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2006-06-20 Support Documentation Town Council Evening Session
70WN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 20, 2006 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Participation. (10 min.) 2. Laurie Assmussan ITEM/TOPIC: Acknowledgement of Vail America Days sponsors-- . Millennium Bank and The Gallegos Corporation. Millennium is entering its second year as the Presenting sponsor of the event. The Gallegos Corporation has been a Community sponsor for several years. (10 min.) 3• ITEM/TOPIC: Consent Agenda. (5 min.) a. 2006 Election Judge Appointments for the July 11, 2006 Special Municipal Election. ACTION REQUESTED OF COUNCIL: Appoint six regular and absentee judges to participate in the July 11, 2006 special election. BACKGROUND RATIONALE: By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. We are requesting the appointments of Karen Morter, Mary Jo Allen, Holly Cole, Mary Caster, Mary Ann Best, and Summer Holm to be the Town of Vail election judges. RECOMMENDATION: Appoint six judges to assist with the July 11, 2006 at-the-polls special municipal election for the Town of Vail. _ 4. Lorelei Donaldson ITEIVIlTOPIC: Appointment to the Vail Locai Marketing District Advisory Council (VLMDAC) board. (5 min.) ACTION REQUESTED OF COUNCIL: Please interview the Vail Local Marketing Board Advisory Council (VLMDAC) applicants at the work session and appoint one applicant to fill a vacancy on the VLMDAC (terms expire December 31, 2007) at the evening meeting. (5 min.) BACKGROUND RATIONALE: 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 one (1) application for the vacancy. The Council needs to interview this applicant at the work session and then appoint one applicant to the Vail Local Marketing District Advisory Council at the evening meeting. The applicant is as follows: Laurie Mullen representing the Lion Square Lodge RECOMMENDATION: Appoint one person to the VLMDAC 5• ITEM/TOPIC: Greenplay & RRC presentation of results for VRD/TOV written survey and focus group input. (1 hr.) 6. Matt Mire ITEM/TOPIC: Town of Vail /Cascade Village Metropolitan District Intergovernmental Agreement. (10 min.) ACTION REQUESTED OF COUNCIL: Approve the Intergovernmental Agreement ("IGA") between the Town of Vail and Cascade Village. Metropolitan District regarding cost sharing for the Westhaven Drive Pedestrian Bridge and for construction, ownership, and future maintenance of the Gore Valley Trail through Cascade Village. BACKGROUND RATIONALE: In March of 2003, the Public Works Department contacted the Cascade Village Metropolitan District (CVMD) to discuss ownership, maintenance, and easement issues in regards to the public recreation path through Cascade Village. The path, now known as the Gore Valley Trail, was an original approval requirement of Special Development District 4 (Cascatle Village) however at that time no easements or maintenance agreements were ever executed with the Town. Our initial goal was to consolidate the access easements and develop a maintenance agreement whereby CVMD would contribute towards path improvements and the-Town would then take over future maintenance of the path: At the same time, CVMD had been discussing several capital improvement projects in the area and was considering the possibility of seeking financial assistance from the Town for improvements to Town-owned facilities. In June of 2005, the Town Council agreed to assist with funding for two bridge projects in Cascade Village, hcwever due to cost increases, CVMD is moving forward with only the widening of the Westhaven Drive Pedestrian Bridge. As part of the initial approval for funding, CVMD has acquired a signed Recreation Path Easement and Maintenance Agreement (see attached) for each property crossed by the Gore Valley Trail with the exception of the Westhaven Condominiums. Execution of the Agreement is a condition of final approval and Certificate of Occupancy for the project. Once all recreation path construction is completed, the path will be surveyed and each of the documents can be executed and recorded, most likely by the end of July 2006. In order to finalize the approved funding, the attached IGA requires approval. STAFF RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement between the Town of Vail and Cascade Village Metropolitan District. 7. Tom Kassmel ITEM/TOP~C: 2006 Roadway Maintenance Project. ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project. The exact cost will be distributed prior to the Council meeting. (10 min.) BACKGROUND RATIONALE: Staff has received one bid from B&B Excavating for the 2006 Roadway Maintenance Project. The project consists of a maintenance asphalt overlay on portions of roads in East Vail, drainage improvements and an asphalt overlay on Arosa Dr, Davos Tr, Garmish Dr and a portion of Chamonix Ln. Staff recommends entering into an agreement with B&B Excavating for their construction services. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project. 8. Russ Forrest ITEM/TOPIC: State of Vail ReportNail Vision and Community Plan. (20 min.) 9. Rachel Friede ITEM/TOPIC: First reading of Ordinance 14, Series of 2006, an ordinance amending Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures used more than 7 days as a conditional use in Lionshead Mixed Use I District; Section 12-7H- 18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation. of development impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts as a conditional use of the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2006 on first reading. BACKGROUND: The Town Council periodically approves Housekeeping Ordinances that clarify inconsistencies with specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 12, 2006, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 14, Series of 2006. The motion made by the PEC included some changes to the original proposal by Staff, to be outlined in the Town Council memo STAFF RECOMMENDATION: The Department. of Community Development recommends that the Vail Town Council approve Ordinance No. 14, Series of 2006, on first reading. 10. Matt Gennett ITEMITOPIC: First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2006. BACKGROUND RATIONALE: On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 17, Series of 2006, as presented. 11 • ITEM/TOPIC: Town Manager's Report. (10 min.) The Vail Police Department's Annual Report for 2005 is included in this week's Council packet. Please contact Chief Dwight Henninger if you have any questions or comments. 12. ITEM/TOPIC: Adjournment. (8:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JULY 11, 2006, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TO: Town Council FROM: Community Development Department DATE: June 14, 2006 SUBJECT: 2006 Wildfire Mitigation Project Update Planner: Bill Carlson The purpose of this memo is to update the town council on wildfire mitigation projects in 2006. On March 7, 2006, representatives from the U.S. Forest Service (USFS) presented a general project description of the Vail Valley Forest Health Project and joint fuel hazard reduction projects on Town of Vail and USFS lands for years 2006 through 2010. The council approved a budget request for $250,000 for wildfire hazard reduction. projects planned for 2006. Units or parts of units in the Vail intermountain area originally planned in 2006 will be deferred to 2007 pending the analysis of landslide risk. by the USFS. This was due to the appeal. of the Vail Valley Forest Health Project. However, with this appeal the USFS can move forward with the following projects; Green Hill project/19acres, WUI #5/6 acres, unit #202/53 acres, unit #209/83 acres, unit #617/39 acres, unit #618/70 acres and unit #619/42 acres. • See attached 2006 project map. -rats --~ - _--t-,___~_.._~. _ r - s 1 ~ f~-i~ ~ ~ i--~----'~ -_ j ; 620 i ~ ~ r ~~, ,;G _ 2006 -WUI CE --:-~~'~ ~ -.~,.-,~ _ , ~`"-~ ~~~ 1 d~'f r t , ~~ e ,, >` ~. .-'~` ,~ .. ~~.,__ 203 y ~'~' ~~ ~'P <'-% ,~`'• ~ ~ ~ 201 ~, ~, ~ s - w~ ~ ~ ` ~ .2006 ~~ i t~' / ~///~~~ J r ~ ~ t - ~ -- :2006 ~ ~± - flt -,~-' __ r : ' ~ a ..;ir 1 ~ - /` `~--''~~ ~~.i-~ fee: ./~ ~ ~~~~~ C .~ ~_- ~ -_. ~ / / - ~ ~N - ~ . ---- ~ ' ~ X . s~ 1 C k , fi. „~ ~ / `, !. V rt r, ~ - ~ Le end ,~~ ~ - -_ .~- ~`~ ~~~ ,-. ` .. 9 Lodgepole Pine Units -Timber Sale 2~~' '~ ~ ~ " - ~o,.~-1. 2~ -_ . ; t` :~ , ~:a _ ~ ~. _, , Aspen Treatments - ~~ . /" ~ ~ ~ : ~ _ ~ `~ ~ '% '- ~~ ~~ Vail Valley CE - 200' WUI ~ , . ~ `J 0 0.25 0.5`~ 1.5 ~. 0 Hand Treat then Broadcast Rx Burn L ~ , mP 111111@S Broadcast Prescribed Bum - '" ~ ' _~ ~:~ '•,j,l `*~-^ - ~ •~ ~ 40~~ r I~ 1 ~ f, . ~ ~ ~f j ..~`-- `r"fF i ~~~J yfi _ .4 ~ ~ _ ,~~ •,~.~_','~~ •~•~~ ,`~:.:s!-1 ~ i..-..._ ~1~~ _- _.~ -_ Wit' ~ ,-1 r~ ~1~~`..~!. 1~.~~`f ~~ .~`~,' MEMORANDUM TO: Vail Town Council FROM: Lorelei Donaldson, Town Clerk DATE: June 15, 2006 SUBJECT: Appointment of Special Municipal Election Judges It is my pleasure to suggest the following six prospective appointees as judges for the Special Municipal Election to beheld Tuesday, July 11, 2006: Mary Jo Allen 1956 Cabin Circle, P:O. Box 861 Vail, CO 81657 Holiday (Holly) Cole 2084 Zermatt Lane, #C, P.O. Box 741 Vail, CO 81658 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 Karen Morter c/o Morter Architects 2271 North Frontage Road West, Suite C Vail, CO 81657 Mary Ann Best 1100 North Frontage Road West Vail, CO 81657 Mary Caster 2510 Bald Mountain Road Vail, CO 81657 75 South Frontage Road .Vail, Colorado 81657.970-479-2136/ F~1X 970-479-2320 • www. vailgov.com a RECYCLED PAPER a INTERGOVERNMENTAL AGREEMENT CONCERNING CAPITAL IMPROVEMENTS AND MAINTENANCE OBLIGATIONS This Intergovernmental Agreement ("Agreement") is effective the day of 2006, by and between CASCADE VILLAGE METROPOLITAN DISTRICT aquasi- municipal corporation and political subdivision of the State of Colorado (the "District"), and the TOWN OF VAIL, a Colorado municipal corporation (the "Town"). RECITALS The District was organized pursuant to the Special District Act, §§ 32-1-101, et seq., C.R.S., to provide various improvements within Cascade Village as described in the District's Service Plan approved by the Town on January 21, 1986. The Town has determined to repair certain improvements of its own located within the District as part of its capital maintenance program. The District has determined to construct certain capital improvements in order to improve the safety and aesthetics of improvements within Cascade Village, some of which belong to the Town. The parties desire to work cooperatively and assist each other in the completion of the capital improvement projects for the benefit of the District and the Town. The. parties desire to define obligations for maintenance and repair of the capital improvements. The District and the Town each have the power to enter into contracts and agreements, pursuant to § 32-1-1001(1)(d)(I), and § 31-15-101(1), C.R.S., respectively. The parties desire to enter into this Agreement to set forth each party's respective ownership interests and obligations concerning the financing, installation, maintenance, repair and insuring the improvements. NOW, THEREFORE, the parties covenant and agree as follows: C®T~ENANTS AND AGREEMENTS 1. Purpose. The purpose of this Agreement is to define the obligations of the parties associated with ownership, designing, financing, constructing, maintaining, repairing and insuring the capital improvement projects described below. G c~ 2. Capital Improvements and :Maintenance ®bligations. A. Westhaven Drive Bridge. a. Town of Vail,. The Town will contribute funds toward the cost of designing and constructing the structural improvements to the bridge, including widening of the bridge by adding a pedestrian sidewalk and installation of lighting for safety purposes along the bridge. The Town owns the bridge and will be responsible for structural maintenance and repair of the bridge, summer maintenance as defined in Section 4A, and snow removal from the roadway portion of the bridge. b. Cascade Villa e Metropolitan District. The District will design, finance in part and construct the structural and aesthetic improvements to the Westhaven Drive pedestrian bridge, including widening the bridge, installing a stone facade, pedestrian sidewalk and pedestrian lighting. The District will be responsible for maintenance and repair of the stone facade and for snow removal along the pedestrian sidewalk section of the bridge. B. Pedestrian/Skier Return Bridge. a. Town of Vail. 'The Town owns the bridge and is responsible for structural maintenance and repair of the bridge and summer maintenance as defined in Section 4A. The Town agrees to negotiate with the District at an appropriate time concerning funding certain bridge improvements. b. Cascade Village Metropolitan District. The District is responsible for securing winter maintenance of the bridge for skier use. The District anticipates financing in part and installing structural and aesthetic improvements to the bridge, upon securing financing and an agreement for indefinite winter use of the bridge. Anticipated improvements include widening the bridge, installation of a stone facade and installation of a removable partition to separate pedestrian use from the skier return section of the bridge. C. Gore Valley ')('rail. a. Town of Vail. The Town will survey, design and construct the improvements to the trail from the pedestrian skier return bridge, through Cascade Village to Donovan Park, including widening acid repaving sections of the trail. The trail is shown on Exhibit A. The Town owns the trail. and is assuming responsibility for repairs and summer maintenance as needed to maintain the trail in a safe and useable manner during the non-winter months. Such maintenance is defined under Section 4A and outlined in the Recreational Easement and Maintenance Agreements executed by property owners along the trail. b. Cascade Villa eg_Metropolitan District. The District has participated in the trail improvements by obtaining title work and easement.and maintenance agreements on behalf of the Town from property owners along the Cascade Village portion of the trail. The easement agreements include provisions for access to the trail site and for construction and maintenance related activities. The District is responsible for securing winter maintenance, as defined in 2 Section 4B, of the skier return portion of the trail, as shown on Exhibit B. The lighting system located along the trail is owned and shall be maintained by Cascade Village Association. 3. Insurance. A. Town. of Vail. The pedestrian/skier return bridge and Westhaven Drive bridge are owned by the Town of Vail and the Town will have an easement interest in Gore Valley Trail through the District. The Town is responsible for insuring the bridges and trail easement interest. B. Other Parties. Cascade Village Association currently insures the pedestrian/skier return bridge as well as the section of the Gore Valley Trail marked on Exhibit B. C. Contractual Obligation. The duty to insure the capital improvements described above shall be contractually assigned to the entity responsible for summer or winter maintenance of the improvements. 4. 'g'rail and Bridge Maintenance. A. Summer Maintenance. The ~ Town will be responsible for all summer maintenance requirements of the Gore Valley Trail, including the pedestrian/skier return bridge and Westhaven Drive pedestrian bridge, as shown on Exhibit A. Summer maintenance shall start each spring with the closing of the Cascade chairlift (a/k/a Chair 20) or the melting of snow off of the trail, whichever event occurs later, and will end each fall with the first substantial snow fall. The Town is not responsible for snow removal on the trail but may do so at its discretion. Summer maintenance shall include but not be limited to sweeping, shouldering, crack sealing, paving and striping, as needed to maintain the trail in a safe and useable manner during the non- winter months. Summer maintenance responsibilities will be determined and scheduled by the Town as part of its recreation path maintenance plan.. Any required work will be prioritized with other recreation path maintenance work throughout the Town. B. .Winter Maintenance. The Town will not be responsible for winter maintenance of the Gore Valley Trail or pedestrian skier return bridge. The Town is responsible for snow removal on, the automobile section of the Westhaven Drive bridge. The District is responsible for winter maintenance of the pedestrian portion of the Westhaven Drive bridge and the sidewalk between the Westhaven Condominiums and the Westhaven Drive bridge including snow and ice removal and ensuring the sidewalk is in a safe and usable condition. Currently, three entities are responsible for providing winter maintenance for sections of Cascade Way and the Gore Valley Trail. Vail Resorts, Inc. maintains Cascade Way to the uphill side of the "skier underpass," located at Westhaven Lane. The District is responsible for winter maintenance from the uphill side of the skier underpass to the pedestrian/skier return bridge. Cascade Village Association provides winter maintenance through the District from Westhaven Drive to the uphill side of the. pedestrian/skier return bridge and the skier plaza. Winter maintenance m~.y be contractually assigned to the District or other entities. 3 5. Notice. Any notice or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to the other party hereto shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or when deposited in the United States' mail, first-class, postage prepaid, addressed to: the District: Cascade Village Metropolitan District c/o Seter & Vander Wall, P.C. 7400 East Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 Attn: Kim J. Seter, Esq. (303) 770-2700 the Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attn: Greg Hall (970) 479-2100 6. Indemnification. A. CVMD. To the extent permitted by law, CVMD will indemnify, defend and hold the Town harmless from all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys' fees) incurred by the Town as a result of the negligence or willful misconduct on the part of CVMD in carrying out its obligations under this Agreement. B. The Town. To the extent permitted by law, the Town will indemnify, defend and hold CVMD harmless from all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys' fees) incurred by CVMD as a result of the negligence or willful misconduct on the. part of the Town in carrying out its obligations under this Agreement. C. Non-Waiver of Governmental Imm~nnity. The parties understand and agree that the Town and CVMD are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Act or any other limitation or defense otherwise available to them, their officers, or employees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 4 CASCADE VILLAGE METROPOLITAN DISTRICT ATTEST: By: Title: By: Title: ATTEST: By: Title: TOWN OF VAIL, COLORADO By: Title: \CVMD\AGRTITOV IGA JMF 1045v6 0020.0301 3' ~~ RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT This Recreational Easement Agreement (this "Agreement") is made this 2005 by and between day of legal address is ~ a whose municipal corporation of the State of Colorado (the "Town' ), whoset legal addressi s 75 South Fronta e Road, Vail, Colorado 81657, grantee. g RECITALS A. Grantor ~is the owner of the real property located in the 7•own of Vail, Eagle County, Colorado, described on Exhibit A, attached hereto (the "Property"). B• The Property is located within Special Development District 4 (Casead.e Village). C• The Gore Valley Trail crosses the Property, running in an easterly anal n•esterJy direction, as more fully described in Exhibit B (the "Trail") and continuing over the land unmediat~;iy to the east and the west of the Property boundary lines that is used for pedestrian, cross country skiing, biking and other permitted recreational purposes. D• Construction of a path, nov~ p~3m of the Trail, was an original approval requirement of Special Development District 4. E• Grantor grants the Town an easeni~~nt. ba~~d apon the•surveyed center line of the Trail, over and across the Trail, under the conditions set forth below. GRANT. 1 • Grant. For Ten Dollars and other ~ nud and valuable consideration, including the covenants and conditions in this Agreement, the receipt and sufficiency of which is hereby acknowledged, (Trazitor ;;rants to the Town a permanent, non-exclusive easement (the "Easement") (a) over and acrc,ss the Tr,;il fir use by the public for biking, cross country skiing, pedestrian and other recre~uiunal uses permitted by `t'he Town, and (b) over and across the Trail and the Property immediately adjacent to ~tF1e Trail, for use by the agents and employees of the Town as reasonably necessary to carry out the obli~ar~ons of the Town under this Agreement. 2• '~'~?n=Exclusive 1-:asement. This Agreement does not grant exclusive use of the Easement to the Town. Granter 17i~'~y use the Trail for all purposes consistent with the use of the Easement by the Town and its agehts, enip(o~%ees, licensees and invitees. Any use of the Trail by Grantor shall not interfere with the use ofthe Trail by any person or endanger any person using the Trail as contemplated in this Agreement. 3• Maintenance and Operation. By accepting and using the Easement, the Town agrees: a• The Town will maintain, operate, repair and control the Trail, at the Town's own cost, as necessary to keep the Trail in good and safe condition. Without limiting the meaning of the preceding sentence, the Town will be responsible for repaving or replacing the surface of the Trail as necessary, and for keeping the Trail cleaz of debris. The Town will have the right to remove any objects and to trim any landscaping interfering with the use of the Trail. The Town will also have the right to use as much of the Property immediately adjacent to the Trail to perform surveying, construction, maintenance, repair, removal and replacement work on the Trail as. may be required to permit the operation of standard machinery needed for such work. Following any such work, the Town will promptly restore the surface of the ground ~ to its former condition, as nearly as practical,. and will promptly replace all trees, bushes and other vegetation removed or damaged by the Town, except those trees, bushes, and other vegetation and landscaping which, in the Town's sole judgment, interfere with the safe operation of the Trail. b. The Town will be responsible for summer maintenance of the Trail through the individual properties through Cascade Village. Summer maintenance may ir.~~ hide sweeping, shouldering, crack sealing, paving, signage, and striping as needed to maintain the p<>i~ irl a safe and usable manner during the non-winter months ("Summer Maintenance"). c. Summer Maintenance will start each spr.irig with the closing of the Cascade Village chairlift (a/lda Chair 20) or the. melting of snow off of the frail, wluch`E-~r:r event occurs later. Summer Maintenance will end each fall with the first substantial snow fall. f'he Tnwn will not be responsible for winter maintenance of the Trail, however, the Town may snow ploy, the,~ath at its discretion, with the exception of the section of path used for skier traffic. The Tov, n ;hall have the authority to-close the Trail, in whole or in part, from time to time as needed to perform its duties and responsibilities. d. Summer Maintenancr~ r~~ponsibilities will be determined and scheduled by the Town as part of the Town-wide recreation path maintenance plan. Any required work will be prioritized with other recreation path maintenance work thrciu`~h~~ru the Town. , e. The To~t~n shall be responsil~IC fc~r maintenance up to the edge of asphalt or gravel shoulder of the Trail, u~hi~hzt~er is greater. E f. "i he :ho~~ n «ill be responsible tier enforcing any rules and regulations applicable to the use of the Trail in accardan~e ~~~ith the ordinances ot~ the Town. g. The Tuwn Tnav ~untra~t ~~-ith other public or private entities to provide these services for all or part of each year. , 4. Insurance. The Tug<<n- will carry general liability coverage in the amount of $2,000,000 per occurrence against damage to or loss of property and injury to or death of any person occurring on or about the Trail. The policy will name Grantor as an additional insured, will obligate the insurer to notify Grantor at the address above of any change or cancellation in coverage at least 30 days before the effective date of the change or cancellation, and will include a contractual liability endorsement sufficient to cover the indemnity by the Tawn set forth above. Upon execution of and as a condition to Grantor's performance of this Agreement, the Town will deliver to Grantor a certificate evidencing this coverage, and prior to the expiration of any such policy; the Town will furnish Grantor with a certificate confirming renewal or replacement coverage for the expiring policy. 5. Leal Description. A metes and bounds legal description of the Easement shall be attached to this Agreement prior to recording, based upon the surveyed center line of the improved Trail. 6. Termination. If the Town permanently abandons the Easement, all right, privilege and interest granted to the Town under this Agreement will terminate; however, the burdens and obligations imposed under the Special Development District 4 will remain on the Property. 2 ~r 7. Warrant~by Grantor. Grantor warrants to the Town that Grantor has good and indefeasible fee simple title to the Property, including the Trail, subject only to taxes not yet due and payable and matters of record. 8. Covenants Running with the Land. All provisions of the Agreement run with the land and benefit and are binding upon Grantor, the Town and their successors and assigns. 9. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the Sate of Colorado. 10. Temnorarv Construction Easement. The Grantor also grants to the Town a temporary twenty (20) foot easement for construction purposes ("Construction Easement") in, to, through, over and across the Property along the current location of the Trail ("Construction Easement Area"). The Construction Easement is granted for vehicular and pedestrian ingress and egress to and from the Construction Easement Area and for the Town's use to do all t ,~hin~s reasonably necessary to construct and install the Improvements including, but not limited toy surveying, constructing and installing the Improvements, and transporting construction materials ,and equipment. Upon expiration of the temporary construction easement; the Town shall restore the. temporary construction easement premises to substantially the same condition it was in prior to the Town's usc. 71ie '`awn shall not leave any rubbish or debris on or about the temporary construction easement premises. The temporary construction easement shall commence upon the execution of this Agreein,:~n'r,and terminate upon the earlier of completion of the intended construction within the Premises or on JaTI art' 1, 2007. ~~ ~~ ~ IN WITNESS WHEREOF, the parties have executed this Agree~r~:>nt as of the day and year first 4 set forth above. _ GRANTOR: d - ~> STATE OF COUNTY OF ~~ ,' .~ \~ -~ ~y'ss. ,:' By: _ Title: T'he foregoing Recreational Easement and Maintenance Agreement was aclrnowledged before me this day of 2005 by as Witness my hand and official seal. My commission expires: [SEAL] Notary Public 0 ATTEST: By. _ Title: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) GRANTEE: TOWN OF VAIL, COLORADO By: _ Title: The foregoing Recreational Easement and Mainten~~ice Agreement was acknowledged before me this -day of 2005 by and by - - , as Town of Vail. ~~ -~ `~~~ ~ - of the .,~ ~; ~ ~ Witness my hand and official seal. ~~ My commission expires: [SEAL] i ~ ` Notary Public ~;.': ,~ CVMD\EASEMENTS\TOV \ 1MF0441 v6 . 0020.0606 ~~ 4 r' 0 Exhibit A Legal Description of Grantor's Property ~- ~` .y 0 _ Exhibit 13 Legal Description of the Easement (Trail) CONSENT TO GRANT OF EASEMENT as beneficiary of the recorded on at in the office of the Clerk and Recorder of Eagle County, Colorado, and encumbering the Property as defined in the Recreational Easement and Maintenance Agreement, attached as Exhibit 1, for itself and its successors and assi s consents to the ~ ~~ gn , grant in that Easement an~ gees That no proceedings to enforce its rights under the by foreclosure ~~r otherwise will extinguish or otherwise impair the rights conferred under the Recreational Fa:~ement and Maintenance Agreement. 