87) 350 352 350 5135 Management Fee 8,369.00 6,249 (2,120) 60,741.55 61,950 1,208 78,912 5140 Office Expense 314.79 350 35 3,015.82 3,500 484 4,200 5145 Printing/Copying 123.77 250 126 2,223.65 2,500 276 3,000 5150 Postage 245.56 125 (121) 1,088.11 1,250 162 1,500 5165. Phone/Fax 902.81 495 (408) 6,438.04 4,950. (1,488) 5,940 5170 Dues/Subscriptions (45.01) 0 45 2,047.91 1,150 (898) 1,150 5175 Banking Fees 15.00 30 15 299.40 300 1 360 TOTAL ADMINISTRATIVE 12,757.00 8,034 (4,723) 84,731.16 81,300 . (3,431) 101,832 _ i PAYROLL 5220 Wages Administrative 6,847.84 6,250. (598) 66,937.05 64,495 (2,442) 76,995 5230 Wages Maintenance 4,564.77 7,952 3,387 70,832.03 90,917 20,085 106,823 5250 Wages Landscaping 2,118.83 0 (2,119) 9,687.52 7,350 (2,338) 7,350 TOTAL PAYROLL 13,531.44 14,202 671 147,456.60 162,762 15,305 191,1681 1 TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending October 31 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 3 REPAIR & MAINTENANCE HVAC/PLUMBING 5315. HVAC - Repairs 0.00 500 500 0.00 5,000 5,000 6,000 5320 HVAC - Supplies 0.00 100 100 0.00 1,000 1,000 1,200 5345 Plumbing Repairs 2,868.35 525 (2,343) 6,239.03 5,250 (989) 6,300 5350 Plumbing Supplies 0.00 300 300 822.90 3,000 2,177 3,600 TOTAL IIVAC/PLU1%/BING 2,86835 1,425 (1,443) 7,061.93 14,250 7,188 17,1001 GROUNDS 5620 Trash Removal 1,321.04 660 (661) 11,453.03 6,600 (4,853) 7,920 5625 Snow Removal 0.00 0 0 10,481.57 6,475 (4,007) 9,250 5645 Pest Control 0.00 0 0 298.98 0 (299) 0 5655 Grounds Equipment 0.00 375 375 (66.17) 1,075 1,141 1,250 TOTAL GROUNDS 1,321.04 1,035 (286) 22,167.41 14,150 (8,017) 18,420 GENERAL REPAIR/AIAINTENANCE 5325 Electrical - Repairs 0.00 50 50 0.00 500 500 600 • 5330 Electrical - Supplies 0.00 50 50 116.49 500 384 600 5365 Alaintenance/Repair Supply 5830 200 142 163.16 2,000 1,837 2,400 5367 Door/R'indow Repair/Maintenance 0.00 100 100 179.08 1,000 821 1,200 5370 Miscellaneous Repairs and Aiaintenan 576.39 75 (501) 3,853.35 750 (3,103) 900 5375 Maintenance Equipment 0.00 0 0 (41.15) 0 41 0 5380 Painting Supplies 5.09 125 120 1,238.60 1,250 11 1,500 5385 Appliance Naintenance 0.00 0 0 68.84 0 (69) 0 5395 Uniforms 0.00 0 0 351.37 800 449 800 5720 Locks 0.00 0 0 1,068.17 750 (318) 900 5760 Other Eire & Life Safety 138.84 0 (139) 3,711.92 1,430 (2,282) 1,570 TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending October 31 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUALI # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET J page 4 TOTAL GENERAL REPAIR/AIAIN' 778.82 600 (179) 10,709.83 8,980 (1,730) 10,470 UTILITIES 5410 Electricity-Common Area 2,743.65 7,938 5,194 27,697.32 67,950 40,253 85,026 5450 Water/Sewer 5,137.67 4,968 (170) 54,765.90 52,180 (2,586) 62,116 TOTAL UTILITIES 7,881.32 12,906 5,025 82,463.22 120,130 37,667 147,142 JANITORIAL 5510 Janitorial - Labor/Contract 0.00 0 0. (930.00) 0 930 0 5520 Janitorial- Supplies e 0.00 125 125 95.00 1,250 1,155 1,500 5530 Carpet/DrapeCleaning 160.00 350 190 998.30 2,100 1,102 2,100 TOTAL JANITORIAL 160.00 475 315 16330 3,350 3,187 3,6001 i OTHER EXPENSES 5830 Property Insurance 5,515.15 5,295 (220) 54,396.44 52,950 (1,446) 63,540 TOTAL OTHER EXPENSES 5,515.15 5,295 (220) . 54,396.44 52,950 (1,446) 63,5401 TOTAL EXPENSES 44,813.12 43,972 (841) 409,149.89 457,872 48,722 553,272 NET OPERATING INCOME 124,746.38 81,000 43,746 851,199.52 781,123 70,077 1,024,967 OWNER EXPENSES 6110 Accounting/Audit 0.00 0. 0 5,800.00 5,900 100 5,900 6151 Remediation 90,211.71 74,000 (16,212) 364,591.42 370,000 5,409 370,000 TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending October 31 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL] # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET - page 5 I TOTAL OWNER EXPENSES 90,211.71 74,000 (16,212) 370,391.42 375,900 5,509 375,900 f INTEREST & MISCELLANEOUS INCOME 8105 Interest Income - Miscellaneous 1,106.22 360 746 7,301.24 3,600 3,701 4,320 TOTAL INT & MISC INCONIE 1,106.22 360 746 7,301.24 3,600 3,701 4,320 CASH FLOW AVAILABLE FOR DF 35,640.89 7,360 28,281 488,109.34 408,823 79,286 653,387 INTEREST EXPENSE 6165 Letter of Credit Fees 61,248.31 61,023 (225) 243,318.75 244,092 773 244,092 6170 Financing Fees (9,895.00) 5,945 15,840 20,585.93 23,780 3,194 23,780 6202 IVIISCInterest Expense 2,125.00 1,250 (875) 18,554.34 12,500 (6,054) 15,000 6205 Interest Expense - Series A 65,550.24 53,166 (12,384) 520,784.63 481,238 (39,547) 590,905 6210 Interest Expense - Series B 7,578.00 7,578 0 75,780.62 75,780 (1) 90,259 I TOTAL INTEREST EXPENSE 126,606.55 128,962 2,355 879,024.27 837,390 (41,634) 964,036 INCOME BEFORE DEPR AND AM, (90,965.66) (121,602) 30,636 (390,914.93) (428,567) 37,652 (310,649) ANIORTIZATION AND DEPRECIATION 6470 Amortizafion 3,586.50 3,587 1 35,865.00 35,870 5 43,044 6480 Depreciation Expense 43,787.17 43,787 0. 437,871.70. 437,870 (2) 525,444 TOTAL AAIORT AND DEPR 47,373.67 47,374 0 473,736.70 473,740 3 568,488 I NET INCOME/(LOSS) (138,339.33) (168,976) 30,637 (864,651.63) (902,307) 37,655 (879,137) TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending October 31 2005 (ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUALI # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 6 CASHFLOW ADJUSTMENTS - CHANGES IN: FIXED ASSETS DEPR. & AMORT. Depr. & Arnort. 47,373.67 47,374 0 473,736.70 473,740 (3) 568,488 DEBT SERVICE PYAITS / ESCRO«'S 1027 Cash - Tax & Insurance Es 45,005.30 0 45,005 0.00 0 0 0 1040 Replacement Reserve Fund (131.86) (7,725) 7,593 (93,299.86) (77,250) (16,050) (92,700) 1091 Rate Cap Escrow (45,020.34) 0 (45,020) (45,020.34) (90,000) 44,980 (90,000) 1120 Debt Service Reserve Fund (42.26) 0 (42) (312.39) 0 (312) 0 1121 Debt Service Reser- e - B (536.83) 0 (537) (2,563.53) 0 (2,564) 0 2080 Bonds Payable - B 0.00 0 0 0.00 0 0 (130,000) 2741 Notes Payable-Townof Vail 0.00 0 0 700,000.00 700,000 0 700,000 RECEIVABLES AND OTHER ASSETS 1300 Accounts Receivable (1,475.00) 0 (1,475) (6,902.01) 0 (6,902) 0 1310 Prepaid Insurance 0.00 0 0 (134.85) 0 (135) 0 1315 Prepaid Expense (10,003.76) 0 (10,004) (10,003.76) 0 (10,004) 0 1325 Allowance for Doubtful Accounts (37.50) 0 (38) 4,870.76 0 4,871 0 OTHER LIABILITIES 2010 Accounts Payable 119,680.38 0 119,680 72,493.16 0 72,493 0 2035 Other Accruals (667.00) 0 (667) (6,670.00) (60,690) 54,020 (60,690) 2050 Accrued Interest Payable 14,884.05 (1,250) 16,134 71,573.57 (12,500) 84,074 (15,000) 2055 Prepaid Rent 40,400.00 0 40,400 127,559.56 0 127,560 0 Secu?-ityDeposits(99.95) 0. (100) (362.36) 0 (362) 0 DISTRIBUTIONS / CONTRIBUTIONS TOTAL CASHFLOW ADJUSTMEN 209,328.90 38,399 170,930 1,284,964.65 _ 933,300 351,665 880,098 NET CASNFLONV 70,989.57 (130,577) 201,567 420,313.02 30,993 389,320 961 TIMBER RIDGE VILLAGE APARTMENTS October, 2005 VARIANCE REPORT OPERATING INCOME: Monthly Rent Monthly Rent is over budget $45,216 because of the additional remediated units available for rent. OPERATING EXPENSES 5120 Auto Expense Auto expense is over budget by $1,187 due to more trips by Joe and Ralph this month than expected.. 5135 Management Fee Management fee is over budget $2,120 due to more units rented then originally anticipated. 5230 Wages Maintenance Wages Maintenance is under budget by $3,387 because of staff sharing with Buffalo Ridge. 5250 Wages Landscaping Wages Landscaping is over budget $2,119 due to temporary help with the remediation. 5345 Plumbing Repairs Plumbing Repairs are over budget by $2,343 because of obstructions in the main lines of buildings M and D. 5410 Electricity Common Area Electricity common area is under budget $5,194 due to more occupied units and buildings shut down because of the mold problem than originally expected. Page 1 TIMBER RIDGE VILLAGE APARTMENTS October, 2005 VARIANCE REPORT YEAR TO DATE TOTAL EXPENSES ARE FAVORABLE TO BUDGET $48,722. YEAR TO DATE NET OPERATING INCOME IS FAVORABLE TO BUDGET $70,077. Owners Expense Interest Expense 6151 Remediation Remediation is over budget $16,212 due to the Town's decision to remediate an additional 44 units. 