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Home My WebLink About2007-04-03 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:20 P.M., TUESDAY, APRIL 3, 2007 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. Lorelei Donaldson ITEM/TOPIC: Building & .Fire Code Appeals Board (B&FCAB), Design .Review Board (DRB), Planning .and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. (60 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint one applicant to the B&FCAB for a term of five years (through March 31, 2012). 2) Appoint three applicants to the PEC for a term of two years each (through March 31, 2009). 3) Appoint two applicants to the DRB for a term of two years each (through March 31, 2009). 4) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2010). BACKGROUND RATIONALE: There is currently one vacancy for the B&FCAB, three vacancies for PEC, two vacancies for DRB and three vacancies for AIPP. The Town received one application for the B&FCAB; four (4) applications for the PEC; four (4) applications for the DRB vacancies and eight (8) applications for the AIPP. Incumbent members of the B&FCAB, PEC, DRB, and AIPP are noted by asterisks below. It is requested that the Town Council interview each applicant at the work session and then appoint one applicant to the B&FCAB, three applicants to the PEC; two applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants are as follows: PEC: DRB: Lynn Fritzlen Thomas R. DuBois Brian Gillette Brian Gillette William B. Jewitt"' Michael D. Kurz 6&FCAB: Mark Mueller* William Pierce Mildred "Jay" Raiola AIPP: Barbie Christopher* John Cogswell Lisa Guzman Bethany L. Haynes Pam Hopkins" Rayla J. Kundolf Mark Le Varn Bill Rey* I have enclosed an attendance summary for each board (except for the B&FCAB, which meets very infrequently) for your review, as well as possible questions to ask the applicants. RECOMMENDATION: Appoint a total of one member to the B&FCAB to a five year term; three members to the PEC for two- year terms each; two members to the DRB for two-year terms each; and three members to the AIPP for three-year terms each. 2. Matt Mire ITEM/TOPIC: Executive Session, 402 4 b pursuant to: C.R.S. § 24-6- ( )() - To receive legal advice on specific legal questions, regarding employee housing /and pending /threatened litigation. (20 min.) 3. George. Ruther ITEM/'1'OPIC: PEC/DRB Update. (15 min.) 4. George Ruther . ITEM/TOPIC: Ordinance No. 7, Series of 2007. An ordinance Nina Timm amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23, entitled Commercial Linkage, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL:. Approve, approve with modifications, or deny Ordinance No. 7, Series of 2007, on .second reading. BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends. that the Town Council approves Ordinance No. 7, Series of 2007, upon second reading. 5. George Ruther ITEM/TOPIC: Ordinance No. 8, Series of 2007. An ordinance Nina Timm amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary Zoning, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 8, Series of 2007, on second reading BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and Inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 8, Series of 2007, upon second reading. 6. George Ruther ITEM/TOPIC: Ordinance No. 9, Series of 2007. An ordinance Nina Timm repealing and re-enacting Chapter 12-13, Employee Housing, Title 12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing regulations; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2007, on second reading. BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and Inclusionary zoning as toots to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends -that the Town. Council approves Ordinance No. 9, Series of 2007, upon second reading. 7. George Ruther ITEM/TOPIC: A resolution establishing the "2007 Payment Of Fee-/n Nina Timm Lied' fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations, Vail Town Code; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF .COUNCIL: Approve, approve with modifications, or deny Resolution 6, Series of 2007. BACKGROUND RATIONALE: On April 3, 2007, the Vail Town Council will be considering the adoption of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee-in-lieu option exists for mitigating required employee housing. The purpose of this resolution is to establish the "2007 Payment Of Fee-in-Lieu"fee. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Resolution 6, Series of 2007. 8• ITEM/TOPIC: Information Update. (10 min.) 9• ITEMlTOPIC: Matters from Mayor & Council. (10 min.) 10• ITEM/TOPIC: Adjournment. (3:50 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, APRIL 17, 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. MEMORANDUM TO: Town Council FROM: Lorelei Donaldson DATE: March 29, 2007 SUBJECT: Appointment of members to the Planning and Environmental Commission (PEC); Design Review Board (DRB); the Art in Public Places (AIPP) boards and the Building & Fire Code Appeals Board (B&FCAB); There are currently three vacancies for PEC, two vacancies for DRB; three vacancies for AIPP; and one vacancy for the B&FCAB. The Town received four (4) applications for the PEC; four (4) applications for the DRB vacancies; eight (8) applications for the AIPP; and one (1) application for the B&FCAB. Incumbent members of the PEC, DRB, AIPP, and B&FCAB are noted by asterisks below. Also, for clarification purposes, Barbie Christopher has served two three-year terms (plus three months) on the AIPP and is eligible to serve an additional one year and nine months out of the three-year term if reappointed due to eight year term limits. It is requested that the Town Council interview each applicant at the work session and then appoinf three applicants to the PEC; two applicants to the DRB; three applicants to the AIPP and one applicant to the B&FCAB, at the evening meeting. The applicants are as follows: PEC: Lynn Fritzlen Brian Gillette William B. Jewitt* Michael D. Kurz B&FCAB: Mark Mueller" DRB: Thomas R. DuBois Brian Gillette William Pierce Mildred "Jay" Raiola AIPP: Barbie Christopher* John Cogswell Lisa Guzman Bethany L. Haynes Pam Hopkins'` Rayia J. Kundolf Mark Le Varn Bill Rey* I have enclosed an attendance summary for each .board for your review (except for the B&FCAB which meets very infrequently), as well as possible questions to as applicants for each board. The Town Council needs to appoint a total of three members to the PEC; two members to the DRB, three members to the AIPP and one member to the B&FCAB. Page 1 of 1 Lorelei Donaldson -PEC Position From: "Lynn A. Fritzlen" To: Date: 3/26/2007 4:25 PM Subject: PEC Position CC: , "William F. Pierce" Lorelei, Please let this communication serve as my application to the Planning and Environmental Commission. Thank you. Lynn Fritzlen AIA l~a~itrl~n ['iea~ce Arclaiteet 1650 East Vail Valley Drive Fallridge C-1 Vail, Colorado 81657 P 970-476-6342 ext: 20 F 970-476-4901 Email: lynn@vailarchitects.com 11'\-t'Lh~,~V<"111~1'C1111:(;C~$.CL'~IT'1 file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4607ESE... 3/29/2007 CONSTRUCTION March 10. 