'v , ~~~ IN WITNESS WHEREOF, the undersigned has executed this Consent'to Easement on this day of , 2005. '~,._,~ f LENDER: ~" ~. .~ I3 v' ,~ .. ''Printed Name: Title: ~ - ~, -- -~ STATE OF ) ~`t ~~ COUNTY OF ) ss. :'`, ~,, ) ~. The foregoing instrument was acknowledged before me on this day of 2005, by , as , of WITNESS my hand and official seal: My commission expires: (SEAL) Notary Public EXHIBIT 1 COPY Off' RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT ~;.- 9 _ . . 1; }~ ~nw~oFynrL VAIL PARKS AND RECREATION MASTER PLAN FINDINGS PRESENTATION VAIL PARKS AND RECREATION MASTER PLAN VAII RECREATION D I S T R I C T VISION STATEMENT: Through a partnership between the Town of Vail and the Vail Recreation District, assure a comprehensive offering of park and recreation services for residents, visitors, and workers. This is accomplished by being both a direct provider of facilities, activities and services, and extending the partnership to include other public, private and non-profit organizations that are better able to generate additional capital funding and provide specific activities and services open to the general public by working with the Town of Vail and the Vail Recreation District. GOALS: • Provide a basic level of core parks and recreation services for the residents of the Vail Recreation District and the Town of Vail. Provide recreation activities to attract and accommodate visitors to Vail and to encourage visitors to stay in Vail; complementing the alpine skiing opportunity and recreational on-site resort opportunities provided by the private sector. • Offer quality commensurate with the fee charged. FOCUS GROUPS -FINDINGS: PARTICPATION • 6 Focus Groups • 54 Citizen Participants • Community-wide Representation • 12 Hours of Input • 18 Questions S UMMARYOF KEY FINDINGS ^ The wide-variety of recreation resources, activities, and opportunities currently provided is highly valued by the community; ^ Partnerships and a regional approach to programming must be strengthened to improve or increase recreational opportunities; ^ The Town has limited quality public indoor recreational facilities. Substantial capital improvements to existing facilities within the Town are needed, such as the Golf Course Clubhouse, the Nordic Center, the Youth Services facility, and the Tennis Courts. ^ Request for more significa~.lt public involvement and feedback regarding the allocation of recreational funds, a balance of user fees and taxes, and transparency in financial reporting; ^ Increased community awareness and marketing of recreation programs, resources, and facilities is necessary to the economic vitality of the Town; ^ Recreation programming must balance local needs with tourism, provide special events to increase revenue, provide activities for an aging population, and be accessible to all demographics and income levels; ^ Ease of parking at the referenced facilities needs to be evaluated and remedied through collaborative efforts between the TOV, VRD, and Vail Resorts. COMPREHENSIVE QUESTION RESPONSES 1) How long have you been a resident of Vail, CO? ^ 11% _ <5 years ^ 4% = 5-9 years 25% = 10-19 years ^ 39% = 20+ years 21% = Not a District resident, but use programs and services, or work in Vail 2) Where do you go to recreate indoors? What providers do you use? Vail Recreation facilities ^ Vail Gymnastics -dance, karate ^ Vail Golf Course Clubhouse (cards/games) ^ .Imagination Station • Dobson Ice Arena Neighboring Recreation District Facilities ^ Avon Recreation Center ^ Silverthome Recreation Center ^ Brush Creek Recreation Center (WECMRD) Private Fitness Providers ^ Private Homes . Cascade Club ^ Private Club in Avon ^ Yoga for Athletes ^ Vail Racquet Club ^ Vail Athletic Club ^ Homestead Court Club (fitness and tennis (indoor and outdoor), lap swim indoors) ^ Aria Fitness Center Hotel and Lodging Fitness Facilities • Ritz Carlton ^ Sandstone Creek Club (timeshare fitness facilities) Local Schools ^ Colorado Mountain College -tap dancing, martial arts • Edwards and Red Standstone Schools ^ Local schools Hospital ^ exercise program for seniors 3) What are the District's STRENGTHS when it comes to parks and recreation that should be continued over the next ten years? ^ Wide Variety of Programs, Activities, and Services ^ Vail Hauling and mountain bike series ^ Vail Golf Club and (Hens' and Ladies' Club) o Lessons and clinics o Course is very well kept, make good use of location ^ Tennis o League play - mens/womens o Club 50 on Thursday morning o Clay courts at Ford Park o Courts at Manor Vail -are free, left over from Gold Peak ^ Variety and lots of activity for small town ^ Good job at servicing the locals and tourists (trying to serve both) ^ Great staff/program coordinators ^ Dobson Ice skating instruction, figure skating shows ^ Instructional golf ^ Adult softball ^ Revenue-Generating Special Events ® Special Events- lacrosse and soccer tournaments, 4~ of July, concerts ® Good participation in activities that help tourism and economic sustainability ^ Youth Services ^ Youth Services outstanding ' o Before and after school program (pre-school through Stn) ^ Camp Vail, Imagination Station, growing after-school program o Grade school, middle school activities o Gymnastics program and facility ^ New Indoor Facilities ^ Donovan Park and Pavilion ^ Vail Gymnastics Center ^ Outdoor Facilities, Fields, Parks, and Paths ^ Nordic Center o Maintained trails ' o Nordic shop o Nordic Activity in general throughout the area ^ Recreation paths, trails- in good shape, adequate, alternatives to auto (Vail Trail) ^ Parks -neighborhood parks o Two leash-free parks (Bighorn), good shape, multi-use, clean, well used, grills, restrooms, playgrounds, athletic fields ^ Ford Park- a lot of activity (softball, soccer, lacrosse) -add vitality o Nature center, amphitheater, Betty Ford Gardens ' Outdoor fields and the programs (soccer and softball) ' Outdoor program • Betty Ford Alpine Gardens ' The Nature Center • Partnerships • Good .partnership with WECMRD ^ Better working relationship between City Council and VRD Board ^ Partnerships (Vail Valley Foundation, Committee of Special Events) ' Working wifh WECMRD not trying to duplicate- good recent coordination 4) On a scale o.f 1-5, how satisfied are you with the quality of CURRENT PROGRAMS offered? And why? (1 =Not At All Satisfied - 5 =Very Satisfied) ^ 1= Poor, 3=Good, S=Excellent - 96% Answered Good to Excellent - 50% Rated the District a 4 ^ Specific Input - Vail provides a wide variety and quality recreation activities and services 5) On a scale of 1 to 5, how would you rate the quality of CUSTOMER SERVICE provided by the District? Please elaborate. (1 =Poor - 5 =Excellent) ^ Ratings ' 95% Answered Good. to Excellent . ' 65% Rated the District a 4 or above ' Specific Input ^ Recent changes in leadership has led to more communication and responsiveness ' Staff is very helpful and listens ' Customer service has greatly improved in the past couple of years 6) On a scale of 1 to 5, how effective is the District in SEEKING FEEDBACK from the community and users. on improving its performance? ^ Ratings - 1= 0% - 2= 6% - 3= 30% - 4= 53% - 5= 11% ^ Specific Input ^ Participants had not been asked for feedback before ' ~ Some felt that there was a iot of outreach for recreation activities ^ Problem of balance of resident needs versus visitor needs ^ Concern that information does not lead to action in some areas 7) What ADDITIONAL programs or activities do you feel the District should offer that are currently not available? Age-based ° More senior programs (related to aging of population) -some of it is offered in Avon ^ More teen programs (mentor program); need teen space Aquatics Sr., family, youth - (basic indoor pool - not sure it is realistic) -drop in, lessons, laps, certifications 'T'raditional Sports ° Hockey and soccer leagues for recreation/non-zealots -more drop in/open ice for training, drilling ° Indoor soccer (at Dobson) ° Tennis lessons and camps ^ Add weekend softball tournament back in (Labor Day tournament) ° Sports camps run by the District -baseball, basketball (not by for-profit groups) Alternative Sports ° Kayaking ^ Rock and ice climbing (instructional and competition) ° Inline skating and skateboarding Special Events ° Special Events -Ride the Rockies, Triple Bypass (Evergreen to Avon); Town and VRD cannot figure out how to use Ford Park to hold event finishing party or overnight stop) ° More events and concerts at Dobson Ice Arena -1 last winter!!!!!!! Golf ^ .Joint pass and programs between Vail and Eagle Vail Golf Courses Indoor -Youth ° Indoor playground, family fun center -Imagination Station does not have enough space General Comment ° Don't add new programs until they can improve on what they have 8) Are there any parks, programs or facilities currently available that are WEAKNESSES? If so, which ones and why? ° Need programming position or marketing, to increase usage and participation ° Marketing of programs, collaborative efforts (cross-market between winter and summer, non-skiing activities) ° Need a volunteer coordinator in order to manage effectively, thin staff needs to count on volunteers ° Citizen input committee to guide programming (Board is too golf focused) ° Buildings are not maintained well (Kids Zone, Clubhouse) ^ Kids soccer program (not well managed, poorly trained coached, low level of play) ^ Reevaluate golf fees, lower prices (Eagle Ranch is nicer) ^ Gymnastics registration is difficult and customer service is not up to par, no one at front desk to greet you, instruction too intense for 5-6 year olds, yet too lax for some, inconsistency in instruction 9) On a scale of 1 to 5, how satisfied are you with the quality of the EXISTING District parks and recreation facilities and level of maintenance provided by the District? And why? (1 =Not At All Satisfied - 5 =Very Satisfied) FACILITIES -Ranking exercise not particularly effective -general comments: ^ Not up to the image of Vail. Some good, most average or below, some bad ^ New facilities (Donovan, Gymnastics) and parks rated high ^ Athletic Fields rated above average ^ Dobson and Nordic facility rated average ^ Golf Course Club House rated below average, only pulled up by restaurant remodel ^ Older facilities need upgrading or replacement, maintenance is very good, facilities are bad, especially the Golf Course Clubhouse ^ Dobson is an old building but the ice is well-maintained and very popular with the locals; people want to see state-of-the-art ^ Parking is a major issue of concern 10) Are there any parks, programs or facilities currently available that should be ELIMINATED? If so, which ones and why? ^ Softball field closest to amphitheater should not be used when amphitheater is doing a concert. (2 weeks out of the year) ^ Focus on making what you do very high quality, don't spread too thin, too many conflicting programs, can't be all things to all people ^ Keep an eye on tennis trends, court use numbers seem low, need for lessons, change some courts to a skateboard park, partner with Vail Racquet Club ^ Change land use of Dobson- expand or create a new facility with multiple uses and activities, make more use of it ^ Art Shack outside of the Betty Ford Alpine Gardens, return to historic building ^ Some pocket parks w/limited activity (use for dog park, many want to leave as open space), however, families use who live in neighborhood 11) What improvements are needed iai EXISTING parks and recreation facilities or maintenance? Please identify the .location and specifics of any maintenance concerns. Where are these improvements needed? ^ Golf Course -needs some minor changes ^ The Golf Course Clubhouse -major renovation or replace, not ADA compliant, not user friendly, aging, leaking roof, does not represent image that Vail wants to portray (some disagree - b/c of remodel, live in teardown community), lack of storage for golf maintenance; building is asked to be too much, it is just a municipal golf course, isn't going to be more than that, Board members have golf as their primary (or only) interest. ^ Poor I`TOrdic track grooming and facility, locker room inadequate, restrooms inadequate for numbers; Nordic does not pay - no one has ever asked them to. ° Dobson underused for ice activities, locker rooms not adequate quality, tries to do too much-special events displaces ice activities; Skate shop is inadequate, is it feasible? Dobson needs 2nd sheet of ice, lack of capital improvement plan ^ Tennis courts -need renovations to foundations, Gold Peak, Booth Creek are not kept up. Only ones being kept up, at least partially, are the ones you need to pay for. ^ Ford Park: Put lights on athletic fields to compete with WECMRD - increase special events; increase sponsorship and signage at fields; improve locker rooms at Ford Park; eliminate 1 softball field and improve the others; softball field drainage, needs better upkeep, re-leveling; storage for sports equipment; increase/improve parking; artificial turf; dig up softball fields for parking structure, raise fields to street level; need ballfields and i/z stadium (back up to amphitheater to avoid the noise issue); bond, don't do new tax ° Transportation to and from facilities and parks; resurface some bike paths and trails ^ Youth Services Facility -commit to upgrade or move to a new facility 12) What NEW recreation facilities or amenities would you like to see the District provide? ® Don't add anything new -maintain what you have Outdoor ® Skatepark, not necessarily permanent, but improved from what we have now (like Edwards and Eagle) ° Mountain biking facility/course ° Sledding hill for youth and families, somewhere on the bus line ° Par-3 Golf Course ° potential for new recreational outdoor rinks at Lionshead and Crossroads Indoor ^ Centralized offices for the VRD ^ Swimm;ng pool/Aquatic center -some think not needed b/c not financially sound and lack of demand, seniors want therapy pool ^ Competitive swimming facility with diving tank Multi-purpose recreation center (pool, ice, workout -one building), we need a gym to go work out with reasonable rates (would be great but not necessarily top priority) o Basketball courts, volleyball and indoor soccer o In partnership with a hospital o Climbing wall o Open-Flex Space o Multi-purpose room ^ Nature Center needs ne~~v indoor space added to grounds, with water and sewer ^ "Recreation Center with multiple activities (pool, basketball, fitness equipment, multi-purpose rooms, racquetball, climbing wall, etc.) 13) Are there any portions of Vail that are UNDERSERVED? Please explain (i.e., what market segment needs more attention, like age groups, geographic locations, special interest groups, etc.). ^ Youth -ages 1 to 8 ]nave no alternative to skiing in the winter, no indoor activities ^ Teens- teen nights, cost is a factor, better awareness of what is available, took away New Years party. ^ Seniors -concern that population is increasing, need to be prepared ^ Lower income kids do not have insurance, so even if activity is free, can't participate. ^ Non-residents, those who live outside Vail and the VRD ^ Handicapped- lack of accessible facilities, transportation, and parking ^ Some recreation users, Golfers- not getting the value for their money; public skaters- lack of sessions 14) Funding philosophy Taxes ^ Taxes are ridiculously low; should support the facilities and capital expenditures; should be raised to provide world-class facilities; should help with programs; use to keep fees reasonable; increase to bring down residents' user fees ^ use lodging tax for recreation facilities, keep in place and continue to use User Fees ^ Non taxpayers should pay higher fees than residents (generally, based on .what the market will bear) Always should be a user fee, but User fees to support programs Alternative Funding ^ Increase corporate giving and sponsorships 15) Do you think residents would SUPPORT a tax increase, operating levy, or bond issue to build new facilities desired by the community? ^ Needs to be well defined: what, where, when, why, how much, impact to average tax payer ^ Need to overcome credibility issue first, continue effort that has begun ^ Needs Town Council support, education and marketing campaign ^ Some will say no regardless ^ Residents fees would have to reflect this increase Resolve question about where the conference center funds will and can go 16) Who are the KEY PARTNERS AND STAKEHOLDERS we need to speak with to create tote best possible master plan for the community? ° School district ® Local clubs/user groups (Ski Club Vail, Vail Club 5a (900 members), Skating Club, Vail Jr. Hockey, cross-country skiers ^ Local marketing district; Tourism Bureau ° Chamber of Commerce, local businesses and owners; lodging and rental companies; Vail resorts; Developers; Hospital ® Full time residents, property owners, 2nd homeowners (are those opinions different?) e Other providers: Neighboring recreation districts, private health and fitness clubs; 501 (c) 3 organizations who provide programming (Vail Valley Foundation, BRAVO) ® Water and Sanitation District - VRD needs to measure water diverted from the streams and be accountable ^ Needs to be a citizen's committee for this project 17) Are there any SENSITIVE ISSUES we should be aware of that could impact the success of the District and Town of Vail's master planning efforts? ° Vail v. down-valley ° Old v. new residents ® 2nd homeowners are here longer periods of time now (6 months) ® Parking (winter and during special events) Softball players having to pay for parking ° Conflicts between users (lots of examples, but bike path with strollers and 30' leashes makes it impossible for bikers at some times) ° What's important for the locals, yet events are economic generators ° TOV v. VRD -lease of golf course land expires in 2015, would have to pay 90% of best use of the land, needs to be resolved sooner rather than later ° Impacts on local homeowners ° Cooperation between TOV and VRD, lack of communication, control issues ° Tax and fee structure ° Vail Golf Course focus 18) Where do you get INFORMATION on parks and recreation services? Are there any cost-effective methods the District should use to distribute information about parks, open space, trails, and recreation services? ® Vail Daily, Vail Trail ° VRD Mail and Emails, District brochures ® VRD website ° TOV schedule of events, mailed newsletter ® Radio/TV 8 Fliers through schools (don't seem to be in private schools) Word of mouth ^ District staff Other Recommended Methods to Employ: ^ Need standards for types of information to be provided e ^ Need to update user information for mailings -get to the right people/demographics ^ Provide links on other groups' websites ^ Distribution of information to concierges 19) Prioritize the TOP 5 key issues and values in the Vail community, for the next ten years, that need to be considered while developing this master plan? Vision for Cooperation ^ Spirit of cooperation between TOV and VRD ^ Regional approach to programming though cooperative effort with neighboring park and recreation providers ^ Cooperative approach to user conflicts building relationship between groups, using master scheduling and purposeful problem resolution, keeping recreation flan ^ Address Parking issue comprehensively for Town of Vail Capital Improvement Upgrades or replacement to existing facilities including golf course clubhouse, golf course renovations, youth services facility ^ .Priority list for capital improvement for aging facilities Consideration of new facilities including amulti-purpose indoor recreation center ^ Major renovation to solve multiple problems such as those at Ford Park including use conflicts, parking, underutilization of existing space, access issues, condition of restrooms, etc. Funding ^ Recommendations for funding for capital improvements (renovations and new) ^ Financial/Business Plan to address staffing, management philosophy of how to manage, financial accountability, fee policies and structure ^ Balance user fees and taxes, provide quality that people are willing to pay for Awareness ^ .Marketing and communications ^ Programming, communications, and marketing Programs ^ Balance local needs with tourism Return to special eveni:s focus for generating revenue Anticipate demographic shift increasing percentage of seniors as a proportion of the population STATISTICALLY-VALID SURVEY FINDINGS: Hove well do you .Ih~nk the parks; trails; recreation faeili~ies; and programs & activities provided in Vail are ., currently m;eeti,ng the needs of the community? ' - ~ 'd ~ .3%, ~?Si A7". eEb ~ i3'k o:fb ?:,s, ~ ra ,,,.. .-'°{ r~tAYl3tC,Y4:Sii•:~E +~AtLSf ~, ATnL'cTIG FiflpS (n=213; .'•'..~a~.aFA{y ANp F:Th1fT~'cS. jn.3i} ~ ~~~'~/) RcL?,=c,Ta~N fiK^,iLliiE~.io-3ni! vY L1..B• w/t WtCV2~fpN D~ S r e i e r PRELIM{NARV DATA hapare s:, P.RC Assaiaies J~ .? 9, 205 Frequency and Ratings of Recreation Facilities andJor Programs 1URNI8 ;.,. . ~. •: : _. -_:.: ~ _ s ,, tai- ~ x~ me ~ ~ ~•' s- Esnu.nc .. ~ ~ s _ rERrtott F~raaFr, ~Ear.tt .a?; {~ x cac aaa `. =-t'- " ~'TYFP{~±j>iaW .i1~LE,J~!n-j4i} ~ (7'ttt3¢S.e6E~} kw1WilJNi~RRt(,_?77; ral~~~ ~~eon,.~zls; ~. tjd. ~ mne, a, {3 j ms>es tse~ .. M1IE1Grf30n+b?CG F.-fihstn-=:L7 _ j .. 89 i155fitite5 cscfii :G;k ~~Earfiyirr~:d?: I 15k La..:Fc~~TlChti?-TF$,n-;:) 8{ ItL591S1E3 lGa~} (- ~WLG714NA?'IC CcNT,A rn .2 - :. 81 1 ~43~rties weA> , 'a:.~i3=t.L RA'"n'.ti c sF-_iS r, IS..~ 'r<"viTcNNsSCFnlTFR je~itly _ '•~~ 'st~is~J) i^01 NATLM'.c GEfiTEA s ~T: 1 o{? s~~ ' 0' ` ' " 76 ~': 1 • , es ~~ti d. ti.n , OC CE4TEn +F -, AL3.i!NA:.YJ\STAT}v^kCF4 ?..s?VS GISU:~nY~~~'_F /r.34'i ~ 71S Stmt 'ust3~} 70°'e i. .3 trtn t~[t~ e i<. rimes FED--~:itr'TONEGi1~NA:~IA,1 {.~i3i I ' . (2.35:ISUS :ant Vrl-7. 5 =?F.: i~tiM3 : - d3'. ~G.3 x us :) N;a! GOLF CJ~R'J_W~.._I,EkC:IiS'c t~_~; j at7.3'.es~ ~) ~ JC°wi Stim Ix- V \ly .__--~ -- -- --..~_._--- ..._.._- ---1 PRELIM{NARY DATA wat reaew~~ D t; r r ~ c r Raytcd 6•;, :2RC :.su:.i;tes 4P14Y~ i~/hich programs do you currently par~icipa~e in; and • which need to he'expanded, irriproved, or added? Pnctm F'c iporM ip ~`•. ~ GL,'ge ~.5 w Special Eti'ar;s ~ .... z1ti ;. ' ~'. Fi?~essarro~nt~Ir;e_spragarrs ~ ~ '~• :' ~ ` . __ .., ': ~. ,. ,_.. _ ._. 375 _:, :.. _ ._.. .;: :. pay r~rp pc~ei rn, =9rens.:~~ral~ar~prx~rt~ :,'",'S' - auirrrng prxyars - -._ _.. _ ~s5 EnvanrrcantaleducauT }•~ - - . ':'o#enffizr psoyrzrs i~ :53 Gyn:,usks ~raRand y _ . f'S~ SeniD; ci;zn p.ogr;ns f ~.. 77~: uenecai ed~ra€cn ~ :" snCL= educeacr. _ _.. Sifa~parS( ~5 _ ;{ Taen aca~i5ei ~ F`~'~oe n .c 9 __..._... ^.'~td'W bt trFarcta,'~g oven Specalr:9edsieterapeu~ 3'~Si,c vw: {taQ.v~rr D ~ S t t l ~{ PRELIMINARY UATA ?~'apareq by, RRC As-~cciatrs Juaa 9, 200E Importance of the Following Indoor Recreation Features - °'t el Ina.ca'ing 4L5-hry~ 2 l3 Vr rY rJrlant" B,_ GL.1'tr'.' ~ _ .. _.. _ • ~ ... ... S:TL ~.O~FSE {a~?5 7EElt~CTfJf ka Ax a,:-3i .. Oik C_IRS~BJ hALL;?•35~. . ' ~ L':0^.~i A00ATF]G'_NT_i;..30. ::n:0 r,Av A PAFC~& CEkFE"n bw'Sfi'r.=3y, . kUIT!~.;p.?,.:.; _F%GE:j„3.E :'EF.F03`.1R'G a5T$ E?KJE G"=33E ?A"uC'c iFUJRJ':rFCEICB k=3)5 G'r33Ka~.AU4f ;c=3'E', IND.-;F TFk'K;.~-3s], S+iR:A B oT E{d.t ii`U«; ~=3'•ti AC~~:E" Bi:1 :i1.V;E ;L~':uL! EY?:~::-Jt!=.TS :-a:-05: ~=''>~tiA'EO S':'GF, r.:Ea (r~=3:3; A4TS ] CkAFT 5 1 ~v1f ;-.?31k Y'~ : Ri~turpH ars.{ic{ PRELIMINARY DATA R~aF=r.d by, P.RC A~ cri;[es h~n= 9, '006 &~ '. . ~QF v `4 VViat aye the tap 3 areas that VRQ should; focus oti- ghat ,;would increase yo~a,r Frequency oi` use,of facilities, Too csek. - wsnoa ee ,u `' - Tube erroa . C9i. Sk;0% i54 ~ 'nn ?Yb l! 'Pi soli cY,t +*a 6Sx iG% GS Mi t:?i - ti% ~' 25§:w'9 ccn rvsa 1J ' Fac«: b It +24~.+~ ,~a.= . s a ~ :.n. ~..... u.~ .o.~-..: «a:~ivn e..rm <v-:m~: ~:a.:~.~oe_, ~ s.:.i .:~,~~u-;,-.,~w ,9c: u<~a ~s.._-w.nn.e. Uea~ o.«..~.,,., ( a..d.-,~.~.. ~ ae..~.d,.a ems.«wM> ~x I ._~. su.r..<. ..,>....~„~. '\y ~,!/ P'RELIMINARY DATA eut erawmw ~ ~arrd 5y, RRl :ss~cixtNs D r s i . ~ e . one S, N06 ~pcq~~ 1uiW `t~lhat are the top 3 areas that 1iRD should focus on.~hat would increase your frequency of use of facil~t~es~ Top3GucesCmmh~.ed ~~ Cpi. lily ~$~..., ~°b L`i~ J['f~ '... ~ {(~6 ~.,... =~xa'Fre35C~~~n~s . ~ .. Pti,~x;~s Fa-ovd~T,era~s Froyrd714i 8234 '6r,~o_ 3.'.Y2 tN.7F.3pn DCLp ayS2: P.I:i~'iC~ 07fj'ddt' :d1}'.+x21 ~~=~ t o~ s i~ODer20Ct1 t.~'SC4`IEf SP.":.t1v5'd~?lL7y;'NG~ Ca;ali:/rAega„me7; 3Emr eaD; xrao-n ttrer Yt 11.x" M1L M~NI(Yy DrST~rCi i ~, a T- ? ':V% ,..~ fi ; :xs i ~ _ _,1 .;M: - ~M{ +ix ......~.._ SR.. ._........._... ._ ............. .................... .................. .........._._~. VRELIMINARY DAiA ~ap2re6 `y, RRC Ass.DCUtes Jana 9, 20DB 0 .:.c ?Se i 46c.:. ,n; I T c: m I T<c kr_ I .Sa::rr an .tnri Ge4iYJ x .ygp111~n ?•O,y.,f•iJt :6:z CY 7'.•, ni b AAK1U!: C,h. cI. ~,' aF'.l' ,? ~-' AS't't C'~R?,_3T (E.P'b:-ch .M1 +,ti~ E ~ D'v'?CrN SL 't, ~P.~: .i4'1 ;+aTi6i 7.fA;N iAItil4b ~JRRE.4 ?AP -:. ..:+':°•TYSALE£T.J l4 AMC ,n .AC i;~T._. -At.7 RE R~T,~C/V F~t.:7dC4L 4![.?v^+} FA; UT _$ PRELIMINARY D67A ~ etos~+e++ M~-ar o r s r~ r e r -f dd 'Gy, nRC Asada[r.; Ju^e 9, 2t10b ~~, .. C RECREATION/COMMUNITY FACILITIES AND PROGRAMS IN VAIL INCL UDE 16 Miles of Recreation Paths Imagination Station/ THE FOLLOWING: Gymnastic Center Betty Ford Alpine Gardens Children's Discovery Center Library Dobson Arena Dog Parks Nine Neighborhood Parks Vail Mountain/Adventure Ridge Donovan Pavilion Outdoor Ice Rink (next to Golf Course Clubhouse} Nature Center Ford Park/Softball and Athletic Fields Red Sandstone Gymnasium ~ Nordic Center Tennis Center Gerald R. Ford Amphitheater Golf Course and Clubhouse Whitewater Park CURRENT PROGRAMS and FACILITIES 1. Overall, how well do you think the arks trails, recreation facilities and programs & activities provided in Vail are currently meeting the needs of the community? (PLEASE REFER TO THE ABOVE LIST) PARKS (n=410) PLAYGROUNDS (n=346) TRAILS (n=408) ATHLETIC FIELDS (n=349) PROGRAMS AND ACTIVITIES (n=336) RECREATION FACILITIES (n=385) 2. ~% ~~% 20% 30% 40% 50% 60% 70% 80°,/0 90% 100% 87%0 84% I ~ I 82% ~ i I 79% I ----I - ---- -I-._..__. ®4 & 5 -Mostly and C ompletely Approximately how many times in the last twelve months have you or members of your household used the following recreation facilities and/or programs, supported and managed by various organizations within Vail? (ENTER NUMBER OR 0 IF NONE}. Then, rate the quality of any that you have used on a 1 to 5 scale, where 1 means "POOR" and 5 means "ExcELLE?vT." GERALDR. FORDAMPHITHEATER(n~63) BETTYFORD ALPINEGARDENS (n~41) VAI L MOUNTAI N (n~71) DONOVAN PAVILION (n~75) NEIGHBORHOOD PARKS (n~24) VAIL LIBRARY(n~43) 16 MILES OF RECREATION PATHS (n~94) VAI L GYMNASTIC CEMER (n~2) FORD PARK/SOFTBALL ANDATHLETiCFIELDS (n=153) VAI L TENNIS CENTER (n ~8 ) VAI LNATO RE CENTER(n=127 ) VAI LNORDIC CENTER(n=136) IMAGINATION STATION/CHILDREN'S DISCOVERY CEMER(n~4) DOBSONARENA(n=190) REDSANDSTONEGYMNASIUM(n~3) VAIL WHITEWATERPgRK (n~3) VAILGOLFCOURSEANDCLUBHOUSE(n~25) OUTDOOR ICE RINK (n~0) Percent Indicating "4 8 5 -Excellent" 0% te% 20% 30% SO% 60% 60Y, 7°% 69% 90% X00% 90 16 MILES OF RECREATION PATHS (n~9T, VAIL MOUNTAI N (n X03; NEIGHBORHOOD PARKS (n~01~ VAIL LI BRARY(n~{t6) GERALD R. FORD AMPHITHEATER (nom 13) VAI L GOLF COURS EAND CLU BHOUSE(n~t6) D06SON ARENA(n~i 11) B ETTY FORDALPINE GARDENS (nom i6) VAIL NORDIC CENTER (n~09) FORD PARKS OFTBALL AND ATHLETIC FIELDS (n~06) VAI L GYMNASTIC CENTER(n ~Ofi) DONOVAN PAVILION{n~10) RED SANDSTONE GYMNASIUM (n~05) VAI L TENNIS CENTER (n~08) VAI L NATURE CENTER (n~10) OUTDOOR ICE RINK (n ~O6) IMAGINATION STATION/CHILDREN'S DISCOVERYCENTER(n~403) VAIL WHITEWATERPARK (n~03) 3. If you do not use Vail's recreation facilities, why not? (CHECK ALL THAT APPLY) n=244 01) 28% Not aware of programs/facilities offered 09) 22 Lack of parking 02) 16 03) 5 Dori t have the programs I want such as: ) Condition of buildings/amount of s ace availabl 10) 3 11 Location of centers 04) 2 p e Quality of equipment ) 3 Customer service /staff knowledge 05) 11 Lack of facilities and amenities (such as: ) 12) 13 13) 5 Price /user fees Hours of operation 06) 6 07) 6 Overall maintenance Accessibility (explain: 14) 37 No time /other personal issues OS) 2 ) Transportation 15) 16 16) 17 Prefer other recreation providers Other: Average Num ber of Times Used 0 5 10 15 20 25 30 35 P 4. What other recreation facilities, if any, do you use? n=428 Ol) 5% Eagle Pool (Western Eagle County Metropolitan Recreation District -WECMRD) 02) . 