6170 Financing Fees Financing fees are under budget $15,840 . due to a reclassification of interest expense which should have been accounted for in Interest Expense Series A in the budget. 6205 Interest Expense - Series A Interest Expense Series - A is over budget $12,342 due to the reclassification of interest expense originally booked to Financing Fees in the budget. Page 2 Database: CORUM_MRI BALANCE SHEET Page: 1 ENTITY: TBR Corum Real Estate Group Date: 11/28/2005 TIMBER RIDGE VILLAGE Time: 02:31 PM Accrual Oct 2005 ASSETS Current Assets Cash 435,114.92 Restricted Cash-Security Deposits 17,551.18 CASH TRUSTEE ACCOUNTS Replacement Reserve Fund 184,112.13 Series A Bond Fund 0.48 Rate Cap Escrow 45,020.34 Debt Service Reserve Fund 17,788.03 Debt Service Reserve - B 225,945.97 Accounts Receivable 5,376.34 Prepaid Insurance 5,515.15 Prepaid Expense 10,003.76 Total Current Assets 946,428.30 Investment in Real Estate Land Costs 4,399,500.00 Building 15,578,000.00 Computer & Equipment 30,897.00 Less: Accum Depreciation (1,204,146.23) Total Investment in Real Estate 18,804,250.77 Intangibles Bond Cost 825,897.55 Accum Amort Bond Cost (97,93100) Total Intangibles 727,964.55 TOTAL ASSETS 20,478,643.62 Database: CORUM_MRI BALANCE SHEET Page: 2 ENTITY: TBR Corum Real Estate Group Date: 11/28/2005 TIMBER RIDGE VILLAGE Time: 02:31 PM Accrual Oct 2005 LIABILITIES & SHAREHOLDER'S EQUITY Current Liabilities Accounts Payable . 187,233.29 Security Deposit Payable 17,550.00 Other Accruals 1,993.00 Accrued Interest Payable 141,015.58 Total Current Liabilities 347,791:87 Other Current Liabilities Prepaid Rent 151,055.17 Total Other Current Liabilities 151,055.17 Long Term Debt Bonds Payable - A 19,025,000.00 Bonds Payable - B, 1,455,000.00 Notes Payable-Townof Vail 1,700,000.00 Total Long Term Debt 22,180,000.00 SHAREHOLDER'S EQUITY Equity (1,335,551.79) Current Year Profit (Loss) (864,651.63) Total Shareholder's Equity (2,200,203.42) TOTAL LIABILITIES AND EQUITY 20,478,643.62 Approved 2006 Timber Ridge Village Apartments Operating Budget TIMBER RIDGE VILLAGE BUDGET COMPARISON FOR 2005 AND 2006 Gomparing 2006 Budgetto`"2005`Budget Comparing 2006'Budget`to 2005 Estimate 1006 2005 % 2006 2005 o/a Budget Description Budget Budget Incl(De'c)`Ir cl(Dec) Budgef Estimate $-1nc/(Dec) Ind/l(Dec) OPERATING INCOME Monthly Rental Income $2,029,850 $1,124,906 $904,944 80% $2,029,850 $1,432,986 $596,864 42% Other Income $36,960 $25,102 $11,858 47% $36,960 $31,019 $5,941 19% I~TOTAL OPERATING INCOME I~ ~I .$2,066,810 $1,156,008,: $916,802 80% $2,066,810 $1},464,005 . $602;805 41% OPERATING EXPENSES Administrative $99,350 $101,924 ($2,574) -3% $99,350 $100,542 ($1,192) -1% Payroll $185,004 $186,737 ($1,733) -1% $185,004 $204,082 ($19,078) -9% HVAC / Plumbing $10,440 $18,695 ($8,255) -44% $10,440 $6,992 $3,448 49% Grounds $30,520 $19,789 $10,731 54% $30,520 $28,134 $2,386 8% General Repair & Maintenance $13,900 $6,574 $7,326 111% $13,900 $13,816 $84 1% Utilities $107,960 $157,664 ($49,704) -32% $107,960 $99,443 $8,517 9% Janitorial $800 $1,865 ($1,065) -57% $800 $1,371 ($571) -42% Other Expenses $65,220 $62,606 $2,614 4% $65,220 $65,175 $45 0% TOTAL OPERATING EXPENSES) I~ $513,194 $555,854: ($42,6601_ 8%1- J $513,194 $519,555 ($6,361) a -1% INETOPERATING'1NCOME I $1,553,616 _ $594154 $959,462 161% J I $1,553,616 $944,450,?,, 64% Owner Expense $6,100 $266,092 ($259,992) -98% $6,100 $380,625 ° ($374,525) -98 /o Interest Income $4,320 $3,916 $404 10% $4,320 $8,260 ($3,940) -48% I' CASH FLOW AVAILABLE FOR DEBT SERVICE $1,'551,836 $331,978 $1,219,858 367% $1,551,836 $572,085° $979,751 171 Interest Expense $1,217,142 $690,062 $527,080 76% $1,217,142 $1,033,222 $183,920 18% Amortization & Depreciation $568,008 $567,788 $220 0% $568,008 $568,484 ($476) 0% NET INCOME/LO$S,) ($925,872) ,$1,;219,454 -132% 1 IF($233,31 -96%'- ($233,3114) 4Y ($1,029,621)" $98$,691 I, Cash Flow Adjustments $287,524 $475,088 ($187,564 -39% ° $287,524 $1,000,784 ($713,260) -71 /o (CASH FLOW $54,210 ($450,784) $504,994 112% $54;21,&,831)' 1'U k" ° ($28,837) $83,047 288 /o TIMBER RIDGE VILLAGE APARTMENTS STATEMENT OF OPERATIONS HISTORY 2006' 5~ 2005 x' 2005:1 ri7 2004' AGGT DESCRIPTION Budget, , ` Estimated' U `x Actual a OPERATING INCOME 4001 Gross Potential Rents $2,047,450 $1,518,979 $1,558,908 2,668,861 4005 Vacancies/Lost Rent ($17,600) ($85,993) ($18,400) (1,543,955) Monthly Rental Income $2,029,850 $1,432,986 $1,540,508 $1,124,906 4050 Utility Income $0 $0 $0 $2,158 4070 Laundry Income $24,660 $22,668 $17,760 $15,434 4085 Miscellaneous Income $12,000 $15,951 $1,296 $12,737 4090 Late/NSF Fees $300 $100 $900 $925 4100 Security Deposit Forfeit $0 $0 $0 $0 4110 Non Refundable Pet Deposit $0 $0 $0 $0 4115 Admin Income (N/R) $0 $0 $0 $350 4120 Rent Concessions $0 ($7,700) $0 ($5,125) 4125 Employee Apartments/Garages $0 $0 ($6,900) ($1,377) 4130 Model Apartment $0 $0 $0 $0 4140 Relet Fees $0 $0 $1,100 $0 TOTAL OPE.RATiNG INCOMES c n 2 066 810 `~,o,r~ 51 464 005 * 51,,554 664''`~~~. 51,150,008: OPERATING EXPENSES ADMINISTRATIVE 5110 Advertising/Promotion $2,100 $2,695 $1,800 $10,562 5120 Auto Expense $3,420 $3,723 $3,420 $3,000 5121 Meals $600 $776 $0 $1,099 5122 Lodging $0 $22 $0 $0 5125 Marketing Expense $900 $1,000 $1,200 $2,488 5130 Credit Checks $420 $420 $350 $620 5135 Management Fee $75,000 $73,831 $77,733 $58,675 5140 Office Expense $3,600 $3,601 $4,200 $6,641 5145 Printing/Copying $2,400 $2,800 $3,000 $2,254 5150 Postage $1,500 $1,124 $1,500 $1,187 5160 Legal Fee's $0 $0 $0 $578 5165 Phone / Fax $6,900 $7,380 $5,940 $12,486 5170 Dues/Subscriptions $2,150 $2,791 $1,150 $1,956 5175 Banking Fee's $360 $379 $360 $378 5398 Parking Expense $0 $0 $0 $0 (TOTAL ADMINISTRATIVE. $99,350 $100,542 $100,653 $101,9241 PAYROLL 5220 Administrative Wages $84,120 $80,119 $76,995 $75,187 5230 Maintenance Wages $94,086 $108,750 $106,823 $55,491 5240 Cleaning Wages $0 $0 $0 $42,698 5250 Wages Landscaping $6,798 $15,213 $7,350 $13,361 (TOTAL PAYROLL $185,004 $204,082 $191,168 $186,737 j HVAC/PLUMBING 5315 HVAC Repairs $3,600 $1,200 $6,000 $8,605 5320 HVAC Supplies $1,200 $200 $1,200 $0 5345 Plumbing Repairs $3,540 $4,495 $6,300 $5,292 5350 Plumbing Supplies $2,100 $1,097 $3,600. $4,798 (TOTAL HVAC/PLUMBING $10,440 $6,992 $17,100 $18,6951 GROUNDS 5610 Contract-Outdoor Plant $0 $0 $0 $0 5620 Trash Removal $18,300 $13,509 $7,920 $11,383 5625 Snow Removal $11,250 $13,976 $9,250 $6,911 5630 Sweeping/Striping $0 $0 $0 $0 5645 Pest Control $420 $399 $0 $1,196 5655 Grounds Equipment $550 $250 $1,250 $299 (TOTAL GROUNDS $30,520 $28,134 $18,420 $19,7891 Date Printed 12/13/2005 Pagel File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS STATEMENT OF OPERATIONS HISTORY Y yf ~ t 2t+ y , u 0 0 5 `ACCT DESCRIPTION i , Budg006, et Estimated y Budget Actual GENERAL REPAIR/MAINTENANCE 5325 Electrical Repairs $300 $0 $600 $195 5330 Electrical Supplies $300 $255 $600 $212 5355 Interior Repairs $0 $0 $0 $0 5365 Maintenance/Repair Supply $1,500 $280 $2,400 $1,992 5367 Door/ Window Repair/Maintenance $600 $239 $1,200 $78 5370 Misc. Repairs & Maintenance $4,200 $4,369 $900 $916 5375 Maintenance Equipment $0 $0 $0 ($475) 5380 Painting Supplies $1,650 $1,645 $1,500 $1,229 5383 Painting Labor $0 $0 $0 $0 5385 Appliance Maintenance $0 $138 $0 $103 5387 Carpet/Blind Repair $0 $0 $0 $60 5395 Uniforms $800 $702 $800 $334 5720 Locks $900 $1,424 $900 $87 5760 Other Fire & Life Safety $3,650 $4,764 $1,570 $1,843 TOTAL GENERAL REPAIR $13,900 $13,816 $10,470 $6,5741 UTILITIES 5405 Cable Costs $0 $0 $0 $0 5410 Electrical - Common Area $39,500 $33,272 $85,026 $90,493 5420 Electrical - Vacant $0 $0 $0 $0 5440 Gas - Units $0 $0 $0 $0 5450 Water/Sewer $68,460 $66,171 $62,116 $67,171 TOTAL UTILITIES $107,960 $99,443 $147,142 $157,664 j JANITORIAL 5510 Janitorial-Labor Contract $0 $0 $0 $87 5520 Janitorial-Supplies $300 $254 $1,500 $783 5530 Carpet/Drape Cleaning $500 $1,117 $2,100 $995 TOTAL JANITORIAL $800 $1,371 $3,600 $1,865 5830 Property Insurance $65,220 $65,175 $63,540 $62,606 TOTAL INSURANCE $65,220 $65,175 $63,540 $62,6061 (TOTAL OPERATING EXPENSES S513,194 r S519,555 ` tai 1-$552,093 $555,854`, PT »(NET OPERATING INCOME ' $1,553;616 ,c 144,450: $1,002,57.1s -,5.,.94,154, OWNER EXPENSE 6105 Legal Fees Ownershipfrenant $0 $0 $0 $0 6110 Accounting/Audit $6,100 $5,800 $5,900 $5,700 6115 Trustee Fees/Consultant $0 $0 $0 $0 6117 Bad Debt Expense $0 $8,985 $0. $7,737 6118 Lease/Vehicle Costs $0 $0 $0 $0 6150 Other Owner Expense $0 $0 $0 $0 6151 Remediation $0 $365,840 $0 $252,655 TOTAL OWNER EXPENSE $6,100 $380,625 $5,900 $266,092 INTEREST INCOME 8105 Interest Income - Misc. Funds $4,320 $8,260 $4,320 $3,916 TOT. INTEREST INCOME $4,320 $8,260 $4,320 $3,916 Date Printed 12/13/2005 Page 2 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS STATEMENT OF OPERATIONS HISTORY x N, of ,irk 1 20g6°*~ 2005 al d - 2805 ( X2004 ACCT" DESCRIPTION Budget , Estimated Budget Actual CASH FLOWLAVAfEABLe run DEBT SERVICE . Y 51,551;836 $572,085' ~ $1'000,991 „5331;97;8..Ij INTEREST EXPENSE 6165 Letter of Credit Fees $242,760 $242,760 $244,092 $0 6170 Financing Fees $26,530 $40,641 $23,780 $273,144 6202 Misc Interest Expense $25,500 $21,905 $15,000 $15,000 6205 Interest Exp. - Series A $840,269 $636,979 $380,496 $304,444 6210 Interest Exp. - Series B $82,083 $90,937 $90,259 $97,474 (TOTAL INTEREST EXPENSE $1,217,142 $1;033,222 $753,627 $690,062 j - z.~ x INCOME BEFORETDBPRE6IATION I& AMOK i ir:N i iQN 1., $334;69,4 s r. ($461 137) . . $247,364 ($3$8 084) AMORTIZATION & DEPRECIATION 6470 Amortization $42,564 $43,039 $43,044 $42,342 6480 Depreciation $525,444 $525,445 $525,444 $525,446 TOTAL AMORT. & DEPRECIATION $568,008 $568,484 $568,488 $567,788 NET°INCOME,l,(LOSS) $233;314 . r. 1 a ( ) ($1,029,621)- ($321,124 (5925;872) CASH FLOW Add back Amortization & Depreciation $568,008 $568,484 $568,488 $567,788 Town of Vail Loan $0 $700,000 $0 $0 LOC Fee - catch up late payments $0 $0 $0 $0 Accrued Interest on TOV orig loan $0 $0 $0 $0 Bond Resrve Fund $0 $0 $0 $0 Replacement Reserve Fund $0 $0 $0 $0 Rate Cap Escrow Fund ($45,000) ($45,000) ($45,000) $0 Replacement Reserve-Expenses $0 $0 $0 $0 Replacement Reserve Withdrawals $0 $0 $0 $0 Replacement Reserve Deposits ($95,484) ($92,700) ($92,700) ($92,700) Principal (Series B Bonds) ($140,000) ($130,000) ($130,000) $0 (CASH FLOW ADJUSTMENTS $287,524 $1,000,784 $300,788 $475,088 ( W:, ' $54;210~f .-.c ($28,837) CASH FLO ($20,336)"' ($450;784) Date Printed 12/13/2005 Page 3 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE 2006 OPERATING BUDGET 41. ACCT#;DESCRIPTION JAN FEB MAR. APR, MAY,-, JUN JUL._ AUG SEP OCT , NOV DEC TOTAL: OPERATING INCOME 4001 Gross Possible Rents $170,225 $170,225 $170,225 $170,225 $170,225 $170,225 $170,225 $170,225 $170,225 $170,225 $172,600 $172,600 $2,047,450 4005 Vacancies/Lost Rent $0 $0 ($2,200) ($2,200) ($2,200) ($3,300) ($3,300) ($2,200) ($1,100) ($1,100) $0 $0 ($17,600) Monthly Rent $170,225 $170,225 $168,025 $168,025 $168,025 $166,925 $166,925 $168,025 $169,125 $169,125 $172,600 $172,600 $2,029,850 4040 Rent Concessions $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4070 Laundry Income $3,455 $3,455 $3,455 $2,455 $695 $695 $695 $695 $695 $2,455 $2,455 $3,455 $24,660 4085 Miscellaneous Income $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $12,000 4090 Late/NSF Fees $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 4125 Employee Apartments $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4140 Relet Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 f TOTAL OPERATING INCOME qW4 705 ` X174,,705 ~$<172,505~ $171,,505 $169,745- $166,645 ,..:.$168,645.. 1169,745 $170,845 S172,60 < $376,W4 _ $177,080 $2,066,81,41 OPERATING EXPENSES ADMINISTRATIVE 5110 Advertising/Promotion $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $2,100 5120 Auto Expense $285 $285 $285 $285 $285 $285 $285 $285 $285 $285 $285 $285 $3,420 5121 Meals $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5122 Lodging $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5125 Marketing $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $900 5130 Credit Checks $0 $0 $0 $70 $70 $70 $70 $70 $70 $0 $0 $0 $420 5135 Management Fee $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $6,250 $75,000 5140 Office Expense $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $3,600 5145 Printing/Copying $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $2,400 5150 Postage $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $1,500 5160 Legal Fee's $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5165 Telephone/Fax $575 $575 $575 $575 $575 $575 $575 $575 $575 $575 $575 $575 $6,900 5170 Dues/Subscriptions/Training $250 $250 $0 $0 $1,150 $0 $0 $250 $0 $0 $250 $0 $2,150 5175 Banking Fee's $30 $30 $30 $30 $30 $30 .$30 $30 $30 $30 $30 $30 $360 5398 Parking Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 'TOTAL ADMINISTRATIVE $8,315 $8,315 $8,065 $8,135 $9,285 $8,135 $8,135 $8,385 $8,135 $8,065 $8,315 $8,065 $99,350 it PAYROLL 5220 Administrative Wages $6,726 $6,723 $10,320 $6,589 $6,589 $6,589 $6,764 $6,764 $6,764 $6,764 $6,764 $6,764 $84,120 5230 Maintenance Wages $7,484 $7,489 $12,075 $7,296 $7,296 $7,296 $7_,525 $7,525 $7,525 $7,525 $7,525 $7,525 $94,086 5240 Cleaning Wages $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5250 Landscaping Wages $0 $0 $0 $0 $0 $2,266 $2,266 $2,266 $0 $0 $0 $0 $6,798 TOTAL PAYROLL $14,210 $14,212 $22,395 $13,885 $13,885 $16,151 $16,555 $16,555 $14,289 $14,289 $14,289 $14,289 $185,0041 Date Printed - 12113/2005 - 1:42 PM Page 1 File Narne - TRA 2006 Budget TIMBER RIDGE VILLAGE 2006 OPERATING BUDGET (ACCT # DESCRIPTIOfJ JAN r FEB MAR ,,APR MAY'S JUN " JUL 1, AUG ` SEP ':0 T N01/"" DEC TOTAL, HVAC/PLUMBING 5315 HVAC Repairs $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 5320 HVAC Supplies $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $1,200 5345 Plumbing Repairs $295 $295 $295 $295 $295 $295 $295 $295 $295 $295 $295 $295 $3,540 5350 Plumbing Supplies $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $175 $2,100 TOTAL HVAC/PLUMBING $870 $870 $870 $870 $870 $870 $870 $870 $870 $870 $870 $870 $10,440 GROUNDS 5610 Contract-Outdoor Plant $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5620 Trash Removal $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $1,525 $18,300 5625 Snow Removal $2,250 $2,250 $2,250 $1,125 $0 $0 $0 $0 $0 $0 $1,125 $2,250 $'11,250 5630 Sweeping/Striping $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5645 Pest Control $35 $35 $35 $35 $35 $35 $35 $35 $35 $35 $35 $35 $420 5655 Grounds Equipment $0 $0 $0 $75 $75 $75 $75 $0 $0 $175 $75 $0 $550 TOTAL GROUNDS $3,810 $3,810 $3,810 $2,760 $1,635 $1,635 $1,635 $1,560 $1,560 $1,735 $2,760 $3,810 $30,520 GENERAL REPAIR/MAINT. 