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Home My WebLink About2007-01-02 Support Documentation Town Council Evening Session TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JANUARY 2, 2007 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. ITEMROPIC: Consent Agenda. (5 min.) a. Approval of 12.05.06 and 12.21.06 Minutes. 3. ITEM/TOPIC: Town Manager's Report. (10 min.) • LionsHead Parking Structure Financial Critique of Proposals. 4. Leslie Fordham ITEM/TOPIC: Windmill Event. (15 min.) ACTION REQUESTED OF COUNCIL: Vote to approve the AIPP expenditure. BACKGROUND RATIONALE: Art in Public Places is requesting that the town council approve the expenditure of $94,500 for an event that will promote cultural tourism and bring greater awareness of the visual arts in Vail. Environmental artist, Patrick Marold will install two thousand seven hundred miniature light generating windmills on the Vail Golf Course for one month, beginning March 16, 2007. Each windmill is attached to an eight foot high post and will respond to the wind's behavior. The artist envisions that the glowing lights, placed in a field of snow, will create sense of mystery and wonder. Besides providing a unique visual experience the artist wants to bring attention to renewable energy sources and the power of nature. The twinkling lights will be visible from the Frontage Road and 170. AIPP will encourage people to walk though the windmill field and will work with the Vail Golf Course to provide nighttime sleigh rides to the site. The project has the support of the Vail Recreation District. Permission has been granted to install three thousand windmills on the golf course. The Vail Symposium has offered to lend support organizing an artist speaker evening and publicizing the event. Board Recommendations: AIPP believes that Vail has the potential to broaden and promote cultural programs. This event is a first step in taking the visual arts art in Vail to a higher level and building a reputation as a first class resort, providing both recreation and arts activities. Impact studies in Colorado have shown that arts events can be powerful economic engines that help sustain and drive the economy. The Art in Public Places board recommends that the town council votes to approve the expenditure. 5. George Ruther ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 6, 7 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072). (45 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's denial of the variance applications pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On November 13, 2006, the Planning and Environmental Commission held a public hearing to consider three (3) requests for variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for three (3) residential additions to the Tyrolean Condominiums, located at 400 East Meadow Drive. Upon review of the variance applications, the Commission voted 3-1-1 (Dewitt opposed)(Pierce recused) STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council overturns the decision of the Planning and Environmental Commission denying a request for variances from Section 12-6H-6, Setbacks and Section 12-6H-9, Site Coverage, Vail Town Code. A copy of the staff memorandum to the Planning and Environmental Commission, dated November 13, 2006, has been attached for reference. 6. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077). (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the conditional use permit application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On November 27, 2006 the Planning and Environmental Commission approved, with conditions, a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A. The Vail Town Council "called-up" this Planning and Environmental Commission's action due to concerns about a condition of approval prohibiting parking along Westhaven Drive or the South Frontage Road. Please refer to the staff memorandum dated November 27, 2006 for additional information. 7. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 31, Series of 2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of the Real Estate Transfer Tax Fund, and Setting Forth Details in Regard Thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No. 31, Series of 2006. BACKGROUND RATIONALE: In an effort to be the premier mountain resort community, the Town has committed to provide its citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner." To achieve the goals stated above and for the environmental sustainability of the Town of Vail and the Vail Valley, the Council has determined that certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vail Real Estate Transfer Tax Fund to include expenditures related to environmentally sustainable practices. STAFF RECOMMENDATION: Approve second reading of Ordinance No. 31, Series of 2006. 8. Lorelei Donaldson ITEMlTOPIC: Resolution No. 1, Series of 2007, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2007. BACKGROUND RATIONALE: Pursuant to Section 24-6- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. RECOMMENDATION: Approve Resolution No. 1, Series of 2007. 9. Leslie Fordham ITEM/TOPIC: Resolution Number 2, Series 2007. A resolution adopting art in public places temporary art program; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny first reading of Resolution No. 2, Series of 2007. BACKGROUND: A Temporary Art Program will allow artists and galleries to place artwork on Town owned property for a one year lease and a fee of $1,000. The Council has determined that artwork enriches the community by providing an outdoor art exhibition and creates an opportunity to showcase the sculpture of local galleries that choose to participate in the program STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 2, Series of 2007. 10. ITEM/TOPIC: Adjournment. (8:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JANUARY 16, 2007 IN THE 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. f F Vail Town Council Evening Meeting Minutes Tuesday, December 5, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda, Approval of 11.07.06 and 11.21.06 Minutes. Moffet moved to approve the consent agenda with Foley seconding. Gordon asked that the reported per square foot cost of the East West Partners LionsHead redevelopment proposal of $1,400 be added to Item No. 1 of the Nov. 21 minutes. He noted that the Hillwood Partners' projected per square foot sales cost had been mentioned. The motion passed unanimously, 6-0. The third item on the agenda was the Town Manager's Report. Zemler reported the Urban Land Institute would be holding a panel seminar at the Cascade Resort during the upcoming week. He also stated Senator Salazar would be hosting panels in the near future related to beetle kill, bio-mass and other related topics. • Revenue Update Finance Director Judy Camp reported sales tax collections for year-to-date through October were expected to be $14.2 million, an increase of $1.0 million, or 7.8% over the same period last year. Expected revenue for the month of October was $599,605, an increase of $33,432 or 5.9% over last year. The year-over-year increase in the consumer price index for October is 1.3%. Construction permit revenue of $2.0 million year-to-date through Nov. 29 is up 38% from last year. This year's revenue includes over $1.2 million (61 % of the total) from 11 large redevelopment projects - Arrabelle, Forest Place, Front Door (The Lodge at Vail), Gore Creek Place, Lodge Tower, Manor Vail, Mountain View, One Willow Bridge Road, Sonnenalp, Vail Plaza Hotel, and Westhaven Condos. Major redevelopment projects accounted for just over $900,000 (also 61 % of total) at this time last year. Construction permit fees include building, electrical, 1 ti V mechanical, plumbing and sprinkler permits. Real Estate Transfer Tax (Rt i i ) collections of $5.4 million through Nov. 29 are down $520,947 or 9% from last year. Two large sales in November brought the revenue from the "Sales over $10 million" category to $1.2 million compared with $1.1 million for that category last year. Therefore, the entire variance is due to smaller projects. • Emergency Incident Training Police Chief Dwight Henninger reported on Nov. 29, 17 Town of Vail employees participated in a regional emergency preparedness exercise. The training involved a simulated hostage-taking incident with response by members of the Northwest Type 3 Incident Management Team representing emergency responders from Eagle, Summit, Garfield, Mesa, Pitkin, Moffat, Grand and Routt Counties. There were 104 participants with expertise in the areas of law enforcement, tactical operations, hazardous materials response, fire suppression, public health, emergency medical, and communications. The incident scenario involved a suspect with a volatile liquid who took a hostage on an eastbound bus. Henninger, who served as the incident commander during the training, said the exercise continues to prepare Town of Vail employees to deal with critical incidents that may occur in its jurisdiction. The fourth item on the agenda was a LionsHead Parking Structure Request For Proposals (RFP) discussion. Due to a predetermined conflict of interest (East West Partners Affiliation), Slifer recused himself from the item and left the Council Chambers. As Hitt was absent from the meeting, the most tenured Council Member, Greg Moffet, served as the Acting Mayor. The purpose of the evening meeting with the Vail Town Council was to: 1. Provide direction to perform a financial analysis on the two development proposals. To ensure a work product is produced that meets Council's expectations, staff prepared an RFP with a brief scope of service. Staff requested authorization to engage Rocky Mountain Valuation to perform a second appraisal on the LionsHead Parking Structure. 2. Review proposed next steps in the process. On Nov. 21 the Vail Town Council received public input on the LionsHead Parking Structure proposals. At that meeting Council directed staff to obtain an additional appraisal and find a highly qualified financial consultant/analyst to review the proposals. Logan said he felt comfortable with the RFP regarding the financial analysis. Gordon moved to authorize up to $9,000 for the appraisal and to issue the financial analysis RFP with Logan seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was the Seibert Circle Private Fund Raising Results. Project Manager Todd Oppenheimer asked Council to listen to an update regarding the Seibert Circle private fund raising results. On Oct 17, Council approved the design of water and fire feature prepared by WET Design as the final design for Seibert Circle and approved a project budget of $675,000 contingent on the private sector raising $125,000 toward the cost of the improvements by the Dec. 5 meeting. Local residents Ron Riley and Alan Kosloff took the lead in the fund-raising. Riley, a Vail Village property owner, indicated that white he and Kosloff were close to meeting the goal, they needed a little more time to complete the task. Riley then asked Council to move forward with design and construction contracts and to assume the risk in the unlikely event the fund-raising 2 would fall short of its goal. Foley clarified ambitious fundraising efforts were not made in expectation of cost overruns. Gordon made clear that the project was expected to be completed by July 1, 2007.Moffet and Foley thanked Riley and Kosloff for their efforts. Moffet moved to direct staff to proceed with design and construction contracts in preparation of construction of the Seibert Circle improvements beginning in late April or early May 2007 with Gordon seconding. Council agreed to the understanding that the town would "backstop" any shortfalls in donations so as to allow the town to begin accepting the private contributions. Riley concluded his comments by saying, `There will be a big party at Los Amigos when that fountain gets turned on." Moffet clarified all private funding would be completed before construction actually began. Camp made clear that donations could not be refunded. Reilly continually assured Council that all pledged donations would be collectable. The motion passed 5-1, with Newbury opposed. Newbury stated she had been opposed to the project since its inception. The sixth item on the agenda was the first reading of Ordinance No. 29, Series of 2006, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Gordon clarified the town maintained adequate health insurance reserves. Moffet moved to approve the ordinance with Gordon seconding. Foley said the town would evaluate its construction fees and continue to pursue the most appropriate use for the Conference Center funds, which will most likely be placed before voters in November 2007. Zemler said he would report back in two weeks with recommendations on a public process to develop a ballot issue for the conference center fund reallocation. The motion passed unanimously, 6-0. The seventh item on the agenda was the First Reading of Ordinance No. 33, Series of 2006, an ordinance amending Title 12, Zoning Regulations, Chapter 6, Residential Districts, Article E, Residential Cluster (RC) District, Vail Town Code, to add "professional office" and "business office" as conditional uses to the District, and amending Title 12, Zoning Regulations, Chapter 16, Conditional Use Permit, Vail Town Code to add use specific criteria and standards for business offices and professional offices. Chief Planner George Ruther stated that on November 13, 2006, the PEC voted 5-0-0 to forward a recommendation of approval of the proposed text amendment to the Zoning Regulations to add "business office" and "professional office" as conditional uses to the RC District. Moffet said this ordinance allowed businesses to apply for a conditional use permit (14 criteria must be met) for office space in an RC. Ruther said," This is a very unusual property compared to other properties identified as RCs...This office use will always be ancillary to residential purposes." Moffet moved to approve the ordinance with Logan seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the second reading of the 2007 Budget Ordinance No. 28, Series 2006. Moffet moved to approve the budget ordinance with Logan seconding. Gordon clarified the Commission on Special Events (CSE) budget was $750,000 and included staffing. Gordon then proposed an amendment to the motion to exclude staffing from the aforementioned $750,000 and add additional dollars for staffing elsewhere in the budget. Camp clarified the amendment would increase the General Fund budget by $48,000. Vail Valley Chamber & Tourism Board President and Chief Executive Officer Michael Robinson thanked Council for their generous contributions to the business community. Logan clarified the RETT Fund included resources for 3 4 improvements to the golf course club house and course. Moffet then made an amended motion to exclude $483,000 for golf course and club house improvements from the RETT budget and to handle these improvements through a 2007 supplemental appropriation if deemed necessary. Logan subsequently amended his second. Foley and Gordon attempted to secure a funding appropriation for the Vail Guide (a publication produced by the Vail Chamber and Business Association), but were unable to receive support from others. The budget motion passed 5-1, with Foley opposed. The ninth item on the agenda was the Discussion of the second reading of Ordinance No. 30, Series of 2006, an ordinance establishing SDD No. 40, The Willows, pursuant to Article A, SDD, Chapter 9, Title 12, Zoning Title, Town Code of Vaii. Chief Planner George Rather reported that on November 13, 2006, the PEC held a public hearing on a request to establish SDD No. 40, The Willows. The purpose of the new SDD is to facilitate the redevelopment of The Willows Condominiums, located at 74 Willow Road. Upon review of the request, the PEC voted 4-1-0 (Pierce opposed) to forward a recommendation of approval of the request to establish SDD No. 40, The Willows, to Council. On November 21, 2006, Council voted 7-0-0 to approve Ordinance No. 30, Series of 2006, on first reading. Rather explained the project's streetscape improvements will meet with those being provided by the Front Door project. Representing the Vail Village Homeowners Association, Jim Lamont questioned the streetscape and road realignment proposals. He continued, `you have not really dealt with the safety issues of pedestrian and bicycle safety on Vail Road." Project developer Steve Brostek said their streetscape improvement cost estimates had been reviewed by the Public Works Department. Moffet moved to adopt ordinance No.30 as read with the requirement the sidewalk remain where it was originally proposed, consistent with findings in the memorandum to the PEC dated November 13, 2006. Logan seconded the motion. Town Engineer Tom Kassmel said he would like to see improved pedestrian access on Willow Road as it had less vehicular traffic. Newbury expressed concern Vail Road was not safe for pedestrians. "Putting pretty streetscape on Willow Road will make Willow Road very pretty, but it will not make people walk there." Willows Manager Tim Hargreaves said he believed the proposed redevelopment would help reduce pedestrian passage on Vail Road. The motion passed unanimously, 6-0. The tenth item on the agenda was the Second reading of Ordinance No. 31, Series of 2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of the RETT Fund. in an effort to be the premier mountain resort community, the town has committed to provide its citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner." To achieve the goals stated above and for the environmental sustainability of the Town of Vail and the Vail Valley, Council has determined that certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vaif RETT Fund to include expenditures related to environmentally sustainable practices. According to the Town Charter, this ordinance will need to be tabled for second reading until December 19, 2006 due to a Vail Daily publication error. Town Attorney Matt Mire asked Council to examine the statement of intent included in the ordinance. Moffet moved to table the ordinance with Newbury seconding. Foley asked far a report of the expenditures made from the RETT Fund in 2006. The motion passed unanimously, 6-0. --Second Reading of Milt Levy Certification, Ordinance No. 32, Series 2006 4 Halloran stated the town's mill levy assessments must be certified to the county for collection annually; this ordinance authorizes certification. The numbers have been adjusted for the Eagle County Assessor's report. The town will collect approximately $2.8 million in property tax in 2007. Moffet moved to adopt the ordinance with Foley seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was Resolution No. 23, Series 2006, A Resolution Approving a Budget and Operating Plan of the Vail Marketing District (VLMD), for the Fiscal Year January 1, 2007 Through December 31, 2007. Camp reported that Council had received the operating plan and budget of the Vail Local Marketing District for the 2007 fiscal year on or before December 5, 2006, and has provided required notice at set forth in C.R.S. § 29-1-106. The statute C.R.S. § 29-25-110 requires Council to approve the operating plan of the VLMD for the 2007 fiscal year by December 5, 2006. Moffet moved to approve with Gordon seconding. The motion passed unanimously, 6-0. The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 8:00 p.m. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. S 1 Vail Town Council Special Meeting Minutes Tuesday, December 12, 2006 12:00 Noon, Vail Town Council Chambers The Special Meeting of the Vail Town Council was called to order at approximately 12:00 Noon Mayor Rod Slifer. Members present: Kent Logan Kim Newbury Mark Gordon Kevin Foley Greg Moffet Rod Slifer Members not present: Farrow Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was the welcome. Slifer welcomed Vail Resorts executives; Vail Resorts Chief Executive Officer Rob Katz, Senior Vice President of Development of Vail Resorts Jack Huhn, Vail Mountain Chief Operating Officer Bill Jenson and President of Vail Resorts Development Company Keith Fernandez. The second item on the agenda Overview VRI objectives in Vail. Katz emphasized the same objectives of the Resort Company were very similar to the town's. He outlined synergies by explaining that the Front Door project was important to the Company in terms of real estate revenue and to the town because it will enhance the guest experience "Vail Resorts has an emotional connection to Vail." The third item on the agenda was Executive Session, pursuant to: i) C.R.S. § 24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer or sale of property interests; conference with attorney to receive legal advice on specific legal questions; and to determine positions, develop a strategy or instruct negotiators regarding the disposition of real property. All matters relating to Timber Ridge Employee Housing; the redevelopment of West LionsHead; and the LionsHead parking structure redevelopment and RFP process. Due to a predetermined conflict of interest (East West Partners affiliation) Slifer recused himself from the item and left the Council Chambers. Newbury then moved to enter Executive Session with Gordon Seconding. The motion passed unanimously, 5-0. The fourth item on the agenda was an Open Session: Summary Comments/Follow-up and Adjournment. Moffet encouraged the Resort Company to improve is corporate public image strategy. Katz said we was encouraged by the afternoon's dialogue. Logan emphasized Council's highest priority was affordable housing. Katz concluded the discussion by stating, "Our Company will be and has to be a leader." Moffet moved to adjourn the meeting with Newbury seconding. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, December 19, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Hitt, Mayor Pro-Tem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Foley announced Hitt had been released from the Vail Valley Medical Center earlier in the day. The first item on the agenda was Citizen Participation. Eagle resident Dave Prater expressed concern over staffing levels at the Town of Vail (Eagle County) communications/dispatch center. He encouraged Council to listen to staff recommendations regarding future staffing decisions. Representing the Vail Valley Exchange, Scott O'Connell announced Lucy Sackbauer would be the Vail representative in Mt. Mansfield Shire, Australia during the upcoming summer. Daniel Purcell is the current Australian Ambassador visiting/working in Vail. The ski school race exchange program continues as eight Australian racers will be training in Vail in January. O'Connell then recognized Sybilt Navas and Rick Sackbauer far their efforts while serving on the Vail Valley Exchange Board. Jared Ligouri of Rocky Mountain Reindeer introduced his business to the Town Council and stated his interest in working with the town's carriage vendor to showcase the reindeer in and around Vail. The second item on the agenda was appointments to the Commission on Special Events (CSE) and Vail Local Marketing District Advisory Council (VLMDAC) boards Three vacancies existed on the CSE. Applicants must be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. Members of the CSE serve at the will of the Town Council. The CSE supports Council goals and objectives and makes decisions in 1 alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. The town received five applications for the vacancy. Council interviewed each applicant at the work session and then appointed three applicants to the CSE during the evening meeting. The applicants were as follows: Mark Cervantes, Dave Chapin, Meggen Kirkham, Richard tenBraak and Heather Trub. Logan moved to appoint Chapin, Kirkham, and Trub with Moffet seconding. The motion passed unanimously, 6-0. Four vacancies existed on the VLMDAC. The mission of the VLMDAC is to strengthen "the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. The town received five (5) applications for the vacancies. Council interviewed each applicant at the work session and then appointed three applicants to the VLMDAC during the evening meeting. The applicants were as follows: Ian Authur, Stephen Connolly, Bob Llewellyn, Beth Slifer and Pam Stenmark. Logan moved to appoint Arthur and Llewellyn with Moffet seconding. The motion passed unanimously, 6-0. A second secret ballot ended in a tie between Connolly and Stenmark. Moffet then moved to appoint Stenmark with Newbury seconding. The motion passed 5-1, with Foley opposed. The third item on the agenda was the Consent Agenda. • Ford Park Paid Parking dates for the 2007 Summer Calendar. The 2007 Managed Parking Calendar Schedule for Ford Park was compiled by the Ford Park User Committee. There are currently 37 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. • Annual appointment of newspaper of record for Town of Vail publications and notices for 2007. The town annually establishes a newspaper of record for all public notices. This year, staff requested a bid from Eagle Summit Publishers, owner of all the newspapers in Eagle County, and requested a bid for The Vail Daily publications. Moffet moved to approve the consent agenda with Newbury seconding. The motion passed unanimously, 6-0. 2 I The fourth item on the agenda was the Town Manager's Report. • Timber Ridge Redevelopment. Zemler asked Council members if they wished to continue working with Corum Real Estate Group on the Timber Ridge redevelopment. Moffet stated Vail Resorts had recently expressed a deep commitment to employee housing but showed very little real commitment. "I think it is in their (Vail Resorts) best interest as members of the community to participate with Corum...The bottom line is they need this project completed more than anyone." Gordon said, "We need to create a neighborhood there (Timber Ridge property)...That's what people want." Logan explained, "I share the disappointment that we all feel about the progress we have made with this property over the past three plus years...) think we have reached a dead end with this proposal...We need to find a solution that is acceptable to the whole town." Logan moved to terminate the Request for Proposal process with Newbury seconding. Corum Real Estate Group Principal Jamie Fitzpatrick stated, "We have worked diligently to communicate with Vail Resorts over the past twelve months with very little response...We can make this project work with or without them...We continually had the cart in front of the horse in terms of what we were trying to finance...There is a solution but you have to define what that objective is." Newbury thought more parameters should have been in place during the initial RFP process. Moffet thanked Fitzpatrick for his efforts. Foley said, "Appropriate zoning would go a long way toward what goes up there." The motion passed 5-1, with Moffet opposed. • Conference Center Fund Zemler detailed the preliminary work that has been undertaken regarding reallocation of the Conference Center Funds, which totals $8.2 million plus accrued interest. This work was suspended during the summer to enable the 20/20 strategic planning process to unfold. If Council was interested in pursuing an election in the fall of 2007, staff recommended the following: 1. Develop a time table for a November 2007 election. 2. Reaffirm and/or modify Council's previous criteria for use of the funds. 3. Review proposed next steps from April 2006 memo and determine interest in authorizing a feasibility study for the potential "re-purposing" of Dobson Arena. 4. Provide research or analysis direction for other potential concepts. 5. Determine a structure for the evaluation process. Zemler explained in preliminary exploration of public sentiment the most common theme was to re-purpose or broaden the opportunities at Dobson Ice Arena. He said there was also interest to expand town marketing as well as increasing the amount of money for special events. Assistant Town Manager Pam Brandmeyer said the Vail Recreation District Master Plan would be reviewed by Council on January 16. Slifer encouraged Council to study a new recreation venue(s). Council agreed citizen polling was prudent and directed Zemler to move forward with development of a time table and next steps. Town Attorney Matt Mire explained staffing difficulties caused the housing ordinance discussion to be postponed. However, he reminded the Council of the Pending Ordinance Doctrine in which current and future development applications are subject to new housing regulations to be passed on or before April 15, 2007. 3 t The fifth item on the agenda was the second reading of Ordinance No. 29, Series of 2006, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. Staff recommended Council approve or approve with amendments Ordinance No. 29, Series of 2006, upon second reading. Moffet moved to approve the ordinance with Foley seconding. The motion passed unanimously, 6-0. The sixth item on the agenda was the second reading of Ordinance No. 31, Series of 2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of the Real Estate Transfer Tax Fund. Moffet moved to table the item until January 2, 2007 with Newbury seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was the second reading of Ordinance No. 33, Series of 2006, an ordinance amending Title 12, Zoning Regulations, Chapter 6, Residential Districts, Article E, Residential Cluster (RC) District, Vail Town Code, to add "professional office" and "business office" as conditional uses to the District, and amending Title 12, Zoning Regulations, Chapter 16, Conditional Use Permit, Vail Town Code to add use specific criteria and standards for business offices and professional offices.On November 13, 2006, the PEC voted 5-0-0 to forward a recommendation of approval of the proposed text amendment to the Zoning Regulations to add "business office" and "professional office" as conditional uses to the Residential Cluster (RC) District. On December 5, 2006, the Vail Town Council approved Ordinance No. 33, Series of 2006, on first reading with no changes. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed unanimously, 6-0. Moffet said this ordinance allowed businesses to apply for a conditional use permit (14 criteria must be met) for office space in an RC. The eighth Resolution No. 24, Series of 2006: Crossroads Reinvestment Plan. Town legal representative Malcolm Murray said the Vail Reinvestment Authority is requesting Council approve the Crossroads Reinvestment Plan (Attachment A in the PEC memo dated December 11, 2006) with the finding that it is consistent with findings outlined in the staff memo. The purpose of this plan is to facilitate the redevelopment of the Crossroads project by removing or curing covenants that may impede redevelopment. On December 11th the PEC voted 7-0 to recommend that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. Moffet moved to approve with Foley seconding. Representing the Vail Village Homeowners Association, Jim Lamont urged Council to establish the Crossroads/Solaris area as a Tax Increment Financing District and utilize the tax increment for Frontage Road improvements. The motion passed unanimously, 6-0. The ninth item on the agenda was Resolution Number 26, Series 2006. A resolution adopting by reference C.R.S. § 24-18-104, as applicable to public officers and employees, including independent contractors within the Town of Vail. Mire made clear that on November 7, 2006, the voters approved Amendment 41 on the statewide general election ballot for in the Charter. Amendment 41 adopts a new Article XXIX of the Colorado Constitution entitled "Ethics in Government," which article deals in detail with receipt of gifts and things of value by, and lobbying and ethical principles applicable to public officials. By its terms, Amendment 41 applies to local government officials and employees, including those of the town. Section 7 of Amendment 41 provides that home rule municipalities may 4 act by charter, ordinance or resolution to adopt regulations on the subjects covered by Amendment 41, which regulations may be more or less stringent than those contained in Amendment 41. The Charter at Section 3.7 and the town's Municipal Code at Section 1-5-7 presently address only conflicts of interest. Accordingly, this resolution, as permitted by Amendment 41, adopts regulations addressing the matters covered by Amendment 41. The proposed resolution adopts C.R.S. § 24-18-104, as such statute presently exists, as appropriate restrictions on the matters covered by Amendment 41. Moffet moved to adopt with Gordon seconding. Gordon encouraged Council to explore a formalized town code of ethics. The motion passed unanimously, 6-0. The tenth item on the agenda was Adjournment. Moffet moved to adjourn to executive session with Foley seconding. The motion passed unanimously, 6-0. No decisions were made. Council then reconvened to regular session. Moffet moved to adjourn with Newbury seconding. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 5 4 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: January 2, 2007 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072) Appellants: Elliot and Marjorie Davidoff (Unit 3) David W. and Maureen Graham Cross (Unit 3) John Lewis and Patricia Morphew-Lewis (Unit 5) Sue Thurow (Unit 8) Planner: George Ruther I. SUBJECT PROPERTY The subject properties are located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums/Lot 5D, Vail Village First Filing. II. STANDING OF APPELLANT As property owners, the appellants have standing to file an appeal of the Planning and Environmental Commission's action. III. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions,. located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i. e. Title 12, Zoning Regulations, Vail Town Code) have orhave notbeen met." 1 IV. BACKGROUND On November 13, 2006, the Town of Vail Planning & Environmental Commission held a public hearing to consider a variance application to allow for three residential additions at the Tyrolean Condominiums. Upon review of the applications, the Commission voted 3-1-1 (Dewitt opposed, Kjesbo recused) to deny the variance requests. In voting to deny the requests, the Commission found that the further granting of variances for the Tyrolean Condominium property would result in a grant of special privilege inconsistent with the limitations on other properties is in the High Density Multiple Family zone district and the purposes of the Zoning Regulations. The Commission did acknowledged that while other variance approvals had been granted for the Tyrolean Condominiums (Units 6, 7, & 9), the granting of the prior variances had provided the relief necessary to achieve uniformity amongst the regulations, and therefore, no further relief was necessary. On November 22, 2006, the appellants submitted an appeal form to the Town of Vail Community Development Department of the Planning and Environmental Commission's November 13, 2007 action. Please refer to the Appellants' Appeal Forms (Attachment A), Planning and Environmental Commission meeting minutes excerpt, dated November 13, 2006 (Attachment B), and the Planning and Environmental Commission memorandum, dated November 13, 2006 (Attachment C) for additional information. V. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3. Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or fhe Design Review Board wifh respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal maybe initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person"means any person who will sufferan adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a 2 t decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Chapter 12-17 Variance (in bard Section 12-17-1: PURPOSE: A, Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical ?imitations, street locations orcondifions in the immediate vicinity. Costar inconvenience to the applicant of strict or literal compliance with a regulation shat/ not be a reason for granting a variance. Section 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance fo other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a variance: 7. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public 3 health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council overturns the Planning and Environmental Commission's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072) Should the Vail Town Council choose to overturn the November 13, 2006 decision of the Planning & Environmental Commission, the Community Development Department recommends that the following conditions of approval be placed on the application: 1. The applicant shall adhere to the terms of the letter of intent, dated November 3, 2006, indicating the date of screening of the parking spaces along the South Frontage Road. 2. This approval shall be contingent upon approval by the Design Review Board of the associated design review request. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to overturn the Planning and Environmental Commission's denial of a setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 3, 5 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, the Community Development Department recommends the Town Council make the following findings: "1. The granting of Phis variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple Family District. 4 2. The granting of this variance will not be detrimental to the public health, safefy, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reason(s): a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code b. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district VII. ATTACHMENTS Attachment A Appellants' Appeal Forms Attachment B Planning and Environmental Commission meeting minutes excerpt, dated November 13, 2006 Attachment C Planning and Environmental Commission memorandum, dated November 13, 2006 5 Attachment A e ~ ~ l . A~CIiiTECT TRANSMITTAL Date: 11/22/2006 To: George Ruther Town of Vail From: Michael Suman, AIA Project: Tyrolean Condominiums Subject: Appeal of PEC denial Enclosed: Application and requirements D ~v ~ ~ zoos j ~ ` O~t ~~~v~ v~~L . C . • 143 East Meadow Drive Suite 300 Vail, CO 81657 michael cr sumanarchitect.com 970.479.7502 f 970.479.7511 m 970.471.6122 a i November 21, 2006 Department of Community Development 75 South Frontage Road Vail, CO 81657 Aor~eals Form Reauirement 1 The denial of the proposed variances adversely affects the owners of Tyrolean units 3, 5 and 8 by resulting in unfair and unequal treatment among the property owners within the Tyrolean Condominiums, Precedence for their variances was set on this property on July 26, 2004 and again on May 9, 2005 with the granting of similar variances for Tyrolean units 6, 7, and 9. Unit 6, 7, and 9 variances were approved by two previous Town of Vail Planning Commissions due to the hardship of non-conforming conditions created when the structure was built. These hardships still remain on the property and it was unfair for the present Planning Commission to treat units 3, 5, and 8 differently by denying their applications for the same variances already granted. This arbitrary action has adversely affected not only the owners of units 3, 5, and 8, but the entire Tyrolean Condominium property. ~ - November 21, 2006 Department of Community Development 75 South Frontage Road Vail, CO 81657 Aooeals Form Reauirement 2 The purpose of this appeal is to correct unfair treatment given to the Tyrolean units 3, 5, and 8 with the denial of their recent variance applications. Considering the extensive precedence set on the Tyrolean property, the Planning Commission not only acted arbitrarily, but imposed unfair and unequal treatment on the current applicants. The property was zoned HDMF in 1969 and the condominiums were constructed in 1980, Because the building was originally constructed in the setbacks, the property was rendered "nonconforming" upon the buildings completion, In addition, the property was also nonconforming with respect to site coverage and exterior lighting numbers. The purpose of Town of Vail Code (the "Town Code") Section 12-15-5 is to induce upgrades for units in HDMF zoning by making them eligible for 250 sq. ff. of additional GRFA. The Tyrolean Condominiums not only meet the criteria of this section, but the original poor planning and design of the building necessitates the additional GRFA in order to support modern day lifestyles, Prior to the recently denied applications, the design deficiency of the building was already identified, studied and addressed by 3 of the 9 Tyrolean Condominium units, In order to do so, variances were required due to the setback and site coverage constraints, The original building design provided long, narrow decks for each of the condo units with most deck areas located in the west, north and east setbacks, These decks have generally proven to be impractical, structurally flawed and useless due to locations and size, However, the deck spaces do afford some of the needed area for the condo units to expand and upgrade, Therefore, with the support of the Town of Vail planning staff, condo units 6, 7, and 9 applied for variances from Section 12-6H-6 of the Town Code regarding setbacks. In addition, unit 6 applied for a variance from Section 12-6H-9 for 20.8 sq. ff. of additional site coverage in the NE corner of the building, These applications were approved by two previous PEC boards based on the hardships created by the existing nonconforming conditions. Also, it was decided the approved variances would have no negative impacts on the bulk and mass of the existing building, nor the neighboring properties, The aesthetics of the building incorporate a wood "mask" wall system to hide the decks within, The mask is generally cantilevered 5'-0" off the stucco walls that enclose the units, The major reading of the bulk and mass is defined by the "mask" with the stucco walls being secondary, For the unit b, 7, and 9 additions, a new glass infill concept for deck enclosures as well as new dormer language were developed to compliment the existing Tyrolean design. By infilling the openings of the wood wall system with glass, the new deck enclosure design maintains the solid/void relationship that makes up the buildings character. The Town of Vail DRB and staff supported this approach for condo units 6, 7, and 9, and it is the same approach presented for units 3, 5, and 8, 4 Included in all the applications for variances on this property are reductions in non- conformities in other sections of the Town Code, The combined applications of units 3, 5, b, 7, 8 and 9, have reduced the site coverage of the entire property by 11,6 sq. ff. The exterior lighting fixture count has been decreased by 19 fixtures, These positive effects of the Tyrolean unit remodels were deliberately developed as to offset the additional GRFA. The unit 3, 5, and 8 additions are in conjunction with a major exterior renovation of the entire property. This building has long been an eye soar with its deteriorating wood siding and spalling stucco finish. The Tyrolean Condominium Association has begun the process of approving a renovation that; replaces the stucco; replaces the wood siding; adds a new garage entry form; adds stone to the base of the building; and adds wood trim around all windows, This is tentatively scheduled to occur on the same schedule as the proposed unit 3, 5, and 8 additions, The unit 3, 5, and 8 applications for variances are the same as those previously approved for units b, 7, and 9, With the Town of Vail's pianning staff support; same flack of impact on neighboring properties; same design approach; and additional reduction in nonconformities, the new applications follow the exact precedence set before them, The pre-existing nonconforming condition on Lot 5D through no fault of the condominium owners is a hardship based on the strict and literal interpretation of the code, It is unfair that all things being equal, unifis b, 7, and 9 were given variances and arbitrarily units 3, 5, and 8 were not. In conclusion, the PEC's decision to deny the units 3, 5, and 8 variance applications must be reversed in order to create fair and equal treatment within the Tyrolean property, FR0~1 Pan.~son i c FAQ; SYSTEM PHONE NO. 131453@36B - NoU. 2@ 2@@6 12: 1bPM P2 Appeals Form ~ Department of Community 1evelopment ~ 75 South Frontage Road., Vail, Colorado 6165'7 tel: 97o.47g.Zi39 fax; 97x.479.2452 N~V 2 2 2006 web: www.vailaov.com ~en~2ral Information: °-~~~~~rr~en` t~!°° This form is required for filing an appeal of a Staff, Design Review Board, or ar~ntn~ Commission action decision. A complete form and associated requirements must be submitted tc~ the Community Development Department within twenty (20) calendar`days of the disputed actionJde))ciSion. Action/Decisionbeinq appealed: ~Ci Gdt,~ t~K~f 3. ~wi~ot'r~ ~c~ Dateof Aclian/Decision: ll • /3.OG Board or Staff person wandering action/decision: ~C Does this appeal involve a specific parcel of land (yes} (no) If yes, are yon an adjacent property owns (yes) (no) Name of Appellant(s): ~~-~ri ii a- " C~~PI ~w - , S , ~ 1^"` , Mailing Address: Za~~o ,~~GISGYtiI,~1G r ~oW1~e~, CD gn3oE' Phone: ~3 • 1~~~ _ Physical Address in Vail; ~D ~S+' I~~G~ ~'iv<_, f ~ / i.ega! description of Appeli ) Prap rty in Vail: I.ot:~ lock:- Subdivision: ~.tc ~~'t ~ Appellant(s) Signature(s): ~rn~~....~~.~~...c-~' (Attach list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of haw you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are tha subject of the appeal and alt adjacent property owners (including owners whose properties are separated from the subject property by a right-nf-way, stream, or other intervening barrier), 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENl"S TO: TOWN C7F VAIL, DEPARTMENT bF CUMhIUNLTY DEVELOPMENT, 75 SOUTH FRONTAGE RQAd, VAIL, COLORADb $1657. For Office .lies on~y: ~ Z ~ ~ ~ O ~ ~ 7U Date fieceived; ~ ~ Activity No.: - 44 Planner: Project Na.: ~ ~ w ~ v~~ D:~Trish\My UocumentslAppealslAppeals.dot 12-5.2005 FROP'I Panasonic FHX S`fSTEP1 PHONE NO. 131A532O36B -Nov. 2L 2006 12:17PM P3 John Lewis and Patricia Morphew-Lewis 2078 Hardscrabble Drive Boulder CO 80305 November 20, 2008 Yown of Vail Departmen# of Community Development 76 South Frontage Road Vail Colorado 81657 Dear Council members: We are very confused and upset by the vote at the planning commission on November 93, 2006. ik seems inexplicably inconsistent with the past history of approvals and improvements at the Tyrolean. We are new owners of a condominium at the Tyrolean. My husband and {have been coming to Vail for a numt~r of years. We did seasonal rentals far two previous years and decided that we wanted to buy in Vail Village and become permanent members of the community. Another couple is making the purchase with us. The two couples' primary purchase crifierion was 2 full b~J,.,..ms. Initially we would not consider this unit because the °second bedroom" is oat an actual bedroom. It was not un61 it was pointed out to us that there was 250 sq. ft available for expa,~~;,,~~ that we would even consider this unit Three (3) separate pieces of advertisement (enclosed) state that 250 sq ft. could be added. The two couples wanted reliable confirmation ai our at~ilit}I to add the 250 square fit. and contacted the Town of Vail, C>epartment ar Communiiy Deuelop.,.u,t directly. 1Ne received the enclosed fetter. It ~t~l~s that the owner is entitled to the 250 sq ft additional space. It also indicates that the appropriate review process woutd be involved. We did further diligence to detem~ine if the additional space could reliably be obtained. Prior in our purchase, we met with Michael Suman and Roland Kiesbo ba detem~ine if the expansion was feasible. We were assured that, based on past history, a precedent had been set i8 months ago this exact variance was unanimously approved by the Planning Commission and Design Review boards. used on the concept of fair and equal treatment, the iwo couples determined that it was safe to purchase the condo. Further, our assigned TOV planner r~,,.,.,,mended approval for our variance. For a8 these reasons, this denial appears to be a somewhat arbitrary decision that was not fully thought out. It appears to ignore past history and the prreponderance of the facts in the matter. We made our decision trJ buy confident that the criteria for approval had been met 18 months ago. So we are confused about what is different now. If the town of Vail had changed criteria, we are confident the letter fmm the city would have addressed those changes. We commun;,.~l~,; clearly that we were considering purchasing a condo and required the extra square footage- The senior planner certainty would have ~ ~ red that units 7 and 9 were approved, but tha# the Gri#eria had Chartiged. In that case we woutd not have considered this Gonda. But this did not occur. If we do not ,~;~e approval for the planned changes, we will be in a position in which we have to sell this unit Reselling a unit in such a short period of tame in this market wrll surely have a negative financial impact on us. One of the reasons we purchased a condo at the Yyrolean was the proposed upgrades to the exterior and the plan to address structural issues- We wanted a small buiding that was FR01'1 Panasonic FAX SYSTEM PHONE N0. : 13145320368 NoU. 20 2006 12:17PM P4 r • Page 2 November 20, 20{16 we6i a s b;~ ~tained,lt~Je ltlce being Located in Val Village and had hoped to own this condo far many years. We one not just SkierS_ We spend time in Vail fiiking and cycling throughout the year. In addition to the two nouples spending time ak the condo together, we bring friends #o ski on a regular basis. We enjoy many of the cultural activities. Our partners in the c~ndQ are also gaffers and plan to spend time in Vail in different seasons. If we have to sell this condo, vve evil[ most lioely not buy in VaiE again_ We will conclude that Vail is Uoo unpredictable a place tv buy. !t is imperative that this be tesblved in the appeal pnxess- Since~ely, Joh .Lewis and Patricia Motphew Lewis Co-Owners of Unit#3 Tyrolean FROM Pan.~s~~n i c F(~\ SY'STEM FHONE t~1O. 1314~.:,2a~68 - taav. 1~ ~~~b : ?3FM P5 _ ~ ~~Y~a4~ u.,~~, Yaffe 1 0#' l . r~r.~;~ Y EAN INN C ~M~ TYROL ~ND~S 3 „ . PRQ~~.RTY DETAILS . ~ Ared: VAIL " ~ ~ ~ ~ ~ Bedrooms: ~ ~r4'P M t 'E~ f~ ~y;„~ @~aths: 1.75 I ~ , .i , ~ ~ r~,' ~ ~i lied#' , 1 ~N ~t :4 9~r~~td ~H~, ,r~~~ APProx 5q i=t: 474.0 L ~g ~ ; , ~ Yea r l#u?lt; 1981 Furnished: FULL Pr4Perty YYpe: Condaminfurr~ Association Dues: 1317.37 QT 'tikes: 1766.4$ „y M a ~ Transf~ar Tax.; 1.0 w,e:: Avg won#hly 1ltiiitieS: 28.0 County: vAIEA 3~;'a'~~ Remarks Custom built Mohogany cat?irtets, 8' solid tore mohdgany doors, humidifier system, air circulation system, surround sound, wired fo hl-Speed Internet, secure garage, can add 250 Sq. ftti For Mgre Information CantetCt Bridge Street OfFce Sstzmark Office Phone: (970)476-2421 Phone: (970) 479-2020 Fax: (970)476°2558 Fax: (970} 47q-2029 Toll Free; (86p} 544-2421 Toll Free: (6$8) 412-6520 El7teil: brldgestr~et{wstif'er.Ret Email: slt2rnarlt@si,l„fer.net Listing Information Courtesy df BRANbESS-CADNlu5 REAL ESYATE Nov 21 06 07:24p CROSS .RESIDENCE 949-729-1066 p.2 { i+ Appeals Form W0~ 2 2 2006 Department of Community Development 75 South frontage load., Vail, Colorado 8165 ~®W~ ~.A~~. te1:970,479.2139 fax: 970.479.2452 web: www,vaitaov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed actianJdecision. 1 J action/Decision being appealed: Yf~u'~.l ~ ~ IY~'b~~ 4C~ Dateof Actionf Decision: ll•l3•oG Board or Staff person rendering actionJdecision: AEG Does this appeal involve a specific parcel of land? yes (no) If yesr are you an adjacent property owner? (yes (no) Name of Appe[[ant(s): ) , / ~.ttyGt.,~r L+'-re-t ` 'G tf ~tv~ ~~i ~E G!/, ~j?6sf Mailing Address: /vG~drlt' ~ ~~6G4 Phone: ~ , Physical Address in Vail: '~d r~~ maw ~i ~C~ . t~n;~ 7 Legal Description of Appellant(s) Property in Vaif: Lot:Jr~DBlocEc:_ Subdivision: V~~l V111~c ';},C'`~~ J' Appellants} Signatur s • .r'.~i~.~-~i'!