7 Eagle Ice Rink (WECMRD) 03) 8 Eagle County Fairgrounds 04) 8 Eag]e Vail Pool 05) 17 Miller Ranch/Freedom Park open space/ati-nletic fie'.ds/skatepark (WECMRD) 06) 48 Private clubs 07) 1 Gymnastics Facility (WECMRD) OS) 37 Other golf courses 09) 29 Avon Recreation Center 10) 6 Others 11) 19 None of the above FUTURE FACILITIES, AMENITIES, PROC=RAMS, ACTIVITIES and SERVICES TO INCLUDE 5• Do/would you or members of your household participate in any of the following recreation programs that are currently or could be offered by the Vail Recreation District? Which of these, if any, need to be expanded, improved, or added? Pereent Responding "Part lDlpate ln" Pereent Responding "Need to be Improved/Expanded" ~~ t0°. a1°k ~`'° ~`~ ~°^ uq ~ ~D%o ~% 117k 20°m 30°b qD^a SD°S ~e 7~4 Percent Responding "Need to be adds o% 11P~ 2(Ph 3D'.5 a04o 50% fife/ learolaual aaiviue GDII tours $eCial even) atnletic league LM1llOr enr yours. activuies Day camp CM1ilaren's culture ll arts Dr Dgr ems Gwirmvng pr oyr~ms Envtr cnmertal eEUCaticn Volunteer pr ogr ama Gymaaau<a Drogrammng Senior ciliien Drogr ems Gener al etluca(IDn, skills atlucalion Skatepark Spaci al neetlzl lM1erapeulic can caw a ~idaalanivule Ftalelic league Specialevent. CM1iltlr vnr youtM1 activities CM1iltlr en'z cultur all ar is D*ogr ems Caner el eEUCdlian, skills eEUCatiun Senior <~li2en pr egr ems Environmental etlucatipn Vcluntenr Dr oyr ems Day caniD SaleDalk Saimrk ng Dr oqr ems Gym asucs Dr ogr amm:nq SDeci al nveaz/IM1erapeulic S.~imri ng pr ogr em Eanasa antl waunese pr oyr am Senior mrr. program Gener al sauce lion, skills etlucatioi IntliviGUal activilie~ 9iatoparl Volunteer pr ogr em; TEan ectivilio5 LM1Ntlrenl yovlM1 aclivitias Special events ennm ae'e auuareu sne pr aw ama Envir anmental etlucation Speael oases/Iner epouoc Goll course Al Dletic leagues Day camp Gymnestl ca pr ogr amming 6. Following is a list of indoor recreation features that could be included or expanded in facilities in the Vail area. Please tell us how important each one is to you. If you feel neutral, just say so. (CIRCLE APPROPRIATE RESPONSE FOR EACH) Percent Indicating "4 & 5 -Important 8 Very Important" 0% H1% 20% 30% 40% 50% anDi ~nDy INDOGRFOOL WITH LAPLANES (n~68 WEIGHT ROOM AND CARDIOFITNESS ~ n X75 GOLFCOURSE(n~58 TEENACTIVITIESAREA (n~41 ROCKCLIMBING WALL (n~56; INDOORAOUATIC CENTER (n X67; CHILD CAREAREA FORCENTERUSERS (n~38) MULTI-PURPC6E SPACE (n~45) PERFORMINGARTS SPACE(n~48) DANCE STUOIO/AEROBICS (n~38) GYMNASIUM(n~28) INDOOR TRACK (n~42 ) SUANA 8 STEAM ROOM (n=351) P,A000ETBALL/HANDBALL/VOLLEYBALLCOURTS (G~43) DESIGNATED SENIORAREA (n~34) ARTS BCRAFTS ROOM(n~31) 7 8. Does Vail need amulti-purpose space, different from the Donovan Pavilion, to provide for recreational activities such as indoor soccer, volleyball, parties, training classes, etc? n=450 31% Yes 36 No 33 Don't know Comments: Based on recent public input through focus groups, it has been requested that Vail Recreation District provide more recreation programs and services as alternatives to skiing and for "poor weather' days. Do you agree? n=434 64% Yes 36 No C'nmmpnrc• 9. What is the singly, most important area for the Vail Recreation District to focus on that would increase your frequency of use of Vail recreation facilities? Please rank your TOP 3 choices ("1" for first choice, " 2" for second choice, " 3" for third choice. Use each number only once.) Top Choice 0% 10% 20% 30% 40f/o SO% Awareness of programs Pricing/user fees Better parking Facilities and amenities Programs I want More alive recreation opportunities Building condition/physicalaspects Overall maintenance Fburs of operation Customer service/staff knowledge Quality of equipment Better transportation Other Accessibility FINANCIAL CHOICES Awareness of programs Facilities and amenities Pricing/user fees Better parking Prograns I want • Buildingcontlition/physicalaspeds More alive recreation opportunities Overall maintenance Other Fours of operation Quality of equipmera Accessibility Better transportation Customer service/staff knowledge 26/0 , ~ I ~ TN/o ~ tt i I t 14/i f b% I { 9% ~ i i 4% ~ i I 4% I j i ~ i i 3% I I I 3% i i ~ i ~ I 2% ~ ~ ~ j i I i Ii 1% ~ i i 4€ 1% i I it t I ~ wi ~ i f 1% I -..! Vail Recreation District and the Town of Vail receive tax doll ars to support and manage facilities, parks and recreation programs. When new facilities and parks are built, additiona , l funds must be designated to pay for the increase in operations, maintenance, and staffing of the facilities. 10. What is your opinion concerning the amount of dollars 12. In order to allow the Town and/or District to issue currently being spent by the Town of Vail and the Vail bonds in support of building and operatin new Recreation District in developing new parks and recreation facilities? Would you say it is: n=449 g recreational facilities, would you support a property or l 1) 21% Too little 3 7 Too much sa es tax or another financial method if such a proposal 2) 33 About right 4) 38 Don't know were to appear on a future Town and/or District ballot? Which of the following represents how you would Iikely 11. What is your opinion concerning the amount of dollars vote on this question: n=446 1) 18% Definitely vote'yes' currently being spent by the Town of Vail and the Vail 2) 32 Probably vote 'yes' Recreation District in maintaining current parks and 3) 14 Probably vote 'no' recreation facilities? Would you say it is: n=448 4) 14 Definitely vote 'no' 1) 17% Too little 3) 3 Too much 2) 49 About right 4) 31 Dori t know 5) 22 Dori t lalow /Uncertain Comments on questions 10 through 12: TRANSPORTATION 13. How do you usually reach the recreation facilities you visit most frequently? And how would you most like to travel to reach that recreation facility? HOW I WOULD LIKE TRAVEL TO TRAVEL 1) 78% 44 Car/personal vehicle 2) 26 35 Bus 3) 31 32 Walk 4) 34 37 Bicycle 5) -' 7 Recreation center shuttle 6) 1 2 Other van/shuttle service n=428 230 14. Additional Comments on transportation: 0 Top 3 choices 0% t0% 20% 30% 40'/0 50% COMMUNICATION 03) 04) 73 8 51 5 The Vail Daily The Vail Trail 15. a) How do you usually or currently get information on recreation services and programs (whether Vail-owned or riot)? n=401 05) 06) 07) -- 7 7 -- 4 5 Other newspaper: Local radio Vail cable TV channels b)Recognizing there is a cost to communicating ~n~ith you, how can we best reach you? (CHECK ONE ONLY) n=348 15a. 15b. Ol) 19% 7% At the recreation facilities OS) 09) 10) 11) 9 13 9 4 8 18 36 2. Flyer Internet/website , E-mail Other: 02) 14 14 Recreation brochure SUGGESTIONS 16. Do you have any additional comments or suggestions that recreation services in Vail? you would like to offer regarding parks, trails, and If you wish to expand on your comments or have additional suggestions, you can contact Mike Ortiz at mortiz~vailrec.com or 970-479-2461 or Pam Brandmeyer at pbrandmeyer~vailgov com or 970-479-2113 now or at any time during the master plan process. o ~~ 0 DEMOGRAPHIC QUESTIONS Just a few more questions about yourself to assist in classifying your responses .. . 17. Please indicate your gender: n=453 25. Is your home/property within the Town limits, or 1) 52% Male 2) 48% Female in unincorporated Eagle County? n=459 1) 94% Town limits (GO TO Q. 27) 18. What is your age? mean=52.4, n=439 2) 6 Unincorporated county 19. Including yourself, how many people live in your household? mean=2.3, n=455 How many members of your household are under age 18? mean=0.3, n=429 How many members of your household are over age 55? mean=0.7, n=427 20. Do you own or rent your residence in Vail? n=457 1) 96% Own 2) 4% Rent 26. (IF YOU LIVE IN THE UNINCORPORATED COUNTY) Do you Iive in the Vail Recreation District? n=26 1) 58% Yes 2) 23 No 3) 19 Uncertain 27. If your home/property is in Vail, where in Vail do you live? n=425 1) 36% East Vail 3) 19 Vail Village 2) 42 West Vail 4) 3 Sandstone 21. Does the health of Vail's economy directly impact your livelihood? n=452 1) 63% Yes 2) 27% No 22. How long have you lived in Vail? n=448 mean=17.5 years OR 2°io less than a year 23. Is this home in Vail your primary residence or a second home? n=455 1) 74% Primary residence 2) 26 Second home 24. Are you a permanent year-round resident or seasonal resident? n=455 1) 73% Year-round resident 2) 23 Seasonal resident (less than 6 months a year) 3) 4 Other: 28. Do you have access to the Internet? n=455 1) 95% Yes 2) 5 No (GO TO Q. 30) 29. Do you use a-mail? n=422 1) 98% Yes 2) 2 No 30. Are you a registered voter in the Town of Vail? n=452 1) 67% Yes 2) 33 No 31. Most people think of themselves as belonging to a particular ethnic or racial group. Do you consider yourself to be: n=430 1) 98% Caucasian/Anglo (not Hispanic) 2) -- African American 3) 1 Hispanic/Latin 4) -- Asian 5) 1 Native American 6) -- Other: 32. Which of these categories best describes the total gross annual income of your household (before taxes). n=388 1) 2% Under $25,000 5) 15 $100 -149,999 2) 12 $ 25 - 49,999 6) 11 $150 -199,999 3) 15 $ 50 - 74,999 7) 3 $200 - 249,999 4) 17 $ 75 - 99,999 8} 25 $250,000 or more Thank you for taking the time to share your opinions. Your input will be of value in helping us develop our master plan. MEMORANDUM TO: Vail Town Council FROM: Rachel Friede, Department of Community Development DATE: June 20, 2006 SUBJECT: First Reading of Ordinance No. 14, Series of 2006 (Housekeeping Ordinance) I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance 13, Series of 2006 (Housekeeping Ordinance), an ordinance amending Section 12- 7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal uses or structures utilized for more than seven (7) days as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation of development impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts as a conditional use within the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code. II. BACKGROUND The Town Council periodically approves Housekeeping Ordinances that clarify inconsistencies within specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 12, 2006, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 14, Series of 2006. Upon the Planning and Environmental Commission's motion to recommend approval, there were numerous changes to the original Staff proposal, as outlined in the June 12, 2006 Planning and Environmental Commission staff memorandum (Attachment A). The motion made by the PEC added "utilized more than seven days" to "seasonal use or structure" as a conditional use in the Lionshead Mixed Use 1 District. The motion also changed the text amendment to Section 12-8C-3: Conditional Uses, to allow for the conditional use of "ski lifts" in the Natural Area Preservation District and omitted the text amendment to Section 12-8A-3: Conditional Uses. III. STAFF RECOMMENDATION The Department of Community Development recommends that the Vail Town Council approve with modifications Ordinance No. 14, Series of 2006, on first reading to amend Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures utilized for more than seven (7) days as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation of development impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts as a conditional use within the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code, and setting forth details in regard thereto. Staff's recommendation is'based upon the review of the criteria noised in Section VII of the June 12, 2006 Planning and Environmental Commission staff memorandum (Attachment A) and the evidence and testimony presented. Staff recommends that the Vail Town Council approve Ordinance No. 14, Series of 2006 on first reading, as recommended by the Planning and Environmental Commission on June 12, 2006, with modifications. Staff recommends that rather than add "Seasonal uses or structures utilized for more than seven (7) days" as a conditional use within the LMU-1 District, the text should read as "Seasonal uses or structures" to be consistent with language in other zone districts. Staff's recommendation is .also based upon the concern that this language would prohibit seasonal uses or structures utilized for less than seven. (7) days as a conditional use within the LMU-,1 District. Should the Town Council choose to approve with modifications Ordinance No. 14, Series of 2006, on first reading, the Department of Community Development recommends the Town Council make the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined .in the Vail Comprehensive Plari and is compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purposes of the Zoning 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. IV. ATTACHMENTS A. June 12, 2006 PEC Memo B. Ordinance No. 14, Series of 2006 (Housekeeping Ordinance) Attachment A Town Council 06/20/06 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2006 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts; Section 12-8A-3, Conditional Uses, to allow for ski runs as a conditional use of the Agricultural and Open Space District; Section 12-8C-3, Conditional Uses, to allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area ~ Preservation District; Subsection 12-18-56, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code, and setting forth details in regard thereto. (PEC06-0026) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, Town of Vail, is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council regarding the proposed text amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal uses or structures as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts; Section 12-8A-3, Conditional Uses, to allow for ski runs as a conditional use of the Agricultural and Open Space District; Section 12-8C-3, Conditional Uses, to allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for. access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls. 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 forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VII of this memorandum. Attachment A Town Council 06/20/06 II. DESCRIPTION OF REQUEST Throughout the development and design review process, the Planning Staff has noted inconsistencies 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" i:he Sign, Zoning, and Subdivision Regulations, and Development Standards Handbook. Compared to the comprehensive code clean up that occurred last fall, these changes to the code are minor. Staff requests that the PEC review these amendments and forward a recommendation of approval to the Town Council. III. BACKGROUND On October 24, 2005, the Planning and Environmental Commission forwarded a recommendation of approval with conditions to Town Council regarding a major Code clean-up initiative. Council approved Ordinance 29, Series of 2005, a document with nearly 200 pages of code changes to the Vail Town Code. Staff realizes the importance of Code clean-up and will continue to bring amendments to the Town Code before PEC and Town Council as necessary. On April 24, 2006, the Planning and Environmental Commission tabled this item due to an administrative error. On May 8, 2006, the Planning and Environmental Commission reviewed the proposed text amendments. Comments made by the PEC at this meeting are addressed in Section VI of this memo. 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 appears 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 Attachment A Town Council 06/20/06 Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process and in this case is the applicant. 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 with a memorandum containing a description and background of the application; an evaluation of the application concerning the criteria and findings outlined bjr the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (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. Chapter 12-3: Administration and Enforcement 12-3-7: Amendment C. Criteria And Findings: 2. 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 zoning 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 (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 commission and/or council deem applicable to the proposed text amendment. Attachment A Town Council 06/20/06 Town of Vail Development Standards Handbook (Title 14, Vail Town Code) 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 will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town. VI. PROPOSED TEXT AMENDMENTS Title 12: Development Standards Handbook Issue: "Seasonal Use or structure" is defined in Section 12-2-2 as "a temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months•of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure is subject to design review." Many properties in Lionshead have requested. tents in the summer, mainly for special events such as weddings. The Town has allowed a provision for obtaining a conditional use permit for such tents in the past, citing that this use is determined to be similar to conditional uses described in the Section below, 12-7H-5. Staff feels that allowing "Seasonal Use or Structure" as a conditional use will ensure that the definition of such is honored and the proper requirements are attached to the conditional use permit. The PEC voiced concern at the May 8, 2006 meeting that "seasonal use or structure" does not provide enotagh regulations for this conditional use. Staff feels that rather than codifying additional regulations, the Planning and Environmental Commission should create conditions of approval and include them in any motion to approve conditional use permits. This will allow the Planning and Environmental Commission to create requirements specific to this and other conditional uses. Chapter 7: Commercial and Business Districts Article 7H: Lionshead Mixed Use 1 (LMU-1) District Section 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 chapter 16 of this title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Attachment A Town Council 06/20/06 Public utility and public service uses. Seasonal use or structure. 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 Section, in accordance with the provisions of Section 12-3-4 of this Title. Issue: Staff requires that mitigation of development impacts include employee housing. Therefore, Staff feels that Section 12-7H-18 should include "inclusion of employee housing" in the list of potential mitigation of development impacts. This change should occur to clarify the required inclusion of employee housing in any development application within the district. At the May 8, 2006 meeting, PEC commissioners suggested changing the text amendment from "inclusion of employee housing" to "inclusion of employee housing plan" so that off-site housing plans and other plans that are in compliance with current housing policy can be utilized. Section 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 maybe 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 Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: inclusion of employee housing plan, roadway improvements, pedestrian walkway improvements, sfreetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large-scale redevelopmenbdevelopment projects which produce substantial off site impacts. Issue: The Agricultural and Open Space (A) District includes the skier bridge in Lionshead, which, as part of a ski run, is legally nonconforming in this district. The A District already lists "ski lifts and tows" as a conditional use. Adding "runs" as a conditional use will allow the Town to properly regulate runs as a conditional use in the A District. At the May 8, 2006 meeting, some PEC commissioners expressed concern over adding runs as a conditional use in the Agricultural and Open Space (O) District. In response to the PEC's concern, Staff has included a map (Attachment A) that depicts which land adjacent to Vail Mountain are zoned Agricultural and Open Space District. Chapter 8: Open Space and Recreation Districts Article 8A: Agricultural and Open Space (O) District Section 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. Attachment A Town Council 06/20/06 Cemeteries. Churches, rectories, and related structures. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools and colleges. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts, a~tows and runs. Type ll employee housing units (EHU) as provided in Chapter 13 of this Title. Well water Treatment facility. Issue: The Natural Area Preservation District (NAP) has a ski lift running through one portion of this zone district in the Cascade Village area. The base of the lift is in SDD #4 but the lift line and towers are legally nonconforming. structures in this district. There is also the potential for the new West Lionshead gondola to be located at the old gas station. This lift would cross over the NAP District to access .the mountain. In order to make this land use legally conforming, Staff proposes that "Ski lifts, not including lift access points, tows and runs" be included as a conditional use in NAP. Staff feels that because NAP District land borders Vail Mountain, this will allow the Mountain to legally allow skiing in these areas to access lift loading areas. One serious concern about having legally nonconforming lift towers in the Town of Vail is that without lift towers as a conditional use, Vail Resorts will not have the ability to replace the towers, as necessary. At the May 8, 2006 PEC meeting, some Commissioners voiced concerns that it may not be appropriate to have "Ski lifts, tows and runs, not including lift loading and unloading areas" as a conditional use in the NAP District, the most restrictive zone district in the Town. To provide additional information, Staff has included a map (Attachment A) that depicts areas adjacent to Vail Mountain that are zoned NAP District. Article 8C: Natural Area Preservation (NAP) District .Section 12-8C-3: Conditional Uses: The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accordance with the provisions of'Chapter 16 of this Title: Equestrian trails, used only to access National forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Ski lifts, not including lift loading and unloading areas, tows and runs. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings..- . Attachment A Town Council 06/20/06 Issue: Regulations regarding improvements to structures which do not conform to density controls have been misinterpreted. The term "density controls" includes GRFA requirements as well as requirements regarding the number of dwelling units per acre. Staff has interpreted density controls to include both of these requirements, while certain applicants have construed density controls to only include GRFA. Staff wishes to clarify this portion. of the Code in order to eliminate misunderstanding. In situations where applicants do not conform to allowed dwelling units per acre (for example, a 40 unit building built in Eagle County that has since been annexed into the Town of Vail, and is currently only allowed 38 units per the Zoning Regulations), the regulations only allow enlargement if the GRFA does not exceed that of the preexisting nonconforming structure. Since the applicant would have used up all of their allowed GRFA, they would then be eligible for an addition of GRFA under the 250 Ordinance, provided that the property is not in single-family residential (SFR), two-family residential (R),.and two-family primary/secondary residential (PS) districts, which are not eligible for the 250 Ordinance. Chapter 12-18: Nonconforming Sites, Uses, Structures And Site Improvements: Section 12-18-5: Structures 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 Title for the district in which they are situated maybe continued. Such structures or site improvements maybe enlarged only in accordance with the following limitations: 8. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) maybe enlarged, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. ISSUE: An omission in the Development Standards Handbook has led to a lack of regulation for commercial properties regarding access, driveway and parking standards. The Public Works and Fire Departments have used the Multiple Family column in the table below as a means of regulation. However, codifying the commercial requirements will allow Public Works and Fire to _enforce regulations related to access, driveway and parking for commercial areas. Title 14: Development Standards Handbook Chapter 3. Residential and Commercial Access, Driveway and Parking Standards Standard Table 1: Road Standards Single-family, Two- family, Primary/Secondary -access to not more than 3 dwelling units (including EHUs) -structures and all portions thereof within 150' from edge of street Multiple Family and Commercial -access to more than 11 dwelling units and/or commercial properties -feeder road only Multiple Family -access to 4 to 11 dwelling units -feeder road only Driveway/Feeder Road Attachment A Town Council 06/20/06 Min. Width 12' 20' 22' Normal -Access from feeder road to units -Access from feeder to units (Detail 1) shall comply with single-family shall comply with single-family requirements contained herein requirements contained herein Min. Width 15' 24' 24' 90° corner (cross-over) (Detail 2) Min. Width 16' 24' 28' Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb-return (flare to 28' with 15' curb-return (Detail 1) radius) radius) Max. Width 24' head in 36' 36' Entrance/Curb-cut 48' back out (Detail 3) Min. Grade 0.5% 0.5% 0.5% Centerline Detail 4 Max. Grade 10% unheated 9% unheated 9% unheated Centerline 12% heated 12% heated 12% heated (Detail 4) 16% heated and engineered with flat recove areas Max. Grade 8% unheated 8% unheated 8% unheated Centerline 12% heated 12% heated 10% heated ' Corner/Cross-over (Detail 2) Max. cross-slope grade 8% 8% 8% (Detail 1) Entry angle 45° 70° 70° min. deflection for first 30' of driveway length (Detail 5) Max. centerline break-over grade 14% 6% 4% (Detail 6) Max. grade at edge of public road 8% 6% 4% asphalt (Detail 4) Max. length of max. grade at edge 10' 15' 30' of public. road asphalt (Detail 4) Min. centerline turning radius 20' 30' 40' (Detail 7) ISSUE: Staff is recommending changes to the Retaining Wall section of Title 14 in order to better define requirements for Retaining Wall design and review. The proposed changes further clarify current design review practices and also better define when a retaining wall is required to be designed by a professional engineer(as regulated by the Town of Vail adopted Building Code). Specific requirements for engineered submittals have been added in order to clarify expectations to the applicant. Chapter 14-6: Grading Standards Retaining Walls (General) All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six (6) feet. Within a front setback, retaining walls shall not exceed an exposed face 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 or access to an underground covered parking structure are exempt from these height limifs, but must be approved by the Design Review Board. Attachment A Town Council 06/20/06 Retaining walls shall be located a minimum of two (2) feet from adjacent private property boundaries and should be ten (10) feet from the edge of a public street unless otherwise approved by the Town Engineer. All retaining walls over four (4) feet in height, measured from the bottom of a footing to the top of wall as per the adopted Town of Vail Building Code,. shall be engineered and stamped by a licensed Colorado Professional Engineer (P.E. stamp) ~g' ~~r~~~St~,p except in the right-of-way, where retaining walls over three (3) feet in height, measured in the same manner, shall require a P.E. Stamp. All retaining walls requiring a P.E. stamp shall be required to submit and have approved, .prior to Building Permit release, engineered stamped plans, profiles, secfions, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include P.E. stamped plans, and P.E. stamped typical details with all engineering design parameters and calculated Factor of Safety provided on the details. Plans and details shall be cross referenced. VII. CRITERIA AND FINDINGS Staff believes that these text amendments are in accordance with the purpose and intent of Titles 12 and 14, as they 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 to Title 12 are established in accordance with the provisions of Chapter 12- 3, Vail Town Code. As there are no formal criteria for text amendments to Title 14, the provisions from Title 12 will be used for all proposed text amendment to provide for stringent criteria. A. Consideration of Factors Regarding 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 12 and .14. The text amendments create a more comprehensive, clear, and concise Code that will promote the general welfare of the community. 