2007 Lorelei Donaldson Vail To~~n Clerk 75 South Frontage Road Vail_ Colorado 81657 RE: March 8, 2007 Press Release DRB and PEC Board Vacancies Dear Lorelei Donaldson: I am writing to express my interest in filling a vacancy on either the Planning and Environmental Comrr=.ission or the Design Review Board. Please find a brief description of my experience below: BRIAN GILLETTE graduated from the University of Colorado at Boulder with a Bachelor of Science degree in Business Administration in 1994. Gillette started with George Shaeffer Construction Company in .1995 as a carpenter. Quickly advancing to the position of site superintendent, Brian constructed a number of homes throughout the valley. Many close relationships with subcontractors and vendors were developed over these years. Gillette was sen-ing in the capacity of both site superintendent and project manager by 2003, responsible for the buyout, budget management, scheduling, and quality control of each project. Gillette was chosen to head Shaeffer's preconstruction service efforts in 2003. He was responsible for their marketing, initial client contact and contract negotiation. Gillette worked closely with the ~ arious architects on esrirnating, value engineering, and job cost accounting. Additionally, Brian supen~ised staffing, information technology, insurance procurement, and other duties relating to Shaeffer's operations. Gillette left George Shaeffer in November 2006 to start Gillette Construction. Brian lives with his wife and two young daughters in Vail, Colorado. I appreciate the Council's consideration. Sincerely. Bran Gillette Dice: (970) 390-798fl bri an_gi[iette;a.: gif tetYel{c.com March 12, 2007 Vail Town Council Gentle People, Please accept this letter as indicating my desire to continue to serve on the TOV Planning and Environmental Commission/ Sincerely, ~~~T William B. Jewitt 4682 Meadow Drive, #34 Vail, CO 81657 970-476-2927 March 22, 2007 Ms. Lorelei Danielson, Town Clerk Vail Town Council 75 South Frontage Road Vail, Colorado 81657 Dear Lorelei: I'm writing you to express my interest in and present my qualifications for service as a member of the Town of Vail Planning and Environmental Commission (PEC). My wife and I have been property owners in Vail since 1995 and full-time residents since 2002. I have also owned and operated a business. in Vail since 2002. Since 1973, I have been involved in brand development working with a mix of large and small, local and national firms on both the client and ad agency sides of the business and have contributed to the success of more than 30 brands ranging from large real estate developers (Phillip Morris' Mission Viejo Corporation) to serving as a VP Marketing with Pulte Home Corporation among other related industries. I have also served as a member of the Board of Directors of the Madison Hill community in Denver's Cherry Creek North neighborhood from 1993 - 2002 and the Board of Directors of the Mountain Meadows community in East Vail from September 2002 to February 2007. My resume is attached to provide you with a quick summary of my business background. I believe my three and a half decades of experience in brand development and the commitment we have made as a family to Vail (as you know, my wife, Kelli McDonald is your new Economic Development Manager), will provide the PEC and the town with a knowledgeable, concerned, analytical and outwardly-focused point of view. Thank you for your consideration. Sincerely, f ~~ .~~ Michael D. Kurz Att: Resume, M. D. Kurz MICHAEL D. KURZ 4682 Meadow Drive, #34 Vail, Colorado 81657 Ph. 970-479-0196/Cell 970-390-3115 michael@lanibrand. com OBJECTIVE Making a significant impact with an organization that competes aggressively, values creativity, performs above expectations and holds its head high. QUALIFICATIONS More than thirty years of successful, award-winning brand development work for local and national advertising agencies and clients. SPECIALTIES Brand/Business Development Strategies Integrated Marketing Program Development Multi-Cultural Marketing Copy/Script Writing Team Leadership Broadcast Production/Direction WORK HISTORY Apr `98 -Present CEO & Creative Director -Kurz McDonald Brand Development, Vail Jun `93 -Apr `98 Associate Creative Director -Lance Jackson & Associates, Inc., Denver Sep `89 -May `93 VP Marketing - Pulte Home Corporation, Denver Nov `85 -Sep `89 VP Marketing -Capitol Federal Savings, Denver Mar `83 -Oct `85 Managing Partner/Senior Writer -Kurz Wade/DVF Advertising, Denver Dec `81 -Feb `83 Director of Marketing/Rocky Mountain Region -Warner-Amex Satellite Entertainment Co. (MTV, Nickelodeon, The Movie Channel) Oct `79 -Nov `81 Account Supervisor -Tracy-Locke/BBDO Advertising, Denver Jan `78 -Oct `79 Account Executive/Copywriter -Haddon Advertising, -Chicago Apr `75 -Jan `78 Assistant Advertising Manager -Continental Illinois National Bank & Trust Company of Chicago Dec `73 -Apr `75 Sales Promotion Manager - QONAAR Security Systems, Inc., Chicago EDUCATI01~1 Bachelor of Arts/Psychology, Dec `73 -University of Illinois/Chicago MILITARY SERVICE U. S. Army, Jan '68 -Dec `70 PORTFO L [O/RE FERENCES A complete creative portfolio and list of references are available upon request. Planning Environmental Commission Attendance, 2006 Meetin Date Attendee Dou Cahill Chas Bernhardt Rollie K'esbo Anne Gunion Bill Jewitt Dick Cleveland Bill Pierce A ril 10, 2006 X X X absent X X X A ril 24, 2006 X X X X X X X Ma 8, 2006 X absent X X X X X Ma 22, 2006 X X X absent absent X X June 12, 2006 X X X X X X X June 26, 2006 X X X absent X X X Jut 10,2006 X X X X X X X Jul 24, 2006 X X absent X X X X Au ust 14, 2006 X X X X X X X Au ust 28, 2006 meetint cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd Se tember 11, 2006 meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd Se tember 25, 2006 X X X X X X X October 9, 2006 X X left 3:15 X X X X October 23, 2006 X X X X X X X November 13, 2006 X absent X absent X X X November 27, 2006 absent X X absent X X X December 11, 2006- X absent X absent X X X December 25, 2006 c meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd meetin cx'd Janua 8, 2007 X X X X X X X Janua 22,2007 X X absent X X X X Februa 12,2007 X X X X absent X X Februa 26, 2007 X X X absent X X X March 12, 2007 X X X X X X X March 26, 2007 X X X absent X X X TOTAL 1 3 2 8 2 0 0 Thomas R Du Bois March 19, 2007 Town Council Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Town Council, I would like to be considered for appointment to the Design Review Board. I have been a resident of Vail for nearly 7 years and am a licensed architect, owning my own firm for the past year and a half with an office in East Vail. Having been, and continuing to be, a "consumer" of the Town's entitlement process, I have a thorough understanding of the Town Code in general and the Design Review Guidelines in particular. I am excited about Vail's renaissance and feel my experience will be invaluable in preserving and enhancing the essence of the community and arriving at fair, equitable and respectful decisions in all matters brought before the Board. Thank you for your consideration. Sincerely, Thomas R. Du Bois PO Box 4118 tel.• 970-477-1969 Yarl, CO 81658 trdubois@attnet Thomas R. Du Bois 970-477-1969 PO Box 4118 Vail, CO 81658 trdubois@att.net EDUCATION: Washington University in St. Louis St. Louis, Missouri Bachelor of Technology in Architecture 1986 PROFESSIONAL REGISTRATION: Licensed Architect Colorado Missouri PROFESSIONAL EXPERIENCE: Illinois TrD architects Vail, Colorado President Se t 2003 -Current ^ Responsible for all aspects of owning and managing an architectural firm Fritzlen Pierce Architects Vail, Colorado Director of Architecture Ma 2000 - Se t 2003 ^ Responsible for managing condominium redevelopment, commercial, municipal and large scale, custom single-family residential projects throughout the Vail Valley -coordination with clients, Planning, Zoning, Design Review and Building Officials, allied disciplines and consultants -responsible for contract negotiations between clients, consultants, contractors ^ Responsible for managing a professional staff of 12 -staff scheduling and budgeting -intern development -establishing and maintaining technical standards -drawing coordination and review, specifications, construction administration ^ Responsible for Marketing -identifying potential markets and clients -fee proposals, RFPs, RFQs The May Department Stores Company St. Louis, Missouri Director of Construction