5325 Electrical Repairs $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 5330 Electrical Supplies $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 5355 Interior Repairs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5365 Maintenance/Repair Supply $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $1,500 5367 Door/Window Repair/Maintenance $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 .5370 Misc. Repairs & Maintenance $350 $350 $350 $350 $350 $350 $350 $350 $350 $350 $350 $350 $4,200 5375 Maintenance Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5380 Painting Supplies $125 $125 $125 $200 $125 $125 $125 $125 $200 $125 $125 $125 $1,650 5383 Painting Labor $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5385 Appliance Maintenance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5387.Carpet/BlindfVinyl $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5395 Uniforms $0 $0 $400 $0 $0 $0 $0 $0 $400 $0 $0 $0 $800 5720 Locks $150 $0 $150 $0 $150 $0 $150 $0 $150 $0 $150 $0 $900 5760 Other Fire & Life Safety $0 $0 $300. $0 $0 $2,750 $0 $0 $300 $0 $0 $300 $3,650 TOTAL GENERAL REPAIR $850 $700 $1,550 $775 $850 $3,450 $850 $700 $1,625 $700 $850 $1,000 $13,900 UTILITIES 5405 Cable Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5410 Electrical - Common $3,500 $3,500 $3,500 $3,500 $3,500 $3,000 $3,000 $3,000 $3,000 $3,000 $3,500 $3,500 $39,500 5420 Electrical - Vacant $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5440 Gas - Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5450 Water/Sewer $5,475 $5,475 $5,475 $5,475 $6,027 $6,027 $6,027 $6,027 $6,027 $5,475 $5,475 $5,475 $68,460 TOTAL UTILITIES $8,975 $8,975 $8,975 $8,975 $9,527 $9,027 $9,027 $9,027 $9,027 $8,475 $8,975 $8,975 $107,9601 Date Printed - 12113/2005 - 1:42 PM Page 2 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE 2006 OPERATING BUDGET IACCT#,,gESCRIPTION JAN FEB MAR-, APR MAY JUN ' JUL AUG SEP OCT NOV DEC TOTAL;:-, JANITORIAL 5510 Janitorial Labor/Contract $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5520 Janitorial Supplies $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 5530 Carpet/Drape Cleaning $0 $0 $0 $0 $0 $0 $250 $250 $0 $0 $0 $0 $500 [TOTAL JANITORIAL $25 $25 $25 $25 $25 $25 $275 $275 $25 $25 $25 $25. $800 j OTHER EXPENSES 5810 Real Property Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5820 Personal Property Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5830 Property Insurance $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $65,220 TOTAL OTHER EXPENSES $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $5,435 $65,2201 TOTAL OPERATING EXPENSES $42,490 $42,342 $5.1,125 $40,460 $41,51.2 $44,728 $42,782 $42,807 $40,966 $39,594 $41,51,9 $42,469 $513,194] r 11NET OPERATING INCOME $132,215 ; 5432,363 $121,380 $130 645 $128,233 $123-917 $125,863 $126,938 $12,9,879 $133,011 $134,561 $134,611., $1,553,616 OWNER EXPENSE 6105 Legal Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6110 Accounting/Audit $0 $0 $3,000 $3,100 $0 $0 $0 $0 $0 $0 $0 $0 $6,100 6115 Trustee Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6117 Bad Debt Expense $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6118 Lease/Vehicle Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6160 Other Owner Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6151 Mold Renediation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL OWNER EXPENSE $0 $0 $3,000 $3,100 $0 $0 $0 $0 $0 $0 $0 $0 $6,100 j INTEREST INCOME 8105 Interest Income -Misc. $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $4,320 TOTAL INTEREST INCOME $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $4,320 CASH FLOW AVAILABLE - - ' ~FOR;DE1BTSERVICE TS132,575 S132 723 5118,740 3127,905 $128,593' 4 . ffs - $u12 ,277 =<$12622`;-_5127;298_-~5130~3y 5133;371 a,,S1~4,921 ~,~51 4971>$7.551,835. Date Printed - 12/13/2005 - 1:42 PM Page 3 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE 2006 OPERATING BUDGET IACCT#,~MCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL INTEREST EXPENSE 6165 Letter of Credit Fees $60,023 $0 $0 $60,690 $0 $0 $61,357 $0 $0 $60,690 $0 $0 $242,760 6170 Financing Fees $5,945 $0 $0 $5,945 $0 $0 $5,945 $0 $2,750 $5,945 $0 $0 $26,530 6203 MISC Interest Expense $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $2,125 $25,500 6205 Interest Expense - Series A $63,417 $63,417 $63,417 $63,417 $63,417 $63,417 $63,417 $79,270 $79,270 $79,270 $79,270 $79,270 $840,269 6210 Interest Expense - Series B $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,901 $6,172 $82,083 TOTAL INTEREST EXPENSE $138,411 $72,443 $72,443 $139,078 $72,443 $72,443 $139,745 $88,296 $91,046 $154,931 $88,296 $87,567 $1,217,142 INCOME BEFORE DEPRECIATION 21 X60 ~I AND,AMORTIZATION X35 P36) $60.260 546.297 ($11.173) $56,150 $51,634 %($13,5221 S39.002 $39, 19 3 $46,620 $47,404 334,694 DEPRECIATION & AMORT. 6470 Amortization $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $3,547 $42,564 6480 Depreciation Expense $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $43,787 $525,444 TOTAL DEPR/AMORT EXP $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $568,0081 NET INCOME / (LOSS) ($53 170) $12,q46 ($1,037) _ ($58,507) 88,816 $4,500 ($60,856) ($8,332) ($8,141) ($,6,8,894) ($749) ' $70 ($233,314,) CASH FLOW Add Back Depr. and Amort $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $47,334 $568,008 Town of Vail Loan $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 LOC Fee $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Accrued Interest on TOV orig loan $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Bond Resrve Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Replacement Reserve Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Rate Cap Escrow Fund ($45,000) ($45,000) Replacement Reserve-Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Replacement Res-Withdrawals $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Replacement Reserve-Deposits ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($7,957) ($95,484) Principal (Series B Bonds) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($140,000) ($140,000) CASH FLOW ADJUSTMENTS $39.377 $39:'377 $39,377 $39,377 $39,377 $39,377 $39,377 ($5,623) $39,377 $39,377 $39,377 ($100,623) $287,5241 CASHFL0IN" ($13,793) 552;323 $38,340 .:($19,130)48,193 $43;877 ($21,479)`;x($13,955),w.z$31;236},.z($29517).x$38,668""($1.00;553) $54,2103 Date Printed - 12/1312005 - 1:42 PM Page 4 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS NARRATIVE FOR 2006 OPERATING BUDGET INCOME ;4001 Gross Possible. Pents $2,047,450 I Gross Possible rent is the total income produced if the property were 100% occupied. See Exhibit A for specifics. ($1`7600] 4UQ5 Vacanc1e rates are based on 1 avers a occu anc of 158 units that are available to be leased.' 139 units are Y ° 9 P Y occupied by Vail Resorts and 2 by Mcbonalds under master leases. The remaining 17 units are available to the open market. Monthly1Rentaltlncome $2,`029;85Q Net rental income is the income for the property after the projected loss for vacancies. Projections are detailed in Exhibit A. ,4040 Rent-Concessions $0,1 There are no rent concessions projected for this property. 4070, LaundryIncome $24;660 1 Laundry Income is based on estimated income for 2005 plus additionalmonies budgeted in anticipation of an increase of laundry facilities due to the additional 44 units on line at the end of 2005. F 085 Miscellaneous fn_co_me .$12,,0Q0 Miscellaneous Income includes receipt of income in the amount of $30 per application on the prospects applications. Based on actual figures for 2005 plus estimated occupany rates for 2006. 14Q,90,&- ::.Late/N,SF Fees... One late fees at $25 per month based on actual figures from the first nine months of 2005. The majority of the residents are corporate accounts that are paid by their companies. 14Employee Apartment's/Garages; $0` Employee Apartments includes the cost to the property in the amount of a 25% discount on monthly rent for three staff members that live on-site. x4140 Relet•.,Fees - `rn $0" One relet fee per month for the months of May through August for current residents that terminate their lease early. No actual. relet fees were projected to be collected in 2005. EXPENSES ADMINISTRATIVE ,5110° Advertising/Promotion . r .w.:TM - . . " $2;100 ; Advertising and promotional dollars budgeted for newspaper classified advertisements, online intemet advertising and similar advertisements. Based on 2005 actual annualized figures. 5120. Auto Expense ~;=$3.42Q Mileage is based on .48 cents per mile for reimbursement of driving to the post office, hardware store, bank, etc. 5.121 ` Meals. Meals are based on estimated actual expenses for 2005 including staff meetings and travel meals. X5122 Lod in" N/A 15125 ivlarketing expenses for outside marketing, promotional items, resident retention and resident functions. Date Printed - 12/13/2005 Pagel File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS NARRATIVE FOR 2006 OPERATING BUDGET 513Q Credit,Gheeks $420.1 The credit check fee is based on the charge from the company completing background reporting and is based on 2005 actuals. 