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 Agricultural & Open Space and Natural Area Preservation Districts Adjacent to the Ski Mountain 0 -- ~. ~, ~ ~ , „~ ,~, ~ ~o C I Parcels -- Ski Lifts Agricultural & Open Space District - Natural Area Preservation District 0 Gore Creek 1Vft11' VI I'L'7.1t~ Y ~e R This map was created by the Town of Vail GIS workgroup. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Attachment A Town Council 06/20/06 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. 4. The extent to whirh 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 Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval 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 Zoning 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 The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for proposed text amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures as a conditional use in Lionshead .Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts; Section 12-8A-3, Conditional Uses, to allow for ski runs as a conditional use of the Agricultural and Open Space District; Section 12-8C-3, Conditional Uses, to allow for' ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation District; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls; Vail Town Code: io Attachment A Town Council 06/20/06 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 to the Town Council for the Town of Vail's request for proposed text amendments to Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal uses or structures as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of employee housing as a mitigation of development impacts; Section 12-8A-3, Conditional Uses, to allow for ski runs as a conditional use of the Agricultural and Open Space District; Section 12-8C-3, Conditional Uses, to .allow for ski lifts not including loading and unloading areas as a conditional use of the Natural Area Preservation District; Subsection 42-18-58, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls; Vail Town Code, and setting forth details in regard thereto. " Staff's recommendation is based upon the review of the criteria in Section VII 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 fhe 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 Zoning 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." IV. ATTACHMENTS A. Map: Agricultural & Open Space and Natural Area Preservation Districts Adjacent to the Ski Mountain u ORDINANCE NO. 14 SERIES OF 2006 ORDINANCE 14, SERIES OF 2006, AN ORDINANCE AMENDING SECTION 12-7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING), TO ALLOW FOR SEASONAL USES OR STRUCTURES USED MORE THAN SEVEN (7) DAYS AS A CONDITIONAL USE IN LIONSHEAD MIXED USE I DISTRICT; SECTION 12-7H- 18, MITIGATION OF DEVELOPMENT IMPACTS, TO CLARIFY THE INCLUSION OF AN EMPLOYEE HOUSING PLAN AS A MITIGATION OF DEVELOPMENT IMPACTS; SECTION 12- 80-3, CONDITIONAL USES, TO ALLOW FOR SKI LIFTS AS A CONDITIONAL USE WITHIN THE NATURAL AREA PRESERVATION DISTRICT; SUBSECTION 12-18-5B, DENSITY CONTROL, TO CLARIFY LIMITATIONS ON STRUCTURES WHICH DO NOT CONFORM TO DENSITY CONTROLS; CHAPTER 14-3, RESIDENTIAL ACCESS, DRIVEWAY AND PARKING STANDARDS, TO CLARIFY STANDARDS FOR ACCESS, DRIVEWAY AND PARKING FOR COMMERCIAL PROPERTIES; AND CHAPTER 14-6, GRADING STANDARDS, TO CLARIFY REQUIREMENTS FOR RETAINING WALLS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its June 12, 2006 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with 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; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general and specific purposes of the Zoning Regulations and the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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 Ordinance No. 14, Series of 2006 enhances its natural environment and its established character as a resort and residential community of the highest quality; and . WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE fT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this housekeeping ordinance is to clarify text and correct errors in codification in the Vail Town Code. (Text that is to be deleted is'z#islEer~. Text that into be added is bold. Text that has not been amended may have been omitted.) Section 2. Article 7H is hereby amended as follows: Section 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 chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than seven (7) days. 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 Section, in accordance with the provisions of Section 12-3-4 of this Title. Section 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. Ordinance No. 14, Series of 2006 2 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 Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: inclusion ofan employee housing plan, roadway improvements, ,pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large-scale redevelopment/development projects which produce substantial off site impacts. Section 3. Section 12-8C-3 is hereby amended as follows: Section 12-8C-3: Conditional Uses: The following conditional uses shall be permitted in the NAP District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Equestrian trails, used only to access National forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Ski lifts. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. Section 4. Section 12-18-5 is hereby amended as follows: Section 12-18-5: Structures 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 Title for the district in which they are situated maybe continued. Such structures or site improvements maybe enlarged only in accordance with the following limitations: 8. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) maybe enlarged, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. Section 5. Chapter 14-3 is hereby amended as follows: Chapter 3. Residential and Commercial Access, Driveway and Parking Standards Table 1: Driveway/Feeder Road Standards Ordinance No. 14, Series of 2006 Single-family, Two-family, .Multiple Family Multiple Family and Primary/Secondary -access to 4 to 11 dwelling Commercial -access to not more than 3 units -access to more than 11 Standard dwelling- units (including EHUs) -feeder road only dwelling units and/or -structures and all portions thereof commercial properties within 150' from edge of street -feeder road only avement Driveway/Feeder Road Min. Width 12' 20' 22' Normal -Access from feeder road -Access from feeder to units (Detail 1) to units shall comply with shall comply with single- single-family requirements family requirements contained herein contained herein Min. Width 15' 24' 24' 90° corner (cross-over) Detail 2 Min. Width 16' 24' 28' Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 15' curb- Detail 1 return radius return radius Max. Width 24' head in 36' 36' Entrance/Curb-cut 48' back out Detail 3 Min. Grade 0.5% 0.5% 0.5% Centerline Detail 4 Max. Grade 10% unheated 9% unheated 9% unheated Centerline 12% heated 12% heated 12% heated (Detail 4) 16% heated and engineered with flat recove areas Max. Grade 8% unheated 8% unheated 8% unheated Centerline 12% heated 12% heated 10% heated Corner/Cross-over Detail 2 Max. cross-slope grade 8% 8% 8% Detail 1 Entry arigle 45° 70° 70° min. deflection for first 30' of driveway length .Detail 5 . Max. centerline break-over 14% 6% 4% grade Detail 6 Max. grade at edge of . 8% 6% 4% public road asphalt Detail 4 Max. length of max.. grade 10' 15' 30' at edge of public road asphalt Detail 4 Min. centerline turning 20' 30' 40' radius Detail 7 Ordinance No. 14, Series of 2006 Section 6. Chapter 14-6 is hereby amended as follows: Chapter 14-6: Grading Standards Retaining Walls (General) All retaining walls are reviewed by the Design Review Board.or the Administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six (6) feet. Within a front setback, retaining walls shall not exceed an exposed face 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 or access to an underground covered parking structure are exempt from these height limits, but must be approved by the ®esign Review Board. Retaining walls shall be located a minimum of two (2) feet from adjacent private property boundaries and should be fen (10) feet from the edge of a public street unless otherwise approved by the Town Engineer. All retaining walls over four (4) feet in height, measured from the bottom of a footing to the fop of wall as per the adopted Town of Vail Building Code, shall be engineered and sfamped by a licensed Colorado Professional Engineer (P.E. stamp) except in the right-of--way, where retaining walls over three (3) feet in height, measured in fhe same manner, shall require a P.E. Stamp. All retaining walls requiring a P.E. stamp shall be required to submit and have approved, prior to Building Permit release,. engineered sfamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include P.E. stamped plans, and P.E. stamped typical details with all engineering design parameters and calculated Factor of Safety provided on the details. Plans and details shall be cross referenced. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 8. 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 Ordinance No. 14, Series of 2006 ~ inhabitants thereof. Section 9. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision~or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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 June, 2006, and a public hearing for second reading of this Ordinance set for the 11~' day of July, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2006 6 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 20, 2006 SUBJECT: Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21- 14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Steve Isom Planner: Matt Gennett I. DESCRIPTION OF THE REQUEST The applicant, Helmut Reiss, is requesting to amend Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30% within four of the nine residential zone districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep hillsides. II. BACKGROUND On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their recommended, modified version of the applicant's' proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 17, Series of 2006, on first reading to amend Section 12-21-14E, Vail Town Code, to allow the maximum site coverage to increase from 15% to 20% in specific zones on excessive slopes, but with a maximum of 60% site disturbance, and setting for details in regard thereto. Staff's.recommendation is based upon the review of the criteria noted in Section IV of the May 8, 2006, staff memorandum (Attachment B) and the evidence and testimony presented. 1 Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2006, on first reading, the Community Development Department recommends the Town Council makes the following findings: ' 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the 'Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 17, Series of 2006 Attachment B: Staff Memorandum from the May 8, 2006, PEC Hearing 2 Attachment: A ORDINANCE NO. 17 Series of 2006 AN ORDINANCE AMENDING SECTION 12-21-14E, RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENTS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO INCREASE THE AMOUNT OF ALLOWABLE SITE COVERAGE ON LOTS WITH EXCESSIVE SLOPES, FROM A MAXMIMUM OF 15% TO A MAXIMUM OF 20%, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 24, 2006, and again on May 8, 2006, following which the Commission forwarded a recommendation of approval with staffs recommended modifications to the Vail Town Council based on the criteria and findings presented in the staff memorandum; and WHEREAS, staff is recommending additional text amendments, found in Section 1 of this ordinance, as a result of the analysis performed'for the original text amendment request submitted by the applicant; and WHEREAS, the third Guideline under Section 12-11-1, Vail Town Code, states the following intent: "prevent the unnecessary destruction or blighting of the natural landscape"; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Couricil finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. Ordinance No. 17, Series 2006 ~ NOW, THEREFORE, BE IT ORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF 0 VAIL, COLORADO, THAT: Section 1. The proposed text amendments are as follows: (Deletions are shown in additions are shown bold) Section 12-21-14E: RESTRICTIONS IN SPECIFICZONES ON EXCESSIVE SLOPES: n} n o ~ nn ~ PJ -r>a r h - nn~pnr/+~ '1 C.0/n,p c ~n nre~n ,y~~ n ~ - b . oT ~, 4 ~J~ dTl"i~~, r //~~~~ ~ 1"~.~~r++v 11 rr C/vCO~e~TTTO~~rQI" ~ TC. CirCi LTfTT C~ ~~ //~~ /~ ~ h G-T1 "Ia+ROI 1 `7Y1T17 a l~Pe~ ~m'}71~yG~ r}t~ er-cen~28°~~ f -tf~si~area m a be-se;~red f3 ~ r , ~ -- ~- ~1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. Section 2. If any part, section, subsection, sentence, clause or phrase ofthis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this, ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more parts, sections, subsections, sen~nces, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this Ordinance No. 17, Series 2006 2 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 Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,' nor anyother action or proceeding as commenced under or byvirtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts 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 June, 2006 and a public hearing for second reading of this Ordinance set for the 11`h day of July, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Ordinance No. 17, Series 2006 - 3 Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 8, 2006 SUBJECT: A request for a final review of a text amendment, pursuant to. Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. (PEC06-0020) Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett SUMMARY The applicant, Helmut Reiss, is requesting to amend Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30% within four of the nine residential zone districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep hillsides-(Attachment A). Based upon staff's review of the criteria in Section IV of this memorandum, and further analysis into site disturbance related to residential development (Attachment B), the Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with modifications to the Vail Town Council, subject to the findings noted in Section V of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Helmet Reiss, represented by Isom & Associates, is proposing a text amendment to Section 12-21-14.E.1, Restriction in Specific Zones on Excessive Slopes, Vail Town .Code, to increase the allowable site coverage from 15% to 20% in the zone districts: Hillside Residential (HS), Single Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary Secondary Residential (P/S), as specified by 12-21-14. E.1. The proposed text amendment is as follows: (deletions are shown in ~r+l~;-tt~e~/additions are shown bold) T-T:o~efe-t#a~f+ft~er+~ ~s~p#~15 °<o-)-ef~#e-s+te-area m ay-b e n n. io ro A h ~ i h. „~ ~e~~epe~j~astisn 1hH~t~a~~ e-a-€r-n-p I epee r non+ m~ro +h ., +,.,e~}~peFGe~l~ ° \ ~f + e-~n~at~~a~-~e-co•~~er~d by~- ~1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. BACKGROUND IV On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. The minutes of the April 24, 2006, Planning and Environmental hearing are attached to this memorandum (Attachment C) and staff's suggested modification to the applicant's requested amendment is stated in Section V of this memorandum. CRITERIA The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12-3, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text amendment, as submitted, does not further the general and specific purposes of Title 12, Zoning Regulations. However, with the modifications to the applicant's requested amendment as proposed by staff in Section V of this memorandum, the general and specific purposes of Title 12 are furthered.. According to Section 12-1-2, Purpose, Vail Town Code, the general and specific purposes of the Zoning Regulations are as follows: 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. 8. Specific:. These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air,, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 2 l~ Upon review of the stated purposes of the Zoning Regulations, staff believes that this proposed text amendment does not further these purposes. The prescribed text the applicant wishes to amend was specifically enacted to protect the natural topography of the steep slopes in question; to' protect the inherent aesthetic and economic value of the undisturbed terrain threatened by this proposed text amendment; and to protect the public health, safety, and welfare; as clearly tracked and outlined in Section III of this memorandum. However, staff does believe the modified version of the existing language, as listed in Section V of this memorandum, which addresses site disturbance specifically, rather than attempting to minimize site disturbance through the further restriction of maximum site coverage on steep slopes, will fulfill this criterion. 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 does not believe the text amendment request, as submitted, better implements or achieves the applicable elements of the adopted goals, objectives, and policies outlined in tFie Vail Comprehensive Plan, nor is it entirely compatible with the development objectives of the Town. With the addition of staff's suggested language limiting site disturbance explicitly, and language granting discretion to the Deaign Review Board (DRB) over the extent of land to be physically disturbed by excavation work related to construction of a structure, staff does believe this criterion will be met,' especially in consideration of the following specific goals: 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions; 5. To conserve and maintain established community qualities and economic values; 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives; 8. To safeguard and enhance the appearance of the Town; and 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 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 has found this text amendment proposal, as submitted, does not demonstrate how conditions have substantially changed since the adoption of the subject regulation, nor can staff find any evidence of the relevant topographic conditions having changed. The creation of the 15% site coverage restriction on lots with an average slope greater than 30% was intended to result in "development that is more sensitive to the site with less site disturbance", as stated by the Town Council in Ordinance No. 13, Series of 1994. Since staff has determined the restriction of site coverage to 15% on steep slopes does nothing to limit actual site disturbance (Attachment B) a more appropriate text 3 amendment would be one which sets a limit on the extent a site is allowed to be disturbed when the average slope exceeds 30%. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff has determined that the proposed text amendment does not provide a harmonious, convenient, workable relationship among land use regulations and is inconsistent with municipal development objectives. Again, the primary purpose of restricting the site coverage on steep slopes is to minimize site disturbance. The restriction does force owners and developers of steep lots to create a more vertical design, rather than one which is more .horizontal, but it does not restrict the area of physical disturbance on a site by excavation work or retention systems for construction of a structure. If the intent of the subject regulation is to actually limit the amount of site disturbance created by constructing a home on a steep slope, than it should be amended to directly regulate site disturbance as a percentage of the lot size and in proportion to the steepness of the slope. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. Section 12-21-14E.1, Vail Town Code, is meant to substantially decrease site disturbance for these 640 lots by giving applicants the incentive to locate structures close to the street, thereby minimizing a cut across a steep lot for access. However, based upon the evidence and data collected by staff (Attachment B), this regulation alone does not unilaterally further the Town's development objectives. The additional text outlined in Section V of this memorandum will work toward protecting the values of the Town of Vail, and meeting its development objectives. V. STAFF RECOIVInAENDA-TION The Community Development Department recommends that the Planning and Environmental , Commission forwards a recommendation of approval with modifications of the proposed text amendment to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section IV of this memorandum and the evidence and testimony presented. Staff's suggested modification to the applicant's text amendment proposal entails the following additional (bold) text: 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. Should the' Planning and Environmental Commission choose to forward a recommendation of approval with conditions to the Vail Town Council of this proposed text amendment, as modified above by staff the Department of Community Development recommends the Commission pass the following motion: 4 "Based upon the review of the criteria outlined in Section IV of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment, as modified by staff, 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 modified amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the modified 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. VI. ATTACHMENTS A. Applicant's Request B. Staff Analysis C. Excerpted minutes from the April 24, 2006, Planning and Environmental Commission (PEC) Hearing 5 ~nuaro~vna June 15, 2006 APRIL 2006 VAIL BUSINESS REVIEW The April Vail Business Review breaks down the four percent sales tax collected for April and the ski season. Overall April sales tax increased 33.1% with Retail increasing 38.8%, Lodging increased 60.2%, Food and Beverage increased 28.3% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 2.8%. Keep in mind, Easter was in April in 2006. The ski season (November -April) resulted in a 9.2% increase overall with Retail increasing 6.5%, Lodging increased 9.1%, Food and Beverage increased 8.2% and Utilities/Other increased 20.2%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vail ov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, Sally Lorton Sales Tax Administrator Apri12006 SALES PAX VA/L VILLAGE April 2005 Collections Retail ~ 2~>,~45 Lodging i ~~),~~3 Food & Leverage ~ ~~~,~F6 Other ~~,673 Total ~4~!,967 April 2006 Collections 2Q~,6.~3 ~ ~~, e 7~ ~ ~~,~~~ ~9~ ~~ ~~~y~~'~ April Chance -~ i ~~~,~~io 3 ~ , ~ 9/0 ~ ~ ~~1 °o . ~ ~~0~ Ll®NEI~EAD April April April 2005 2006 Collections Collections Change Retail ~~6=~321 7 a,C4~ 3Jo4% Lodging X3,1 ~J~ ~6,4~6 ~~~~~i~ Food & beverage ' 3~6,22~ 4~2~2 13.x% ®ther ~ 9,631 ~, ~`~3 X3.3®/° -- Total ! ~ ~ ~',~~7 -- 2~ ~,5~~ ,~~.~% ~1prr60~Oo0C~~~1L~C~~ ~~1~ ~~1~~~®C~ ~1~L~L~~1c~;G/G~,l~~ ~1~1~L~/~~1~1®~~®I~C~/~C~~~ ~1~IOL~ Q~~uU Q~~u~ QQ~o°u0 ~®®~ ~®®~ ., .. G~~~~u~ ~®~~J00`~l~J ~®®~ ~ ~~~~~ ®14~~ ~ayuu~~au~QU~ ~~uu~~;uu~UU~ ~UV~W~~ II ~~y~ Il ~ ~b?~y~~~ cy~ 0~~~0 OoV~ ~l~ ~~IYGIIV ~®®~ ~®®~ [~®®~I ~ ~~uDu~u~~ ~ d ~~9~ ~~ ~ ~~94~4 ~a~% Other ®LL~0 ~CS II g~~~' ` ~ II ~9~~® - ~ °~oL ~~O __ Apri12006 SALES TAX TOTAL RetaiB Lodging ~~ Food & Beverage Utilities & Other Total ,213,147 ~ 95,657 April 2006 Collections 448,614 3®05057 273,91 201,170 April Change -~ 38x8% ~ 6002% 283% 2.8% 919,358 1,2239332 33.1 April 2005 Collections ;323,288 187,266 RETAIL SUMMARY April 2005 Collections April 2006 Collections April % Change FOOD 81,476 100,504 23.4% LIQUOR 17,871 ~ 20,561 15.1% APPAREL 33,804 53,964 59.6% SPORT 108,829 181,912 67.2% JEWELRY 7,371 14,016 90.2% GIFT 5,164 7,970 54.3% GALLERY. 1,072 4,772 345.1% OTHER 67,177 64,265 -4.3% HOME 524 650 24.0% OCCUPATION TOTAL 323,288 448,614 38.8% 2005/2006 Ski Season V~41L VILLAGE Retail Lodging Food & Beverage Other Total 04/05 05/06 Ski Season Ski Season Collections Collections 1,95J,692 2;.137,164 1,£x19,656 29019,465 05/06 Change 9.1 11.0°ia 1,~i65,93~ 197059781 8~9% 60,111 65,499 9.0% 5,4059397 5,927,9®9 9e7% ~ --- --- - LIONSI~EAD 04/05 .05/06 05/06 Ski Season Ski Season Collections Collections Change Retail 699,826 68Q292 -2.8% Lodging 1,211,828 1,320;042 8x9% Food & Beverage ~ 388,096 394,726. 