Planni Ma 1994 - an 2000 ^ Managed the planning of multiple projects nationwide from inception to completion -prepared and maintained project budgets -prepared design and construction schedules -negotiated and coordinated with developers -coordinated with local Planning, Zoning and Building officials ^ Managed outside architectural, engineering and allied consultants in the preparation of design and construction documents -negotiated and prepared consultant service agreements -conducted drawing and specification reviews and coordinated between all project consultants and internal departments PROFESSIONAL EXPERIENCE continued: -_ _ ---- The May Department Stores Company -continued ^ Managed the project bidding process -solicited and reviewed competitive bids from invited General Contractors -identified cost savings items as required to .maintain budget and schedule ^ Responsible for the planning of five to seven new department stores each year -sizes ranged from 150,000 sf to 300,000 sf with budgets ranging from $18 -$40 million each ^ Responsible for the planning of six to eight department store expansion/remodels each year -affected areas ranged from 20,000 sf to 200,000 sf with budgets ranging from $8 - $15 million Casco Corporation St. Louis, Missouri Project Manager Sept 1990 -May 1994 ^ Managed a production team of 10 project architects for various nation retail projects ^ Coordinated construction documents with all in-house engineering and allied disciplines ^ Developed and maintained "prototype" drawings for a national retail client ^ Established and managed a major store remodeling program for a national retail client Chiodini Associates St. Louis, Missouri Project Architect Nov 1988 -Sept 1990 ^ Responsible. for. the preparation of construction documents for retail and commercial projects: -hotels, shopping centers, medical offices, banks, grocery stores ^ Surveyed existing buildings and prepared as-built documents for major remodel projects. ^ Performed on-site construction observation and contract administration Sorkin Ginsberg & Associates St. Louis, Missouri Project Architect Oct 1986 -Nov 1988 ^ Responsible for the preparation of construction documents for retail and commercial .projects: -recreation centers, health clubs, park facilities, churches, schools ^ Surveyed existing buildings and prepared as-built documents for major remodel projects Jack H. Tyrer, Architect St. Louis, Missouri Architectural Intern Oct 1981- Oct 1986 ^ Responsible for the development and preparation of plans, elevations, sections and details PROFESSIONAL ACTIVITIES: ^ Member, American Institute of Architects ^ Member, Town of Vail Building and Fire Code Appeals Board ^ Member, Eagle County Zoning Board of Adjustment ^ Consulting Architect, Cordillera Valley Club Design Review Board ^ Member, Board of Directors, Vail Racquet Club C-wners Association COMPUTER SKILLS: ^ AutoCAD, Microsoft Office, Word, Excel, PowerPoint, Lotus ~.Y[~,L~T'TE LLB' CONSTRUCTION Mazch 10, 2007 Lorelei Donaldson Vail Tovcm Clerk 75 South Frontage Road Vail, Colorado 81657 RE: Mazch 8, 2007 Press Release DRB and PEC Boazd Vacancies Deaz Lorelei Donaldson: I am writing to express my interest in filling a vacancy on either the Planning and Environmental Commission or the Design Review Boazd. Please find a brief description of mY experience below: BRIAN GILLETTE graduated from the University of Colorado at Boulder with a Bachelor of Science degree in Business Administration in 1994. Gillette started with George Shaeffer Construction Company in 1995 as a carpenter. Quickly advancing to the position of site superintendent, Brian constructed a number of homes throughout the valley. Many close relationships with subcontractors and vendors were developed over these yeazs. Gillette was serving in the capacity of both site superintendent and project manager by 2003, responsible for the buyout, budget management, scheduling, and quality control of each project. Gillette was chosen to head Shaeffer's preconstruction service efforts in 2003. He was responsible for their mazketing, initial client contact and contract negotiation. Gillette worked closely with the various architects on estimating, value engineering, and job cost accounting. Additionally, Brian supervised staffing, information technology, insurance procurement, and other duties relating to Shaeffer's operations. Gillette left George Shaeffer in November 2006 to start Gillette Construction. Brian lives with his wife and two young daughters in Vail, Colorado. I appreciate the Council's consideration. Sincerely, IIL~n'~- Brian Gillette Voce: (970) 390-7981 brian~illette@gillettellc.com 1'i,1t trr1 ~'z~_~t: f;a:~~ ?421 1 { ~ ~n,~E ~ ~ C~.~, -. ~ ,. '~, ~~~, ill"~:;~'9iI:#'f:1: c=rt;e, ,°ar~~'~ t~ to a{ ,.p,y ~~, ~:; 8;,, bfiar.a<;~:~ March 23, 2007 Vail Town Council Attn. Lorelei Donaldson, Town Clerk 75 S. Frontage Road Vail CO 81657 RE: Appointment to the Design Review Board Town Council Members FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO I would request that you permit me to continue my service to this community as a member of the Design Review Board. I am currently a member of the Planning and Environmental Commission and am pleased to remain so if the Council finds suitable applicants for openings on the Design Review Board. I have served on the Design Review Board for more than a decade and fee! that the efforts of the Design Review Board have contributed significantly to the success of Vail. I am familiar with most of the Town's zoning regulations through my involvement with the Planning and Environmental Commission and Design Review Board and the daily operation of my architectural business. In addition to my service as a Board Member, I was employed by the Town of Vail as the Design Review Board Administrator when the Design Review process was initiated in the Town of Vail in the 1970's and I also served as Chief Building Official of the Town of Vail from 1976 to 1978. Re~pe ;ffully.~3ubmitted, f ~ ,:•"' e 4 ~ ~~i`fliam Pierce, Architect FRITZLEN ~~;,~ F,st l~~~ii ~I~;iey Ci;iuG, Fallld~e C 1, PIERCE VGsil, t~c~l~rrrt~io £3E~5~ i': 97U.4~i~i.r~342 L: 97C~.h7~a. ;~(J1 _"`"...", I': ir~fC)F?>vaikarc:~it:icati>,c:<~rn bYY:i~SY.'l ill "C~^~ft~FCf:S.CCslYl Page 1 of 2 Lorelei Donaldson - Re: Design Review Board From: "Jay Raiola" To: "Lorelei Donaldson" Date: 3/12/2007 11:05 AM Subject: Re: Design Review Board Thank you for your reply. The reason you did not find my voter registration is that my legal name is Mildred J. Raiola, I'm sorry I didn't remember to mention that.:) Following is my revised letter of interest signed with my legal name. Thank you, & please let me know if you need anything else. I am writing to express my interest in serving on the Design Review Board. I understand and am able to meet the obligations and time commitment, as I am aself-employed with a flexible work schedule. I have lived in Vail since 2000 and in Edwards since 1984. I recently built a home in Vail and so have an understanding and appreciation of the mission of the Planning Department. My professional background is in law enforcement, where I worked as a police officer (Orange County, CA.1983- 1984 and Town of Vail 1985-1987), then as a probation officer for Eagle County (1988-2001). Currently, I stay active in the field by conducting statewide training for the CO. Division of Criminal Justice on a part-time basis, but my main career focus is as a real estate broker. I have been licensed since 1991 and currently operate my own brokerage, My Mountain Realtor. It's not often that my diverse professional experiences seem to blend, but my knowledge of local real estate and my ability to maintain objectivity when dealing with various people and circumstances would suit me well to be a member