~- ~S-s _ (A ch a list of signatures more space is required}. Submittal Requirements: 1. On a separate sheet ar separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". Nov 21 06 07:13p CROSS RESIDENCE 949-729-1066 p.2 ' Maureen Graham Cross and David W. Cross 1073 Granville Drive NewporE Beach, CA 9?b60 November 21, 2006 Town of Va i f Department of Comrrlunity Devefoprr~ent 75 South Frontage Road Vail, Colorado 81657 RE: P EC06~070 unit Tyrolean, X00 East Meadow Drive, Block 5, Vail Village 1st Filing Dear Council Members: b'y'e are the co-owners o~the above reFerenced condominium. Our partners ire the unit, Patricia Morphew-Lewis and John Lewis, have submitted a fetter to you and accurately stated our position regarding the rejecEian odour variance request. My husband and I have a few comments to add For your consideration: ~1, Times have changed and sitting on the Frontage Road as the Tyrolean does, we are now subjected to a huge amount o~noise ~ro~r1 an ever increasing amount o~traFf c on the Frontage road and on Highway 70. No one, at any time o~day or night, can reasonably sit on the open deck and enjoy a pedce~ul time out. 5ieeping is also impacted by the amount o~noise to such a degree that we have taken to trying to drawn out the noise with a 'sound` machine that plays crickets. Now, we enjoy crickets but all might, every night, even the crickets drive one crazy. opening windows ire the summer For a cool breeze is prohibited because oFthe noise from the roac~s7highway. V~re are riot positive as to what your rules mein by hardship, but we are sure we experience d hardship because o~the Nov 21 06 07:13p CROSS RESIDENCE 949-729-1066 p.3 poise that surrounds the Tyro[eah• The variance would have allowed us to enclose the deck and in doing so siding and double paned windows to cut down on the noise, 2. It is our ur~derstanding that the Town o~Vail has approved ~ building which tivill be built in what is now the parking lot immediately adjacent to east o~the Tyrolean. So i~we could sit outside on the deck, what is now a view of the mountain to the east will shortly be a Large condominium building with even more cars and activity, contributing to even more poise ar~d no view, This is certainly d hardship Frorrr our point o~view. 5. Currently the unit directly above us has enclosed their patio and whether you like enclosed patios from a visual point o~view or not, the deck we have how stands out as architectually incompatabfe. Because the variance has been denied, the Tyrolean now Looks as iFthe right hand did not khow what the [e{E hand was doing. We are proud owners and we would like fo five in a building that is architectually attractive. The Tyrolean is spending a lot odour money to renovate and ~x the infrastructure ofthe building and we believe the Town oFVail benefits by this ir7vestment and will benefit more by letting us rinish the changes that have begun on the building. The town o~ti'ail has asked ror billions o~dol[ars to be invested into its community and we are doing our best to keep up with the growth and 'took' o~the new Vail by spending hundreds of thousands ofour dollars. We are part orthis community and wahtto continue to be parfi ova vil~raht, growing community governed in a ~ir ahd equitable manner. Thank you for your consid r EOr7. ~ S~S Maureen Gra am Cross and David W, Cross Nov 22 06 10:57a Davidoff 740 587 2727 ' p.2 Appeals Form ~ ~ D Department of Community Development ~F ~r~, ~ 75 South Frontage Road., Vail, Colorado 81657 N~~ 2 2 ZoQ6 te1:970.479.2139 fax: 970.479.2452 web: www.vailaov.com l`QVVfV G~enerai information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/derision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20}/calendar da~y~sof^the disputed actin/nJd/ecision. Action/Decision being appealed: l "C ~u~~f~t o~ l{k~T' ? ' ~y~'a~C~v _ ~G~. _ ~ t Dateof Action J Decision: ~ ~ ~+f~~,Y~ ~ ~ .~.0 a ~ ' i Board or Staff person rendering action/decision: Does this appeal involve a specific parcel of land? (yes} (no} If yes, are you an adjacent property owner? (yes) (no} Name of Appellantis}: ~ G~7~"~ f~ ~ ~ ~LL i ~ ~c;~-~ { CLC% Mailin Address: ~ ~ 7 ~-4-r : ~ ~ ~ , j ~3 ~ _ Phone: `7C.}-0 `'~~'~f ;~r~~'~7 Physical Address in Vail: ~ 0 ~ ~r~ S ~Yl Pr; ~~~LJ ~ i v^e . ~.~Yl ~ _ UA_ i ~ C ~ ~j {r ~ Legal Description of Appellant(s) Property in Vail ~E~tTS Block: ~.I Subdi ' ' 110,,1 ~ ' ~ ~~o~z ~ ~ j nct ~ J Appeliant~s} Signature{s}: ! ~r ~_n j'a.i'v1;.,P~ i ~ (Attach a hst o~ signatures if more space is required), Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person" 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3, Provide a list of names and addresses {both mailing and physical addresses in Vail) of ai# owners of property who are the subject of the appeal and all adjacent property owners {including owners whose properties are separated from the subject property by aright-of--way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes far each property owner listed in (3.}. PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUTREt~'lENTS TO: TOWN OF VAIL, pEPARTMENT OF COMMUNITY I}EVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO S1b57. For Dtif oe Use On~y; ZZ V ~ t ^ C,,"" Date Received: IL fo Activity No.: `@\' ~ l9 Planner: Project No.: ~'~~C',~~`~,' C:\DOCUMEMI\Margie\L~LS~ Z~Temp\Incredi Mail\Appeals, doc 12-6-2005 Nov 22 06 10:57a Davidoff 740 587 2727 p.3 Dr. & Mrs. Elliot Davidoff 2170 Hayes Road Granville, aH 43023 November 21, 2006 Town Council Town of Va i I 75 South Frontage Road Vail, CO 81657 Re: Appeal of November. 13, 2~Ofi PEC denial for variance to allow far enclosure of deck located at 404 East Meadow Drive, Unit S/Block 5, Vail Village Filing 1 To Vllhom It May Concern: 1Ne are baffled, shacked, and deeply hurt by the denial the PEC issued for the above listed variance reques#. Baffled because all the Tyrolean homeowners have been repeatedly assured that Town of Vail regulations X12-15-5) allow each unit of the Tyrolean to expand up to a maximum 250 square fleet even though the building is already non- conforming. V1/hen I was acting as the interim president of the Tyrolean Condominium Association during a recent lawsuit brought against us by the developers of Unit 9, I, as well as several other homeowners and the attorney representing the Association, were very concerned that the plans for the development of Unit 9 might reduce the 250 sq. feet of GRFA available to each of the other 8 units. Matt Gennett of the PEG assured us that it would nat and that each of us retained the right to develop our own 250 sq. feet of Limited Common Eiemen# (in this case, enclosing our decks). We are shocked that, following an eight page documenfi issued by the Community Development Department recommending approval of the variances, the PEG issued a denial of the variance requests of ail three units {3, 5, and to enclose our decks. The PEC denial is arbitrary, grossiy unfair and without precedence. V1/ithin the fast 18-24 months, variances have been granted for Tyrolean Units fi, 7 and 9. The deck enclosures for Units 3, 5 and 8 have been carefully conceived to minimize any impact on the bulk and mass of the building by applying the same architectural concepts developed for Units fi and 7. Nov 22 06 10:58a Davidoff 740 587 2727 p.1 -2- Due to excessive highway noise and pollution, the open deck concept that was originally designed for the building is no longer viable. The decks have become unusable. Additionally, The Tyrolean is the first building that people see when driving into Vail Village. All one needs to do is to look at the wonderful improvement to the appearance of the building that has been created by the wall of glass an the east side (Rojas' Unit) to be convinced of the positive impact enclosing the remaining decks will have on integrating the updated architecture of the Tyrolean. We are deeply hurt by the variance denials that the PEC has issued and hope that our appeals will result in a reversal of this unfair and unequal treatment of applicants' requests. Our family has been coming to Vail every year since 1983. In the early 1990's we rented a unit in The Tyrolean and knew that was where we wanted our home to be. When Unifi 5 became available in 1997, our dream was recognized. Now our two sons have married and we have three grandchildren. our family won't even be able to come to Vail together if our remodel plans are disallowed. Vail and The Tyrolean have always been very special to us and now we are effectively being served an eviction notice. A[I we are asking is to be treated with the same respect and fairness that was accorded to Units 7 and 9 when their variance requests were approved. Thank you for your consideration of our appeal in this mafl~r. Sincerely yours, ~ ~ Mar)onavidoff 0~ ~ Elliot Davidoff, M.D. ' NOV-22-2©06 12:49 AM SUE THUROW iS4? 31SS21S P. D1 Appeals Form ~ ~ ~ ~ D ~ Department of Community Development N®V 2 2 2006 ~ 75 South Frontage Road., Vall, Colorado 81657 tel; 970,479.2139 fax; 970.479.245a web: ,Www.vall$avaom T®W~ `'~~rL Oenoral Inlormatton: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and- associated requirements must be submitted to th® Community Development Department within twenty (20) calendrar days of the d/isputed adlon/deci/sion. Action/Dacl'lon boing appealed: ~G ~ru,~:~~ ~a~~ g -7~rra~~-- ~ccl<-- Dateot Action/Decision: !3 • d6 Board or Stall person rendering action/decision: ~FG Does this appeal Involve a speclAc parcel of land yes (no) It yem, are you an ad)acent property owner? (yes (no) Name of Appellant(s): ,S~c ~C.uiow Mailing Address: Zy ~ ~~''~~~;..,..,C.t.~,G ar 1~ ~~6~ Phone: . ~ 2 3 ~ 3G~ o Physical Address In Vall: J '~7~~ ~re-~~ /+-v i ~ift~~~' ~i J Legal Description of Appellant Prope I Vall: Lot;,lock:, Subdivision; V~~ ~ I/il,~ ~~f Appellant(s) Signaturo(s): ~ (Attach Ilst of s(gnatures If more space is required), Submlttel Requirements: i. On a separate sheet or separate sheets of paper, ~provld®a detailed explanation of. how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, speciry the precise nature of the appeal. Please cite specific code sections having relevance to the adlon being appealed. 3. Provide a Ilst of names and addresses (both mailing and physical addresses In Vall) of all owners of property who are the subject of the appeal and all adjacent property owners (Including owners whose properties are separated from the subject property by a right-af~way, stream, or other Intervenlnq barrier). 4. Provide stamped, address®d envelopes for each property owner Ilst~d In (3,). PLEASE SUBMIT THIS FORM AND ALi. SUBMITTAL REQUIREMENTS T0; TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657, ~ ~ ` t Yc I~ f'I rs, ~ } ,3.1 + Il~~'~i, i'> : ~A,~~sy~C,(f., ~1`` I ~*~A~ I ~ ~ ~ ~ t ! {r I~ I '~Si ~ 'I ~r~ , i ',I+n c i r~ ~ RW~,~f~~'l~ ~ ` r I d r+ ~ t i ! ~4~ I 1 11+ {!I 1 . ! „Irj i> i ! q ,I, 1tr !I fl~l dry+~.~y*, ~ ~r, ~ ~ r n.~ar ~i.. nl f ~ f c. ~„r; ,It~.~fP. ~1, .r:?.~.~ .'r lSi.rll _ I ~I :'~~~Saro~{; r.lv{?a6•h?~ ;;a; ~~r.,~., +..,....,,P.~, d,,,,r.,l', u~l!;1,,...l, G:\Documents and Settings\SUE\Local SettingslTemporary Inttmet Files\Content.lES\VQPCT7F3Wppe9ls.doC 12-b•2005 NOU-22-2006 05:27 PM SUE THUROW iS47 31SS218 P. 01 Sue Thurow 2S5 Boardwalk Place Park Ridge, IL. 60068 November 22, 2006 Town Council Town of Vail 75 South Frontage Road Vail, CO $1687 Re; Appeal of November 13, 2006 PEC denial for varianace to allow for , enclosure of dock located at 400 East Meadow Drive, Unit 8, Vail Village Filing 1. To Wham It May Concern: I am angry and puzzled by the denial issued by the PEC for the above listed variance request. I squired my unit at Tyrolean, anal 8, in December 2002, I love Vail, and I was attracted to Tyrolean for the location and the unit that I purchased. However, over the past few years, due to the noise from highway 170, and increased pollution, I am not ablo to take advantage of my open deck. Furthermore, I cannot understand why we would be prevented from making improvements that would increase the value of our property and would be a benefit to everyone, including the fawn of Vail. Also, I feel that this is discriminatory treatment because the owners o.f units 6, '7, and 9 were granted this variance about 18 months ago, and at that time we wore assured that the rest of the homeowners would be able to also enclose our docks if we so desired. The deck enclosures for Units 3, S, and $ have been designed to apply the same architectural concepts developed for Units 6 and 7. The work that has been completed on the Rojas' unit looks beautiful. This makes a strong argument for allowing us to proceed. -1- NOV-22-2006 05:27 PM SUE THUROW 1847 3188218 P. 02 Y respectfully ask the Town Council to reverse the denial by the PEC and give us the approval to go ahead with the variance request. Thank you for your consideration of our appeal in this matter. Si rely yours, Sue Thurow -2-. TYROLEAN CONDOMINIUM ASSOCIATION 400 EAST MEADOW DRIVE VAIL, COLORADO 81657 December 20, 2006 Town Council Town of Vail 75 South Frontage Road Vail, Co 81657 Re: APPEAL OF NOVEMBER 13, 2006 PEC DENIAL FOR VARIANCE TO ALLOW FOR ENCLOSURE OF DECK LOCATED AT 400 EAST MEADOW DRIVE UNITS # 3,5,8, VAIL VILLAGE FILING. Dear Council Members, I am writing to you on behalf of the Board of Directors for the Tyrolean Condominium Association. We are deeply concerned that the PEC issued denials on the variance requests for units # 3, 5 and 8. It is especially concerning as units 6 and 7 asked for and received approval within the last 18 -24 months. The approval was based on the exact same requests. These requests are intended to respect the Town of Vail's historic values and would minimize any impact on the bulk and mass of the building. Further, these requests incorporate the same architectural concepts utilized and approved for Units 6 and 7. It is important that you reverse this obvious error and return credibility to the Town and its board. Consistency in approvals in these matters is critical especially when supported by 100% of the unit owners of our association as well as the Town of Vail Staff. We are in the process of upgrading our building as many other associations in town have done. We want to be an active participant in the maintaining of the appearance and impressions as well as the property values that Vail stands for. They say you never have a second chance at a first impression, and we, at the Tyrolean, are putting our money where our mouths are to fix this historic building. 1 We humbly request you overturn these denials and allow our unit owners to enclose their terraces in keeping with previous approvals and the association to improve ourselves and the Town of Vail as well. Sincerely, Herbert A. Tobin President Tyrolean Condominium Association cc: Tyrolean Condominium Association Board of Directors 2 Attachment B ti PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING f~ November 13, 2006 T>7~7VOFYAfI, ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Dick Cleveland Anne Gunion Bill Jewitt Rollie Kjesbo Bill Pierce No sites visited Public Hearing -Town Council Chambers 5 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: 1. This conditional use permit approval shall expire and become void upon expiration or termination of the lease agreement between the applicant and the Town of Vail. 2. The hours of operation for this ski storage facility shall occur no earlier than 6:OOAM and no later than 10:OOPM daily. 3. The applicant must obtain Town of Vail design review approval for any exterior signage and/or lighting for this ski storage facility. Bill Gibson presented the project according to the memorandum. The applicant, Phil Horseman, was available for questions. No new information had surfaced since the worksession, he commented. No public comments were added. Dick Cleveland asked about Staff's rationale for defining hours. Bill Gibson noted that the Commission could delete the hours recommended in the memorandum. Doug Cahill agreed with the Staff memorandum. 5 minutes 2. A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition, located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson ACTION: Approved MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 Page 1 Staff clarified with the applicant that this was not "commercial ski storage" as prohibited by the Town Code, but instead ski lockers only for the Landmark guests. Tyson Davidoff continued the presentation further commenting that very little increase to square footage was being proposed. . Dick Cleveland commented that the idea of stone columns terminating in glass did not look feasible or realistic. He did ask how much thought had been paid to the redevelopment at the north of the property. Tyson responded that most of the plans presented today dealt with the south side of the property primarily due to the ambiguity for redevelopment of the North Day Lot. Howard Olson of Alter Construction summarized the applicant's comments by saying that the Association as a whole was in favor of the proposal. The new project was proposed to be code compliant, safe, architecturally compatible, and new. Rollie Kjesbo asked if the applicant would be asking for variances to construct near Concert Hall Plaza. The applicant replied that the only variances currently being considered were variances to construct to the property line below grade. Dick Cleveland commented that one elevator seemed inadequate. He also commented that he would like to see some dormers and interest along the north roof line, as it appears from the highway. Some sense of life above the Townhouses expanse should be considered. The applicant responded that something of this nature would be considered. Jim Lamont, Vail Village Homeowners Association commented that for the first time under review, the project held some merit. He asked about the turnaround in the new lobby area. Was this standard circulation for cars only? He continued to ask questions about the various aspects of the proposed redevelopment. Dick Cleveland commented that he had stated his concerns, aside from some concern about the location of the fire lane. Todd Donze of Fritzlen Pierce commented that certain walkway widths would be required for the development per building code and the zoning regulations. Doug Cahill commented that the guest arrival aspect was well conceived. The loading and delivery area looks like it goes nowhere. He understood that variance requests were still being thought out. The retail aspects look good, but should be considered in light of the Arrabelle development. 