1.7% Other 45,368 __ __ --- 39,908 -- - -12.0% Total C ~'~ 2,.345,118 ~_ - _ _ _- 2,434,968 3.8% THERE ARE MANY THIPlGS residents cherish about living around Crested Butte, Colorado. Like the view of the pristine mountainsides as they com- mute to the bustling ski resort that shares the town's name. Or the moment in October when they bring their cars to a halt on the main road, as ranchers herd their cows from the mountain slopes into the valley for the winter. While motorists pause to allow the cattle to cross the highway, they can regard and take pleasure in their unique surroundings. It has been some time since ranch- ing and mining were the mainstays of the economy in Gunnison County, where Crested Butte is located. The cattle still cross the road once a year, but tourists have been the top draw for several decades, particularly tourists who ski. Still, until recently the area E ^ f Mountain Resort - DAVID HOLTZMAN As mountain resorts morph from ski areas into dear-round destinations, they face affordable housing shortages and other growth challenges. retained a relaxed atmosphere that made it different from other Western resort centers, such as nearby Aspen. Today, changes in the mountain resort industry and in consumer tastes are having a dramatic effect on local real estate values, forcing resort developers and civic leaders to plan carefully to control the pace of change. Rapid growth in mountain towns like Crested Butte has led to numerous ~ hallenges, from increased traffic to treats to open space and the character f the community. The biggest concerns date to housing, particularly a lack of (fordable housing for people who work ~ service jobs, from snowmaking iachine operators to waitstaff. Since Heir business depends on available ~ Busing for these workers, many resorts eve collaborated with local govem- ents to provide rental and ownership 1 units for people at the lower end of the income scale. Mountain towns have also realized that many tourists with higher incomes are not leaving at the end of their vacations; they are moving in for good. Because an increase of per- manent residents brings more traffic year-round, resorts are looking for ways to add housing and amenities for these residents using smart growth manage- ment principles. A New Kind of 12es®tt As the ski business stagnated in the i98os and 199os, many resorts began to look at real estate development as a means of canning out a bigger profit. Beyond building more condominiums, timeshares, and second homes for skiers, they discovered the concept of the resort community, ayear-round playground in which skiing is not neces- sarily the main event. Nowadays, people come to Crested Butte and other resorts as much to ride mountain bikes or horses as to strap on skis. They also come to shop, dine, and stroll the streets, all without leaving the resort. In crafting resort communities, developers have made the village center a key feature. At the Canyons in Park City, Utah, lodging, condominiums, restaurants, and retail-along with ice skating, heated outdoor pools, and other amenities-are clustered around the base of the mountain, adjacent to the chairlifts. A similar development, to be called Mountaineer Square, is in the works at Crested Butte Mountain Resort (CBMR). The villages give ski resorts a central destination akin to a traditional town center. Vehicles are limited to access roads, so pedestrians have free rein in most parts of the village. Some resorts have made their villages hubs of zq/7 activity, scheduling special events every weekend and adding features from conference centers to symphonies. While resorts have altered their amenities and layout to please tourists, APRIL 2006 Snowshoe Mountain in West Virginia has grown tremendously and increased its activity offerings over the past decade, adding more than zoo mountaintop homes in the past year, as well as new rental and retail space. Snowshoe has also opened an indoor/outdoor aqua park and inaugurated a full-Fledged adventure program, with organized cross-country skiing, snow- shoeing, snowmobiling, and sleigh rides, as well as a tubing hill and Kids World facilities. A new biking and walking path was recently added, connecting all lodging facilities along Snowshoe Mountain's basin side. URBAN LAND $3 MOUNTAIN RESORTS The full-ownership Sundial Lodge is a key element of the village center at the Canyons in Park City, Utah. Lodging, condominiums, restaurants, retail, and other amenities are clustered around the base of the mountain, adjacent to the chairlifts. t4 changes in the economy and technol- ogy have made mountain resorts attractive not only for short-term visi- tors, but also for permanent residents. "Folks are spending more time in their second homes," says Becky Zimmer- man, head of strategic services for Design Workshop, Inc., who has advised resorts and resort towns on how to create a vision for their future development. "They initially spend maybe a couple of weeks a year in it, but over the course of their ownership, they may end up spending six months a year there. Certainly technology- being able to be connected from wher- everyou are-has been a catalyst for that transition:' An alternative to the second home that has emerged from the shift to more year-round resort activity is the condo/hotel, typically located in the village centers. Units in these hotels are purchased for a set number of weeks out of the year, typically by people who like to visit resorts once a month. During periods when owners are not there, either the resorts or the owners can rent the units to other visi- tors. Even condo owners who have full ownership can arrange for the resort companies to rent their units when they are away. As a result, the prob- lem of "cold beds"-units and resorts largely empty for much of the year when owners are absent-is avoided. The arrangement is good for resorts, which gain more income from the additional visitors staying in the condo hotels, and for municipalities, which gain more tax revenue. The Carryons has made the most of this strategy, building the 358-unit Grand Summit condo hotel as well as the full owner- ship Sundial Lodge in its village center. The villages actually provide a means of cashing in on underused real estate. Zimmerman notes, "You take this extremely valuable land-we call it beachside-adjacent to skiing, and you sell the real estate." With this new phase in mountain resort development has come a real estate buying frenry. In zoo4, the aver- age selling price of asingle-family home in Crested Butte was $675,833, a 60 percent increase over the previous year. In 2005, it jumped to $923,9oz, while condos sold for an average of $361,684. The surge in prices can be attributed partly to the fact that in spring 2004, the resort was sold to new owners, but also to the demand for second homes in the area. Addressing the Housing Crunch The real estate boom in these high country destinations has driven many of the resorts' employees, as well as those of the surrounding towns, to find housing far from the resort town, which has caused traffic problems for them and for tourists. "The line of traffic coming in every day isn't bumper to bumper yet, but iYs getting there," says John Hess, planner for the city of Crested Butte. He notes that, with the exception of the chief of police, every officer on the police force of Mt. Crested Butte, the town adjacent to the resort, now lives "down valley," 3o miles from the resort. The housing crunch has led to some creative projects that use the resources of both the resorts and their neighboring towns and counties. CBMR and Mt. Crested Butte jointly are building 56 units of income- restricted housing as part of the z98- unit Prospect development near the resort village. Providing housing both for essential town employees and for resort workers, the project enables the resort to meet the town's inclusionary URBAN LAND APRIL 2006 zoning ordinances, which call for i5 percent of new development over a :ertain size to be affordable. Summit County, Utah, and the _anyons, over which the county has urisdiction, created a detailed afford- rble housing plan for all new develop- nent soon after the American Skiing :ompany bought the resort in 1997 he master plan includes ensuring that enough housing is built to serve at cast zo percent of the employees gen- ~rated by the development. The afford- ble units will be built in three phases, rith the first phase kicking in when i5 ercent of the planned development is ompleted or under construction. So ir, the resort has reached i5 percent. "The county insisted that we have a uildable affordable housing program, of just a 5o-page report," says John ihinen, a consultant for the Canyons. ie affordable units will be targeted at orkers who earn no more than 80 ~rcent of the area median income dVIQ, says Nora Shepard, the county's >mmunity development director. She ould like to see the plan adjusted to dude tiers of affordability, to ensure at workers who earn only 4o percent the AMI can live there. This popula- m is difficult to house in Park City acause of the limited number of ntal units, she says. Other resorts have been even more nbitious about housing their employ- ees. At present, the Sun Valley resort, in Idaho, has room for 4o percent of its winter season workers. Still, many other workers commute a great dis- tance every day from southern parts of the state because they cannot afford homes in town or the surrounding region. The town of Whistler, British Columbia, has long had the goal that 75 percent of all employees and busi- ness owners in the town would be able to afford to live there. That was an easier goal to reach in the resort town's early years in the i97os, but as older employees move away, their replace- ments are being priced out of the local housing market. Trying to Grow Smartly Up the road from the Prospect develop- ment, CBMR is planning to expand its skiing terrain to include an additional mountainside, and it intends to build 30o to qoo units in a new urbanist- style development at the base. The resort's housing is targeted at a range of incomes, but also the project's aim is to grow in a tightly controlled manner in order to create a permanent commu- nity rather than more "condoland," says John Sale, CBMR's director of plan- ning for real estate development. "It will be located aquarter- to a half-mile from transit. Homes will be small and on small lots [with] a very small com- mercial/retail area around the ski lift mostly to serve the needs of the people who live there. We're looking at mixed use, possibly live/work homes or rowhouses. It will be very similar to the town of Crested Butte." Other resorts are taking similar steps to control the pace and form of their expansion. The Canyons severely restricts the number of vehicles that can get to its village area from the main road; in fact, many visitors reach the village by using a people mover, after leaving their cars elsewhere. Since so many visitors fly into Salt Lake City, which is just 4o miles away via the interstate, less than half of them arrive at the resort by car. Still, that proximity to the big city generates enormous traf- fic problems for Park City and the valley in which it lies. The traffic issue has been harder for resorts and communities to get a handle on than housing. "We don't want the roads to be too big because that would induce growth, but they need to be big enough," says Shepard. "We've hit some choke points at certain intersections." While special events, which are common in the summer, typi- cally have good transit service from park-and-ride lots, the ski resorts lack adequate transit support for employees who live in other, more affordable parts of the county, she says. The same prob- lem exists at Crested Butte. Transit between Crested Butte and the resort is APRIL 2006 The courtyard of the lodge at Crested Butte Mountain Resort's Mountaineer Square. The lodge is the entry point from the resort's transit center, where buses arrive from the town of Crested Butte. It includes a bank, a cafe, retail shops, a conference center, a pool, and a fitness area. Upstairs condos sell for Ss million and up. URBAN LAND $$ MAUNTAIN RESORTS Finding Summer Success for Mountain Resorts DURING THE SUMMER MONTHS, OWnerS have always found it challenging to keep their ski resort properties active and filled with paying guests. Yearly budgets are based on the revenue stream anticipated during the winter months, while the summer months almost always run at a loss. A resort operator's defini- tion of success is somewhere along the lines of 300,000 skier visits for medium-sized ski areas and from 700,000 to over i million skier visits for large resorts during a typical 90- to s3o-day ski season. Although ft is hearsay to suggest that similar visitation levels are possible in the summer, significant activity and considerable profits are achievable during that season. Today, marry mountain communities experi- ence greater visitation during the summer than in the winter. For instance, the town of Stowe, Ver- mont, registered 500,000 visitors during the months of July and August zoos and 350,000 vis- itorsduring the months of January and February the same year. Crested Butte, Colorado; Brecken- ridge, Colorado; and Truckee, California, all see similar patterns ofvisitation, with more people in town during the summer than in the winter. Over the years, ski resorts have tried a number of things to attract the summer visitor. Conference facilities, golf courses, tennis camps, spas, wedding venues, adventure activities, festivals, and educational forums have all been attempted and occasionally are successfully integrated into the resorts, attracting a clien- tele who stay for a few days. Conference cen- ters, like the Keystone Conference Center in Summit County, Colorado, are most successful for resorts within atwo-hour drive of major metropolitan areas. The conference business generates acceptable occupancy rates and allows the resort to maintain a desirable staffing level year-round. Other act'n-ities show- ing promise include the following: mountaintop lift rides, zip lines, mountain biking, whitewater rafting, fishing, rock climbing, and, at a few resorts, the addition of alpine slides and water parks. Some of these amenities-water parks in particular-draw a significant number of visi- tors during the summer and fall; however, the 86 numbers of overall visitors during these shoul- der seasons and the total income generated are considerably less than during the winter. With all of these potential summer cus- tomers, why can't mountain ski resorts become viable business operations during the ofi-season? Many factors work against such resorts in the summer, most of which are self-imposed. One significant challenge is the sld resort's appear- ance during the summer months. Base and maintenance facilities often rely on snow-and lots of it-to hide their often tousled landscape and lack of finish and detail There are excep- tions to this general rule: )iminy Peak, near Williamstown, Massachusetts, has a refined landscape, creating the feeUng of a golf com- munity during the spring, summer, and fall; Sun Valley, Idaho, and Beaver Creek, Colorado, have made concerted efforts to fashion a land- scape that is attractive year-round; and the owners of Squaw Valley, Califamia, recognize the importance of the landscape betuveen its base village and mountain edge. Successful summer ski resorts can be organized into two categories: resorts where base villages have been created, and resorts where programming for guests is the focus. Base Village Resorts. Many mountain resort developers have created villages that provide a bed and retail base at the bottom of their mountain. These villages are integrated with the lifts and ski trails. Intrawest, a Vancouver- based publicly traded company that specializes in resort developmerrt, has relied on the devel- opment of base villages as part of its formula for resort success, and many other resorts have attempted to emulate the Intrawest model while others have created their own version. There are a few that have become extremely successful. Whistler, British Colum- bia; Beaver Creek; Vail, Colorado; and Mount Tremblant, Quebec, are the best examples of resort villages developed from scratch that are busy in the summertime. Each of these base villages is within atwo- or three-hour drive from major population areas; each has created a critical mass of residences; and each has a good mix of retail, recreation, and entertain- ment offerings. Successful base villages are extremely capa tat intensive, requiring a significant infrastn+c- lure investment to install new utilities, trans- portation and roadway improvements, parking (often structured parking), and skier service upgrades such as base lodges and new lifts to complement the new village. Initial irnrestments of $i5 million to $qo million are common prior to beginning the construction of the first units of real estate. Amultimillion-dollar investment in a new base village, however, does not guarantee a successful ski resort, and often has very little impact on summer business. Aspen Highlands is an example of a base village that has not gained market momentum yet. Built at the base of the best skiing in Aspen, the Highlands was designed by a team of internationally recognized architects and designers, and features a roster of high-profile tenants, anchored by the Ritz-Carlton Club. Despite all these assets, the project has met with limited success. Retail tenants are strug- gling, and traffic remains relatively flat. The general consensus as to why this projec* has not been the success that it was hoped to be is that the town of Aspen is only five mites away. As such, the Highlands never had a chance to compete with the vitality of a town constantly in motion and, by comparison, feels isolated and empty. It has become somewhat acClve during the hours that the ski area oper- ates, but otherwise is not a viable destination. URBAN LAND APRIL 2006 A successful base village, Mount Tremblant is busy summer, fall, and winter, drawing cus- tomers from nearby Montreal and Ottawa. The •esort and village capitalize on the beauty of :he Laurentian Mountains and are billed as a dace to escape the city environment and have un. Intrawest and its designers developed Vieux Tremblant, renovating a number of small original buildings from the resort and placing hem in a hamlet composition, creating a wman-scale retail and entertainment district rithin the larger base village. veux Tremblant alive at all times of the day and during post seasons. Yet, the resort has not come up rith a way to charge guests a user fee forvisit- igthe facility in the summer and fall, as it oes in the winter months. Rather, the resort dies on the success of its retail and entertain- ient vendors, as well as attempts to achieve i adequate occupancy rate. Resorts Focused on Programming. The most iccessful ski area during the summer months yes not consider itself a ski resort. Smug- er's Notch, Vermont, is located in a remote rction of the state's northeast region. Guests reeling from southern New England or the id-Atlantic must drive past most of the suc- ssful and attractive resorts in the state, and en continue another two or three hours to Bch Jeffersonville. Rather than provide an exceptional infrastructure and amenity package superior to other resorts, Smuggler's Notch offers a lot of very well-used-some would say "tired"-amenities. So why is it consistently ranked as one of the best family resorts-if not the best family resort-in the nation? More interestingly, why is Smuggler's-Notch even busier and more profitable in the summer than during the winter months? Smuggler's Notch markets itself as a family resort that just happens to offer skiing in the winter. Owner Bill Stritzer and his management team recognize that they can accommodate thousands of guests at a time and that when this infrastructure is idle, it is a waste of an expensive resource. They have also found a way to charge guests for using the resort's facilities year-round. Unlike a resort that relies on filling its rooms for one or two nights a week, Smuggler's Notch has devised a way to extend guest visits for seven days at a time. The key to Smuggler's Notch's success is its commitment to making certain that children are actively engaged, entertained, and having fun, often leaving the parents on their own to read, relax, and recharge. They even offer a "Family fun Guarantee," whereby a family member is reimbursed the cost for programs that are deemed "not fun:' The concept is simple, but the implementation is complex and human resource-intensive. The resort organ- izes children into five age groups, each with a unique name to foster a group identity. The ratio of counselors to campers ranges from i:5 for the three- to five-year-old groups (Discovery Dynamos) to i:s5 in the i6- to ipyear-old groups (Mountain Explorers). Each group is completely independent and has its own roster of activities. Camp sessions run from io:oo a.m. until 4:0o p.m, every day, and often there are evening programs available as well In addition to the programming effort, the resort has made a number of facility upgrades. Smuggler's Notch has invested in a state-of- the-art daycare facility that can accommodate children as young as six months. There are extensive pool complexes within the five resi- dential communities that provide activity nodes for various programs and age-group camps. An indoor water park was recently completed to supplement the 2o-year-old outdoor facility, and a video arcade is constantly being upgraded. The resort is adept at utilizing all of its facilities completely, adding new buildings only when absolutely necessary. For example, the "Town Hall" occupies the basement of a restaurant building that serves breakfast to the three- to five- and six- to ten-yearold groups each morning and is also used for lunch and activities in the afternoon. On Thursday nights, the room accommodates the weekly wine and beer reception for arriving guests (Thursday being the transition day), and on Friday nights, the same room is the venue for the weekly play performance put on by the staff There is always something going on in this space, as at all of the resort's facilities. Historically, the Smuggler's Notch market has extended from Philadelphia to Toronto, but as word spreads regarding the family vacation opportunities, visitors are beginning to come from other parts of the country. The resort sells a number of different timeshare and fractional real estate products, ranging from one week to half-year increments. Property owners or guests can sign up for a family vacation pack- age that includes set programming for each child, or they can choose to pay a la carte as they progress through the week. Edher way, Smuggler's Notch is able to charge a user fee for everyone who enters its resort every season of the year, and continues to find new ways to fully use its facilities throughout the year. Summer success for mountain resorts is a difficult challenge, but one that can be realized with innovative planning and a commitment to dedicating the necessary resources. Resort base villages can be a significant year-round asset, adding necessary accommodations and enter- tainment facilities, but a clear understanding of the market and visitation patterns is critical for success. Activities that use and build upon exist- ingfacilities year-round are taking hold at moun- tain resorts with impressive results. As Smuggler's Notch has proven, it is possible for ski resorts to be fully occupied and generate healthy profits during the summer season. c H R i s o u N N is principal and director of land plan- ning /or SE Group/Sno Engineering, which has spe- cial¢ed in the design o/mountain resorts and communities since 1958 APRIL 2006 URBAN LAND S7 MOUNTAIN RESORTS j B 17; i7 ~i 7E31 1=C The base village at Whistler in British Columbia has found great success, but this has caused housing prices to soar. The town has long had the goal that 75 percent of all employees and business owners in the town would be able to afford to live there, but today, as older employees move away, their replacements are being priced out of the local housing market. excellent, says Hess, but between Crested Butte and the valley, where so many workers now live, it is minimal. The extent of traffic and housing problems in these regions hinges on how eager resort companies are to expand, as the resorts are by far the largest employers and property owners in each region. The Sun Valley Com- pany, for example, has shown no interest in expanding its resort in recent years. Mean- while, the town has been able to get a head start on planning, in case the company changes course. The town recently imple- mented two housing ordinances, one of which is similar to Mt. Crested Butte's inclu- sionaryzoning ordinances. The other is a link- age fee, which applies to any square footage added to an already existing residential build- ing. The fee goes into a general fund for affordable or deed-restricted housing. "The need for affordable housing is regional," says Mark Hofman, planner for the city of Sun Valley. He explains that the resort is focused on its own needs, "so I'm willing to bet it doesn't see the problem as urgently as we do. One thing that directly concerns it is the seasonal housing needs it has for worlc- ti38 URBAN LAND APRIL 2006 3 ers from all over the world." The z resort has stepped up to provide o housing for many of these work- e ers, while the town has specified certain areas for multistory workforce housing should the resort expand in the future. "We've identified areas where single-family, estate-style houses could exist right next door to workforce units," he notes. The Sun Valley Resort has plans to add amenities in the next two years, including two nine-hole golf courses, a hotel, and a sym- phony orchestra. Any additional real estate project developed by the resort will probably serve to fund these amenities, says Holman. A Major Shift The mountain resort industry has undergone a huge shift. The long-term implications for small towns trying to maintain their character are not yet clear. What is certain is that there has been a switch from a business focused on skiing to one with a much broader focus. "You find very few ski areas today that are operating purely on revenue from skiing," says Zimmerman. "Most have now gotten into real estate, because the margins on skiing are really slim." The costs of snowmaking and insurance have cut deeply into profits, and the number of skier visits has been flat at many resorts. "But the resort experience is definitely a growth industry." Traffic, the increasing cost of housing, and the transition to a more year-round population represent potential threats to the identity and economic strength of mountain resort towns, whether a town's aim is to maintain a sepa- rate identity from that of the resort or just to keep its reputation as a place to escape from urban and suburban ills. To address the issue of a more permanent population, the Canyons has an understanding with Summit County that at least 8o percent of the housing built at the resort must be resort oriented, or short term. The county and the resort agreed that this was important given how close the resort is to Salt Lake City. As more permanent hous- ing is constructed, Park City and the county are at risk of becoming a bedroom commu- nity as much as a resort area. The clustered nature of the village center at the Canyons also is in line with Summit County's general plan, which calls for avoiding suburban-style sprawl development. Before they were home to resorts, Park City, Crested Butte, and Sun Valley were mining towns. When mining declined, each commu- nityturned to the ski industry as its savior. Skiing did more than save these towns-it made them famous. Now they are growing up with an entirely new set of challenges. LL DAViD x®LTZMaN isafreelancewriterbasedin Montclair, New Jersey. ~Oo0og0~0o006 ~G~6 ~c~~~o~ (~~,I~C~~,1®G ~l~L~L~~,1 ~C~/L~~I ~~ ~l~14L/~~l~l®~~®G~ICC~~~ ~1~OL~ ®4/®~ ®~/®~ ®5/®~ ~~u ~~~~®o~ ~~ku ~~~~®o~ i L~®~I~oml~ I ~'~~ 9~~~ ' ~~ ®g~~~4 ` ~o~%', ®®~ ~ i ~i ~~~~fl'~I~~ ~~~''yvxCS~1 ~' ~ d y~~~~~.d ~ `~ o~~/O' OoM~ 001 11 ~VUUG o~W~ ~a~~i{}~.~®qQ~ o~l(S~ ~~~a.{y~I.