5135 Mana erne , t Fee.,;.. $75,000 ! The management fee is based on $6,250 per month based on a letter agreement as opposed to 5% of gross collected income as the management agreement states. (5140, Office Expense _ $3,66Y Budgeted dollars projected for office supplies, computer supplies and repairs, copier lease, lease forms, etc. This amount is based on 2005 annualized actuals. 15145 Printing"& op"y"inig' in $2;400_ Includes reprinting of leases, business cards, letterhead and other similar expenses. ;5150 Postage,a $1.,500 $125 per month for postage for overnight packages and courier service. 5.1.60 Legal Fees Legal fees are budgeted for evictions including filing fees and attorney costs throughout the entire year. L5165 Telephone and Fax $6 900 Budgeted dollars for local & long distance calling charges that also includes long distance faxes to the corporate office and the after hours answering service, computer lines and cell phones. 15"l" 7- 0 'Z Dues and Subscriptions/TraMhing $2,1;50 Miscellaneous expense for industry related periodicals, newsletters, other educational materials, and membership in the apartment association and Vail Valley Chamber of Commerce. '5175.:..: Banking Fees ~F.>~. $360J Miscellaneous Banking fees for maintaining the operating checking account. _ 3 [5398',, Garage/Parking Expenses N/A PAYROLL 15220. " Wages $84 T20~ Administrative salaries for the property including all office staff. This amount included the annual incentive plan bonus which is paid in March. 15230 Mamtenance;Wages, '$94,086 maintenance salaries for two full time maintenance staff including the annual incentive plan bonus to be paid in March. F5240' Cleaning Wag'es' $0.i N/A [5250 Lahds~ ages $6,798 t Landscaping Wages budgeted June through August to handle landscaping on the property rather than working with a contractor. HVAC/PLUMBING 15315. HVAC Repairs - - $3;600f This figure reflects dollars for preventative maintenance and contract repairs to the heating and hot water units by an HVAC service contractor. Date Printed - 12/13/2005 Page 2 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS • NARRATIVE FOR 2006 OPERATING BUDGET ;5326- ; `HVAC Supplies = $1,200 Budgeted dollars for HVAC supplies. 1.5345 ,,,Plumbing Repair... $3,540 . 1 Budgeted dollars for repairs beyond the on site person's maintenance capabilities. 5350 ..-Plumbing SuRp Y _ ies L_ 1, $2,.1.00 Budgeted dollars for plumbing supplies for miscellaneous parts, fittings etc. GROUNDS 5610<. < ",Contract-0utdo6`r"Plan1 : _ Y $p Nothing expensed in this category. All landscaping will be performed by on-site staff. Trash Removal. 1 5620 $18,300 11 This figure reflects $1,525 per month for weekly trash removal service. 5625 „Snow Removal ~ -,a<_ _ $17 ,250 Snow Removal is budgeted for contract snow removal during the months of November through April for the parking lot areas. The contract calls for snow removal after 3 inches of accumulation. g nP _ m g _ $0_1 5630 SweePin' /St N/A 15655. Grounds Equipment' -$5501 This amount covers repairs/replacements of lawn mowers and snow blowers. Various grounds equipment and snow removal equipment throughout the year. GENERAL REPAIRIMAINTENANCE 1:5325 Electrical, Repairs, , .4300 { Miscellaneous electrical repairs. $330 Electrical Su' lies _ 4 1$300~1 Budgeted dollars to urchase li ht bulbs, switch plates, fixture replacements, smoke detectors, batteries, et 15355 Interior°`Repairs $o N/A ;5365 Maintenance/Repair Supply. $1,5001 $125 per month budgeted for miscellaneous maintenance supplies. 536.7 DoorM/ind-rw,r Repair/Mauitenance $600 $50 per month budgeted for door replacement, windo,.v repairs, etc. _ L5370j_ . Misc: Repair`s_& Maintenance _ _ _ $4 20041 $350 per month for miscellaneous repairs and maintenance. Based on 2005 annualized actual expenses. 5380 Painting,Supplies s - $1,65 r. _ This figure reflects a monthly amount for the purchase of paint supplies based on projected occupancies and prior years expenses. 16583, Patntmg Labor N/A Date Printed - 12/13/2005 Page 3 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS • NARRATIVE FOR 2006 OPERATING BUDGET x5385 A 'fiance Ma ntenance, a. ? " ' N/A _ '$0 5 8 P i. d Y. ° N/A 15395 Uniforms; This line item reflects expenses of $400 in March and $400 in September for the purchase of property uniforms for both spring and winter. 5720., 'Locks:. $900:1 Budgeted expense for a lock replacement every other month. 5760 Other,Fire & Life Safet___' $3,650 WMonitoring contract paid. quarterly and fire extinguisher inspection in June UTILITIES {5405 Cable.Cost. N/A 15410 Electdcal -.Common',, $39,500? This amount reflects projected electric service for vacant units, exterior lighting, common areas and the leasing and Management office. The amounts budgeted are based on 2005 actual and estimated expenses which included a rate increase at the time of budgeting. 77 5420 'Electrical -Vacant:: I N/A F5440 Gas "'Units N/A 15450.. : Water/Se_wer $68,460 1 Water and sewer is based on 2005 annualized actuals with a 3% projected increase. JANITORIAL F5510" :lariitorial'Labox -/Cori 6 if" racact. . . , a,. w,, , . ° . _ • r =g:. - $0~ N/A '5520 " , ',Janitorial'Supplies _ _ M _ f $300 1 i Budgeted dollars for janitorial supplies for cleaning common areas, laundry rooms, management and leasing office and vacated units. L5530 Carpet/grape :Cleaning= „ . $500 i rvMinimal dollars are budgeted for carpet cleaning of units that are vacated throughout the summer months. INSURANCE X58.10_ . ;Real P(operty:Taxes"" . N/A Personal P o ` _ ;5820 r perty' Tazes° . , $a 1 N/A _w___...._...__._..... 5830 Property Insurance',, _ - r $65,22 Based on 2005 property insurance premium paid to Farmers Insurance. Date Printed - 12/13/2005 Page 4 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS NARRATIVE FOR 2006 OPERATING BUDGET OWNER EXPENSE 6105 Leal Fees. N/A m`' , ;:""•s.." - $6,10,0 I Based on 2005 projected annual expense 6115:,- LT ystge F6gs , w-.« ,.w,.-...a........at,-..nwxa<.....,ref...:a;.....W..a. ~..f .Y »,.w w... "~.a:.• ; 't'",;- N/A 16117 "Bad D"ebt Expense`' h rte' - -$G] N/A - [611"8 Le_ase/Vehicle Costs'- N/A !615-1.. • Remediation`.: $O.j b N/A F6160 Other Owner Expenses ;,r _ N/A INTEREST INCOME L8105`.- Interest Income:,.::: $4;320 This line item is the interest income that is earned on all deposited amounts that are in property bank accounts. INTEREST EXPENSE 161.65 Letter of Credit`Fees' $242,160 Quarterly payments for letter of credit. 16170 - , Finance Costs : $26,530- ¢ Quarterly remarketing fees in the amount of $5,945 and the annual Trustee fee of $2,750. 6202. Misc. Jnter est exp $ 15,6661 Interest on Town of Vail note of $1,700,000 at 1.5%. ' , ..,c.a.:.':,.M , A>: ~ $380,4961 6205 Interest. exp-ATkM . r,.i Interest on series A Bonds of $19,025,000. The interest rate for January is projected to be 4.3%o and increase throughout the year to 5.9%. Based on the Rate cap agreement 4% is the maximum rate that Timber Ridge has to pay until August 1, 2006. X6210 Jri r s x 0 2 9 ~ "._;k Z, Interest on series B Bonds $1,325,000 .nom A.. m. _ NY— j6470 m ,g •$43,044 ; Amortization of Loan Costs ep ;6480':.'.-~.',,,'Depreciat' $525,44,4 1 Depreciation of Building Costs Date Printed - 12113/2005 Page 5 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS EXHIBIT A - 2006 AMENDED RENTAL INCOME PROJECTIONS a M. NTH:> ......