10 minutes 10. A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: John R. Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 (Kjesbo recused) (Dewitt opposed) Page 9 Rollie Kjesbo recused himself due to a conflict of interest. Elisabeth Reed presented the project according to the memorandum. Mike Suman, the applicant's representative, presented an overview of the proposal. No public-comment was added. Bill Pierce noted that he originally designed this building and that the negative spaces were intentionally designed and shouldn't be filled with square footage. He doesn't see a physical hardship that justifies a variance. He noted that a 250 GRFA addition is not a guaranteed right, especially when a variance is needed. Dick Cleveland expressed the same concerns as Bill Pierce. Bill Jewitt will reluctantly agree with the PEC precedent of the previous variance approvals. Doug Cahill noted a concern that the original design and a PEC variance approval is granting continued "creep" into the setbacks. Mike Suman noted that Bill Pierce was on the DRB at the time the other additions were approved, and was trying to preserve the effect of the infill by using glass. He noted other units in the association received the same variance only 18 months ago, but was confused that now the PEC does not support the concept. 10 minutes 11. A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 (Kjesbo recused) (Jewitt opposed) The Commission reviewed this item concurrently with Item 10. 10 minutes 12. A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 (Kjesbo recused) (Jewitt opposed) The Commission reviewed this item concurrently with Item 10. Page 10 Attachment C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-7, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting forth details in regard thereto (PEC06-0070). Applicant: Patricia Morphew Lewis and John Lewis; David Cross and Maureen Graham, represented by Michael Suman Architect Planner: Elisabeth Reed I. SUMMARY The applicant is requesting a variance from the required twenty foot (20') setback standards within the High Density Multiple Family (HDMF) district in order to enclose a deck located within the north and east setbacks. As proposed, the enclosure would comprise approximately 114 square feet of GRFA within the east (rear) setback and 83 feet of GRFA within the north (side) setback. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions of the applicant's variance requests. II. DESCRIPTION OF REQUEST The applicant is requesting to add two hundred thirty (230) square feet of Gross Residential Floor Area (GRFA) to Unit 3 of the Tyrolean Condominiums by means of one deck enclosure utilizing a portion of this unit's allowable "250 addition". Of that amount, approximately one hundred ninety seven (197) square feet of GRFA is proposed to lie within the setbacks. One hundred fourteen (114) square feet will encroach into the minimum twenty foot side (north) setback and eighty three (83) square feet will encroach into the twenty foot rear (east) setback. The proposed setback encroachment would be constructed six feet (6') into the eastern setback and five feet (5') into the northern setback. The architecture of the Tyrolean lodge includes a number of decks which are covered by overhangs that range from four to eight feet in depth. The overhangs create cavernous deck areas and the impression of more bulk and mass in that area than actually exists. The applicant posits that the proposed enclosures will not increase the apparent bulk and mass more than currently exists. A Vicinity Map, the architect's request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). III. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject 1 „ TOWN OF PAIL property. In 1980, the Tyrolean Condominiums were constructed (within the south and east setbacks) and attached to the existing "Blue Cow" restaurant structure. On May 10, 2004, a variance was approved, to allow the floor area that was once the Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On July 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. Additional setback and site coverage variances were granted to the owners of Units 6 and 7 on May 9, 2005 to allow for encroachments into the setbacks of five feet (5') for similar deck enclosures and to allow for the addition of site coverage exceeding the allowable. IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authority on a variance, but must review any accompanying DRB application. C. Town Council Actions of Desigri Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. D. Staff The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and 2 findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 12-6H-1: PURPOSE: The high density mulfiple-family district is intended to provide sites formulfiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20 and the minimum rear setback shall be twenty feet (20 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. CHAPTER 17, VARIANCES (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience fo the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances maybe granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and 3 parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits'; and by section 12-3-7. "Amendment" of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinify. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable fo the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. 4 VI. SITE ANALYSIS (requested deviations have been notated with bold font) Address: 400 East Meadow Drive, Unit #3 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Development Standard Allowed/Reauired Existina Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 15,725 sq. ft. 15,955 sq. ft. Site Coverage: 55% (max.) 56.6% (9,078 sq. ft.) no change (8,821sq. ft.) Density:, 9 DUs (max.) 9 DUs no change Landscape Area: 30% (min.) 43% (6,981sq. ft.) no change (4,812 sq. ft.) Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center General Use (GU) VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 5 Staff has determined the requested variance will not negatively effect the relationship between the Tyrolean building and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The enclosure will not further diminish space between potential uses or structures in the vicinity, mostly due to the site being bounded by the Frontage Road to the north and a building soon to be demolished to the east (Apollo Park), with that area being replaced with parking and landscaping uses. The existent "screen" or "mask" walls, as depicted on the existing elevations already create the appearance of structure located within the setbacks. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes that little to no effect upon light, air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety will occur should this variance request be approved. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the 6 vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions of the requested variances from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-7, Variances, to allow for the construction of a residential addition within the side and rear setbacks, located at 400 East Meadow Drive, Unit 3/Block 5D, Vail Village 1 S` Filing, subject to the criteria outlined in Section VI11 of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12- 7, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting forth details in regard thereto, subject to the following condition: 1. The applicantshall adhere to the conditions ofthe attached letterofintent, dated November 3, 2006, indicating the date of screening of the parking along the Frontage Road. 2. This approval shall be contingent upon approval by the Design Review Board of the associated design review request. "Based upon the review of the criteria outlined in Section Vlll of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 7 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable fo the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by fhe owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural plans and elevations D. Letter of intent dated November 3, 2006 E. Public Notice 8 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for final review of variances from Section 12-6H-6, Setbacks, and Section12-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto (PEC06- 0071). Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed I. SUMMARY The applicant is requesting a variance from the required twenty foot (20') setback standards and the fifty five percent (55%) total allowable site coverage regulations of the High Density Multiple Family Districft in order to enclose an existing deck and add additional Gross Residential Floor Area (GRFA) on two levels of the building within the front (west) setback. fourteen (214) square feet. Of that amount, approximately 133.5 square feet of GRFA constructed at the second level of Unit 5 within the front setback, and13.5 square feet of GRFA constructed at the third level of Unit 5, also within the western (front) setback. The area necessitating the additional site coverage request is composed of 16.5 square feet and also lies within the western setback. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions of the applicant's variance requests. II. DESCRIPTION OF REQUEST The applicant is requesting to add one hundred forty seven (147) square feet of Gross Residential Floor Area (GRFA) within the front setbacks the Tyrolean Condominiums Unit #5 and sixteen and one half (16.5) square feet of additional site coverage by means of one deck enclosure utilizing a portion of this unit's allowable "250 addition". One hundred thirty three (133) square feet will be located on the second story of the unit and thirteen and one half (13.5) square feet will be located at the third story of the same unit. The site coverage variance will occur at the same corner of the addition described, in the amount of 16.5 square feet. If granted, the setback variances requested would result in a front setback of sixteen (16') instead of twenty (20'). Additionally, the site coverage variance request would result in exceeding the amount of existing site coverage by 0.1 % of the existing (56.6%). 1 TOWN OF PAIL ~ The architecture of the Tyrolean lodge includes a number of decks which are covered by overhangs which range in depth from four to eight feet. The overhangs create cavernous deck areas and the impression of more bulk and mass than actually exists. The applicant posits that the proposed enclosures will not substantially increase the apparent bulk and mass. A Vicinity Map, the architect's request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). III. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject property. In 1980, the Tyrolean Condominiums were constructed (within the south and east setbacks) and attached to the existing "Blue Cow" restaurant structure. On May 10, 2004, a variance was approved, to allow the floor area that was once the Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On July 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. Additional setback and site coverage variances were granted to the owners of Units 6 and 7 on May 9, 2005 to allow for additional GRFA to be built within the setbacks and to allow for the addition of site coverage exceeding the maximum allowable for this zone district. IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authority on a variance, but must review any accompanying DRB application. C. Town Council Actions of Design Review Board or Planning and Environmental Commission maybe 2 appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. D. Staff The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of fhe district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20 and the minimum rear setback shall be twenty feet (20). 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. CHAPTER 17, VARIANCES (in part) , 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as 3 would result from strict or literal interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 8. Development Standards Excepted: Variances maybe granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits'; and by section 12-3-7. 'Amendment" of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: 4 a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. SITE ANALYSIS (requested deviations have been notated with bold font) Address: 400 East Meadow Drive, Unit #5 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Development Standard Allowed/Reauired Existing Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 15,955 sq. ft. 16,169 sq. ft. Site Coverage: 55% (max.) 56.6% (9,078 sq. ft.) 56.7%(9,094sq.ft.) (8,821sq. ft.) Density: 9 DUs (max.) 9 DUs no change Landscape Area: 30% (min.) 43% (6,981 sq. ft.) 43.4% (6,964.5 sq. ft.) (4,812 sq. ft.) Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center General Use (GU) 5 I VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff has determined the requested variances will not negatively affect the relationship between the Tyrolean structure and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The enclosure will not further diminish space between potential uses or structures in the vicinity because the existing "screen" or "mask" walls, as depicted on the elevation drawings already create the appearance of structure located within the setbacks. The area of increased site coverage will not negatively affect surrounding uses as it lies adjacent to Vail Valley Drive. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures and setback variances requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes that little to no effect upon light, air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety will occur should these variance requests be approved. 4. Such otherfactors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. 6 B. The Planning and Environmental Commission shall make the followina findinas before arantina a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions of the request for variances from Section 12-6H-6, Setbacks, and Section12-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto subject to the criteria outlined in Section VIII of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the request for variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto subject to the following condition: 1. The applicantshall adhere fo the conditions ofthe attached letterofintent, dated November 3, 2006, indicating the date of screening of the parking along the Frontage Road. 7 r 2. This approval shall be contingent upon approval by the Design Review Board of the associated design review request. "Based upon the review of the criteria outlined in Secfion Vlll of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulafion would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural plans and elevations D. Letter of Intent dated November 3, 2006 E. Public Notice 8 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/Block 5, Vail Village Filing 1, and setting forth details in regard thereto (PEC06-0072). Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed I. SUMMARY The applicant is requesting a variance from the required twenty foot (20') setback regulations of the High Density Multiple Family District in orderto enclose an existing deck to add additional Gross Residential Floor Area (GRFA) within the front (west) setback. As proposed, the enclosure would result in approximately 79 square feet of GRFA constructed at Unit 8 within the front setback. The applicant is proposing to add a total of one hundred eight one (181) additional square feet to the Unit. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions, of the applicant's variance requests. II. DESCRIPTION OF REQUEST The applicant is requesting to add one hundred eighty one (181) square feet of Gross Residential Floor Area (GRFA) to Unit 8 of the Tyrolean Condominiums by utilizing a portion of this unit's allowable "250 addition". A partial amount of the new square footage (79 sq. ft.) is to be located within the western (front) setback on the main level of unit 8, which is located at the third story of the building. If granted, the requested setback variance would result in a front setback of sixteen (16') instead of twenty feet (20'). The architecture of the Tyrolean lodge includes a number of decks which are covered by overhangs which range in depth from four to eight feet. The overhangs create cavernous deck areas and the impression of more bulk and mass than actually exists. The applicant posits that the proposed enclosures will not substantially increase the apparent bulk and mass. A Vicinity Map, the architect's request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). III. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject property. In 1980, the Tyrolean Condominiums were constructed (within the south and east setbacks) and attached to the existing "Blue Cow" restaurant structure. 1 „ TOWN OF PAIL On May 10, 2004, a variance was approved, to allow the floor area that was once the Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On July 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. Additional setback and site coverage variances were granted to the owners of Units 6 and 7 on May 9, 2005 to allow for new GRFA within the setbacks and to allow for the addition of site coverage exceeding the allowable within the HDMF district. IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authority on a variance, but must review any accompanying DRB application. C. Town Council Actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. D. Staff The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. 