~®qQ~ ~a ~T/ryOy~ ~~~~10 ~ ~®~I~uml~J ~®®~ ~t ~~~~I~~~J~ ~'~ ~~~11~0° ~®~~0 aJ~go-~(P1 II ~7~~g 4 ~6 ~0~~~0 ~1g~~(Sd7 ~g®~~ ~lo~~~O.. g~~~` g~ ~ey` ~ ga~aa~Sl/go3~o1~~ ~tSo~~~B~ r y ~ ~II~y~~ ~ ~i~ Ilg~~~~~~ Hy ~~ ~~~o~.O/~ 2005/2006 Ski Season TOTa4L 04/05 05/06 05/06 Ski Season Ski Season Collections Collections Change Retail 3,918,870 4,174,010 6.5% Lodging ~ 3,929;597 4,28,893 9.1 ~ Food & ~' Beverage 2,:344,928 2,537,172 8.2% i Utilities & 1,;?17,188 1,463,179 23.2% Other Total 11,410,583 12,463,254 9.2% RETAIL SUMMARY 2004/2005 Ski Season Collections 2005/2006 Ski Season Collections Ski Season % Change FOOD 777,103 814,150 4.8% LIQUOR 180,536 193,242 7.0% APPAREL 488,091 521,930 6.9% SPORT 1,701,061 1,844,425 ~ 8.4% JEWELRY 169,045 163,849 -3.1 % GIFT 80,218 79,836 -0.5% GALLERY 29,033 34,554 19.0% OTHER 488,276 516,553 5.8% HOME 5,507 5,471 -0.7% OCCUPATION TOTAL 3,918,870 4,174,010 6.5% ati3ii~'` ~T `s. ~~n~~f a 1 ~ ~~ F HOWARD CCOZLOFF Ten Trends Affecting Mountain Resorts from offering new amenities to affordable housing to regional planning, mountain resorts across the country are responding in innovative. ways to market changes. MOUNTAIN RESORTS are bU51- nesses.Though regarded primarily as recreational venues, they are large-scale entertainment real estate ventures that compete for consumer dollars in much the same way as theme parks, tropical resorts, or European destinations. Thus, they must employ business strategies to retain their current customer base while also reaching out to attract new customers. However, as the overall skiing (and snowboarding) population remains relatively stag- nant, mountain resorts must con- stantly fine-tune their image and adjust their. offerings to appeal to a broader customer base. Mountain resorts are evolving to become increasingly year-round desti- nations. Some areas that were tradi- tionally summer destinations-such as Jackson Hole, Wyoming, which is close to Yellowstone and Grand Teton National Parks-and. other areas that were traditionally winter destinations-such as slci-haven stal- wart Vail, Colorado-have expanded their offerings in an effort to become four-season destinations and shrink the less profitable "shoulder sea- sons." These changes, however, will result in an almost year-long influx of tourists-good for the economy, but challenging for the local community. Equally paradoxical is the amount of money that tourists bring into the community and what it does to the economy. Tourist dollars obviously drive local businesses and create wealth that can be further spread through the community as local residents spend. But, tourism also increases the divide between socioe- conomic levels. The tourist industry relies on sometimes seasonal, often low-wage employees. Rising costs of living, however, threaten the viability of resort economies by making it increasingly difficult for lower-wage employees to live in, or even near, the community in which they work. Resorts court most aggressively those tourists with the most money to spend in the local economy. Thus, the resorts begin developing environments with higher-end amenities. Again, the results are conflicting. These amenities are highly management-intensive, creat- ing aneed for more staff to meet the expectations of the upscale patrons. Therefore, more demand is created for workforce housing. These higher- end amenities and affluent tourists drive the economy, yet, the need to provide for the workforce is also essential, much as in any city, large or small. As such, populations grow and new destinations are created. As resorts have grown in scope and size; so, too, have the commu- nities around them. These communi- ties provide the workforce for the resort and, in many cases, have grown into multifaceted economic centers for the larger region. As they face and address many of the same issues that even the largest cities must confront, they sometimes out- grow their original quaint mountain town ambience. Some communities • have confronted these issues head on, while others suffer from "urban denial" But, it is undeniable that many mountain resort communities suffer from issues of traffic, sprawl, and loss of identity, among others. To compete in the sometimes shrinking, somewhat homogenizing, and somehow urbanizing mountain resort business, resort owners, oper- ators, and municipalities must remain agile and dynamic and will- ing to address an ever-growing list of needs and issues. Following are ten trends that are driving the changes occuring in mountain resorts today. HOWARD KOZLOFf isadeuelopment manager for the Martin Group, a Santa Monica-based development firm. ~s URBAN LANG APRIL 2006 1. Redeveloping Older Resorts With numbers of skiers relatively stagnant, and human nature often gravitating toward the shiny and new, older resorts are faced with the need to reinvent themselves to compete, not only with the likes of the Aspens and Vans, but with other family vacation offerings. Many older resorts can no longer rely on their image as a small homey local mountain resort to sustain themselves. Without high- speed chairlifts, off-slope dining, lodging, retail amenities, and family entertainment options, these older resorts will flounder. To make themselves more competitive with each other and with other vacation and entertainment destinations, mountain resorts such as Brian Head, in southern Utah, and Mammoth Mountain, in California, are undertaking large-scale redevelopments. In Brian Head, an approximately i,7oo-acre parcel may be developed as a combination of any number of uses: golf club, residential town- homes or condominiums, hotel, and/or commercial and retail uses. In Mammoth, parts of a phased base village have been completed, while other parts are still under development. Stanwood Capital Group recently acquired a majority interest in Mammoth from Intrawest, which remains as a minority owner, and will continue to work toward realizing Mammoth's vision of becoming a major destination resort. Unlike other resorts that have to fight to maintain their identity, some older resorts must re-create their identity, and their destiny, by redeveloping their villages into true family destinations that just happen to be next to a mountain. 2. Going Upscale Lost on the average skier is the fact that mountain resorts essentially are real estate ventures with the mountain as an amenity, much as golf courses are amenities for residential developments. Although some- times hard to believe with lift ticket prices surpassing $7o per day in some locales, real estate remains a resort's largest revenue generator. With supply tightly constrained due to existing development and, in most cases, extensive public landholdings, resorts are apt to draw as much value as possible from remaining parcels. As such, resorts must continue to offer higher and higher levels of service and amenities to keep attracting real estate money, whether hotels, condominiums, homes, or other products. Upscale hotel chains have found success at mountain resorts. The Ritz- Carlton Hotel Company operates a property at Bachelor Gulch in Beaver Creek and in Aspen, complete with spas and package deals that include wine tastings and gourmet dinners. In Jackson Hole, Wyoming, a' formerly sleepy cowboy town is home both to a Four Seasons and an Amangani. The latter is operated by Amanresorts, known mostly for its superior prop- erties in places such as French Polynesia, Sri Lanka, _ and Thailand. The 4o-room Amangani is Amanresorts' ~ first U.S. location, and includes spa and pool ameni- ties, as well as an art gallery, a lounge, and a library. The Four Seasons Resort in Jackson Hole is the Four Seasons' first U.S. mountain resort property and _ includes a residence club and private residences in addition to its guest rooms, suites, and master suites. ~ Of course, upscale hotels at ski resorts are not entirely new. But, the presence of larger chains sig- nals the start of a trend. This puts added pressure - on other resorts to include higher-end offerings to attract the type of clientele that provides the needed economic boost. APRIL 2006 URBAN 6AND ~,~ uL 3. Keeping Reds "Hot" A new type of ownership structure has emerged at mountain resorts-fractional ownership. Also called private residence clubs, fractional ownership allows the buyer to purchase a deeded share (any- where from one-quarter to one-thirteenth) in a resi- dence. This share provides a set number of weeks during which the buyer may use the property and the amenities included with the development. According to Condo Hotel Center, prices can range from about $go,ooo to over $i million, depending on location, number of weeks, size, and level of luxury (most, however, range from $soo,ooo to $500,000). Basically, the benefits to buyers are that they acquire ownership of a second home at a lower price point without the hassles of upkeep and with the ability to capture appreciation upon resale. At the Deer Valley Club in Park City, Utah, for example, prices have been consistently appreciat- ing. According to Tom Ward of Jess Reid Real Estate in Park City, atwo-bedroom membership unit that sold for $70,000 in February zoos recently sold for $105,000. Similarly, Ward notes current three-bed- room memberships sell for $i95,oo0, whereas in January Zoos, the same membership unit sold for $i5o,oo0. The benefits to sellers or operators basi- cally are that they are able to capture more rev- enue from sales of fractional units than from sell- ing asingle unit to a single buyer. For example, selling four four-week packages yields more rev- enue than selling that same unit to a single buyer as a condominium. Also, since all 52 weeks are not accounted for with any single fractional unit, these units can be rented out on a weekly or nightly basis when the owners are not present, thereby presenting further revenue opportunities to the operator. The benefit to the community is that beds are kept occupied, or "hot," by either fractional owners or daily or weekly guests. This is an important factor in the life cycle of a mountain resort because it is the constant influx of visitors that drives the economy. Single condominium units often are unoccupied, with the average owner staying less than four weeks out of the year and with nearly half of the owners electing not to be included in the rental pool, whereas, with hot beds, a relatively constant cycle of guests will be coming and going, spending money at local businesses, and, overall, keeping a place active and exciting. Coupled with the stock of regular hotels, which also captures hotel tax revenue, fractional units, when active in the rental pool, can be a key component of a moun- tain resort community's municipal budget. 4. Events/Venues for the Younger frowd With skier numbers stagnant, resorts have had to reinvent themselves and adjust their offerings to attract families and, especially, the younger crowds. With the pop- ularity of snowboarding continuing to grow almost exclusively with the younger gen- erations, most major resorts throughout the country have added terrain parks or halfpipes specifically designed for snowboarders. Increased ski school offerings, snowtubing parks, ice skating, expanded terrain for beginners, more diverse restaurants and retail shops, and other amenities are all now part of resort programming in the effort to make mountain resorts full-family destina- tions. Even traditional ski resort stalwarts such as Jackson Hole and Crested Butte, Colorado, have added such amenities in trying to shed their image as havens for experts only. However, as family offerings tend to be similar, resorts may find it diffi- cult to maintain their identities. Combating the "sameness" image are places such as Alta, Utah, which remains closed to snowboarders and is a "skiers' mountain." This, along with other aspects, certainly drives Alta's uniqueness, but may come at the cost of keeping some families at bay. There are, nevertheless, ways to offer unique attractions while still drawing all age cohorts. Aspen, for example, has hosted ESPN's Winter X Games for the past several years, an event targeted at the under-25-year-olds. And, Vail has opened an MN studio atop the mountain, with U.S. Olympic mogul skier Jeremy Bloom as program host. However, these attractions are extremely difficult and expensive to replicate. ~ URBAN LAND APRIL 2006 5. Maintaining Community Identity The once tiny airport at Jackson Bole used to welcome ranchers carrying nothing more than a saddle with saddle bags, as well as the occasional skier toting bags of gear. The formerly sleepy town square is framed by elk antler arches and wooden sidewalks, but today these features front such ubiquitous chains as the Gap or the Rocky Mountain Chocolate Factory, while fast-food chains line the road leading from town to the mountain. In an age of globalization, resorts must main- tain their identities both to meet the desires of their visitors and to differentiate themselves from other resorts. Historic and attractive mountain towns, such as Park City or Telluride, Colorado (both originally mining towns), need to promote economic development without losing their charm. It is a vicious cycle-tourists come to unique places to escape their everyday lives, and they bring their dollars with them. The larger chain stores follow, hoping to capture those dollars, and the uniqueness disappears as the same stores appear from resort to resort. Those resorts with unique identities are most in danger of losing them. But, those that do maintain their identities are positioned to gain the greatest benefits. Communities must be vigilant and bal- ance the need to preserve their identities with the need to develop their economies. )ust as suburbs must fight to create a sense of place, resort communi- ties must fight to maintain their sense of place. ¢ fi'- 1. Public Transit Options Choking traffic, long commutes, and hard-to-find parking should not be factors in mountain resort communities, _ but they have become so. From workers displaced by housing prices and forced to commute to geographical constraints at some resorts-for example, because many resorts have only one road in and out, they must funnel all traffic on this one road-there are simply too many vehf cles on the road. To deal with this congestion, viable transit options are an absolute necessity. If visitors can get to the mountain, around town, and, perhaps, to neighboring resorts without a car, much of this congestion can be relieved. And, if workers can take transit from outlying areas to the center of town, even more congestion can be relieved. Communities like Park City provide free in-town shuttles that connect to places farther outside of town and provide a relatively substantial trans- portation network. Likewise, Aspen and Pitkin County, through the Roaring Fork Transit Agency (RFTA), provide a commuter bus service that serves park-and-ride lots along the length of the highway that leads in and out of the city of Aspen. RFTA's ridership numbers rival those of major U.S. cities. Providing public transportation limits the need for tourists and workers to drive cars in the town center, thereby reducing traffic, congestion, and the need for parking. 6. Providing Affordable Housing - ~ Much like many large cities, mountain resort communities face a growing affordable housing crisis. As resorts continue to offer higher priced and higher-end real estate options, sur- . _~.~_ - rounding properties summarily increase ~~ '~..~ in value. Housing options are scarce for ~~*~ .. the woricforces of most resort communi- ties-primarily low-wage seasonal work- ers working in retail, restaurant, and mountain operations, and in construction. Similarly, full-time residents who provide city services- teachers, police, municipal workers-make less than what is needed to purchase a home. To combat this affordability gap and preserve the way of life for local residents, some municipalities have tackled affordable housing development aggressively. Unfortunately, most are playing catch-up. With land and construction prices high and supply constrained, it is a daunting task. In Aspen, a 6o percent inclusionary zoning ordi- nance has produced tangible results both in the city of Aspen and throughout Pitkin County; over z,ooo deed-restricted affordable housing units exist today. In Park City, the mountain resort rents some properties at market rate and leases them to seasonal work- ers at below market rate, thereby subsidizing some, but not all, employee housing. But, in places like Crested Butte, a recent trans- fer of ownership has led to skyrocketing property prices, and with- out an inclusionary zoning policy in place, locals have been forced to find housing farther away from the resort, compounding traf- fic problems, among others. keep these small towns functioning as viable locales for ants and visitors, housing options must be available for all. wise, the sprawl and congestion that everyone is trying to re in the first place will be in their own backyards. APRIL 2006 URBAN LAND 49 ~~.' c~. a..6. o~ ~~ TOWN COUNCIL AGENDA REQUEST (Request form must be given to the Secretary to the Town Manager by 12:00 p. m. Wednesdays.) MEETING DATE: June 20, 2006 (Prepare a separate Agenda Request for each agenda item. If the agenda item will be discussed at both.a Work Session and an Evening Meeting, be certain to check both boxes in this section ahd indicate time needed during each meeting.) Work Session TIME NEEDED Evening Meeting TIME NEEDED : 10 Minutes Site Visit TIME NEEDED WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON-TOV STAFF? X NO. YES. WILL THE PRESENTATION overhead projector, etc.? X_ N O. YES. Specifics: WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM? NO. _X_ YES. If yes, is the material also for public distribution? X YES NO ITEM/TOPIC: 2006 Roadway Maintenance Project. ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project in the amount of $ 796,738.60. BACKGROUND RATIONALE Staff has received one bid from B&B Excavating for the 2006 Roadway Maintenance Project. The project consists of a maintenance asphalt overlay on portions of roads in East Vail, drainage improvements and an asphalt overlay on Arosa Dr, Davos Tr, Garmish Dr and a portion of Chamonix Ln. The work also includes an asphalt overlay on the S.Frontage Rd. west of the West Vail Roundabout that the Town will enter into an IGA with CDOT for reimbursement. The project is budgeted as follows: $ 642,842.08 Capital Street Maintenance Budget $ 25,000.00 RETT-Trailhead Improvements Budget (For Trailhead paving of Buffehr Creek and Sandstone Trailheads. $ 128,896.52 CDOT An IGA is currently being finalized with CDOT. The IGA will be brought to Council for approval at the next meeting. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project in the amount of $796,738.60. OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT, i.e. Tom Kassmel, Public Works Employee Signature/Department Visiror it5t • Co ~ ~t rt `V ~.L`TALL EY' chamber &Tou.rism Bureau Your Su cress Connection VAIL LODGING OCCUPANCY FORECAST Summary of Booking Patterns as of May 31, 2006 Prepared by MTRiP (RRC Associates 8~ Advisory Group), June 19, 2006 This report summarizes selected results of the Vail Lodging Occupancy forecast as of May 31, 2006. The Vail Lodging Occupancy Forecast provides data on booking patterns at Vail lodging properties, for both historic months and the forward-looking 6 months, and as such provides a barometer and advance indicator of overnight stays in Vail. Studvmethodolopv.~ Fourteen Vail lodging properties, representing approximately 1,333 rooms, participated iri this month's lodging occupancy survey: ® Destination Resorts Vail . Peak Properties Inc. • Vail Marriott Mountain Resort and Spa • Evergreen Lodge • Prudential Colorado Properties • Vail Racquet Club ® Lion Square Lodge • The Lodge at Vail • Vail Spa Condominiums ® Manor Vail Resort • Vail Cascade Resort & S a Montaneros , p Westwind at Vail ° Vail International Condominiums The lodging occupancy survey permits comparisons of lodging activity this year to the same point in time last year, allowing for "pacing" analysis. Moreover, this year's and last year's bookings "to date" can also be compared to last year's historical actual bookings, allowing an understanding of the degree of "fill" achieved to date for occupancy in upcoming months. Vail's occupancy results can also be compared to those at across-section of other mountain communities which are deploying similar lodging occupancy surveys with MTRiP. • Occupancv results o Vail occupancv pacing: This period's occupancy pacing shows a mix of strengths and weaknesses, varying by month. After April's occupancy increased 35.1 percent over the prior year, May finished down 14.2 percent. Looking forward to the summer months and into the fall, June is down 11.1 percent, July is up 9.5 percent, August is down 14.1 percent, September is up 2.9 percent, October is up 39.7 percent, and November is down 5.9 percent. o Vail absolute occupancv rates Based on 2005 results, Vail tends to experience its highest summer occupancy rates in July (53 percent), followed by September (46 percent), August (45 percent), October (41 percent), June (39 percent), and May (23 percent). This provides a general indicator of when the community tends to be busiest on a monthly average basis. o Vail fill pattems: Historical fill pattems for upcoming months provide an indication of the degree to which future business can likely be stimulated. Based on last season's pattems, as of May 31 this year, it is estimated that 3 percent of June room nights had yet to be booked, followed by 32 percent for July, 33 percent for August, 44 percent for September, 75 percent for October, and 54 percent for November. '` 100 East Meadow Drive, Suite 34 * Vail, CO 89657 *p. (970)476-1000 "f. (970)476-6008 www. visitvailvalley, corn . Viriror . r., `4<e 1'~' 7 ~,. .i Ay:. ~•` tie V.~~ ~ ~~ L LEA Chamber & Totu~sm Bure<lu Your Surress C'onnerti~si o Comparisons to othermountain resorts Based on MTRIP lodging occupancy data at a cross- section of 12 western mountain resorts, Vail is generally trending above the industry average during July (+10% Vail / +8% industry) and October (+40% / +13%), but below the industry average during June (-11 % / +2%), August (-14% / +0%), September (+3% / +5%), and November (-6% / - 5%). ~ Vail average nightly rafe: Average nightly room rates in Vail during the next six months are down between 1 and 4 percent from last year, except July and November which are up more than 7 percent. Absolute room rates vary from approximately $110 to $175 during the summer, generally following variations in demand. * 100 East Meadow Drive, Suite 34 ~ Vail, CO 81657 * p. (970)476-1000. * f. (970)476-6008 wuwv. visitvailvalley. corn PROJECT PROCESS: THE SEIBERT CIRCLE DESIGN COMMITTEE WAS FORMED IN FEBRUARY AND INCLUDED MEMBERS FROM THE TOWN COUNCIL, AIPP, VRI, BUSINESS & PUBLIC REPRESENTATIVES, TOWN STAFF, AND DESIGNERS. CRITERIA FOR RENOVATION AND A MULTITUDE OF CONCEPTUAL OPTIONS WERE DEVELOPED OVER LAST TWO MONTHS DURING WEEKLY MEETINGS. THE RESULT OF THE PROCESS IS THE CONCEPTUAL DESIGN SHOWN IN THIS PRESENTATION. SPECIFIC DETAILS OF THIS CONCEPTUAL DESIGN WILL BE DEVELOPED IF IT DECIDED TO MOVE THE PROJECT FORWARD. CRITERIA AND DESIGN OBJECTIVES - A UNIQUE LANDMARK IN NAIL AND SUITABLE FOR A POSTCARD IMAGE - A PLACE THAT SERVES A BEACON TO DRAW PEOPLE, ENCOURAGES PEDESTRIAN TRAFFIC, MAKES YOU EXPLORE MORE WITH FEATURES ON ALL SIDES, AND CREATES A SENSE OF DRAMA - A 4-SEASON ATTRACTION WITH FIRE OR WARMING AREAS YEAR ROUND AND A WATER FEATURE DURING WARMER MONTHS - AN INTERACTIVE PLACE FOR GATHERING, LINGERING, AND JUST SITTING WITH A SENSE OF PRIVACY FROM EXPOSURE - A PLACE THAT HAS THE RIGHT MASS AND SCALE, COMPLEMENTARY COLOR, WORKS WITH THE BACKGROUNDS, AND HELPS RETAIL BUSINESS - A FLEXIBLE AND PLAYFUL AREA, THAT CAN BE A PLACE FOR HOLIDAY CELEBRATION AND POSSIBLY A PLACE FOR ACTIVITY AND SMALL PERFORMANCES FEATURES THAT ARE OPERATIONAL AND MAINTENANCE FRIENDLY A PLACE THAT CAN BE EMBRACED BY THE COMMUNITY PROPOSED PROJECT BUDGET: PHASE ONE -SPRING 2005: SITE DEMOLITION AND INFRASTRUCTURE $609,000 - REMOVAL & RELOCATION OF JESUS MOROLES SCULPTURE - SITE DEMOLITION -INFRASTRUCTURE IMPROVEMENTS - STREET/PAVEMENT IMPROVEMENTS PHASE TWO -FALL 2005: STREETSCAPE $280,000 -STREETSCAPE IMPROVEMENTS (COBBLE PAVING, STEPS, AND WALLS) - SNOWMELT IMPROVEMENTS PHASE THREE -FALL 2005 /SPRING 2006; MAIN FEATURE $245,000 - MAIN FEATURE REFLECTING 'NAIL'S HISTORY' PROJECT BUDGET (INCLUDES CONTINGENCY) $1,134,000 AIL SEIBERT CIRCLE -PROCESS AND DESIGN OBJECTIVES AND BUDGET SUMMARY ~~ ~__ __. :: ~~ Providing a Sense of Safety and Security Through high Quality Police Servicee 75 South Frontage 1Zoad Vail, Colorado 81657 vailpoliceC~vailgov com (970) 479-2210 (telephone) (970) 479-2216 (fax) 1 1 1 TABLE OF CONTENTS Vision, Mission, Values ...................................................................................................................................3 Message from Chief Henninger ...................................................................................................................4-5 At a Glance .......................................................................................................................................................6 Organizational Chart ........................................................................................................................................7 Building on the Public Trust ............................................................................................................................8 Providing Safety & Security .............................................................................................................................9 Then & Now ............................................................................................................................................ 10-11 Patrol Vehicle-An Inside Look ....................................................................................................................12 2005 Highlights ........................................................................................................................................ 13-15 Emergency Preparedness ...........................................................................................................................13 Katrina Response .......................................................................................................................................14 Exchange Program .....................................................................................................................................14 I-70 Education & Enforcement Campaign ..............................................................................................15 High Profile Cases .................................................................................................................................... 16-17 Our Commitment to the Community ...................................................................................................... 18-19 How the Community Rates Us ......................................................................................................................20 The Office of the Chief of Police ...................................................................................................................21 Administrative Division ..................................................................................................................................21 Operations Division ........................................................................................................................................22 Construction Team .........................................................................................................................................22 Investigations Unit ..........................................................................................................................................23 Records Section ..............................................................................................................................................23 Communication Center Services .............................................................................................................. 24-26 Spirit of Volunteerism ....................................................................................................................................27 Law Enforcement Actions & Crime Statistics ...............................................................................................28 Accidents Reported ........................................................................................................................................29 Summary of Activity & Enforcement ...................................................................................................... 30-31 Criminal Activity ...................................................................................................................................... 