of the Design Review Board. Please contact me if you need. additional information or references. Thank you for your consideration. Mildred (Jay) Raiola 1807 Alpine Drive Vail, CO. 81657 970-477-1984 jay.rai_ola~earthlnk,net Jay Raiola jay.raiola~earthlink.net ----- Original Message ---- From: Lorelei. Donaldson To: jay.raiola@earthlmk_.net Cc: George. Ruher Sent: 3/12/2007 9:06:06 AM Subject: Re: Design Review Board Dear Mr. Raiola, I am in receipt of your email below. I have attached a copy of the public notice for the Design Review Board and the qualifications necessary. I contacted Eagle County and you are not a registered voter in Vail, and therefore, do not qualify to apply to be a board member at this time. Please contact me if you have any further questions. Please resubmit your letter of interest for this or any other board that may be of interest to you in the Town of Vail once you have met the qualifications. Thank you very much for your interest. Sincerely, file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\45F525C... 3/12/2007 Design Review Board Attendance, 2006 Meetin Date Attendee Pete Dunnin Mar aret Ro ers .Sher Dorward L nn Fritzlen .Mike Dantas A ril 5, 2006 X X X absent X A ril 19, 2006 absent X X X X Ma 3, 2006 X X X absent absent Ma 17, 2006 X X X X X June 7, 2006 X X absent X X June 21, 2006 X X X X X Jul 5, 2006 X X X absent X Jul 19, 2006 X X X X X Au ust 2, 2006 X X X X X Au ust 16, 2006 )( X X X X September 6, 2006 X X X X X Se tember 20, 2006 X X absent absent X October 4, 2006 meetin cancelled meetin cancelled meetin cancelled meetin cancelled meetin cancelled October 16, 2006 X X X X X November 1, 2006 X X X X X November 15, 2006 X X X absent X December 6, 2006 X absent X X X December 20, 2006 X X X X X Janua 3, 2007. absent X X X X Janua 17, 2007 absent X X X X Februa 7, 2007 X X X X X Februa 21, 2007 X X X X X March 7,2007 X X resi ned resi ned X March 21, 2007 X X resi ned resi ned X TOTAL 3 ~ 2 5 1 Barbie Christopher 2550 Bald Mountain Rd Vail, CO 81657 26 March, 2007 Lorelei Donaldson Town of Vail 75 South Frontage Rd West Vail, CO 81657 Dear Ms. Donaldson, My appointed term to the Art in Public places Board is coming to a close. I have enjoyed my experiences with the Board and would like to be considered for another term. I would like to have the opportunity to continue on the AIPP board in order to work toward the completion of improvements on East Meadow Drive and the Front Door project, as well as Bighorn Park and the art components of new developments. I would also like to be involved with originating new programs and projects. Thank you for your c~onsideraticnL Yours truly, Barbie Christopher Page 1 of 2 Good morning Lorelei, am writing th submit my name as a candidate for the board seat currently vacant on the Art in Public Places Board. I have resided in Vail since 1976 and own real estate in both Vail Village and the Sandstone area of Vail. I am current owner of The Squash Blossom, Inc in the Lodge Promenade and Cogswell Gallery in the Creekside Building abng Gore Creek Promenade. I have participated in installation sales of fine art for the past thirty-two years. Attached to this email is a two-page article from our most recent store catalog. Please contact me with any questions. Sincerely, ~~ John G. Cogswell President Cogswell Gallery 223 Gore Creek Dri Vail, Colorado 81657 866.476.1769 1`~e `,~,a't Po~a:,:~m ~ X48. _'.u~ S~Sv, her ~_~,~:Iwd . ~a- n.~~ 'w ~ ,.~~~1,,lir., ., .,~d ailr.- and ~l~.re ~ ._ ...trui,~ ,rI 4 ~ ~:~ - ~ z .:. _ ~ ~ .. -. ~~~ i ~a -.i,.+ try.., ~'uxr ~eiralry ~.rt. ~i1~"~ A~sil t. ['tylux.lF+~{+rinq~ _ 14B C,nrt Crwek grave • 4Miw. CA 8 Eb57-- ~- -_ 47C.47b 3129 •$40.3:3.2339 squzt:^61ssarr3»vasuget <524 N/exs CcMrtao+lvaiue • Coporaalo Spv~~p,CO 9340'! ~~~9_eaz. ~ e99 sc~~4uasl~~saom s~ ww'W S¢~,~d}(7 r''ri. S}tl~3,CAbl t_'CI~.~Zt~~~f-jfl~~'-~ ?3 Fats C.y~n f`rata Jaui C'ak~`sr#a A~ 5.i7 '. 4?r3 f76 t 76Q cogsveigasier'v.kcawescr~ vmw:cagswc°'gaacry.cam 3/28/2007 Page 2 of Z 9 ~, ~ ~ ;~ , fl ; ~ 7 ~ ~ ~ "Y ... ¢ ~ -~..t 4 ~"- ` ~ i ~ ~. fa d ~ { ~ ~~ 7 tY t ~ ._. ._. .. i _ . ` • t . , _. 1 F % F~ cr~s3.t~t{~~a 1973 ~'"'lver thirty years a~~, newiyw?ds John and braught Patti, and John r~o~~e succe3s than tt~r~y Pat#i Cags~rrell ~;ot the idea to open The ever co~:ld have an*_icipated in their early 2(}s. Souasn ~Ir~sstam fr-rn~ a visit by John's Uncle 1n I9i6, the Ccgswetls acqu~reC 1f~e Sq~:sf~ 'JV3ton. The ~t~gswells han just finished r_olleKe Blpssom in Vail. Durir~~ this exciting tirrre,V:il Re- when hnde'v~~itor~ sl~,~~ved ~°hem ris ccl'ection sorts vitas still in its ear#y gages of devciopmer,t - of !~:ative Arnerivan turquoise je~~lry and gave but the C:ogsYveils ~-ecagrized the rescx't's bur- Patti a t~r:,uorse ' ¢eonir~g aoterttial. heishe neckl re. ~h{~ unique re- Socr, ti'ter' ,n sort carr~r, ~un~ty 19'3, the tit '.vas ~;rc°,~in~, ~~gs,rr2 is in'J?~i' began to c~~E:r~=c1 t~~t~ fi,-s, ,ittr~+.ct a soph.ist;- st;.,r~, I he Squash cats°d clientele. E3ibssor~ in Coi~ Sc, in t g~C the c:ratjG S~r"r'u5 ~, _ C; -~s~.,, de- Tf~r•ir f rst hi i ;i- Udcci Lot ,{,.:a ~d ness tri:, ~r..~s ,{ ,o t'~tiir b.~sin~,ss cne .hr;ir ~~to~,ev"~~oon r^,os'€:' imf~ an.~ t~.vc~-.~:e~f., ,1~,_ c~pFr t!~e `!~ st fire '~4s,1~ r~ ~•-~ .tk ._ ai ~.Ile'~y iR L~F~ i w1at;~C.l~} H~~~~ a~~d. ~~[~tl ~ ~Iley ZUT11 Resew.- ~o,~;swel! {~aller'•r tiorFs ~ 11rd~~~ith Like The ~;<~,i:~sh tic '.h• i c~.f ; r~- ~?Icssom, ccsvr ~ -~; Af`Fr Fx- Cog,w'el~ CaNer~y h~us::n? their ~: I,~ :~ i~u~~~;f~-,;ohn and rant trpresErt~~~i a vvid4 va ety a~`vVe~~ern end Nat ,~~°uurred hc~s~e ~wi;h `ut°qu~a;;e je~r~~ery, Sru:~}-~ :iwc f'~rr~r~ric ~~ ~:r-tist; ~.~r.r~ arttfr~c~s 1c•dv L~,)€7~SC{Tl !>r? K~?~~`j;, F' ;;~'llrl%15, T(?L't f3GttB1";J~I`i4: ~~- C~;~jbW'PII ~l~r;llt?r~~ 5. InVC_'itt(JI j~ ~~'KI'tI~C".' $ ~4~~..'C."~c~:,3.t' Vk'r''tll."'~ Cc}ntinl:'GCj ~~'c'I' k~i'yt~rtd t~`?5 ~jt''_t trl~ ~nf~ If,r° ~71t ''1k; C>s~'1V'C<.'i.Cr'n f,t''~'l.'C' :~CkiSt", It"~~J`!?.'aStC~i'ttSt 3/28/2007 March 2'~,2U07 Attxt: ,Ax4 ifl I'ub~ic Places Board C/t7 I,vrelvi Donaldscsn I azn. writing in x'~gards to the Art ita ~'ublia Places Boatel apettings. T moved t~ the vallay August of BOOS, and reside in East Vajl with my fam.i.ly. I' zelocatcd frarn, F]'ermosa $each, Cali~orr~.ia. I,liave been. in years past, tluough my invalve~-or,t in educa,tican, a part Q f vatiotts att organizations and cnntrni.ttees as well as taught Inidd.Je scYtc,a1 art. Upo~i moviri.g iv Vail, l have Found to miss my c~+tuJmunity invol~vernent, and .miss the ari scene southexn Caltforxtia I~as is afI'et, X ~rauld lil€e to get iyxv'olved in the Vail oornxnun.ity and become a Part of the cvrnmunaty art ~mjects ~.ttd foster an awatcttess oI' a~-t, and all.o~v Vail to becotxtc rrtors alive through shah means. I Job:k forward. tv meetYng the curre~7.t and P~~ospect~vc Art in Public Places Board matnbers and bccomirtg $ gait of gttc}t an imlaortant board_ Thank Yo ~~ ~ Lisa Civz r-aai ^ Surf 1~oard Art Pt'o~cct, benefiting Hermosa $eaGh City Schaal District. ~atlery C, C~allexy Azt Dpc~ing Bvcatts I'articipa;ht/ Cegrdi.~ator + S]eepy i~ollow Wine ~ Art, participant! Coarciinatar Gal.Xazy/Art V1~a1k I~erm~sa Reach eza-~ ao~~o~d v~5-~, _WO~~ ma9¢:ba ~o-8z-~~w Lisa Nicof~ G~xman Pd BOX I69$ veil, Colorado 81fi$S ]~a {970}79_0444 C: ('320)469-846$ !- zm t l ail, ~~ ~ 8N8 .. X $/95~ 4/97 Wptern N?tchigae tJttivcrsl Kale 89 ~ondRry,lsdBcatfnh tY, marotr, Mlchigsn M~Ior. Barth 3aioncc sod BinlogY Minor: 8ttvironmcrtta} Studies ~x~8xi~lyc>;~ - 1/07- Current Millennium Bann, $alwards Calc+rttdo !'Rr4o-tvl BaaR,~r 0/06- i,,~/til5 Mit~turq 1'Vt';ddTe Schaot, Minturn Colprt~dtr Sc(crHce, Matta cti's Wrllitag ~'eoc/-ol' tr+tties: t;~h Cradi2 Math and Scicncq TGachcr. 