<:p:.A ...:::..:.:.::.._::.::::.....:::.::::..::::........................................:.::::.:::.....:.....it5..:..:::::::: ?ER £ T.:................MON.THLI :::;:::<:<:;:::>;:::::;::::> :::::.............uNl..:.......................... . u . n........ ccu : Q:::.:.:...:.... JANUARY UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 17 = $18,700 TOTAL UNITS 158 158 100 0 TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT $00 TOTAL MONTHLY RENTAL INCOME: $170,225 $170,225 FEBRUARY UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 17 = $18,700 158 158........... TOTAL UNITS 100% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT TOTAL MONTHLY RENTAL INCOME: $170,225 $170,225 MARCH UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 15 = $16,500 TOTAL UNITS 1 .5....8 156 99% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT ($2.200) TOTAL MONTHLY RENTAL INCOME: $168,025 $168,025 APRIL UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 - - $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 15 = $16,500 TOTAL UNITS 99% 158 156 TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT ($2.200) TOTAL MONTHLY RENTAL INCOME: $168,025 $168,025 Date Printed - 12/13/2005 - 1:42 PM Page 1 File Name - TRA 2006 Budget TIMBER RIDGE VILLAGE APARTMENTS EXHIBIT A - 2006 AMENDED RENTAL INCOME PROJECTIONS O. TH tlNll ......tvkl........... .,.,.....R . E........... MAY UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x .$1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 15 = $16,500 ........1~ ..............1.5fi % TOTAL UNITS 99 TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT .($2200) TOTAL MONTHLY RENTAL INCOME: $168,025 $168,025 JUNE UNIT TYPES I BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 14 = $15,400 TOTAL UNITS 158 155 98% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANTILOSS RENT ($3.300) TOTAL MONTHLY RENTAL INCOME: $166,925 $166,925 JULY UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 14 = $15,400 158 155............ TOTAL UNITS 98% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT ($3.300) TOTAL MONTHLY RENTAL INCOME: $166,925 $166,925 AUGUST UNIT TYPES 1 BEDROOMS. 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 .$102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 15 = $16,500 TOTAL UNITS 158 156 99% TOTAL.MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT ($2.200) TOTAL MONTHLY RENTAL INCOME: $168,025 $168,025 Date Printed - 1203/2005 - 1:42 PM Paqe 2 File Name - TRA 2006 Budqet TIMBER RIDGE VILLAGE APARTMENTS EXHIBIT A - 2006 AMENDED RENTAL INCOME PROJECTIONS THLY.....GROSS:P~M TAi:::NURABER .............M .!V . SEPTEMBER UNIT TYPES I BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 16 = $17,600 157 158 TOTAL UNITS 99% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT c$1.1001 TOTAL MONTHLY RENTAL INCOME: $169,125 $169,125 OCTOBER UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 95 x $1,075 $102,125 95 = $102,125 2 BEDROOMS 17 x $1,100 $18,700 x 16 = $17,600 TOTAL UNITS 158 157 99% TOTAL MONTHLY GROSS POTENTIAL RENT: $170,225 LESS VACANT/LOSS RENT ($1.100) TOTAL MONTHLY RENTAL INCOME: $169,125 $169,125 NOVEMBER UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 112 x $1,100 $123,200 112 = $123,200 TOTAL UNITS 158 158 100% TOTAL MONTHLY GROSS POTENTIAL RENT: $172,600 LESS VACANTILOSS RENT 5-0 TOTAL MONTHLY RENTAL INCOME: $172,600 $172,600 DECEMBER UNIT TYPES 1 BEDROOMS 2 x $500 $1,000 2 = $1,000 2 BEDROOMS 44 x $1,100 $48,400 44 = $48,400 2 BEDROOMS 112 x $1,100 $123,200 112 = $123,200 TOTAL UNITS 158 158 100% TOTAL MONTHLY GROSS POTENTIAL RENT: $172,600 LESS VACANT/LOSS RENT L TOTAL MONTHLY RENTAL INCOME: $172,600 $172,600 TOTAL ANNUAL GROSS POTENTIAL RENT: $2,047,450 LESS VACANT/LOSS RENT ($17,600) TOTAL ANNUAL RENTAL INCOME: $2,029,850 990/0 $2,029,850 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 20, 2005 SUBJECT: Second reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. Applicant: Pat Dauphinais, President of the Grand Traverse H.O.A. Planner: Warren Campbell The Community Development Department requests that the Vail Town Council tables Ordinance No. 25, Series of 2005, on second reading to January 3, 2006. 1 r. TO: The Vail Town Council FROM: The Vail Local Housing Authority SUBJECT: Council Retreat Housing Discussion DATE: December 13, 2005 Housing Trends and Proiections The anticipated growth in new jobs in Vail is conservatively estimated at between 1,000 and 1,300 emplovees. In addition, an estimated 7,000 potential new jobs in Avon and the Edwards vicinity could be generated as a result of new commercial development in these areas. Taken as a whole, the job growth in each of the communities suggest that new job generation will continue to fuel regional demand for housing for the local work force. Vail will be the most challenged as it is the furthest from the more affordable housing markets. The new jobs in Vail will likely result in demand conservatively estimated at 600 to 800 residences. For Avon and the Edwards areas, new employees will generate demand for an additional 4,500 to 4,800 housing units. In addition to the 600-800 unit shortfall, approximately 1,000 of our resident-occupied units in Vail are not restricted in any way. Based on recent statistics, about 50% of real estate sales turn current resident-occupied units into new second homes. In America homes resell on average every seven years. This means 7 years from now another 500 of our current resident homes will be lost. Combined, the indications are that we could be short 1,100 to 1,300 resident housing units in the foreseeable future just to keep the current ratio of housing units to jobs. Approximately 70% of the employees working at businesses in Vail live "down valley". The same real estate forces are at play "down valley." Vail's work force will be commuting the greatest distance to their places of employment. Encouraging down valley workers to commute to Vail will become more of a challenge as workers live down valley and have attractive job alternatives closer to where they live. Employee parking and mass transportation will become much larger issues in the future. Additionally, it is likely that Vail employers will have to pay higher wages than employees in down valley locations. This could lead to higher prices for consumer goods and services, ultimately leading to a competitive disadvantage in comparison to other resort areas. The Vail business community has always stressed the importance of smaller, independently owned and operated businesses as a key ingredient in differentiating Vail from its many competitors. The continued erosion of "middle class" housing will further the demise of small businesses because owners are less likely to commute an hour or more to their shops. The lack of housing for middle managers will also make it difficult to attract appropriate talent to compete at the highest level. There is clearly a need for a full range of housing opportunities for Vail's working population, from busboys to business owners, orderlies to surgeons. Seasonal rental units, long-term rental apartments, deed-restricted for sale units, with and without appreciation caps, are all components of a successful housing strategy. Recommendations The Vail Local Housing Authority recommends three areas of emphasis for the near-term housing strategy: Timber Ridge,West Vail Master Plan, Chamonix Property Timber Ridge It appears that the Timber Ridge financial situation is stable for the next couple of years (see attached), which allows at least 6-9 months to fully explore the best potential for this redevelopment opportunity. We suggest that the Town move forward to determine the highest and best carrying capacity, density, unit mix, and product type for this site. Due to its size and location, this is the one site in town that could hold a full range of housing options at a high enough density to actually make a meaningful impact on Vail's future housing needs. The Town recognized the value of this asset, from a community stand point, in the 1990s. After spending years to acquire it, now is the time to maximize