32-33 Professional Standards ....................................................................................................................................34 Our Thanks and Celebration ..........................................................................................................................35 ~~ ~ • A STATE OF COLORADO ACCREDITED LAW ENFORCEMENT AGENCY 2 a'd~d~i~n IJ~d~~~~l~ ~c `~/f~IL~A~~ ~ ° - - - ~~~~~~ 4o acs ~~~ a~~f~ pc~~oP~ ~0~06~ ~~~~~~~~ a~ ~~ c~~~~~P~o ~~~~ ~o~ ~~~o~~ ®~~~~ ~~~~~~o ~t~~~ t~ ~~~ ~®~ gti~ taco ~~~~ ~c~c/ Oro©~I ~~~®~ n ®t~~~ ~~c~~~~~`~~~~o 3 J 0 r ~ESSI~GE FR®1Wl CHIEF HENNINGEI~ This is truly a special year for the Vail Police Department. We are all fortunate to have been provided with the resources needed to do our jobs well. We always realize the very important role we play in our community, and I can say, quite openly, that the encouragement and support we receive from those to whom we report is always sincere, prompt and abundant. The Vail Police Department adheres stringently to four basic values: Integrity, Teamwork, Ownership, Excel- lence. These are qualities we seek -indeed demand - in every person who aspires to be a part of an organization that seeks to be the very best at what we do. The Vail Police Department has enjoyed forty years of outstanding achievement and success, and we anticipate, with a sense of growing excitement, athree-day celebration of our historic past this fall. We invite everyone to help us celebrate our 40th Anniversary at an Open House on September 9th from 10:00 am to 2:00 pm at the Vail Police Department. I am particularly proud of our successful enforcement campaigns, our community safety programs, our innovative policing strategies, our development of an emergency preparedness plan and the overall improvements that contribute to the quality of life in the Town of Vail. 1 This past year, we handled more than 44,000 calls for service and those calls ran the full spectrum of events and inci- _ dents. The Vail Police Department has reached a critical point in our growth cycle where there is a need to be both well-managed and efficient. One area where we have placed our strongest effort has been the development of an Emergency Preparedness Plan for the Town of Vail. This comprehensive plan unites an extended armada of emer- gency services, local, state and federal authorities and utility personnel. By organizing effectively, we have mobilized a multi-agency, broad-based task force that will be instantly responsive when critical incidents occur. Having key role players, both locally and across our state, who are prepared for virtually any event is a formidable challenge. But, it is a challenge we successfiilly met. This past year, we were provided with two excellent response-driven opportunities that came, virtually, back to back. The first was last May. It was afour-day exercise simulating a major building collapse that required participation from 40 agencies and 600 responders. We used the exercise to hone our communications skills while practicing the planning and coordination of activities that would typically take place should the need ever arise. Then, there was Katrina. Four of our people were thrust into key roles as members of the support group who were hastily assembled to try to restore a shattered community. Three of our people worked for a number of weeks at the Baton Rouge, Louisiana base camp. And the fourth, I am proud to say, also traveled to Mississippi - on his own time - to help rebuild houses. 1 While we were recording ever increasing performance scores, I am happy to report there were significant reductions in several offense categories -burglary offenses, down by 20%, sex offenses, down by 44%, and disorderly conduct offenses, down by 11%. To what do we contribute these decreases? Primarily, excellent arrest procedures, outstanding case preparations for prosecutions and an improved intelligence-led policing strategy. It is an innovative concept that employs the utiliza- tion of a countywide dispatch and records manager-ent system developed to assure advanced collection, organization, retrieval and analysis of real-time data. At the Vail Police Department, we go beyond a simple call-handling strategy which includes the 65 Max Enforcement Program. Although there was an increase in the member of traffic accidents on I-70, the number was mitigated as a direct result of the utilization of our aggressive I-70 Educational and Tra~c Enforcement Program that held the increase well below expectations. In 2005, Vail Officers performed 2,132 traffic stops and issued 240 citations and 756 warnings reinforcing road safety issues and highway noise ordinance compliance. We assumed there would be an increase in accidents due to heavy traffic volume on state and federal highways during the past year in tandem with extreme winter weather conditions experienced by motorists. (The Colorado Department of Transportation reports a daily average of 37,800 vehicles passing through Vail.) However, I am pleased to report that lower than projected accidents served to validate the effectiveness of our education and enforcement programs. Our Construction and Special Events Patrol Team. was formed last May as the Town of Vail's $1 Billion revitaliza- tion kicked off. This team's mission is to effectively respond to challenging construction management issues, thereby minimizing the impact on traffic flow, pedestrian safety and the positive enhancement of each guest's experiences in the Town of Vail. The team is made up of a sergeant and four code enforcement officers. Our use of rapidly advancing technology in mission-critical assignments supports the core functions of our depart- ment, which includes emergency preparedness, crime and control, case preparation and providing continuing order and security to the community. It is gratifying to note that we have been successful in our efforts to expand our vision while ratcheting up our capabilities for long-terrn, measurable planning that help move the entire organization towards a stronger performance. We have gone so far. But, we know much more needs to be done. Over the past 40 years, those capable men and women of the Vail Police Department forged a legacy of excellence that we will seek to uphold. It is both a pleasure and an honor to lead such a fine team of law enforcement professionals as we jointly seek to achieve our goal to be nationally recognized as the best resort police department in the country. Without the continuing and positive support of the Town Council, other Town Departments and the Community, we could not enjoy such a high degree of success. On behalf of all 64 of our employees, we thank you! Sincerely, Chief of Police 5 i~ i 1 '1 1 Town Manager Stan Zemler Assistant Town Manager Pam Brandmeyer _, ~: ~. ,~~ Public Safety Communications Center t Established Year Around Population Average Daily Population Town Budget Town Employees Distance from Denver Distance from Ski Lift Median Household Income Average Assessed Value of Home 1964 4,617 full-time residents 25,000 $43.4 million 225 full-time/75 seasonal 100 miles west A few feet! $65,000 $525,000 single family Chief of Police Dwight Henninger Administrative Commander Susan Douglas Operations Commander Steve Wright Vail Public Safety Communications Manager Paul Smith Police Department Budget Established Sworn Personnel Civilian Personnel Marked Vehicles Unmarked Vehicles Bicycles ~,~ Calls for Service in 2005 `` Public Safety Communication 16% of the Town Municipal Services Budget 6% of the Town Municipal Services Budget 1966 29 35 11 4 6 44,304 Countywide 6 ORGANIZATIONAL STRLICTLIRE Chiet of Polic e Dwight Henninger {y i~ Special Events Planning Operations Administrative ~ _ Vehicle Maintenance Commander Volunteer Program Oificer Administrative Frozen _ Commander ., ` y Ji , „~.......~...~.... I r ~ > ` Day Shik Team Night Shik Team Day Shik Team Night Shik Team Construction Detective ~ (Sun, Mon, Tues) (Sun, Mon, Tues) (Thurs, Fri, Sat) (Thurs, Fri, Sat) Team Sergeant Sergeant Administra tive Citizen's Academy Professional ~ Standards ~ HiringlTraining 3 Officers 5 Officers 3 Officers 3 CEOs 5 Officers 4 CEOs 3 Detectives Grants Planning 8 Research 2 CEOs Auditing ~- Animal Control Court Liaison Accreditation ' ~ Demand Reduction ~~ Reserve Planning , Building Maintenance -~- - -. _ ,.. 1 Eagle County - _ Budgeting Task Force Detective (grant funded) 2 Part-Time . Officers / f TRAINING The department's policy is to provide each and every employee an opportunity for growth and development. A high degree of training is conducted in house at the Vail Police Department, and when needed, other in-state training programs are provided. The table on the right shows the number of hours each group in the organization received in 2005. The level of training is significant, and training plans are reviewed with each employee to ensure their skills and decision-making abilities are where they need to be. The department conducts 80 hours of in-house training per officer dur7ng the off season. Systems Communications Engineer Center Manager Records 4 Dispatch Manager Supervisors 1 Executive Assistant 4 Rewrds Techs 16 Dispatchers Section Total Training Hours in 2005 Administration 273 Patrol 3,308 Investigation 884 Code Enforcement Officers 331 Records 486 Communications Center 713 7 ' BUILDING ON OUR PUBLIC TRUST ^ Each year the police department participates in Vail's Neighbor- hood Picnic Series giving residents a chance to meet with police staff and other town employees in an informal setting. ~ Vail Police Chief Henninger led afour-day disaster drill in ' May that involved 40 federal, state, local agencies and the commu- nity to test local response systems and the integration of state and federal assistance. The exercise helped prioritize Town of Vail disaster responses and distinguished key critical needs for improve- ment to plans and procedures. t ^ The 2005 Town of Vail Community Survey measured the overall quality of police service at a rating of 3.9 on a scale of 1-4 (4 is highest). The police department's customer service survey measured an even higher satisfaction with police service. ^ Awareness of the department's Interstate 70 65 Max Education and Enforcement Campaign to reduce accidents, speed and highway noise is at a high level. In the 2005 citizen survey, 78 percent of respondents indicate familiarity with the program, while 44 percent said they had changed their driving habits. ^ Code Enforcement Officer Gonzales serves as a board member on the Freedom Park Memorial Committee whose supporters are planning to build a memorial for local troops who have died in combat and public safety workers who have died in the line of duty. ^ Adopt-A-Homeroom Program places officers in local class- rooms to help kids learn good decision making skills and how to cope with peer pressure. ^ Over a dozen officers paired up with 40 underprivileged children in our Shop-With-A-Cop Holiday Program with funds provided by the Vail Municipal Court. ^ Department personnel participate annually in a food drive, which this year netted 58,000 pounds to help feed the needy in ' Eagle County. ^ Vail Police Department and the Eagle County Sheriffs Office combined their Special Operations Groups to deal with critical incidents in the county that regular patrol officers are not able to respond to. The group trains once a month. "Increased community engagement is crucial to maintaining support for and trust in Vail Police services!" 1 PROVIDING SAFETY & SECURITY ^ Patrol spends between 30 and 40 hours per week on the Inter- state enforcing road safety rules, speed and noise limits. ^ Total number of hours spent in 2005 by Vail Police Officers on foot, bike and car conducting regular patrol was 4,962 hours. ^ Vail Police were busy during the Spring Back to Vail Concerts held in April. More arrests were made during the event than Fourth of July and New Year's Eve combined. Over 10,000 people attended the Snoop Dogg concert at Ford Park where over 22 arrests were made for assault, drunken driving, theft, drugs and vehicle theft. ~i The department is launching a Community Emergency Response Team (CERT) that will call upon citizen volunteers to help with events in which emergency service personnel may become over-stretched. Typical emergencies would range from avalanches to events where assistance is needed with security, crowd control or first aid. ^ March kicked off Spring Break Safety Week where booths were set up allowing skiers and boarders to register their equipment with the department. It also let residents and visitors find out how Vail Offi- cers on skis were helping to provide safety on the mountain along with Ski Patrol and the Yellow Jackets. ~ A technology plan that improves emergency and non-emergency radio coverage and interoperability, and a dispatch and records management system that increases policing efforts countywide. fi Anew campaign, Bar Safe, launched in fall 2005, partner the Vail Police and Town Prosecutor with restaurant and bar merchants to promote a safe bar experience. The campaign includes increased enforcement and prosecution of assaults and trespasses at liquor establishments that promotes a message of responsible behavior. ~ The department posts sexual offender registrant info on the Eagle County website whenever an offender is convicted of a felony crime. As of the December 2005, two registrants were posted on the county website at http://www.eaglecounty.us/sheriff/disclaimer.cfm. ~ Vail Administrative Commander Douglas serves on the Western Slope Joint Terrorism Task Force to ensure the department stays abreast of current threats and maintains a high level of awareness of potential terrorist activities. "...to ensure the department stays abreast of current threats and maintains a high level of awareness of potential terrorist activities." "-'~Y~MMHH'~'~v.cvm NYdI PoI ti..eY.. e.w......IKaOS Me 0»Y seMe tt CMrkpokl[ Cfwfl. Nbtln.Waf N q8. n n a a .... M.eraeMV nrytl.~e! rtl .Mr. eMm.a aNncM.s Mt11 MlnMlrle. 9 VAIL POLICE DEPARTMENT Then ~ No2v 68 YEARS AGO Colorado State Engineer Charlie Vail began the plans for building a new highway and mountain pass in the Rocky Mountains. Much of the road would be located on the sunny slopes of the mountain to keep the pass open year around. 40 YEARS AGO Vail officers were notified of calls for service by a tall lamp that was turned on by locals in the Village area. Back then, it was not unusual for a Vail officer to be the only cop on duty after midnight for the entire county. When a new radio communication system for the department was installed, police calls were taken by the Lodge at Vail from 5 p.m. to 8 a.m. and by ski patrol headquarters between 8 a.m. and 5 p.m. Vail's five officers received 196 reported crimes and 461 calls for service. In 2005, Vail's 16 patrol officers received 2,578 reported incidents and crimes, and handled 44,304 calls for service. 38 YEARS AGO Vail Police Chief Ted Holmes was held hostage by gunmen after an attempted holdup. Vail Police Vehicles were green Saabs. In later years, officers drove orange Saabs, and eventually black Saabs. Today, Vail Police ,vehicles are black Ford Explorers. 35 YEARS AGO There was an assault every 14 days, a larceny every day, a burglary every six days and an auto theft every 24 days. Vail Police Depart- ment staff consisted of the chief, one sergeant, five officers and four dispatchers. Average years of experience for an officer was two years and eight months. Today, there is an assault every 4 days, a larceny every day, a burglary every nine days and an auto theft every 28 days. Average years of experience with the Vail Police Department for a patrol officer is four years and nine months. 10 MOVING FORWARD... 30 YEARS AGO Vail Police officers took an incident report of a UFO sighting. Julie Cunningham, a 26-year old ski instructor was reported missing after failing to report to work at Vail Ski School. Many years later it was determined she was a victim of serial killer, Ted Bundy. Thefts from commercial establishments over the year accounted for $119,483 in goods reported stolen. In 2005, $432,951 were stolen i from commercial and non-commercial sites. 25 YEARS AGO The department was staffed with 23 officers and 15 support person- nel. Today, there are 28 officers and 14 support personnel. There are also 22 personnel running the countywide communications center 20 YEARS AGO The four-way stop required no less than three personnel, seven days a week throughout the winter season to direct traffic. Today, eight electronic variable messages signs are used to managed the flow of traffic through all four of Vail's roundabouts. 15 YEARS AGO Each Vail officer handled 72.2 incidents per year in 1990. This ~ compared to an Aspen officer who handled 55.4 incidents per year, and a Broomfield officer with 33.1 incidents year. Today, Vail officers handle 152 incidents per officer per year. Aspen officers handle 72 incidents per officer per year and a Broomfield officer handles 61 incidents per year. 10 YEARS AGO After Vail Pass was closed a record 34 times due to adverse weathei- and road conditions, the department took chain law enforcement into its own hands by increasing fines on truckers failing to obey traffic and chain laws. In 2005, State laws for chain law enforcement is conducted primar- ily by the Colorado State Patrol with fines ranging between $150- 500. Additionally, there is a comprehensive Interstate 70 manage- ment plan and annual meetings. 11 The Town of Vail Police Department utilizes the Panasonic ToughBook 29 mobile units. The notebook includes a 1.2 gigahertz Pentium M processor, 256 MB Ram, 40 gigabyte hard drive, GPS and touch screen. Due to the dura- bility, this is a very common notebook used by law enforcement agencies. In conjunction, the town uses Sprint air cards. Speeds up to 400 KBPS are achieved through the relatively new EVDO technology. This impressive throughput allows officers to interface with Computer Aided Dispatch and run full blown records management software from the car. t2 EMERGENCY PREPAREDNESS Led by Police Chief Dwight Henninger, the town elevated its emergenry response preparedness with the preparation of a National Incident Management System-Based Emergency Operation Plan - the first for the Town. In May, Chief Henninger and others organized afour-day training exercise involving a simulated building collapse, funded by a grant award from the Department of Homeland Security and the State of Colorado Division of Emergency Management. More than 600 responders from more than 40 local, state and federal agencies came to Vail to participate in the exercise. There were volunteer victims, firefighters, police officers, paramedics and other emergency responders who tended to the search and rescue component of the disaster, while many others worked behind the scenes to test the integration of local, state and federal incident management plans. A need for ongoing training in the management and coordi- nation of large incidents has been identified, which will result in a higher level of community preparedness in the case of a severe winter storm, wildland fire or some other incident. The result of the exercise was a 95-page After Action Report with over 60 items for follow-up improvements which have set a -- framework for additional preparedness T effort and training. Disaster Service ~ ~ 13 , KATRINA RESPONSE 9-1-1 Center Manager Paul Smith, Vail Police Sergeant Dirk Etheridge and Vail Police Dispatch Supervisor Michele Grey trav- eled to Baton Rouge, Louisiana in September 2005 to provide base camp assistance to first responders of the Katrina Disaster. Their duties included developing evacuation plans, managing decontamina- tion efforts, coordinating food and living provisions and providing security for 500-700 emergency service workers daily at Camp Colo- rado. Vail Police Officer Demarest was deployed to New Orleans as an Army National Guard Reservist, to help in search and rescue opera- tions. Another Officer, Jim Applegate, traveled to Mississippi on his own time to help rebuild homes. Shifts were 16-20 hours long, but the experiences were rewarding. ^, ~„~~ ~~~ ~' LEARNING FROM OLIR NEIGHBORS In February, two law enforcement representatives from Whistler, British Columbia came to Vail to participate in an information exchange program while Vail Code Enforcement Officer Kelly Weiskirch and Vail Police Officer Christian Mohr went to Whistler. The program allowed for these officers to see how each town addressed comparable community and law enforcement issues. Whistler is a lively mountain resort of nearly 9,500 residents. Similar to Vail, the sense of community is very strong and residents are passionate about protecting their natural environment. The also have a transient worker population and similar crime and disorder problems. A myriad of ideas were brought back, and even though all ideas cannot transfer to our situations, one idea can lead to another and workable solutions can be found. 14 I-70 EDUCATION & ENFORCEMENT CAMPAIGN , ~ In Apri12004, an education and enforcement effort on Interstate 70, known as the 65 Max Campaign, was intro- duced. The implementation, aimed at increasing road safety and reducing highway noise, has proven to be an amazing success. _-.. a nu wET ROAD ~ During 2005, officers committed 1159 hours of enforcement on I-70 resulting in 240 tickets issued with an average speed of 84 MPH. Additionally 756 warnings were issued. This compares to 109 citations and 775 warnings issued the previous year. There were no I-70 fatalities in 2005. ~ Continual enforcement efforts to reduce speed on the Interstate had been ratcheted up by citing drivers with average speeds closer to 84 MPH than 2004's average speed of 86.4 MPH. ~ A 26.9% reduction in accidents was noted over the first 33 weeks the campaign was launched, which was a huge success where accidents had been significantly increasing the past three years. Due to unusual winter weather condi- tions, including a 70% above average snowfall, accidents did increase 51.6% in 2005, compared to 2004. ii A compact disc produced and distributed by the Colorado Motor Carriers Association was released during the year as a collaborative effort between the trucking industry and the town. The CD provides tips on driving I-70 from Denver to Vail and alerts truckers to Vail's noise control efforts. The truckers are asked to be considerate about using their fake brakes so as not to disrupt the tranquility of the various communities along the route. Summary of I-70 Education and Enforcement Program During 2005 Hours of Patrol Time on I-70 1159 Number of Citations Issued for Speeding 240 Average Speed of Citations Issued 84 mph Number of Summonsed Arrests 63 Number of Custodial Arrests 29 Number of Warnings Issued 756 Accidents on I-70 118 t5 J HIGH PROFILE CASES While the national media dubbed them "dumb and dumber," the community came to understand that exemplary police work was the key in solving the March 21 armed bank robbery of the WestStar Bank facility in Vail Village. After tellers provided descriptions of the two suspects, police immediately identified Anthony Harold Prince and Luke Gabriel Carroll as the primary suspects due to an earlier arrest of the two in connection with a vandalism incident. Once the booking photos from the earlier arrest were circulated to law enforcement agencies across the state, police officers at Denver International Airport recognized the suspects and made the arrest as the two were attempting to leave the country. The men were sentenced on Sept. 23 in U.S. District Court. Prince, 20, received 54 months of federal prison time and Carroll, 19, was sentenced to 60 months. They were also ordered to pay the bank $21,657 in restitution. The two, both from Australia, were in the middle of their second winter season in Vail prior to the robbery. In March, Vail Police were asking for the community's assistance in identifying a man suspected of the sexual assault of a 29-year-old Denver woman in the Vail Village parking structure. The man was later identified as 28-year-old Jonathan "Weasel" Edward Schut of Eagle, who faces three counts of sexual assault, robbery, felony menacing, trespass and two counts of assault. Schut also has been charged in connec- tionwith ahome invasion, assault and attempted sexual assault at a home in Eagle, as ' well as a sexual assault case in Texas. The case is awaiting disposition. A cruel hoax escalated into a crime in May when Vail Police received a report of a ~~~ kidnapping at an East Vail residence by a female victim who witnessed her husband's C~ 1 kidnapping at gunpoint. The female victim herself was bound by duct tape. The husband, Michael Sean Moore, 35, was later arrested and charged with faking the incident, as well as aggravated robbery, false imprisonment of his wife, menacing with a deadly weapon, theft, false 1 reporting to authorities and domestic violence. Police later arrested Michael George Malovic, a 48-year-old Vail man, who was accused of being Moore's accomplice. Moore plead guilty. Emergency response crews on I-70 were kept busy during the year. In January, responders tended to a tanker truck roll-over accident on I-70 at mile marker 181.5 in which the tanker was carrying a full load of flammable material. The accident caused an 18-hour closure of the westbound lanes of I-70 as crews worked on the clean up. Fortunately, no one was seriously injured. The driver was cited for careless driving. 16 MORE HIGH PROFILE CASES OL~'ORi4D0 Miraculously, occupants of a single engine airplane that crashed and skidded up an embankment on Vail Pass in August survived the ordeal. The two occupants were rescued by Vail firefighters, where the pilot was treated for serious injuries. The low- flying plane was on its way to the Leadville Airport from Rock Springs, Wyoming. For the fourth consecutive year, a public safety campaign was successfully imple- mented during the 4th of July and New Year's Eve holidays. The campaign includes a townwide curfew for unsupervised juveniles and a special event district covering a four-block area in Vail Village which prohibits access to persons 21 and under unless accompanied by a parent or guardian. The safety campaign was initiated by the Town Council to create a safe and festive atmosphere during the two holidays. 9-1-1 Center Manager Paul Smith and Vail Police Chief Dwight Henninger assisted first responders of the Summit County wildland fire in September 2005. They pro- vided VHS and 800 MHz equipment for invaluable interoperability. Through the efforts of investigations, old warrants were revived and five out of Eagle County's 10 most wanted offenders were apprehended. From across the US and into other continents: Zachary John Bidoczka was arrested in Breckenridge, Lee Moon Kyo was arrested in Texas, Keith John Cameron arrested in Huntington Beach, CA., Kao Canoe Phillips-Hamilton arrested in Kauai, HI, and Bradley William Harris was located in Queensland, Australia. J .. _. _._ - - ~...1~..' 4 r ,~!'~~ -, ° s it -~ ~ - JJJ~7 E The Lodge at Vail reported the theft of an ATM machine from their premises in January 2005. The ATM was carried out of the hotel on a dolly and put on the back of a truck. The ATM was eventually located outside of Wolcott where it was discov- ered that a backhoe was used to break into the machine. Mitch Primmer was sentenced 12 yrs in the Dept of Corrections, and Thomas Moore is awaiting trial. A second bank robbery occurred in December 2005 when a man handed the teller a note with a message demanding money. Bank surveillance tapes helped the police and FBI direct their investigation. The robbery is the second for the bank in nine months. Investigation is currently continuing. The suspect is a white male in his 50s. 17 OUR COMMITMENT TO THE COMMUNITY Community Policing's belief is that the police must become partners with the people in the community, and collectively address local priorities related to crime, fear of crime, disorder and neighborhood troubles. Some examples of outstanding approaches to our Community Policing philosophy include: ^ A traffic enforcement and education program on the Interstate to address road safety issues and reduce noise violations. The program is led by the Vail Police Department in partnership with the Colorado State Patrol and the Colorado Motor Carriers Association. ^ A bigger partnership with the media resulting in an increase of commu- nity safety messages from the Chief and others in the department, such as emergency preparation reminders, safe driving and crime prevention. ^ A countywide underage drinking prevention program, which is a collabo- rative effort to impact substance abuse patterns and teenage depression among Eagle County youth. ^ An active partnership with Eagle County Health Services District which placed over 60 automatic external defibulators in public and private buildings, and provided CPR training to government employees, students and private citizens. li Community collaboration on a food drive that netted 58,000 pounds to feed hungry, less fortunate residents of Eagle County. ^ Free alcohol breath tests given to night-time Bridge Street visitors as a means to help them understand their level of intoxication. ^ A partnership between the Vail Police Volunteer Program and the Presi- dents Volunteer Service, sponsored by the USA Freedom Corps. ^ The development of solutions to construction-related issues during a $1 billion extensive makeover planned for the Village and Lionshead. ~ An Adopt-a-Homeroom Program to help kids learn good decision mak- ing skills and dealing with peer pressure. "Police must become partners with the people in the community so they can address local priorities." 