8103-6105 f'larmosa VatlrySchoo>, Hermosa Bnaeh California , Sri~ts, p-~.,,4l~a~a Te:acf-~r, .Yvttr{g cu Art C~irdGataror DoKe~ G`" [t~~adc EarNt 5aicricq 8'h Gradm Pre-Algebra <~' ' 7 Qtadc Cuteriat, workCd with b'~ Ct~de taarn tp ereato tinily, wmckly, monthly and ea l l , y r y esson plt>ro and gopls. , M'arttafncd a positfve• god fi~cssflti Itarning I3nvirnnrtisnt through conststonty, Ilexibllity, acid undertaandin,g, i3akublishcd en cxcollcttt rapport y+uich s3rc r Yt p s aid eommunrty Mcmlacrs, Contdinat¢d Young at Ark PYO gr3m. Outdoor Soiencc Scltaai Coordinator, 4IrIS BaskctbalJ Coach.l3ducation Foundati 11 att !I:ember, Scirnee Dept. Ch~irperaafl. Young at Art Ca-7'cacher, Surf t3nmrd Cornmur;lt A t P y r rO,~CCt RdpresentstlVo 8102 -» ero3 vatt>rnax'd Middle 9cboot, Compton Oalifornis , Scie-tee, r1!'l cFc ~1fellt 7'Paclter Duties: TWO sactrona of 8`~' Grade t?}tysfcsl Science, orre seclitrn of 7"' tirade Life Science, one scGtioti of 8~' Ci d ra c Math. Worked with At Risk Students, us wop ~ g~ 8tuticnts, LoSson Pinttned for t3loeic Sehsdula ,Dcpart~ttCnt Ch i k , a r, wor od bo atigrt Curriculum with Calil"omia State Skattdards. Pzar'tnerod wi~l, C ompton Police bGpt. co Eatablisl+ ta'ogf'atrts/aclivities for at-risk youths. 8 t3radt: Sponsor. Soicncc I7epl. Ghairprrgtrn, c3lrls and Bays Trsck Coach, Yt'a~book 5bor+~rr f3 , rartt wrEtera 7eaci:er At'the Yoat, 4/p9 ~ 7~9 X197 - 7/97 7'tte 8nvirunmsatal 9ehnols, paean Park Maine , Naturcllyt Oodles: Outdoor "hands-on" Scitnac cdaeator to 4tudcnts in 5"'- tl~' Cirsxic; Lo95ans taught Included: >rarr~ Freshwatar, Rdclty Shore dl: Tldc Pool, ,Hprnan Jmpact c+n the I~nvfrortrnant, t'ublio Speaking toio Introducing Science topics to the comntunlt 418 - BJ~ ~ y. Hubbell, Rath & Cinrir, West Blaomf[xld, Michtget, ~rtvtrotJhrenatal,Sngla¢e~r Of~cB!-rtryrt 1]utie5: Office support td environmcrttai onginecr tc,Ym, dots processing, tveb searches, catabecin~t,11i1n~, prootirtg, sail and water soitripling. p8rticip~ion in Toi+ota Project pmdiiotion . ofpamp>'alcts, brochuraa and phvM books for projects, 828-d ZO/ZO~d ti95-1 _woa~ wdgg:g0 10-82-a~YY 1765 A Alpine Dr. Vail, CO 81657 502-682-9928 970-479-5068 March 28, 2007 Ms. Lorelei Donaldson Art in Public Places 75 S. Frontage Rd. Vail, CO 81657 Ms. Donaldson: As an applicant for the Art in Public Places Board, I believe I am most qualified for this position. I would bring exceptional communication skills, a positive attitude and a passion for the arts. After traveling, living and working with individuals from all over the country in AmeriCorps *National Civilian Community Corps (NCCC), I have come to realize the essential communication skills I gained. From personal experience, I know that attitude is contagious. With my attitude it will provide a positive reflection throughout the entire working environment. I set my standards high, and I commit myself to getting the job done in a manner that will reflect onto others. "Each of us has a spark of,life inside us, and we must set off that spark in one another." -Kenny Ausubel After receiving a minor in Fine Arts, Photography, I have continued to expand my interests in art by presenting the Town of Vail the, "Bike Racks project". As I have seen the impact this project had on my hometown, I felt it necessary to increase community art awareness for a useful cause. While at Vail Valley Medical Center, I have been involved with implementing the Arts in Healing program. This program is essential in alleviating patient and staff stress levels by implementing musical performances and visual. arts. As my appreciation and passion for art may have begun by the snap of a disposable camera when I was 7 years old, it has continued to grow into who I am as a person. "Each day is like a work of art that is yet to be designed. Like an empty canvas, waiting for the dreams that fill our minds. Our talents and our strengths are like the .colors we can use; to paint the pictures of our life in any way we choose." -Unknown I am grateful for your consideration to be a part of the Art in Public Places Board. I assure you I have the necessary qualifications to fulfill this position and I hope to hear from you soon. Sincerely, ~~'_ 'l',~.,~. ~~~rLw Bethany L.~Haynes Bethany L. Haynes 1765 A. Alpine Dr. Vail, CO 81657 502-682-9928 blhaynes324@yahoo.com Objective To enhance my passion for the arts and become a member of the Art in Public Places Board. I strive to make a positive difference in the lives of the people I meet, my working environment and the community. Experience Guest & Volunteer Relations Coordinator- January'07-present Vail Valley Medical Center (WMC) Vail, CO Responsibilities include: ^ Implement extraordinary customer service for patients' and guests' ^ Coordinating over 200 volunteers throughout WMC's facilities ^ Maintaining Volunteers' hours in the Volunteer Reporter computer program ^ Successfully meeting requirements for Joint Commission Accreditation for Hospital Organizations ^ Assisting with Volunteer Corps fundraising activities Assistant Manager- September'06-Present (this is my additional part-time job) Pier 1 Imports, Vail, CO Responsibilities include: ^ Ensure customer needs are met • Supervision of associates during my shift ^ Accountability for safe and accountable store closing procedures. Guest Relations Specialist- April '06 -December `06 Vail Valley Medical Center Responsibilities include: ^ Provide exemplary guest services for all ^ Utilize the support of the Volunteer Corps to enhance hospitality services ^ Provide directions and recommendations throughout the community ^ Escort guests when appropriate ^ Interact with parking attendants and assist when necessary ^ Maintain the working environment to ensure it's free from snow and ice Admissions Representative- (Seasonal) November '05- April `06 Vail Valley Medical Center (WMC) Beaver Creek, CO Responsibilities included: ^ Admitting Patients ^ Filing Medical Records ^ Inputting Insurance and other Information ^ High quality Customer Service ^ Collection of Payments Team Leader-January '05-November'05 AmeriCorps* National Civilian Community Corps (NCCC) Denver, CO In this position I traveled the country and supervised eight corps members while we worked on assigned projects and tasks to help others. In addition to the tasks listed below, I was accountable for the safety, well-being, productivity, and personal development of each member assigned to my team. Compliance Specialist- March '03-December '04 Kentucky Housing Corporation (KHC) Frankfort, KY The Kentucky Housing Corporation (KHC) is the state housing finance agency and was created by the 1972 Kentucky General Assembly to provide housing opportunities for lower and moderate income Kentuckians. KHC is aself-supporting, public corporation and operates through the receipt of fees for administering federal programs including rental assistance that makes safe, decent, affordable housing available to more than 27,000 low-income Kentuckians. Responsibilities included: ^ Audit of housing properties for compliance with Housing for Urban Development (HUD) regulations through site visits and regular communication ^ Ensured the timely processing of financial transactions in REMS computer program ^ Completed in-depth reports and management reviews ^ Traveled across the Commonwealth of Kentucky to ensure safe, decent, affordable housing through monthly property inspections ^ Obtained a Certified Occupancy Specialist (COS) certificate ^ Successfully received a 100% rating when audited from the Louisville, KY HUD office. Also at Kentucky Housing 1 served as a Rental Assistance Administrator- June '02-March '03 This was an entry level position with KHC, where I learned importance of assisting tenants, ensuring safe, decent, affordable housing. Some of my duties included: ^ Calculated families' annual recertifications, move-ins