its potential. We strongly believe the Timber Ridge site can produce more housing "bang for the buck" than any other opportunity in Vail. West Vail Master Plan The master planning for redevelopment of the West Vail commercial area presents an opportunity to include a mix of resident housing as a major component of this revitalized area. We support efforts to encourage property owners and developers to maximize local's housing through density and other incentives. Including housing in a commercial area is an effective land use strategy and can create a lively and vital community center. Chamonix Property We support development of the Town owned Chamonix Property with for sale housing. If another appropriate site can be acquired for a West Vail fire station, the Chamonix Property could be accommodate even more housing. Conclusion It is the Vail Local Housing Authority's recommendation that maximization of permanent local housing opportunities on Timber Ridge is the highest priority for the Town's housing strategy, followed by inclusion of both rental and for sale housing in the West Vail commercial area, and development of for sale housing on the Chamonix Property. The Housing Authority offers our services to further any and all of these projects. Timber Ridge Facts The Town of Vail has leveraged $1,700,000 to control 10 acres of land. Of the Town's investment, $1,000,000 was given to the Town by the County in exchange for control of the Miller Ranch Deed Restriction. There are financial issues to address, but the TRAHC Board just approved a 2006 operating budget that shows positive cash flow in 2006 and projected a small ($51,000) operating deficit in 2007. Without any changes the situation moves quickly into the red in 2008 as principal payments become due on the Series A Bonds. This budget includes an annual $93,000 payment into the replacement reserves in case of major repairs or replacement. This fund currently totals $184,112.13. The budget also includes an annual escrow of $45,000 to purchase future interest rate caps. Based on current prices, the interest rate escrow fund will have sufficient funds to purchase the next interest rate cap in August, 2006 when the current cap expires. Timber Ridge is in compliance with its bond document requirements except in the debt service reserve fund for the A Bonds. US Bank released $300,000 of the original $317,000 funded and has, to date, not required reimbursement of the reserve fund or the final $317,000 payment to the reserve fund. There are additional units that we could remediate and generate rents to off set anticipated operating shortfalls. Market demand is strong for rental units in Vail. Corey Swisher Fwd Re interviews for board vacancies Page 1 From: Lorelei Donaldson To: Town Council Date: 12/20/2005 8:05:31 AM Subject: Fwd: Re:interviews for board vacancies FYI - "PAUL RONDEAU" <nanoaul0mailstation.com> 12/19/2005 9:19:21 PM At this 11th hour I want to withdraw my name for consideration with the VLMDAC. Upon reflection, I don't feel I currently have the time to properly fill one of the openings. It is my belief to do the job properly would almost be equivalent to being on the Town Council. There is a need for a central "gearbox" to facilitate things. I feel the VLMDAC could be that gearbox considering the diversity of its members, coupled with its steady and substantial revenue stream. Regarding my participation as a nonmember of the VLMDAC--I would be willing to work on one of the committees. Please read and/or pass on this regret to the Town Council. Thanks. Paul Rondeau CC: Corey Swisher; Matt Mire; Pam Brandmeyer; Stan Zemler Eagle i Valley Alliance for,3ASustainability ALLIANCE RECYCLES THE NUTSHELL The Basics: The Eagle Valley Alliance has proposed to Eagle County that we take over the County's recycling operation, currently comprising a cost contract to haul material from seven drop-off sites throughout the county. One of those sites sits on the west side of town offices. The County will direct to the Alliance what it currently budgets for the hauling. For this the Alliance will keep the sites cleaner and safer and increase diversion and participation rates. The Big Picture: The full objective of this move, however, is to establish a mission-based community organization for recycling that can make truly substantial inroads in recycling for our community. Recycling has reached its potential in our community with all the current solutions. With a dedicated, apolitical community organization, there are no limits to what we can achieve. Vail's contribution helps staff this effort to create a true recycling resource for the community. The Skinny (first-year program goals): - First Month o A clean, safe site for the hundreds of citizens and businesses that use it. o Town staff will no longer have to work to keep the recycling sites safe and clean. o The ability to measure per-site volumes and diversion rates. - Third Month o Improved recycling diversion and participation rates. o A communication program to help community members understand recycling, how to participate and how it benefits the community. The program will include brochures, Web resources, advertisements, educational programs, etc. o Facilitate other recycling solutions in the valley, such as curbside service for the towns of Eagle and Gypsum, convenient recycling alternatives for apartments and condominiums, computer and electronics disposal, and others. o First electronics recycling event. - Sixth Month o Transfer station to reduce hauling costs and capture product revenues. o Turnkey event recycling services. - Fist Year o Site consolidation (depot/satellite) solution implemented, creating cleaner, more convenient, more robust, more attractive and less costly community recycling. o Accepting greater array of material (e.g. alkaline batteries, old cell phones, paperboard) o Commingling products for convenience (e.g. newspaper, magazines, office paper together) Other Committed Contributors: Eagle County $200,000 Minturn $1,500 Avon $ 15,000 Gypsum $2,000 Eagle $ 2,000 65 EAGLE EYE HOME INSPECTIONS PO BOX 4152 AVON, CO 81620 970-331-5558 r: + 1 r 1835 West Gore Creek Drive Vail, Colorado BUYER: Kevin Roley & Kate Skaggs REALTOR: Laurie Kleisinger - Christopher & Kendall Real Estate July 30, 2003 y 41- IMP- T. ~ i+ 7 , x • , oK , ~ a try.. + ._..;r yam,„`, ~ ` ""mM ` `'t ~ , • ` 'tip . ~ , ~ i ~ - t .I- _ ll i~h M C ~y F f I ,9w: J i? c ryr ~ z. •Z1t 'K _ Y - ,:.max - yy n i _ i s: ~e i - - ~ - 's 1 ~i - t = Ee°_ 1 v f pe-' ki Plat Map Borrower/Client Skaaas Prooertv Address 1835 Gore Creek Drive City Vail Countv Eaale State CO Zio Code 81657 Lender First Western Mortaaae +Y. a! f6 • "r ~Sr' 1 ~1MA 1 OJ 141 / ftl c a 1JAY~ J Pp 4P ~~r } sr $ 1 ~J 4E` C 6 Mr. 4 b .6 1~.d Jr 9f s AZ f n ,.ra~r pier •°r, °~7 y 0 .S• _PV 17. 