18 MORE ON OLiR COMMITMENT ~ Vail Police Volunteers and Vail Resorts Yellow Jackets sponsored free ski and snowboard equipment registrations on weekends throughout the winter at the bottom of the Eagle Bahn Gondola and the Vista Bahn Express Lift. ^ In an effort to encourage good decision making by individuals who have been drinking alcohol, the Town of Vail began a free parking voucher program for cars enter- ing the parking structure after 3 p.m. and leaving before 9 a.m. the next morning. Officers give vouchers to intoxi- cated persons at their discretion. ^ Chief Henninger was elected to 2nd Vice President of the Colorado Association of Chiefs of Police (CACP) and will be the 1st Vice President of CACP next year. ^ The department drafted a plan to launch a Commu- nity Emergency Response Team (CERT) made up of citizens trained to help with events in which emergency service personnel may become over-stretched. After experiencing an increase in bear calls during the Summer 2005 com- pared to the previous year, the Vail Po- lice Department issued reminders about bears and the need to properly contain trash. Per town ordinance, trash containers are allowed to be placed curbside between 6 a.m. and 7 p.m. on the day of pickup. First-time violators are given a warning notice, while repeat offenders are subject to a municipal court Velcro, a Blue Heeler, joined the depart- ment as part of a new search and rescue- canine training program. Velcro's trainer, Code Enforcement Officer Rosely, trains her at rubble piles in Golden and Denver during regular Federal Emergency Man- agement drill exercises. Rosely is also the membership chairperson for the Associa- tion of Code Enforcement Officers of Colorado. ~_ Live scan technology, an inkless elec- :~-..,:_ ~`~.~ , ~ tronic system, was purchased with grant ~?~ == /'~'f ~ =~,` : funds and installed in October. The ~~~ ~ .' "'' ` technology allows department personnel to capture high quality prints on crimi- nals and civil applicants, such as real estate licensees, school teachers and others. The outcome has resulted in speedy returns on arrestees' criminal histories from the Colorado Bureau of Investigation and an increased ability to track offenders throughout the State. ^ The Vail Police Department backed a proposed state law that would require identification tags on every keg of beer sold in the state. The bill passed the House but failed in the Senate. Vail Police Commander Joe Russell received the Legislative Advocacy Award for his work from Mothers Against Drunk Driving, while Officer Justin Dill was recognized for his efforts at Driving Under the Influence enforcement. summons. Bears came into Vail earlier than normal be-' ~ Our website at www.vailgov.com/police continues to cause hot and dry weather killed off much of the succu- lent plants bears like to eat in the wild. Berries, another bear favorite, ripened later than normal. ~~~ .••. • offer new and updated information including answers to frequently asked questions, crime statistics, employment opportunities and more. 19 COMMUNITY SURVEY RESULTS Between February 1 and December 31, 2 005, surveys were randomly mailed to victims, offenders, witnesses, drivers and vehicle occupants. These survey results provide the department with a process to measure how the public perceives the department's delivery of service to the community. Of the 977 surveys sent out in 2005, 219 responses were returned, representing a 22% response rate. These positive 2005 survey results reveal that service is truly at the heart of what we do. 1. Was this your first direct contact with the Vail Police Department? 94% Yes 6% No 2. To what degree did the o~cer/employee receiving your initial inquiry try to help you? 4696 Tried very hard to help 3% Did not try to help 2496 Tried hard to help 3% Did not try at all to help 24% Did what he/she had to do 3. 12pproximately how long did it take an o~cer to arrive at the location of the incident? 6696 Less than six minutes (excellent for emergencies) 19% Between six to ten minutes (standard) 12% Over ten minutes (standard for non emergency calls) 3% Eternity 4. Did the employee explain what was going to happen with this incident? 8196 Yes 7% No 12% N/A 5. How friendly was the o~cer/employee? 5296 Extremely friendly 3% Didn't notice 2% Very unfriendly 3996 Friendly 4% Unfriendly 6. To what degree did this incident contribute to your sense of safety and security in the Town of Vail ? 3596 Very high influence 21% Neutral 3% Very low influence 3396 High influence 8% Low influence 7. How well did the employee meet your expectations in handling your situation in a responsive and sincere manner? 4496 Exceeded expectations 1996 Met expectations 4% Below expectation 3196 Above expectations 2% Slightly below expectations 8. How effective was the person handling your call? 3996 Exceptionally effective 2% 5096 Very effective 2% 9. Overall, rate your satisfaction with the service you ~ 5996 Extremely satisfied 4% 2996 Satisfied 2% Slightly- effective 2% Not effective pit all Not very effective eeeived. Neutral 6% Extremely dissatisfied Slightly dissatisfied 10. If not local, how will this experience contribute to your decision to return to Vail? 52% No effect 3% I will not return based on this experience 1096 I will return based solely on this experience 2% I will not return regardless of this experience. 33% I will return regardless of this experience ' 20 OFFICE OF THE CHIEF OF POLICE Chief Dwight Henninger leads the Vail Police Department consisting of 64 members: the Chief, two Commanders, six Sergeants, three Detectives, 16 Police Officers, one State Grant-Funded Task Force Officer, eight Code Enforcement Officers, one Records Manager, four Records Techni- cians, one Executive Assistant, one Communications Center Manager, four Communications Supervisors and 16 Dispatchers. The role of the Chief encompasses internal leadership and external repre- sentation. The Chief articulates a vision of where the department is going in a way that galvanizes the department towards that vision. The Chief is responsible for setting goals and objectives and seeing they are accom- plished. He also coordinates community relations, problem solving approaches, fiscal management, strategic planning, technological develop- ments and organizational initiatives. ADMINISTRATIVE DIVISION The Administrative Commander oversees the Records Section and is responsible for the following functions: Professional Standards, Accredita- tion, Drug and Alcohol Abuse Prevention, Demand Reduction, Grants, Planning and Research, Auditing, Hiring, Training, Recruiting, Reserve Program, Citizen's Police Academy, Community Emergency Response Team, Animal Control, Court Liaison, Budgeting, Building Maintenance and Administration. In November, Vail Detective Sergeant Susan Douglas was promoted to Administrative Commander. She had been holding down two positions three months prior to her promotion, and will continue to hold both these positions for a duration of eight months until a new detective sergeant starts. Commander Douglas has been with the department for 11 years. She served 3 1/2 years as an officer, a half year as a detective, 4 years as a patrol sergeant, and 3 1/2 years as a detective sergeant. 21 OPERATIONS DIVISION The Operations Commander is responsible for Patrol, Investigations, Code Enforcement, and the Construction Team. The division consists of Com- mander Steve Wright, four patrol sergeants, one detective sergeant, three detectives, one task force detective, 17 police officers and eight code en- forcement officers. They perform a variety of duties including calls for service, routine reports, arrests, criminal investigations, traffic accidents, traffic enforcement, proactive and preventative patrol and general commu- nity activities. As with all other divisions in the department, they are trained and empowered to make decisions and participate in activities that support the principles of community policing. Four of the S code enforcement officers who comprise the civilian branch serve on two day-shift teams and are supervised by a patrol sergeant. They are responsible for the education and enforcement of non-criminal mu- nicipal codes. They assist with Vail Pass closures in instances of inclement weather or bad traffic accidents. They perform many services that can be accomplished by non-sworn personnel including evidence processing. CONSTRUCTION TEAM Summer 2005 and next, Vail Police Department assumed a new responsi- bility: making sure colossal construction projects in the town don't grind things to a standstill. The effort involves stepping outside traditional police roles and focusing on vehicular and pedestrian traffic, loading and unloading trucks, signage and way-finding for tourists. The police have also been involved in reviewing projects from a safety and crime preven- tion standpoint. The on-the-ground effort is mainly handled by a sworn patrol sergeant and four code enforcement officers who identify problems early on and keep lines of communications open. Their efforts also represent a signifi- cant effort on behalf of the Town to send out a broad message that, despite construction, business is open as usual. The Construction Team is assigned to four zones which are patrolled seven days a week. 22 THE INVESTIGATIVE UNIT , Detectives are plain-clothed investigators who gather facts and collect evidence for criminal cases. Some are assigned to interagency tasks to combat specific types of crime. Some of their duties involve examining crime scenes, investigating establishments or persons to gather facts support- ing acomplainant or an accused, conducting interviews, testifying before courts and grand juries, and preparing assigned cases for court and responses to charges. Cases handled by detectives typically result from calls initially investigated by patrol officers. Depending upon the complexity or nature of the call, a detective may be called to a crime scene to assist patrol officers. In some instances, the detectives will work with the patrol officer rather than assume the case directly. The Investigations and Patrol Divisions work closely together, sharing information as it is learned and solving cases with great diligence. Detectives also serve as patrol officers when necessary for staffing. RECORDS SECTION The Administrative Commander oversees the Records Section which is comprised of one Records Manager, one Executive Assistant and four Records Technicians. Three Technicians work 30 hours per week, while one works 40 hours per week. The Executive Assistant performs administrative, budgetary and secretarial functions to maintain department operations. The Records Technicians perform criminal justice records management functions which include classifying crime reports for NIBRS (National Incident-Based Reporting System), coding statistical information into Colorado Crime Information Center (CCIC), and preparing statistical reports for the Colorado Bureau of Investigation and the Federal Bureau of Investigation. They research and retrieve information for individuals and criminal justice agencies and staff the front desk area of the police depart- ment seven days a week. They also provide livescan fingerprinting services, perform breathalyzers and take over-the-counter reports for minor accidents. 23 COMMUNICATIONS CENTER 911 ';,'~'~ ,. P~ - S,u~e,ir _ _ C --~ ~ - -_' ~' . rax~ . '•' ~(~ The Town of Vail's commitment to public t ' safety starts with its state-of--the-art consoli- 0 dated 911 Center, a countywide 800 mega- '1'' hertz radio system and new 911 phone equip- ment. The Vail Communications Center is located at the Vail Police Department and supports twenty-four hour a day operations for 12 public safety agencies including: law enforcement, emergency medical services and fire depart- ments across the county. Led by 9-1-1 Center Manager Paul Smith, 20 full-time communications professionals staff the Vail Communica- tions Center which handles on average 600 phone calls and dispatches over 400 responses a day. These professionals hold national and state certifications in Emergency Medical Dispatch and 9-1-1 call management. Operational cost for the Center is distributed to all 12 agencies with the Town of Vail's contribution approximately 38% of the operating budget. A portion of their budget is funded by the County 911 Board with fees from telephone bills. In the Fall 2005, Paul Smith secured a $1.7 million grant to fund Eagle County's radio infrastructure. He also obtained another $317,000 grant to purchase radios for fire departments in the County. Smith is currently the Vice President of the Western Colorado NENA Group, which is a police lobbying group for 9-1-1 Centers across the nation. The first Digital Trunk Radio site was installed in Beaver Creek. The infrastructure allows for extended coverage on the east side of the county and allows for statewide communications. 24 COMMUNICATION CENTER ACTIVITY ' calls. Police Agencies In 2005, the VPSCC experienced ; 2% increase in 911 calls over 2004. Wireless 911 calls comprise 60% o. the emergency call volume and phase 2 wireless calls, defined as phones having the ability to trans- mit the exact call location on the Center's mapping display or GIS system, make up roughly 4% of the wireless volume. 1 25 COMMUNICATION CENTER ACTIVITY The twelve agencies for which the Vail Public Safety Communications Center provides services includes: Avon Police Department, Eagle Police Department, Eagle County Sheriff's Office, Minturn Police Department, Vail Police Department, Eagle County Airport Fire (AARF), Eagle County Health & Human Services, Eagle River Fire Protection District, Greater Eagle Fire Protection District, Gypsum Fire District, Western Eagle County Ambulance District and Vail Fire Department. Avon Police Department (APD) Eagle Police Department (EPD) Eagle County Sheriffs Office (ECSO) Minturn Police Department (MPD) Vail Police Department (VPD) Priority Levels Level 0: High Priority, Police/Law/ Fire/EMS notified Level 1: EMS/Ambulance Incident Leve12: Fire Incident Leve13: Police, high Priority Leve14: Police, one unit required with possible backup unit. Leve15: Police, average incident Leve16: Police, low priority Leve17: Fire/EMS, low priority °"""" 21596 _- -_ ,~ -154 193 468 466 10 13 0 --... 1 2 3 4 5 6 7 8 9 Priority 26 Law Enforcement Call for Service THE SPIRIT OF vOLLINTEERISM In 2005, thirty-five volunteers performed 2,821 hours of non- enforcement functions, thus enabling department staff to engage in critical problem solving and community policing activities. The volunteer hours worked in 2005 add up to $48,493 in savings to the Town of Vail. Services provided in 2005 included: translation, computer input of victim and crime information from our previous records management system into our new system, operation of the police auction, recreational equipment registrations, court support and organization of the Annual Town of Vail Holiday Party. Special events support included assignments on New Year's Eve and July 4th, the Annual Peace Officers' Ski Race, Eagle County Emergency Services Tribute, Annual Make a Difference Day, the Rotary Rubber Duck Race, and the Fall Skateboard Event. Back row, left to right: Commander Russell, Chief Henninger Front row: Volunteer Selak, Records Technician Puntenney Selak receives Volunteer of the Year Award from the Colo- rado Association of Chiefs of Police in June 2005. Volunteers in Police Service (NIPS) organization. VII is managed by the International Association of Chiefs Police in partnership with and on behalf of the White House Office of the USA Freedom Corps and the U.S. Department of Justice. (Right to left) Chief Dwight Henninger, Vail Code Enforcement Officer Moses Gonzales and Vail Police Volunteer Coordinator Gilda Kaplan attend a Colorado Cares Volunteer Service Awazd cere- mony hosted by Colorado governor and lieutenant governor. Gonzales was one of 11 recipients to receive the award. (Left to right: Colorado Governor Bill Owens and Vail Code Enforcement Officer Moses Gonzales) Gonzales receives a Colorado Cares Volunteer Service Awazd in August 2005. 27 1 1 1 1 1 1 ~~ ii 1L~~ ~1~J IN ~~~~~~1~ ll ~1~. ll ~~1`~l~ ~1~1~ ~11~ ~ IlC'~H ~~~~~ The Vail Police Department acquired a countywide, multi-agency computer aided dispatch and records manage- ment system in June 2004. The new system enhances our ability to collect, retrieve and analyze real-time data. Calls for service decreased between 2004 and 2005 due to a change in the way calls were captured and counted in this new system. And Incident Numbers dropped from the previous year due to alarm calls no longer requiring an Incident Report Number. 53,845 ~ 52,527 ~ 52,923 ~ 62,433 ~ 44,304 3,886 3,586 3,344 3,354 2,578 650 638 588 559 648 Incident report numbers are assigned to calls for service when an o~cer generates paperwork, does follow-up investigation on a case or when certain types of calls require an incident report number by department policy. See pages 30-32 for more discussion on crimes. 2~ ACCIDEI~TTS ]EBEP®RTED 2001 - 2005 ~. ,~,, " ; u~~ q~- ~ , { :: e ~ ~~ f { f' +i ~ ~~t ~ ~ F w ~" 'd`am-T. " L. ~ S~ . ~.~ ~{' 'tip ~~~'?~ ~^~}1- - "~~ .Y -'. ~~ ~'~ `ti e .. 1~a '' fie„ ~'~~~ °' '' µ 'rte '~y r' ~ "~ ., . ~-.. may,. r . Total Accidents 650 638 588 559 648 Accidents involving alcohol and/or drugs 15 22 19 13 23 of Total Accidents Involving Alcohol and/or Drugs 2.3 3.5 3.2 2.4 3.5 The area where the most frequent motor vehicle accidents occurred in 2005 were on Interstate 70 westbound, Interstate 70 east- . bound, the Vail Village Parking Structure and 2107-2271 N Frontage Road. The most common violation was Speeding IS-19 MPH Over the Limit for which ].46 tickets weie issued, followed by Speeding 20-24 MPH Over the Limit for which 82 tickets ~~ were issued. There were 6,065 parking tickets issued. 2005 VAIL POLICE CALLS FOR SERVICE ~Y PRIORITY Priority 7 Priority s Priority 5 Priority 4 Priority 3 Priority 2 Priority 1 Priority 0 6 II j; 10173 5405 82 128 37 14 0 5000 10000 15000 20000 25000 30000 Different priority levels are set for each call for service that will best determine the needed response from a police officer. The levels determine whether an officer should respond with lights and sirens immediately or the call can be held for an extended period of time. An example would be a Priority 1 requiring lights, sirens and immediate response, whereas a Priority 3 requires a normal response without having to run at a high rate of speed. 29 t 1 1 t t i 1 t i t t The 10 top calls for service in 2005 included tra~c controUstops/complaints, 'I follow-up investigations, patrol and citizen assists, parking problems, prisoner processing, alarms, motor vehicle accidents, suspicious oc- currences, thefts and bar checks. Other top calls for service included noise violations, municipal ordinance violations, animal complaints, civil standbys, bear calls and disturbances. 2005 Calls for Service in Vail by Day of Week The department's highest call volume occurs on Fridays and Saturdays, and from 7:00 am (0700 hrs) to 4:00 pm (1600 hrs). In 2005 calls for service handled by Vail ~ Police Officers and Code Enforcement Officers were either self-initiated or dispatched. Of the 44,304 calls for service in Vail, 66% were self-initiated, 30% were received by phone and 4% were received as a 911 call. 2005 Calls for Service in Vail by Hour of Day o:oo zoo a:oo s:oo eao io:ao 1200 ia:ao isoo ia:oo zo:oo zzoo 30 9J MO TU WE TH FR 5a 2005 Incidents in Vail by 1Vlonth Incident report numbers are assigned to calls for service when an officer generates paperwork, does follow-up investigation on a case or when certain types of calls require an incident report number by department policy. January and February were the busiest months in 2005. Fridays and Saturdays were the busiest days for taking incident reports. 2005 Incidents in Vail by Day of Week In 2005, the. top 10 incidents assigned case ', .numbers included: motor vehicle accidents, thefts, vandalism, drug violations, fraud, trespassing, simple and aggravated assaults, .protective custody, public order crimes and drunk driving offenses. 31 Jai F~ Mar Apr May Jun JJ Aug ~p Cwt Nw Dec 31 MO TU NE TH FR 5a ~~ ~~. ~c~~v~~~ Sexual ®£~enses: In 2005, eight cases of sexual assaults were reported, which was a marked decrease from the 18 cases of sexual assaults reported the previous year. Of the eight cases, three resulted in arrests. Of those cases, six of the offenders were strangers to the victim, one was an acquaintance and one was an ex-boyfriend. The eighth case was unfounded. Of the seven actual crimes, three cases occurred at a bar, one case occurred in the Vail Parking Structure, one occurred at a specialty store, one occurred at the victim's residence and one occurred at the offender's residence. Of the two cases that were closed without an arrest, one of the victims stated she was sexually assaulted in the women's restroom of a bar. She later refused to cooperate and did not want to pursue any further action. The second victim said her ex-boyfriend sexually and verbally assaulted her at her residence, but she was incapable of providing r~ further information. ]Kidnapping: A 35- ear old, white male was re orted kidna ed b his wife after two men had broke into their East Vail home, Y P PP Y bound her with duct tape and forced him to leave with them. After the wife reported the kidnapping, she was taken to a safe house. Investigation revealed the male concocted his own kidnapping. He was subsequently charged with aggravated robbery, false imprisonment, menacing with a deadly weapon, theft, false reporting to authorities and domestic violence. The wife subsequently filed for divorce. A second kidnapping case involved a baby sitter who failed to turn over afive-month old baby to its mother at a West Vail location. Vail police put out an Amber Alert, located the babysitter and subsequently worked with Arvada Po- lice Department to pick up the baby. ]E~®bbery: Two bank robberies in 2005 sparked national attention. The investi ation of an armed bank robbe in March g rY resulted in the arrest of two Australian men, called "Dumb and Dumber" by Australian Press, and recovery of stolen cash. Both were sentenced to federal prison and ordered to pay restitution. A second bank robbery occurring in December is still under investigation. ]Burglary: ~ In 2005, there were 40 cases of burglary reported, compared to 50 cases reported in 2004. Of those 40 cases, 16 were burglaries •of commercial locations, including five at hotels, three at construction sites and eight at restaurants and liquor stores. A further breakdown shows that four of the commercial burglaries were forced entries and 12 were non-forced entries. Of the 18 cases which occurred at a residence, two were forced entries and 16 were non-forced entries. 32 The department offers vacation security checks, where a patrol officer will check residential and commercial proper- ties in an owner's absence. Fraud: In 2005, there were 132 cases of fraud reported, while 110 cases were reported in 2004. This represents nearly a 17% increase. It is important to note, 63 of 2005 fraud cases were Deceptive Use of Ski Facilities where offenders sneak onto lifts with someone else's mountain ski pass. If the pass is stolen, theft charges are also filed. These offenses typically increase when spring approaches and spring breakers roll into town and seasonal workers who already had their passes taken away, try to get on the mountain with other people's passes. Assault: There were 82 assaults reported in 2005, close in number to the 79 cases reported in 2004. Total number of assaults includes both aggravated and simple assaults. Aggravated assaults are those involving a weapon or inflicting severe or aggravated bodily injury. In 2005, there were 35 cases of domestic violence. Of those 35 cases, six were verbal only. In 2004, there were 30 cases of domestic violence. To promote a message aimed at providing a safe experience for those enjoying the town, the department stepped up enforcement of assaults and trespasses at liquor establishments in fall of 2005 through a campaign called Bar Safe. The effort partners the police, the town prosecutor and bar merchants. Theft/Larceny: The number of larcenies and thefts reported in 2005 are not far off from the number of larcenies and thefts reported in 2004. There were 404 reported in 2005 and 397 reported the previous year. Of the 404 larcenies reported last year, 61 involved theft of skis and snowboards. That is nearly double of ski and snowboard thefts reported in 2004. This is most likely due to an increase in skiers and. snowboarders visiting Vail Mountain, lured by more snowfall than Vail has seen in the last 15 years. The current winter season ranks fourth in snowfall in the history of the resort. Motor Vehicle Theft: Thirteen vehicle thefts were reported in 2005, compared to 10 reported in 2004. All 13 vehicles were recovered in 2005, and all 10 vehicles were recovered in 2004. Three of the incidents reported in 2005 were determined to be unfounded. Arson: In 2005, two cases of Arson were reported, while in 2004, only one case was reported. One of the 2005 cases involved an unknown male suspect setting a bus stop in West Vail on fire. The second case involved a fire that was set inside an apartment located on Lionsridge Loop. No suspects were apprehended. 33 1 ~~~3 ~I~~~IE~SgO~T.~~. STt1I~TDARDS REVIEVi' P" ~ 4,.,~ L..J ~, ~~ Ir', ~~_ r~ C r~ t .~ ~„ II~~~ There were 14 professional standard cases assigned in 2005, more commonly known as internal affairs investigations, regarding department personnel. The following topics were investigated or reviewed. Additionally, the department investigated all use of force incidents and motor vehicle accidents involving employees. Professional Total # Internally Externally Disposition Standards Incidents Generated Generated Category False 1 1 Sustained, violation of Statements department values Improper 1 1 Unfounded Behavior Misconduct 2 2 Exonerated Failure to 1 1 Sustained, resigned Follow Orders Harassment/ 1 1 Exonerated Improper Arrest Rudeness 3 3 1 Exonerated 2 Verbal Counseling Total 9 2 7 4 Exonerated 1 Unfounded 2 Verbal Counseling 2 Sustained Traffic 5 5 3 Verbal Counseling Accidents 2 Written Reprimand Use of Force 14 14 Within Policy Reports * 3 Were from wildlife being put down flt the conclusion of any major or minor Professional Standards investigation other than motor vehicle accidents, the disposi- tion is represented in one of the following findings: Sustained.• the allegation is substantiated; misconduct did occur. Not Sustained.• the allegation is not substantiated, as there is insuff cient evidence to prove or disprove the claim. Un ounded.• the allegation is false or not factual; no misconduct; the incident did not occur or did not involve the employee named. Exonerated.• the incident occurred, but the employee involved acted lawfully and properly. Organizational Issue: the incident occurred, but not through any fault of the employee; rather, because of an organizational, procedural or training deficiency. 34 ro-t~v~rawwo ~ ~ ~t~-tic yoii. f,~o-vw azL o f w~ at- t~'LPi va.%L ~o~%c~ ~ep~-v~~- f ar yo-ur ~c~,ppa~t- .- Mark Allen Julie Anderson Jim Applegate Brad Baldwin Ashley Bell Craig Bettis Steve Blair Chris Botkins Stephanie Braga Bill Bresnahan Rafael Caballero Christine Casey Bill Clausen Becky Comroe Shannon Cordingly Kris Cureau Lee Demarest Jessica Deery Donyelle Dewey Justin Dill Beth Dobransky Amy Domlce Annette Dopplick Susan Douglas Charlie Erickson Dirk Etheridge Robyn Fetterolf Sam Graves David Guiterman Chad Gummere Moses Gonzales Michelle Grey Audrey Gulick Dwight Henninger Kathie Hughes Chas Humprhey Susie Huxford Rusty Jacobs Gilda Kaplan Jennifer Kirkland Joanna Kluender Kevin Luse Fran Micka George Mascarenas Christian Mohr Kurt Mulson Ryan Millbern Jenifer Mitchell Shanlynn Myers-Prater Matt Neihart Maryanne Odell Jackie Ogden Robert Petrowsky Caroline Puntenney Jennifer Rosely Gary Rollins Mabel Selak Paul Smith Dan Torgerson Kelly Weiskirch Marc Wentworth Craig Westering Linda Wolz Steve Wright Mark Zaloudek W e~ vvw%~"Pi yaw ta- he,~p u~~ ce~rratPi agar 40tyv~1 vw~,wer~c~ry Ope~w}fo~i v-vv Se~pte~~'~ 9tw, 200h lo:oo a . ~ -2:0o p. Lo~o~ f~ U~,fw-rvru~.t%o-w pa~tec~'i o-vv aiur we~r~;tPi~at www.v~.c~'p~~%cPiar Gal.L970-479-2210. 35