and interims (changes) ^ Entered data in computer program (MLS) timely ^ Maintained a case load of approximately 400 families ^ Communicated to family members across Kentucky about their Housing Assistance Payments (HAP) Internships and Awards included: Charleston Habitat for Humanity, Summer-August '01, Charleston, SC Intergovernmental Affairs- Summer- June '99 and Summer- September '00 Office of the Governor, Kentucky State Capitol, Frankfort, KY For two consecutive summers during college, I worked for the Intergovernmental Affairs office of the Governor for the State of Kentucky. DAR Award (Daughter's of American Revolution) AAA President Award - Co-Ed Y-Club "Getting Things Done" Award -AmeriCorps' NCCC Education Milligan College September `98-May '02, Milligan College, TN ^ Obtained a Bachelor of Science Degree ^ Majored in Communications-Public Relations & Minored in Fine Arts- Photography ^ President of Social Affairs (Planned all social activities for the entire student body.) ^ Received the Founders Award (Selected by the faculty and student body.) Volunteer Experience Commitment to Service for 11 months in AmeriCorps" NCCC Habitat for Humanity Tough Enough to Wear Pink, Rodeo to support Shaw Regional Cancer Center Team Leader, American Cancer Society Kentucky State YMCA, Youth and Government Service to the South (YMCA) Service to the Commonwealth (YMCA) St. James Art Fair Red Cross Vail Valley Chamber and Tourism Bureau (WCTB) 1 1 1 1 1 1 ~ . • t` -~ rse.,~,~' ~,~;. March 18, 2007 Lorelei Donaldson Vail Town Clerk 75 South Frontage Road Vail, Colorado 81657 RE: AIPP Application Dear Lorelei, Please accept this letter as my application to reapply for a position on the AIPP Board. I have enjoyed working with the members of the board and seeing the increase in the number of projects completed over the last three years. We have also seen growth in the annual budget and the number of potential projects for the coming few years. I have enjoyed learning more about art and sculpture and the new artists as we select them for new projects and sites. I learned to love art and sculpture when I lived in Europe for two years. At university I studied Architecture and that continued to enrich my art education. I have worked as a Partner with Snowdon and Hopkins Architects for the last thirty years. I was on the PEC from 1985 to 1989. My resume is included with this letter. I would enjoy continuing to work with the AIPP board and hope to see even more successful projects completed. Thank you, Pamela W. Hopkins, AIA Snowdon and Hopkins Architects, P.C. PO Box 3340 • Vail, Colorado 81658 • Phone: 970-476-2201 • Fax: 970-476-7491 }';Ty ..,.... Pamela W. Hopkins, AIA Registered Architect, State of Colorado (61165). EDUCATION Bachelor of Architecture, University of Colorado, 1970 PROFESSIONAL EXPERIENCE Partner, Snowdon and Hopkins • Architects, PC - Vaii Public Library, Vail, Colorado, 1982 - Flagstaff Public Library, Flagstaff, Arizona, 1987 - Eugene Field Public Library, Denver, Colorado, 1993 (Consultant Architect} - Gilpin County Public Library, Colorado, 1995 - Vail Mountain School Library Addition, Vail, Colorado, 1995 -Avon Public Library, Avon, Colorado, 1995 - Eagle Public Library, Eagle, Colorado, 1997 - Pinedale Public Library, Wyoming, 1998 (Consultant Architect) -Ski Club Vail facility, Vail, Colorado, 2000. - 70+ Custom Residences ASSOCIATIONS American Institute of Architects Member, Planning and Environmental Commission, Town of Vail (1985-89) Board of Trustees, Vail Mountain School Member, Vail's Arts in Public Places Commission Member, Design Committee, Performance and Conference Center, Vail, CO Member, Town of Vail Environmental Strategic Plan Committee JURY AND AWARDS 1987 Jury, Biennial AIA/ALA National Design Competition 1985 AIA/ALA Award of Excellence -Vail Library 1984 AIA Western Mountain Region Award of Merit -Vail Library PUBLICATIONS The Vail Library, Solar Age, September 1985 The Vail Library, Process: Architecture (981. Passive and Low EnerQV Architecture, September 1991 City of Flagstaff/Coconino County Public Library, Arizona Libraries. September, 1987 City of Flagstaff/Coconino County Public Library, Architecture, October, 1988 Public Libraries, Travel Treasures of the West, Martin B. Rabkin, North American Press, November 1993 PO Box 3340 • Vail, Colorado 81658 • Phone: 970-476-2201 • Fax: 970-476-7491 TENS LLEI~V AI' VAIL March 28th , 2007 Vail Town Council 75 South Frontage Road Vail, Colorado 81657 Attention: Lorelei Donaldson Town Clerk RE: Art in Public Places Dear Town Council: As a resident and Director of Masters Gallery in the Town of Vail, I would like to submit this letter of interest for the position on the Town of Vail Arts in Public Places. I have resided in Eagle County since 1994, and as of three years ago, my husband and I made a conscious decision to live in Vail and make it our permanent home. In the last three years I have attended all of the Meadow Drive construction meetings, became Vice President of the Meadow Drive Business Partnership, a member of the construction mitigation committee as well as Vail's first Economic Council. I feel that I have taken ownership of my community through participation. As gallery director, I supervise staff, manage a budget, keep the advertising fresh and up to date, coordinate gallery events showcasing our world class artists, and partner with Bravo and The Symposium to bring special events to enrich our community. As a participating business here in Vail, we also give to various charities and fundraisers to help improve the quality of life for others here in Vail. I feel with my strong business sense and expertise in the art world, I know that I would be an asset to this committee. I thank you for your consideration. Sincerely, Rayla J Kundolf Masters Gallery Vail -Director Resident 100 East Meadow Drive, #27 Vail, Colorado 81657 Phone (970) 477-0600 Fax (970) 477-0601 E-Mail: mastersgalleryvail@yahoo.com ~~r~.~,~~r~~s 100 East Meadow Drive #17 Vail, CO 81658 (970) 476-2525 3/23/07 Dear AIPP Board Members- I respectfully submit for your consideration my application to fill one of the current AIPP Board vacancies. Since 2005 I've been a managing partner in the Vail International Gallery, a relatively new gallery located on Meadow Drive in Vail. Before starting my own business I worked at Vail Fine Art Gallery in Crossroads for ten years (1995- 2005). My interest in art is wide-ranging and includes diverse genre, media, and periods well beyond the range of what is shown in my gallery or considered commercially viable. As a board member I would strive for objectivity and fairness in all of my decisions while keeping in mind the goal of securing Vail a lasting artistic legacy. In 1990 I moved to the area immediately following college with plans like so many others to ski for a year or two before moving on. Seventeen years later, my wife Maria and I now share our town- home on Meadow Ridge Road with our two daughters Marina and Silvia. I hope you agree that my desire to serve on the AIPP board is a natural outgrowth of my obvious interest in art and in the betterment of Vail. Sincerely, Marc E. LeVarn, President Marc E. LeVarn 1817 Meadow Ridge Road: #4 Vail, CO 81657 970-479-0436 2005- Present: President/Partner Vail International Gallery, 100 E. Meadow Drive #17, Vail CO, 81657. Founding partner in new Vail Gallery which opened December 26th 2005. Responsible for every aspect of gallery operation. Successful first year of business. 1995-2005 Vail Fine Art Gallery Director/Sales. Commission salesperson. Position evolved into managerial responsibility. Spearheaded introduction of Russian Impressionist artwork. Top salesperson. 