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TAX AKF.A 117 Form MAP.PLAT - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE From: Kate Skaggs <kkskaggs@vail.net> Subject: Letter of support Date: November 30, 2005 10:42:31 AM MST To: mmcgeeC vailgov.com Dear Mike, I'm am writing this letter seeking your support in our quest to extend the deck that was destroyed in the house fire of July 13, 2005. Let me bring you up to speed. In the weeks that followed the fire, Kate and I submitted a proposal to the staff of the PEC (Warren Campbel) that included plans to extend the deck to a depth of 11 feet out from the sliding glass door. The sole and primary reason was to avoid demolition of the undamaged garage bays that would be required in order to cantelever the joists needed to reconstruct the balcony as It existed before the fire. To our dismay, we learned that our house was already positioned at the 20 foot front setback and that a variance was needed to encroach upon the airspace of the 20 foot setback rule. In order for the variance to be approved hardship had to be demonstrated. In our application we argued that the house was pushed to the 20 foot front setback limit due the 100 year flood plain setback rule and the 20 foot setback for the sewer utility that also passes through our back yard. This creates a hardship due to the fact that nearly one third of the lot is unavailable for development due to these constraints. Therefore a variance might be granted in order to compensate for this hardship. We also stated that it made no sense to demolish part of our home that was not damaged in the fire as it was a simple cure to just extend the deck forward. We also explained that it would be a personal hardship to loose the use of two garage stalls in this climate for an unknown period of time. As you know, both Kate and 1 are OB GYN physicians at the hospital. As such, we must have a very fast response time to the hospital. We strongly feel that our response time is now compromised if we must first clear frost and snow from car windows. I can't imagine how an ambulance crew or fire department could respond quick enough if they first had to clear their vehicles of snow and ice. We provide, as do you, emergency responses that are time sensitive. We must have use of our garage at all times for obvious reasons. We also argued secondary points of added safety to our tenant. As you may recall the wind was from the west that morning. This forced flames to the east which made a more difficult egress for the tenant and her guest down the eastern stair case. The only other point of egress is the bedroom window on the west side of the apartment. There is a 14 foot drop to the driveway below. We felt that given the way the fire spread on the exterior of the home and eventually the interior, that a deck extension would add an element of safety that was not present before the fire. Another secondary gain was the acquisition of a covered parking stall. On November 28th, 2005 the PEC met. Our variance application was denied. The reason sited was that we already had enough parking. PEC failed to follow their precedent that they established during another meeting on October 24, 2005 in which they granted a variance to another property owner to the west of our home based on the same hardships created by the constraints of the Gore Creek, the 100 year flood plain setback rule, and the utility easement setback rule. Our only recourse at this time is to appeal their decision at the Town Council meeting set for December 20th, 2005. Kate and intend to appeal the decision. We are looking for your support in our endeavor. To us it makes no sense to demolish our undamaged garage ceiling, compromise our response time, and rebuild a balcony that offers no real added safety. If you could support us in this appeal by writing a letter It would have considerable weight at the level of the Town Council. Please call me on the cell phone to discuss this matter. I know you are very busy but I would really like to speak with you. My cell is 376-0010. Respectfully, Kevin Roley & Kate Skaggs - From: "Mike McGee" <MMcGee@vailgov.com> Date: December 1, 2005 9:26:39 AM MST To: <kkskaggs@vail.net> Cc: "Russ Forrest" <RForrest@vailgov.com>, "Warren Campbell" <WCampbell@vailgov.com> Subject: Re: Fwd: Letter of support Vail Fire Department agrees. The ability to escape from the apartment was hindered due to immediate proximity to the exterior combustible siding. The egress stairs run directly above the natural gas meters as well. Extension of the balcony on the south side of the structure (West Gore Creek Drive) would provide additional egress potential. We concur with the need to be readily able to respond. Emergency medical response is well recognized. Being familiar with the layout, it seems unreasonable the existing garage should have to be demolished to repair the balcony. We cannot speak to the depth of the proposed balcony, but the concept is valid. We are likewise aware of the variance granted to the other property in the immediate vicinity. Justice should be dispensed equitably. The 100 year flood plain is only the north side of the house. A modification or amendment. to the flood plain would not solve the egress problem or mitigate the demolition of the garage. Setbacks function for several reasons, one being to prevent fire spread to adjacent structures. The south side of the house fronts West Gore Creek Drive and a variance to the 20 foot setback would not create any additional hazard or diminish the existing degree of safety due to exposure to or from adjacent property. Based on the information we have at this time, VFES supports the request for a variance. Please call me if there are additional issues or if we can be of further assistance. Michael McGee Deputy Chief / Fire Marshal (970) 479 2135 ~ _ _W----- - - _ - . - ~~~a ~ ' ; _ ~i . z_ x;> - k • _ _ T:f t_ ~ } ~ ~ E - . . „i _ - - i . _ R. _ t... Town Council Presentation 1. Who we are and why we came to West Vail: a. OB GYN physicians b. Proximity to VVMC -emergency response: we moved to Vail from Edwards after our first winter because of response time from Edwards. 2. Fire of July 13, 2005: a. Special thanks to Vail Fire Department: Tom Talbot b. Vail Police Department: Officer Caballero c. Linda Gustufson d. Neighbors 3. Reasons for deck extension: a. Additional means of egress: Wind was from W. to E.; tenant had difficult escape down main stairwell due to location of fire. Had the fire not been detected when it was this would not have been a safe egress. The only other egress is a bedroom window which is a 15 foot drop to the driveway. b. Extension of deck would remove object such as grills from under the soffit and away from house, lessening the risk of fire to house. c. In order to rebuild the deck, the ceilings of two of the three garage bays need to be demolished. This is necessary in order to cantellever deck joists back into the garage to provide the support necessary to bring the deck back to its original design. The garage was not damaged by the fire nor the water used to extinguish the fire. It is our opinion, that it makes no sense to loose use of our garage for an unknown period of time especially in this climate! We are OB GYN physicians whose cars need to be ready at all times. We can not afford to risk a delayed response in a true emergency. ,II You do not see fire trucks & ambulances parked outside overnight in this weather. 4. The PEC Variance: a. House is placed at the front 20 foot front setback due to the following constraints: 100 hundred year flood plain setback. Sewer utility setback rule. Lateral side yard setback of 15 feet & the Gore Creek. This makes approximately 1/3 of the lot unavailable for development. Therein lies the hardship. b. Based on the successful variance application for the Bassett property granted October 24`x; 2005 by the PEC, we used the same logic and reasoning for our variance. Unfortunately, the PEC did not follow their precedent as they did for the Bassett property based on the above reasoning and denied our application. They wrongly concluded that we were seeking another covered parking area rather than improving the safety of our home. c. As part of our site plan, we were to plant three 10 to 12 foot spruce trees and create a retaining wall so that the trees would be at street level. These improvements would soften any effects that the deck might have upon neighbors. We were very optimistic that our variance would pass and we completed the landscaping before winter closed in upon us. d. One PEC member stated that the deck would be an obstacle to the street. One simply has to travel down West Gore Creek Drive to see all of the man made obstacles that are closer to the street than our deck. On this note there are multiple examples of variances that have passed due one hardship or another. 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