2 Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend ' harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20 and the minimum rear setback shall be twenty feet (20). 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. CHAPTER 17, VARIANCES (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations maybe granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances maybe granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and 3 I parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits'; and by section 12-3-7. "Amendment" of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. SITE ANALYSIS (requested deviations have been notated with bold font) 4 Address: 400 East Meadow Drive, Unit #8 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Development Standard Allowed/Reauired Existina Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 16,169 sq. ft. 16,350 sq. ft. Site Coverage: 55% (max.) 56.7% (9,094 sq. ft.) no change (8,821 sq. ft.) Density: 9 DUs (max.) 9 DUs no change Landscape Area: 30% (min.) 43.4% (6,964.5 sq. ft.) no change (4,812 sq. ft.) Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center ~ General Use (GU) VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 5 Staff has determined the requested variance will not negatively affect the relationship between the Tyrolean structure and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The enclosure will not further diminish space between potential uses or structures in the vicinity because the existing "screen" or "mask" walls, as depicted on the elevation drawings already create the appearance of structure located within the setbacks. The area of increased site coverage will not negatively affect surrounding uses as it lies adjacent to Vail Valley Drive. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures and setback variances requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes that little to no effect upon light, air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety will occur should these variance requests be approved. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6 3 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same, zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/Block 5, Vail Village Filing 1, subject to the criteria outlined in Section VIII of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the request for a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/Block 5, Vail Village Filing 1, subject to the following condition: 1. The applicant shall adhere to the conditions of the attached letter of intent, dated November 3, 2006, indicating the date of screening of the parking along the Frontage Road. 2. This approval shall be contingent upon approval by the Design Review Board of the associated design review request. "Based upon the review of the criteria outlined in Section Vlll of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: 7 1 a. The strict literal interpretation or enforcement of the specified regulation would resulf in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions orextraordinarycircumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural plans and elevations D. Letter of intent dated November 3, 2006 E. Public Notice 8 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: January 2, 2007 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077) Appellant: Vail Town Council Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A. II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. III. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i. e. Title 12, Zoning Regulations, Vail Town Code) have orhave notbeen met." IV. BACKGROUND For a complete description of the Vail Cascade Resort and Spa conditional use permit, please refer to the attached November 27, 2006, Staff memorandum to the Planning and Environmental Commission (Attachment E). 1 On November 27, 2006, the Planning and Environmental Commission approved, with conditions, a conditional use permit to allow for the temporary use of the three existing indoor tennis courts for conferences and conventions at the Cascade Resort and Spa by a vote of 5-0. An excerpt from the meeting action minutes of the Commission's November 27, 2006, hearing have been attached for reference (Attachment D). The conditions of approval for this conditional use permit are as follows: "1. There shall be no parking allowed along the South Frontage Road or Westhaven Drive or at Donovan Park for any conference or convention event held in association with this conditional use permit approval. 2. Prior to the applicant's use of the tennis facility for any conference or convention event in 2007, the applicant must obtain Town of Vail Fire Department pre-approval' of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. Additional conventions maybe held during 2007, if in compliance with the criteria and findings within the staff memorandum for this conditional use permit dated November 27, 2006. 5. This conditional use permit approval shall expire on December 31, 2007." On December 7, 2006, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's November 27, 2006, approval, with conditions, of the Vail Cascade Resort and Spa conditional use permit request by a vote of 6-0 (Hitt absent). An excerpt from the Council's December 7, 2006, hearing highlights have been attached for reference (Attachment C). V. DISCUSSION ISSUES At the Town Council's December 7, 2006, hearing, concerns were stated that the approved conditional use permit requirement prohibiting conference parking on Westhaven Drive and/or the South Frontage Road may be too restrictive and discourage conference events. Please be aware that the South Frontage Road is a highway governed by the State of Colorado Department of Transportation (CDOT) and is not governed by the Town of Vail. Current and past "emergency" overflow skier parking, on a limited number of days each year, has only been permitted through a special agreement between CDOT and the Town of Vail. Additionally, the Vail Town Code currently prohibits on-street parking throughout the community including along Westhaven Drive and the South Frontage Road unless a parking "emergency" is declared. It is a long standing Town policy and Town Code requirement that private development should accommodate its own parking demands. Staff believes all the property owners in Cascade Village Area A, including the Vail Cascade Resort and Spa, need to accommodate parking for their guests, employees, etc. on-site and should not be allowed to shift that burden to the public streets. Staff believes parking along Westhaven Drive and additional parking along the South Frontage Road will have a negative impact on vehicular and 2 pedestrian safety, snow removal/road maintenance, code enforcement, etc. Staff is also concerned that allowing parking on Westhaven Drive and the South Frontage Road in association with this conditional use permit will grant the Cascade Resort and Spa special privileges not granted to other hotel/spa uses in the town. Such an approval may also set a precedent for other private businesses to request the use of the public streets to accommodate their private parking burdens as well. Neither the Town of Vail Police nor Public Works Departments support any proposal that could further increase parking along the South Frontage Road or could allow parking along Westhaven Drive. A brief memorandum from those Town departments has been attached (Attachement A and B}. Staff does not recommend the Town Council modify or overturn the Planning and Environmental Commission's conditional use permit approval. However, should the Town Council choose to modify the approved conditional use permit requirement prohibiting parking on Westhaven Drive and South Frontage Road, Staff recommends the Council consider the following alternative condition: "Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Police and Public Works Department approval of a `parking management plan" This parking management plan must address all operational issues related to implementing the plan, for example traffic and pedestrian safety, snowmaintenance, enforcement, etc. This managementplan shall also prioritize parking locations associated with this conditional use permit as follows: 1) Existing Cascade Village Parking Structure 2) Lionshead Parking Structure with shuttle service provided by the applicant 3) Westhaven Drive 4) South side of the South Frontage Road only adjacent to the Cascade Resort and Spa building between the south guardrail and the Westhaven intersection." VI. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3. Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person"means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in 3 degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. VII. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Town of Vail Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. Staff does not recommend the Town Council modify the conditional use permit requirement prohibiting parking along Westhaven Drive or the South Frontage Road due to concerns about safety, snow removal/road maintenance, enforcement; conflicts with existing Town policies and regulations; potential conflicts with CDOT jurisdiction; potential precedent for other on-street parking; etc. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to uphold the Town of Vail Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto; the Community Development Department recommends the Town Council make the following findings: 1. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village, is in accordance with the purposes of the Zoning Regulations and Special Development District No. 4. 2. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village and the conditions under which they will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4 3. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff memorandum to the Planning and Environmental Commission dated November 27, 2006. 4. The standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have been met." Should the Town Council choose to modify the Town of Vaif Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto; the Community Development Department recommends the Town Council modify condition #1 of the conditional use permit as follows: "1) Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Police and Public Works Department approval of a "parking management plan" This parking management plan must address all operational issues related to implementing the plan, for example traffic and pedestrian safety, snowmaintenance, enforcement, etc. This managementp/an shall also prioritize parking locations associated with this conditional use permit as follows: A) Existing Cascade Village Parking Structure; then, B) Lionshead Parking Structure with shuttle service provided by the applicant; then, C) Westhaven Drive; and then, D) South side of the South Frontage Road only adjacent to the Cascade Resort and Spa building between the south guardrail and the Westhaven intersection." The Community Development Department recommends the Town Council make the following findings: 1. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village, is in accordance with the purposes of the Zoning Regulations and Special Development District No. 4. 2. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village and the conditions under which they will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff memorandum to the Planning and Environmental Commission dated November 27, 2006. 5 4. The standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have been met." Vlll. ATTACHMENTS A. Vail Police Department Memorandum B. Vail Public Works Department Memorandum C. Town Council Highlights December 7, 2006 (excerpt) D. Planning and Environmental Commission November 27, 2006 agenda results (excerpt) E. Planning and Environmental Commission November 27, 2006 memorandum F. Public Notice 6 Attachment A To: Bill Gibson From: Steve Wright-Vail PD Re: Parking on Westhaven and South Frontage Road Date: December 26, 2006 If there is an effort to change the conditional use permit, the council will have to address to following sections of the currently adopted model traffic code and the municipal code: Section 10.5 of the model traffic code adopted by the Town of Vail states "No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance." Section 12-2 of the same code states "On any street or at any place within this municipality where official signs are posted giving notice of stopping standing or parking restrictions or prohibitions as authorized in section 23-9 of this Code and described in traffic control schedules as provided in section 23-12, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on the sign or signs except; when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or endanger any traffic." Section 7-3A-13 of the municipal code states: "The town manager, the chief of police, or their designee has the authority to declare a parking emergency and thereby suspend the prohibition of on street parking in designated areas." Talking Points: • The council will have to amend the municipal code if it intends to authorize parking on Westhaven Drive. • The Cascade Hotel, because of the sale of a portion of their parking structure, has inadequate parking for large events. • Due to conflict between the owners of the parking structure, not all spaces in the structure are utilized. • The Cascade Hotel, afor-profit entity, is seeking public remedies and subsidies for private parking concerns of their own creation. • Does overbooking existing capacity constitute a parking "emergency"? • Has there been input from the homeowners of the Westhaven neighborhood? • Does the council have the authority to grant continuous on street parking on CDOT right of way? • Will other private entities be entitled to the same variances contemplated for the Cascade Hotel? Attachment B Department of Public Works & Transportation 1309 Elkho~°n Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 ivww. vailgov. com MEMO To: Bill Gibson From: Tom Kassmel, Town Engineer Re: Cascade Conditional Use - On-Street Parking Date: 12/28/46 The Town of Vail Public Works Department has reviewed the application for a conditional use for on-street parking during conventions at the Cascade. We can not support on-street parking on the South Frontage Rd. unless it is permitted by CDOT and all safety concerns are resolved. This section of road has a speed limit of 45 mph, making it a hazardous area for on-street parking. The existing auxiliary lanes should not be used as parking lanes since they are warranted and required by CDOT especially at times of high volume traffic which would coincide with a convention and overflow parking. We also can not support on-street parking on Westhaven Drive since it is a major collector road and also the only access point for the entire subdivision. The portion of Westhaven Drive to the west of the garage entrances is too narrow for parking, and the wide turn- around area just to the east of the parking garage is used by buses. It would seem that the safest and most practical solution would be to have overflow parking at the Lionshead parking garage and have Cascade run a shuttle from the Lionshead parking garage to the bus turn-around. Attachment C MEDIA ADVISORY December 7, 2006 Contact: Corey Swisher, 479-2106 Town Manager's Office VAIL TOWN COUNCIL HIGHLIGHTS DECEMBER 5 Work Session Briefs Council members present: Foley, Gordon, Newbury, Slifer, Moffet, Logan Not present: Hitt --Planning and Environmental Commission (PEC) /Design Review Board (DRB) Update During a review of the most recent meetings of the PEC and DRB, Senior Planner Warren Campbell answered questions regarding the latest proposals to go before the two boards. Council expressed concern over possible parking restrictions being placed on the South Frontage Road adjacent to the Cascade Hotel & Aria Spa. Community Development Director Russ Forrest said the Police Department was concerned about life-safety issues. Gordon moved to approve with Foley seconding a motion to call-up Item. No. 1 of the Nov. 27 PEC meeting (a request far a conditional use to allow for the temporary use of the tennis facility for conferences and conventions located at Special Development District No. 4, Cascade V Ilage). For more information, contact Campbell at 479-2148. --Ecobuild Presentation Eagle County representative Adam Palmer presented Council with the county's new green building codes. Gordon asked forfurther discussion regarding environmentally friendly balding. --Vail 20/20 Strategic Plan Update Community Development Director Russ Forrest presented an overview and an update on the Vail 20/20 strategic planning process which began with a meeting of institutional stakeholders on Aug. 3. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues which concern their organizations. On Aug. 22 and 24, two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future. On Sept.19, staff presented draft values and vision statements to Council and provided an update on the Vail 20/20 process. Council provided comments on the drafts and instructed staff to proceed with the Vai120/20 Strategic Plan process. Overthe pasttwo months, a group of staff members convened that represented housing, transportation, land use and development, community, environment, economy, recreation and community services. Staff members have worked with individual teams to draft goals and in some cases, develop objectives and strategies as part of a strategic plan. Forrest then asked Council to provide input on goals and next steps for the project. Council agreed the progress made thus far was valuable. They then offered support for the draft goals and approved the timetable and next steps as follows: • Late January 2007 Joint group meetings (with Council participation). • February 6, 2007 Council Update. • March 13, 2007 Public Meeting to Prioritize Actions. • March 2007 Joint Group Meeting to Develop final draft Vai120/20 Plan. Attachment D PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING j. November 27, 2006 ~'0~`~'~lI. ` 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Bill Jewitt Doug Cahill Bill Pierce Anne Gunion Dick Cleveland Chas Bernhardt Site Visits: No site visits scheduled Public Hearing -Town Council Chambers 10 minutes 1. A request for a final review of a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0077) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Bill Gibson ACTION: Approved with conditions MOTION: Jewitt SECOND: Cleveland VOTE: 5-0-0 CONDITIONS: 1. There shall be no parking allowed along the South Frontage Road or Westhaven Drive or at Donovan Park for any conference or convention event held in association with this conditional use permit approval. 2. Prior to the applicant's use of the tennis facility for any conference or convention event in 2007, the applicant must obtain Town of Vail Fire Department "pre-approval"~of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. Additional conventions may be held during 2007, if in compliance with the criteria and findings within the staff memorandum for this conditional use permit dated November 27, 2006. 5. This conditional use permit approval shall expire on December 31, 2007." Bill Gibson gave a presentation per the staff memorandum. There was no public comment. The Cammissioners generally supported the conditional use permit. 20 minutes Page 1 Attachment: E MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: November 27, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to Chapter 12- 16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Bill Gibson I. SUMMARY The applicant, Vail Cascade Resort and Spa, is requesting a conditional use permit, pursuant to the provisions of Special Development District No. 4 (SDD #4), to allow for the temporary use of the three existing indoor tennis courts for conferences ands conventions during intermittent periods of the year, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village (Attachment A). 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 approval, with conditions, of the request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Ordinance No. 1, Series of 1999, the Cascade Resort and Spa tennis facilities may be used for temporary "conferences and conventions" with Town of Vail Planning and Environmental Commission approval of a conditional use permit, in accordance with Chapter 12-16, Vail Town Code. In February of 2005 the applicant received Planning and Environmental Commission approval of a conditional use permit allowing the use of three existing indoor tennis courts for conferences and conventions during the year 2005. This conditional use permit vuill expire on December 31, 2005. The applicant has submitted a new conditional use permit application to allow similar use of the tennis facility for conferences and conventions in the year 2006. The applicant is proposing six confirmed events and two tentative events (Attachment B). III. BACKGROUND • In 1976, Special Development District No. 4 was created from 97.52 acres of land without known zoning in the area of Vail known as Lions Ridge and includes the existing Cascade Club and Spa, which comprises approximately 78,000 square feet. • In 1999, a Minor Amendment to SDD No. 4 was granted to allow for the conversion of one of four existing indoor tennis facility into additional spa facilities. 1 • The Vail Cascade Resort and Spa has consistently used the tennis facility for a number of years as conference facilities during up to five periods of 2 to 3 days each since the mid 1990s. During these events, there have not been any negative external impacts known to the Town. • At its February 14, 2005 public hearing, the Planning and Environmental Commission approved a similar Conditional Use Permit to allow for the use of the Cascade tennis facility for conference uses with the foliowing conditions: "1. That there will be no parking allowed along the South Frontage Road, Donovan Park, or Westhaven Drive during any conference or convention events held in association with this Conditional Use Permit approval. 2. This conditional use permit approval shall expire on 12/31/05. 3. Additional conventions maybe held during 2005, if in compliance with the criteria and findings within the staff memorandum for this CUP dated February 14, 2005. " IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safely, 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. B. 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. 2 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. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they maybe located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. V. ZONING ANALYSIS Zoning: Special Development District No. 4 Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /Spa The subject conditional use permit request only affects the use of the three indoor tennis courts during intermittent, short periods during the year and does not contemplate any exterior changes to the existing building. Therefore, the conditional use permit proposal does not alter the existing lot area and site dimensions, setbacks, building height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. Staff is recommending conditions of approval related to parking (i.e. a parking/shuttle pleb requirement and prohibiting conference parking along the South Frontage Road, Westhaven Drive, or at Donovan Park). VI. SURROUNDING LAND USES AND ZONING Land Use Zonina North: CDOT ROW Not zoned South: Resort Accommodations and Services SDD No. 4 East: Resort Accommodations and Services SDD No. 4 West: Resort Accommodations and Services SDD No. 4 VII. REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and irrypact of the use on the development objectives of the Town. 3 r Staff believes the proposed conditional use permit is consistent with the development objectives of the Town. Using the tennis facility on a limited, temporary basis for intermittent events throughout the year which draw more visitors to town in an unobtrusive manner is beneficial for the Town of Vail. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation' facilities, and other public facilities needs. Staff believes that the proposed conditional use permit will have no effect on the above criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed conversion will not negatively impact the above criterion as the proposed conference events will be attended exclusively by guests of the resort. Staff is recommending conditions of approval related to parking that establish aparking/shuttle plan requirement and prohibit conference parking along the South Frontage Road, Westhaven Drive, or at Donovan Park. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The Planning and Environmental Commission approved a similar conditional use permit at its February 14, 2005, public hearing which is scheduled to . expire on December 31, 2006. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the applicant's request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto, subject to the following conditions: 4 1. There shall be no parking allowed along the South Frontage Road or Westhaven Drive or at Donovan Park for any conference or convention event held in association with this conditional use permit approval. 2. Prior to the applicant's use of the tennis facility for any conference or convention event in 2007, the applicant must obtain Town of Vail Fire Department "pre-approval" of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. Additional conventions maybe held during 2007, if in compliance with the criteria and findings within the staff memorandum for this conditional use permit dated November 27, 2006. 5. This conditional use permit approval shall expire on December 31, 2007." Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vlll of this Staff memorandum to the Planning and Environmental Commission dated November 27, 2006 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village, is in accordance with the purposes of the Zoning Regulations and Special Development District No. 4. 2. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village and the conditions under which they will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff memorandum to the Planning and Environmental Commission dated November 27, 2006. " IXe ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Public Notice 5 'til. G`iF. •;~r,,' a. : ~ ~ i x M'r. W.+,mn.. u.. y'.. 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'd'+ . ~ L i~"r' ~y A 7 t .k :r a ~ ~ '~~'kl.~M? ~ .,y'.; ,;:a ' /fir, ( C,. ~ ~ ~ ~ ~ Feet `This map was created by the Town of Vail GIS workgroup Use of th(s map should 6e !or generar"I !`IA~JV/ Z00 The Town of Vail does not warrarn the accuracy of the infomrat~~"~ 0 50 100 (where shown, parcel IirY ~,d'`~" ,M' . ` Attachment B , Addendum to Application for Conditional Use Permit Vail Cascade Resort & Spa October 18, 2006 These are dates that we would be holding events in the tennis courts: i i I DEFINITE GROUP Zimmer January 18 - 22 Event on January 21 Verizon March 9 - 1 S Events on March 13 ~ SkiTam March 29-April 2 Event on April 1 IBC _ September 11-17 Events on September 14, 1S and 16 Grease Monkey September 19-24 Event on September 21 J AIA October 30 - November S Events on November 1 - 3 TENTATIVES AWWA April 1 - 6 Events on April 3 and 4 Coors January 12 - 18 Events on January 13, 14 and 1 S 1 - ~ i Attachment C ~ " ~ THIS ITEM MAPUBL C NOTICER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 27, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a conditional use permit, pursuant to Chapter 12-16, lG~ Conditional Uses, to allow for the temporary use of the tennis facility for conferences and ~ conventions, located at Special Development District No. 4, Cascade Village, Area A, l 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0077) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please- call 970-479-2356, Telephone for the Hearing Impaired, for information. Published November 10, 2006, in the Vail Daily. Attachment: F 6 THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, January 2, 2007, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM/TOPIC: An appeal,.pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the temporary use of a tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077) Appellant: Vail Town Council P?anner: Bilt Gibson The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. ' MEMORANDUM TO: Town Council FROM: Stan Zemler, Judy Camp, Kathleen Halloran DATE: December 14, 2006 SUBJECT: Real Estate Transfer Tax Fund Spending . The following information is provided in response to Kent Logan's question regarding. prior use of RETT dollars. Over the past four years (2002 - 2005), a total of $17,753,998 was spent from the RETT Fund. During the same period, $19,532,294 was collected into the fund. Spending by the categories listed in the current ordinance is as follows: 1. Acquiring, improving, maintaining and repairing real property for parks, recreation, open space and similar purposes. Examples of projects included in this category are: streetscape, Donovan Park, Seibert Circle, Black Gore Creek sand mitigation, and Pirate Ship Park. This category represents about 69% of the four-year spending. $12,331,905 2. The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land. There were no projects that fell specifically into this classification form 2002 to 2005; however, some costs such as the Donovan Park restrooms are included in item 1. above. Also of note, projects that were not paid for by RETT are the Vail Gymnastics facility and the Ice Bubble. 3. Landscaping parks and open space. This category includes annual park maintenance, including the Betty Ford Alpine Gardens. It represents about 19% of total RETT spending over the past four years. $ 3,338,623 4. The construction, maintenance, repair, and landscaping of recreation paths set forth in the Town of Vail Recreation Trails plan as it may be amended by the Town Council from time to time. Examples include North Frontage Road bike path, Vail Valley bike path, and Cascade bike path as well as path maintenance and trailhead development. This category represents about 12% of the four-year total. $ 2,083,470 For 2007, the RETT expenditures budget is $6,991,180, of which $250,000 or 3.6% is appropriated for environmental sustainability. Revenue in 2007 is projected at $8,654,970, of which $8,179,952 is from the transfer tax. Fund balance at the end of 2007 is expected to be $6,127,756. ORDINANCE N0.31 Series of 2006 AN ORDINANCE AMENDING SECTION 2-6-9 OF THE VAIL TOWN CODE, CONCERNING USE OF THE REAL ESTATE TRANSFER TAX FUND, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council (the "Council") of the Town of Vail have been duly elected and qualified; and WHEREAS, in an effort to be the premier mountain resort community, the Town has committed to provide its citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner;" and WHEREAS, to achieve the goals stated above and for the environmental sustainability of the Town, the Council has determined that certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vail Real Estate Transfer Tax Fund; and WHEREAS, The Council finds that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 2-6-9 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stri4ESthr>3t~~): 2-6-9: REAL ESTATE TRANSFER TAX FUND: A. Creation; Purpose: All funds received by the Town pursuant to this Chapter shall be deposited in the Real Estate Transfer Tax Fund, which Fund is hereby created. The Fund shall be subject to appropriation for only the following purposes within the Town or within one mile of the boundaries of the Town. However, it is the express intention of the Town of Vail that in any annual budget cycle the Town Council shall ensure that the fund can adeauateiv Ordinance fVo. 31, Series of 2006 1 satisfy the purposes set forth in suhsecti~ns one throuah four 11-4) below, and that the purposes described in subsections one through four (1-41 are in fact satisfied. prior to the Town Council's aonronriatinn of anv amount from the fund to be used for the purposes listed in subsection five (5). 1. Acquiring, improving, maintaining, and repairing real property for parks, recreation, open space and similar purposes. 2. The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land. 3. Landscaping parks and open space. 4. Th ~ ;:onstruction, maintenance, repair, and landscaping of recreation paths set forth in the Town Vail Recreation Trails plan as it may be amended by the Town Council from time to times ~t~ortina sustainable environmental practices as approved by the Town CouncilR w= ` -nay include but shall not be limited to expenditures related to: recvclina, forest and ~ .osvstem health, water auality~ air quality. noise, wildlife protection, natural ~urce arotection, alternative enerav technoloaies, enerav efficiency or anv similar purpose as determined nece~ssary for the Pnvironmental health and welfare of the Town of Vail, its inhabitants and its environs in the discretion of the Town Council. ~6. Paying incidental costs and principal of and interest on any funds borrowed for the purposes set forth in this subsection. B. Building Defined: For the purposes of this Chapter, building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of persons, animals, or property. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance Ordinance No. 31, Series of 2006 2 shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21S` day of November, 2006 and a public hearing for second reading of this Ordinance set for the 5`" day of December, 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 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19`h day of December, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk ordinance No. 31, Series of 2006 3 RESOLUTION NO. 1 SERIES OF 2007 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of January, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk RESOLUTION N0.2 Series of 2007 A RESOLUTION ADOPTING ART IN PUBLIC PLACES TEMPORARY ART PROGRAM; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council) have been duly elected and qualified; and WHEREAS, the Council has determined that artwork enriches the community by providing an outdoor art exhibition and creates an opportunity to showcase the sculpture of focal galleries that choose to participate in the program; and WHEREAS, a Temporary Art Program will allow artists and galleries to place artwork on Town owned property for a period of one year and for a fee of ONE THOUSAND DOLLARS ($1,000.00}; and NOW, THEREFORE, BE 1T RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Art in Public Places Temporary Art program dated March 1, 2007 is hereby adopted and shall be kept on fife in the office of the Town Clerk and may also be amended from time to time by resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vait and the inhabitants thereof. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2"d day of January, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail Resolution No. 2, Series 2007 ATTACHMENT A ART IN PUBLIC PLACES TEMPORARY ART PROGRAM GUIDELINES DATED MARCH 1, 2007 1. The Art in Public Places Board shall review all applications once a year. Applications can be obtained from the Ark in Public Places Coordinator. 2, The Board, at their discretion, may accept or reject the application for any reason, including public safety, subject matter, medium or to meet the goals of the program. 3. Temporary Art Application deadlines shall be March 1, beginning March 2007. 4. An annual fee of One Thousand Dollars ($1,000.00) will be charged to the artist and galleries to lease a Town owned space. The following is a revised list of temporary exhibition sites: a. South side of the Vail Transportation Center between the west and central entrances. b. Gore Creek Promenade (3 possible spaces}. c. Landscape plaza between the Town Library and Dobson !ce Arena. d. Willow Park. e. International Bridge (4 possible corners). f. Planter at east end of East Lionshead Circle. g. Applicant's suggestions. 5. All artwork shall be installed in the month of May. The applicant shall be responsible for the installation and all required signage. 6. These guidelines may be amended from time to time by resolution of the Town Council. t G ~1 s ~~riU~. TOWN OF VAIL TENTATIVE/DRAFT November 6, 2007 Election Calendar FYI: The Town of Vail Regular Municipal Election can either be a coordinated election with Eagle County or an At-the-Polls Election, which would be held at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, CO from 7:00 A.M. to 7:00 P.M. Terms Exnirin~: Rod Slifer 4 year term Kevin Foley 2 year term Kent Logan 4 year term Greg Moffet 4 year term* Kim Newbury 4 year term Greg Moffet won a 4 year term in the Nov. 2005 election; however he could only serve 2 of the 4 years. Hence, there will be 5 vacancies to fill on the town council at the November 6, 2007 regular election. Three terms will be for 4 years and two terms will be for 2 years. Candidates receiving the three highest number of votes shall be elected for four-year terms and the fourth and fifth highest votes shall be elected to two-year terms of office. Dates Eagle County Coordinated Town of Vail Election Election (separate) July 27, 2007 (Friday) Last day to notify County of participation in Eagle County Election (100 days prior) 1-7- 116(5) and 1-1-106-(4) August 6 (Mon) Last day to file an initiative petition with the Sec of State for 2003 Gen. Election (3 months) (1-40-108) August 7 (Tues} Earliest day a municipal candidate may circulate a nominating petition (91 days) (1-4-805) August 27 (Mon) Last day to file municipal candidate nominating petitions Aug 7 (Tues) Latest date for 15t reading to Latest date for ls` reading approve any ballot issues to be to approve any ballot issues placed on coordinated election to be placed election ballot ballot Aug 21 (Tues) Latest date fora 2"d reading Latest date fora 2nd to approve ballot issues to be reading to approve ballot placed on coordinated election issues to be placed on ballot election ballot Sept 7 (Fri) Last day to sign IGA to participate in coordinated election (60 days)(1-7-116(2} Sept 12 (Wed) Ballot arrangement of names of all duly nominated candidates (55 days) ~ Sept 12 (Wed) Certify ballot content. ~ Sept. 17 (Mon) First day nomination petitions may be circulated (31-10-302(2)(50 days) Sept 21 (Fri) 45 days Last day to file Pro/Con Last day for Pro/Con *deadline falls on Sat so statements statements (31-10-501.5)(45 Friday deadline date) days) Sept 25 (Tues) Last day to deliver to Eagle County C&R full text and title of any ballot issue notices Oct 5 (Fri) Ballots must be printed and in possession of Eagle Ctv C&R Oct 7 (Sun) Las day a person can move Las day a person can move into municipal precinct into municipal precinct in which they want to vote Oct 5 (Fri) * 30 day Last day nomination deadline falls on Sunday petitions can be circulated, so Friday preceding is signed and filed with deadline date) municipal clerk for regular election. October 5 (Fri} Last day to mail TABOR ballot issue notices (31-10- 501.5) Oct 8 (Mon} 29 days I ~ Last day to register to vote (31-10-203(2)) Oct 9 (Tues) 28 days Last day to give County Clerk registration sheets who registered with Muni Clerk Oct 12 (Fri) 24 days* Last day any person who has *falls on Sat so deadline accepted anomination - to is Friday withdraw from such nomination Oct 16 (Tues) 21 days I 1151 FCPA contribution report due from candidates Oct 16 (Tues) ~ )Appoint Election Judges Oct 25 (Thurs) 12 days Ballots must be in possession ofmuni. Clerk (31-10-902) Absentee ballot requests mailed out Early Voting Begins (31-10-1005) Oct 27 (Fri) 10 days* Written notice of election 10 days falls on Sat must be published and posted so Fri before election) (31-10-501) send to newspaper on Wed 10/24 i Oct 31 (Wed) I I List of registered electors due from County Nov 2 (Fri) Last day of early voting (31- 10-1005(1 & 2) Last day to request absentee ballot (31-10-1002) 2"d FCPA contribution reports due from candidates Nov. 6 (Tues) I Election Day I Election Day Polls open from 7:00 a.m. to 7:00 p.m. Dec 6 (Thurs) I I Final FCPA contribution report due from candidates TOWN OF VAIN Department of Police Memorandum To: Stan Zemler, Town Manager ~owu Council From: Dwight Henninger, Chief of Police Date: January 2, 2007 Subject: Conununications Center Update The Vail Public Safety Communications Center (VPSCC) was reorganized iu 1998 when the Colorado State Patrol dispatch center in Eagle stopped dispatching for the agencies in Western Eagle County. The VPSCC assumed service to western Eagle County adding to the responsibilities for dispatching police, fire and paramedics in the eastern portion of Eagle County. The VPSCC provides a state of the art emergency dispatch service similar to many large metropolitan centers. Most 911 phone calls are answered before the second ring, which would not generally occur in most big cities. The VPSCC services and technologies include: Computer Aided Dispatch, Enhanced 911, Phase II wireless phone service where GPS technology helps find the location of the caller, emergency medical dispatch services (pre-arrival of paramedics medical instructions), emergency notifications systems similar to Reverse 91 1, Emergency Broadcast System notifications to local radio stations, the highway AM 530 radio station, GPS locating of public safety responder vehicles, calls sent to responders on their mobile data in- vehicle computers, and the new RoamSecure text messaging system. Currently there are thirteen agencies participating in the Center. They are: Avon Police Department Eagle Police Department Minturn Police Department Vail Police Department Eagle County Sheriffs Office Eagle County Animal Control Eagle County Airport Fire Rescue Eagle River Fire Protection District Greater Eagle Fire Department Gypsum Fire Department Vail Fire and Emergency Services Eagle County Ambulance District Western Eagle County Ambulance District Plus monitoring of the following: Bond McCoy Volunteer Fire US Forest Service -Law Enforcement Every participating agency contributes to the Dispatch Services fund based upon the percentage of the total number of calls for service the Center handled averaged over the previous three years. The 2007 Town of Vail portion of the total cost is 37.6% or $536,347. (See the attached budget spread sheet for each agencies cost allocation.) Of the over $2 million dollar 2007 total budget, the County 91 l Authority, which is funded by a surcharge on telephone bills, pays over $541,000. The 911 Authority vests the Vail Public Safety Conumu~ications Center with the responsibility to manage the 9l I phone system for the entire Eagle County, including the El Jebel/Basalt area. This includes the funding of 6 dispatchers and a system engineer. Staffing is an ongoing concern for the Center, due to the high turnover of this type of position and the highly mobile community in Eagle County. In 2006, center staffing became a critical issue with as many as six vacancies. Issues that effect retention include the stress associated with handling critical emergency calls, daycare (and night care), shift work, housing and the cost of living in the Vail Valley. Currently the Center is staffed with one Communications Center Director who started on December 18, 2006, 5 supervisors, 8 dispatchers, 2 trainees, and 5 vacancies. Two vacancies will be filled by new-hires on January 15, 2007. In 2007, the 91 1 Board funded another dispatcher position based on the County's growth, so there is a fifth vacancy as of today. To compensate for the vacancies the center has been using employees on overtime at a rate of approximately 60 hours per week. This has created an additional burden and stress on the employees, but has made it possible to keep our levels of service at a high standard. I am not aware of any incident that was negatively affected by a lack of staffing or an employee being tired. During the last five months the VPSCC significantly increased print and radio advertising and offered a $1,000 signing bonus to new dispatchers. The result was over 50 applications reviewed and only five qualified applicants selected. This may be further indicative of a tightening labor market for employers, a trend emerging in other town positions. The VPSCC will begin advertising statewide and nationally in trade publications that have a greater reach then Eagle, Summit and Pitkin Counties. Relocating new-hires to this area will increase the strain on affordable housing in the region. The 2007 salary range for dispatchers is $18.72 to $23.43 per hour ($38,939 to $48,725 per annum), which is fairly competitive for our resort market. Centers in Garfield, Routt and Summit County are also experiencing personnel shortages. I have tasked our new Communications Director with aggressively seeking solutions to our personnel shortage. He is currently seeking out new and innovative recruiting and retention opportunities as long term solutions, including outreach to the Hispanic Community via La Tribuna newspaper and advertising in the 911 trade publications for lateral entryapp(icants. Additionally, during the next three months the dispatcher pay scales will be compared to the rates statewide, for potential adjustments. Ill COnClllslon, there are a numbe?- of staffing issues in the center that are being addressed and I am confident that they can be successfully resolved. I am also confident of the high level of service the center continues to provide to the citizens and guests of Eagle County. . , Communication Center Allocation Worksheet - 2007 Agency Allocation 2007 Flat 2007 Fee Capital 2007 Total 2006 Total Amount Percent Percentage Fee Allocation Reserve 5% Fee Fee Of Change Of Change Animal Control 0.52% 7,002.D3 350.10 7,352.13 6,942.71 $409.43 5.90% Avon Police Department 14.14% 5,500.00 190,356.47 9,517.82 205,374.29 191,758.47 $13,615.82 7.10% Bond Mcoy 0.00°/ 0.00 - 0 00 0.00 661.21 -$661.21 -100.00 Eagle County Airport Fire Rescue ~ 0.02°/ 5,500.00 269 31 13.47 5,782.77 5,764.48 $18.29 0.32% Eagle County Ambulance District 1 2.46% 5,500.001 33,080.10 1,654.011 40,234.111 35,823.09 $4,411.01 12.31% Eagle County Sheriffs Office ~ 32.78°/1 5,500.001 441 397.191 22,069.861 468,967.051 420..563.591 $48,403.461 11.51% Eagle Police Department 1 5.35%1 5,500.001 72,085.001 3,604.251 81.189.251 74.583.231 $6,606.02 8.86% Eagle River Fire Department 1 3.20%1 5,500.001 43,044.531 2,152.231 50,696.76 51,670.091 -$973.34 -1.88% Greater Eagle Fire ~ 0.86°/I 5,500.001 11,535.401 576.771 17,612.171 16,502.541 $1,109.631 6.72% Gypsum Fire Department I 0 56%1 5 500.001 7,585.53( 379.281 13,464.811 13,053.22) $411.591 3.15% Minturn Police Department ~ 2.033% 5,500.00 27,379.73 1,368.99 34,248.72 31,013.891 $3,234.831 10.43% United States Forest Service 1 0.00%I -I 50.381 2.521 52.901 70.201 -$17.301 . -24.64% Town of Vail 1 37.16%1 11,000.001 500,330.941 25,016.551 536,347.491 525,994.471 $10,353.021 1.97% Western Eagle County Ambulance 1 0.83%I 5,500.001 11,221.201 561 061 17,282.261 15,969.161 $1,313.101 8.22% ,TOTALSI 100%1 66,000.001 1.346.5441 67,266.891 1.478,604.711 1.390,370.351 $88,234.361 6.35° Total Budget for 2007 2,061,733.93 Less: 911 Authority Board Revenue (5 Disp and 1 Sups Positior 369,976.18 Less: 911 Authority Board Revenue 20,250.00 Less: 911 Funded IT Position 92,616.18 Less: 911 Funded New Dispatch Position 58,561.83 Less: County Funded Radio System Manager 107,785.53 Net Cost to Allocate 1,412,544.21 Overall User Increase for 2006 6.35% Agency Percent of Use 2006 Percentage 2005 Percentage 2004 Percentage 3 Year of Use of Use of Use Average Animal Control 0.52% 0.51% 0.65°/ 0.40° Avon Police Department 14.14% 14.21°/ 14.81 % 13.39° Bond Mcoy 0.00% 0.00°/ 0.04°/ 0.06% Eagle County Airport Fire Rescue 0.02% 0.02% 0.02°/1 0.02% Eagle County Ambulance District 1 2.46°/ 2.45%1 2.85%1 2.07% Eagle County Sheriff's Office 1 32.78°/1 35.77°/1 31.17%1 31.40° Eagle Police Department ~ 5.35%1 5.85%I 5.69%1 4.52% Eagle River Fire Department ~ 3.20%I 2.29°/1 3.93%1 3.37% Greater Eagle Fire 1 0.86°/1 0.81°/1 0.96%1 0.80° Gypsum Fire Department .1 0.56%1 0.51%1 0.73%1 0.45 Minturn Police Department 1 2.03%1 2.04°/1 1.90%1 2.16° United States Forest Service 1 0.00°/~ 0.00%1 0.01%1 0.00% Town of Vail 1 37.16 % 1 34.69%, 36.29°/ 1 40 49 Western Eagle County Ambulance 1 0.83%1 0.83%1 0.95%1 0.72% 1 100%I 100°/1 100%1 100% 1 /2/2007 - r a TOWN OF VAIL TENTATIVE/DRAFT November 6, 2007 Election Calendar FYI: The Town of Vail Regular Municipal Election can either be a coordinated election with Eagle County or an At-the-Polls Election, which would be held at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, CO from 7:00 A.M. to 7:00 P.M. Terms Exnirin~: Rod Slifer 4 year term Kevin Foley 2 year term Kent Logan 4 year term Greg Moffet 4 year term* Kim Newbury 4 year term Greg Moffet won a 4 year term. in the Nov. 2005 election; however he could only serve 2 of the 4 years. Hence, there will be 5 vacancies to fill on the town council at the November 6, 2007 regular election. Three terms will be for 4 years and two terms will be for 2 years. Candidates receiving the three highest number of votes shall be elected for four-year terms and the fourth and fifth highest votes shall be elected to two-year terms of office. Dates Eagle County Coordinated Town of Vail Election Election (separate} July 27, 2007 (Friday) Last day to notify County of participation in Eagle County Election (100 days prior) 1-7- 116(5) and 1-1-106-(4) August 6 (Mon) Last day to file an initiative petition with the Sec of State for 2003 Gen. Election (3 months) (1-40-108) August 7 (Tues) Earliest day a municipal candidate may circulate a nominating petition (91 days) (1-4-805) August 27 (Mon) Last day to file municipal candidate nominating petitions Aug 7 (Tues) Latest date for ls` reading to Latest date for 15` reading approve any ballot issues to be to approve any ballot issues placed on coordinated election to be placed election ballot ballot Aug 21 (Tues) Latest date fora 2"d reading Latest date fora 2n° to approve ballot issues to be reading to approve ballot placed on coordinated election issues to be placed on ballot election ballot Sept ? (Fri} Last day to sign IGA to participate in coordinated election (60 days)(1-7-116(2) 9 Sept 12 (Wed) Ballot arrangement of names of all duly nominated candidates (55 days) Sept 12 (Wed) ~ Certify ballot content. ~ Sept. 17 (Mon) First day nomination petitions may be circulated (31-10-302(2)(50 days) Sept 21 (Fri) 45 days Last day to file Pro/Con Last day for Pro/Con *deadline falls on Sat so statements statements (31-10-501.5)(45 Friday deadline date) days) Sept 25 (Tues) Last day to deliver to Eagle County C&R full text and title of any ballot issue notices Oct 5 (Fri) Ballots must be printed and in possession of Eagle Ctv C&R Oct 7 (Sun) Las day a person can move Las day a person can move into municipal precinct into municipal precinct in which they want to vote Oct 5 (Fri) * 30 day Last day nomination deadline falls on Sunday petitions can be circulated, so Friday preceding is signed and filed with deadline date) municipal clerk for regular election. October 5 (Fri) Last day to mail TABOR ballot issue notices (31-10- 501.5) Oct 8 (Mon) 29 days Last day to register to vote (31-10-203(2)) ` Oct 9 (Tues) 28 days Last day to give County Clerk registration sheets who registered with Muni Clerk Oct 12 (Fri) 24 days* Last day any person who has *falls on Sat so deadline accepted anomination - to is Friday withdraw from such nomination Oct 16 (Tues} 21 days I I 1 S` FCPA contribution report f due from candidates Oct 16 (Tues) ~ ~ Appoint Election Judges Oct 25 (Thurs) 12 days Ballots must be in possession of muni. Clerk (31-10-902) Absentee ballot requests mailed out Early Voting Begins (31-10-1005) Oct 27 (Fri) 10 days* Written notice of election 10 days falls on Sat must be published and posted so Fri before election) (31-10-501) send to newspaper on Wed 10/24 Oct 31 (Wed) ~ I List of registered electors due from County Nov 2 (Fri) Last day of early voting (31- 10-1005(1 & 2) Last day to request absentee ballot (31-10-1002) 2"d FCPA contribution reports due from candidates Nov. 6 (Tues) Election Day I Election Day Polls open from 7:00 a.m. to 7:00 p.m. Dec 6 (Thurs) I (Final FCPA contribution report due from candidates