1990-1995 Waiter, Restaurant Picasso Edwards, CO. Mirabelle Restaurant Beaver Creek. Education 1986-1990 Columbia College, Columbia University NY, NY. Bachelor of Arts, English Literature. Varsity Swimming (4 years). Team Captain (senior year). 1982-1986 Chelmsford High School, Chelmsford MA Additional Avid telemark skier, runner, cyclist. Wife Maria .(married since 1995). Two daughters; Marina (5) and Silvia (3) currently attend Children's Garden of Learning pre-school. Ms. Lorelie Donaldson Town of Vail 75 South Frontage Road West Vail, CO 81657 Dear Ms Donaldson, I have enjoyed serving on the Art in Public Places Board for the past three years and would like to hopefully continue for another three year term. The AIPP has truly started to hit its stride with public and private development in the town. I have great love for this valley and look forward to seeing this great progressive community blossom with respect to Public Art over the next few years. I look forward to continued work on the summer of sculpture temporary art program along with the Ritz Residences and Vail's Front Door projects along with all that is on the AIPP's plate now and in the future. I believe that the board along with the hard work of Leslie Fordham is becoming a serious art board that will be a force in sculpting Vail's future. Thank you for you consideration. Sincerely, Bill Rey bill(a,clag ettrey.com 100 east meadow Drive Vail, CO 81657 476-9350 --- March June September October- _ November -- ___ December meetings attended IJan I March Nanc -y-- -- x X X -- .X -~ canceled x X-- 9 of 11 ~AIPP Attendance 2.006 Barbie [Tim x Jen -X _ISusan x _ !Bill rx -. X X _ ~X _ jX X X -- ~ _ ~_ ---X ~_ - ;X X ,X ~x ix ' Dorothy !~ Pam__ DRB 'PEC ,-__ - - - --- ' ~x ;x ~ -_ __ ~_ -- --__ - - ------ 'I X X _._ TX ~- _ iX !X ~~x i A ointed -- - ---- - - _ -- ;x x pP - -~: x _ X i , x , , x ~ x ---- --- + -- - x --i x -- x x - -a- -- -- x -- x - - -- -- i X - - - - __ X X - -~---- i~ x ~ - -- I x -- ' - -~- - - --- -f---- - x -- X ~--- - ~ X -- X ~ - ---- -~ I - ~ ---- t ~ ---- - 'x - -- ~x r-- -- x ;x -- - --- ix 'x I - - - ~- -- Ix --- - !x - x _ _ X _ ._ x ~~_ x - - ~x ;x , x _ ~ x __ _ _- - x -- , -- -- ---- ___ _ - x ij10of11 x ~7of11 i x 8of11 ~ x i8 of 11 9of11 8of8 ~9of11 7of11 - 9of11~ '~ ~ { - ~ ~ ~ , - _ --~- jA1PP Attendance 2007 ~- , t - -- ~ a --- ~- Barbie -- Tim ~ - !Jen ~- - --- _ Susan TBill -T - Doe - 'Pam ~DRB PEC -~ ,-- - ~X - x - -- ~ - i--- - .x T- ~----- - x - - - - - x - -- _ - - - -- _- - _ ~. i X _1.._ x x _-~ _- i ~- x _ __ ~ x ~ ~ -- ' x x ~,, -i-- -- - ~ - - - ;x ~ -~-- _~ ~-- -r~ X ~ I - i x ~ x ~ x ~ x f x ~~ x May - -------- --~----- - ~- - : -- --~---- 1--- ---- - ------ - - --- -------- --- June ----- ------- _ _-- ---- -_ _ _-- - July ___ __ F - - -___ __ --- r- ~ - -- µ-- _ -- - - -- -- --- _ __ -- -- August - - ---- ~_- ,-.. -- --- 1---- -- - 1_ __ -- -- - - _ -- - -t--- -- -- -_ - _ _ September -- - --- I - - - ~---------- -~ -- - -- --- -- ---T - ~-- ~ -- 1----- -- T- - r-~----- --- _- - - - - ~---- ___ -- --- - -- - -- October I ~ , ~ ; ! ' - - , - _ ~ ~~ r ~ - -- November -- -- ---- j ---_ ~ , - --- -- ,--- _ _ - T ---- - __ -~- - -- + ----- I -- ~ - - r- - - - ~ --- December -- ~ ~ ~, ~ I - - - - - meetings attended - - - - - - -- --- - - ':1 of3 - ~- - ~2of3 ! -- - - i1 ' ---F--- , , ~1 of3 2of3 13 of3 ~2of3 i3 of3 -1--- -- r-------~ -- ~ - I3 of3 ~_ - - ~ _ _ ~3of3 --- - _ . -- ~ -- -- 3of3 ___ - -- - ~ -- ` I ~- - ~ -- - _ __ _ - ~ - , _.. --- --__-I_ --- _ _ -- --- - __- _ - ~-- -- - i ---~ - --- - IAIPP ATTENDANCE 2005 - -~ _-_ ~- -- -- Nancy Barbee 'Tim '~Jen ,Susan Bill iGuss~e Pam 'DRB PEC January _ ! x - _ x _ _ __ _ i I x ! x _Tx - x - -- -- x ---- - -- -~ x - - - -- Februa rY ' x x I x ', ~ ~x ~ ' - --- - -- _ -- ~ -- ----- - - ---- r---- -__ - -_ __ _ __ --- - r March -- ~ - - -_ T- x ~ x ~ ----- -- --- -_ x - I_ __ x - -- _ -; -- -- ~ x ~ - __ ------ x ~ - , ~ Apnl _- -- -- - ~ x - - fi- i x - xappointed x I appointed ~ ' - --~--- - - ----- x - -- ~ x x -, ~ x May - - --- - -~X -- _+X - . ~X----~ ~ ~x--- - ;x ~_ - -. ~ - - June jx --- _ --- x ix _ ~x ~ -- --- -~ ---- -I x __ _ ~ ~ ~- - --_ x - - __ Jul Y -.- -_ ___-....._-_. x --___. _ x .~-._--_ ix x ~x --- - I ~~ -__-_ x --- _._ ~x - 1 -. '1 ,x _ -- -- Y ._ f __-__--- Au ust ~ ~ Ix x ~x Ix x 'x I -- September -_ - - -- x - - _-_ - - - x - - -- - ;x--- ----- --- - -- - ____ - x i ~- __ _ _ x - - --- --- October --- - --- --, - ~x - -- -- x -- x x -- -J-- x rx - -- --- --- -- x ;x -- _ _ x November -- --- -- -- -- ~ - - ' - ~ -- _ x x ~ ~ x ~ , x -r-- -- - -- z -- =------- -~---- j ' - x" December -- meetings attended i 10 of 12 ~x -- ~ X - 10 of 12 __ ! ~ - x --- ~- 6 of 8 ~ 10 of 12 4 of 8 - ---- ~ 'x ' 7 of 12 ~0 of 12 --- _ ~ 7 of 12 - x ~10 of 12 - -- - x ' 10 of 12 - -- - - - - -- - - ~ --- i ~ --- I I -- --- - --- --- --~- ~ i T ~ I +-- - -- , ---a------ ~-- - r ---- - -- - _ , - -__ _ - -- ~ - --- - - -- -- - _ -- --- --__ ~ r---- _ - t---- -- ~ Nanc ---~-- t----:_ B b ~ T ~AIPP ATTENDANCE 2004 -- T - -- I T - ~------- - Y --- - - - - ~ _ ~ - -- __-- --- -- -- - I - _ _ _ _ __ - - ___ __ _ -_ . Y ar ee ~ --- rac _ ,Jen Kay ~---y ;.Bill. Gussie --~- - Pam - Alan - - y k le Robert - auary -- ---- ~ ix - _ x _ ~x x 'i ' x -- ~ x - -fi- ~ rt--- - - -_- -_ __- -- - February -- - ~x ~- z -_ -- -- z - ; -~ I ~-- -1 ----- ~-- --- --- - - ' --__ --- x _ _ -_ _ _. March - - Ix __ Ix x ' r - -- - --~ I -- x end of term - - - --- --- - - -- - April - - _ ---- _ ~x ;x ---- - x X - - - T T r- -- -,appointed ; -~ ~----- x -_- -- -- - ,appointed _ - -- -- __ - _ -- -- MaY -- !x _ x - ~X - i - !x ~- - - ~ -- - -- --- - June - -' - - Tx _ ~x _ ~ --- ~ - -- ~ --- I - - _ x - ~ - i _ - - - - - - -- - -- --_ Jul -- __ Y ---- August_ ~x x , _ -- - - , x ~_. - ~ - ~ ,, ,- x ~-- I x ~~. 1 ~ ~X - x x- -- - x - - -~- ---- , r--- ~ _ _- - _- __ I _ `----- "-_- _ - _ - - - - -- - -- -- Se tember __- _ {x 1 ~' - ~x T - x - _- - P x Ixa o - - rated -- _ - ~' X __ _ --__ _ -_ _ ~_ ~ _ -- _ ~ -_ ~ _ _ ___ - , -- - ---- October x ~ ~ _ ~ x ~ z X ~_ z , -- - - - - - ~ ------ _ --- - --- - -- I _ ~ --- ! x - --- -- -- - -_ _-- November - --- - - x - ~x %- - x -~- . _rt -- -r _ _ x -~ - I - ~-- - -- - -- --- -- ~ -- i ~ - - ~ _ j December ~x '; ! i ix jx x - ---- -_--~-- rt - -- - - _ ~ - ~ --- -~-----rt-- -- ' _- - - - meetin s attended - _ ' 11 of 12 __ ___-~ __ 11 of 12 ~ 5 of 12 - _- -_ _ ~ 5of8 ~6of 12 ---- - - -- __ __~ ____ ~6of8 _ ~_ ___ ;2of3 __-_ _ ! _ ___ 2of3 1of2 _ - - --- _ ---- ! -- _ __ _ - - -- - ~ __ r ~ _ ------- ---__-- - -- • ~ -- -- j - -- - - _ - ~ ; - -- - -T-T-- -- -- ------, -r---- -+-- --`- - -- ; - - - ~ -t--- ------ ~--- --- - ~ i , - - -- - - - -- - ~ - - - - - -- _ ! --, --------------- ---j--- - - - -~ r------+~ ------~-- -- - ~ ! ~ ,~- - - - -- - i ~ _ _ i -- - - ----- -- -- -- ~ - --- -- -- --~- ~ - ~ - a - t--- - + - ~------- 1 __ ~---- I ! -____ , ENDANCE2003 AIPP ATT ~ _ j ~- ~_ T--- ___-- - -- ! ~ ~ _ _ ---- - - - - Nancy - I -~ -- -- r- ----_ ~ ~Barbie~Tracy ; Jen -Kathy Alan , Gussie kyle - Robert 1 - ~~ -- -- -- _ n- 4 - - x -- r-- -- --~-- _X --- x ~, _ x x ' - - - ~x , - _ ~ _ - _ - I ~ ~ - -- i ~-- ~ ~ - ---- - - --- ----- -- - ~--- i-- - - -- - - February !x i ___x x i . ~, x x ;x Ix ~ March x _ _ _ x x i '` - - __ - _ - x __I x x r- ~ ! ~---- ~ x -- - - x --------- _ ~-.. G - r ___ _ _ April - ,x x -' _ ~ t --- x xend of ter - ~,xa oin m --- - PP -- ted;x - -- ,x ~- -_ ' -- - -- May __ I x - x , ----- z--- ~ z -- x ~ X--__ ; - ---r-- ; --~-- -- - ' ' ---~ i June - - - -- -- '! x _ - ! x ----~-- --- x ~, ~ I x --. --- -- - , x - -- - -- -- -~- - ---- - , - -- uly fi = rx ~ i _ ~~ -- -- ! i ! x ~ ~, x --~ -- x , i -I- -- Ix - - ~ _ Au ust -- _ ~---._- x i ~- - --- --,- --- ~-- - _ _ i_ I x -~ _ -~- -- ! x -- ~ - - _ - --- - fi_ ---- - _ ~ __ ~ T 1 - -- -- --~ - ~ _ _ em er p _. x -. _ T------- ~_ ~~ -- --T~ --- - x --1 - X --~ -- - - -- _ October - - ---- - --- ~--- - - - ~ ---- -- f ~ -- --f- I x x - ~- ~-- - __- -- ~- x ~-- x ~-- -i ----- - - ~x ---a - -- _ ___ - a ~ x -1- -- - _ ~ _ - -- +- -__ _ -- r , ~ ~ November _ tx - !x x __ ___ - - --~ - --- x I r -- - L- - _ _ ' ,x . __--- --- ---- December ~X x -~ x -----~X -- --- -__-- { - __._-- - --- - --- x -_. - --- - -- ~- -- -- ,- a f--- --- --- __ _ __ -- -- ------ ------~ --! --- µ ' ~ _ __ ___ __ -- -G-- - - ---~-~--_! --- meetin s ~ -~- ~ ~~ ~ ~ ~ ~ ~~ ~~ g attended ;10 of 12 10 of 12 19 of 12 ;10 of 12 3 of 4 i 3 of 12 ' 6 of 9 11 of 12 ; 8 of 12 , Questions for Prospective AIPP Board Members 1. The board meets on the first Monday of each month. Board members are expected to miss no more than 2 meetings per year. Board members also attend other meetings and serve on committees. Can you make the time commitment? 2. The Town Council recently adopted a resolution charging a $1000 fee to those that wish to place artwork on town property. Do you agree with this policy. 3. Fundraising is becoming increasingly important to AIPP. How can you help? 4. The arts can be a strong economic driver. Art in Public Places aims to stimulate cultural tourism and elevate the role of the visual arts in Vail. Do you support this vision? 5. AIPP Guidelines state that a specific objective of the program is to: develop a diverse, high quality public art collection. The overall program shall strive for diversity in style, scale, media and artists. Exploratory types of work as well as established art forms shall be encouraged. Is diversity an objective you can support? THE MUELLER COMPflNY 970 476 2687 03128!07 07:52pm P. 001 the mj mueller co„ inc. 28 March. 2007 .NAIL. TO~~N COUNCIL Attn: Ms. Lorelei Donaldson 75 Sputh Froniage Road`West Vail, Colorado 81657 Subject:. Seat on Fire and Building Code Board of Appeals 'Dear Lorelei: The~purpose of this letter is to confirm that I would be.pleased to serve another 5 year term on the'Cown of Vail Fire and CodeBoard of Appeals. If you have any questions regarding this subject;, please contact this office at the phone number shown below. Sincerely:yours THEM ~ O., INC. . ~o ° 4riY •s~` `~~9 Mark l:1VJ President civil architectural end structural engineering • p.o: box 2747 vail, Colorado 81 G58 476-2627 476-2b37 (FAX1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~s March 26, 2007 TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Anne Gunion Doug Cahill Dick Cleveland Bill. Jewitt Rollie Kjesbo Bill Pierce Site Visits: 1. -Vail Trails East - 433 Gore Creek Drive 2. Cerisola Residence - 805 and 807 Potato Patch Drive 3. Landmark - 610 West Lionshead Circle Driver: Warren 10 minutes A request for a final review of a variance, from Section 12-6H-6, Setbacks, and Section 12-14- 17, Setback from Watercourse, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the addition of bay windows, located at 433 Gore Creek Drive/Lot 1, Block 4, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0010) Applicant: Vail Trails East Homeowners Association, represented by John G. Martin, Architect, LLC Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0-0 CONDITIONS: 1.) This approval is contingent upon the applicant obtaining design review approval of the design review application associated with this variance request. Bill Gibson presented an overview of the proposal and the staff memorandum. Jeff Manley, John Martin Architects, further summarized the proposal. There was no public comment. Doug Cahill clarified that the application includes a master plan for bays on all north windows. He clarified that the building is currently legally non-conforming in terms of setbacks. There was no additional Commissioner comment. 45 minutes 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H-15, Landscaping and Site Page 1 x Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson MAJOR EXTERIOR ALTERATION ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Dewitt VOTE: 5-0-1 (Pierce recused) CONDITIONS: Prior to Application for Building Permits Prior to application for building permits, the developer must obtain Town of Vail Design Review. approval of this proposal. 1.) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of a construction staging plan for this proposal. 2.) Prior to application for building permits, the developer must obtain Town of Vail Public Works Department approval of civil engineering construction plans and off-site improvement plans for this proposal Prior to Requesting a Temporary Certificate of Occupancy 1.) Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall provide one deed-restricted employee housing that complies with the Town of Vail Employee Housing. requirements (Chapter 12-13, Vail Town Code), and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk 8~ Recorder's Office, prior to the issuance of a temporary certificate of occupancy. 2.)Prior to requesting a temporary certificate of occupancy for this proposal, the developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated by this proposal. DEVIATION TO LIONSHEAD REDEVELOPMENT MASTER PLAN ACTION: Approved MOTION: Kjesbo SECOND: Dewitt VOTE: 5-0-1 (Pierce recused) VARIANCE SETBACKS ACTION: Approved MOTION: Kjesbo SECOND: Dewitt VOTE: 5-0-1 (Pierce recused) VARIANCE SITE COVERAGE ACTION: Approved MOTION: Kjesbo SECOND: Dewitt. VOTE: 5-0-1 (Pierce recused) Page 2 Bill Gibson presented an overview of the proposal and the staff memorandum. Geoff Wright, representing the applicant, gave a presentation regarding the acceptance of the owners with the design. He described a design which for the three buildings would effectively make the buildings separate masses and designs. He pointed out changes made to the previously approved elevator and lobby entrance. He also pointed out the elimination of a loading dock and the addition of a trash enclosure on the west side of the project. There-was no public comment. Dick Cleveland stated that his single concern was the loss of landscaping on the west side of the project. He suggested transplanting the existing trees, rather than cutting the trees. Bill Jewitt noted his support for the proposal Rollie Kjesbo clarified that the applicant is not subject to the new employee housing regulations. Bill Gibson confirmed that the applicants had submitted their prior to the Town Council's adoption of an emergency housing ordinance. Doug Cahill noted his support for the proposal and asked the applicant to clarify the location of parking for the Billy's Island Grill restaurant. 3. A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 29 and 30, Block 1, Vail Potato Patch, located at 805 and 807 Potato Patch Drive, and setting forth details in regard thereto. (PEC07-0008) Applicant: Pedro Cerisola/Larch S.A., represented by Snowdon and Hopkins Architects, P.C. Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE:6-0-0 CONDITION(S): 1) The applicant and his successors and assigns, shall not be permitted to request any variances subsequent to the approval of this amended final plat for Lots 29 and 30, Block 1, Vail Potato Patch, on the basis that the resulting approved plat created a physical hardship for developing these lots. Warren Campbell presented an overview of the proposal and the staff memorandum. The applicant had nothing further to add. There was no public comment. Doug Cahill noted that this proposal will not restrict access to the adjacent lot 30. There was no additional Commissioner comment. 10 minutes 4. A request for a final review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a retaining wall in excess of three feet within the front setback, located at 805 Potato Patch. Drive/Lot 29, Block 1, Vail Potato Patch, and setting forth details in regard thereto. (PEC07-0007) Applicant: Pedro Cerisola/Larch S.A., represented by Snowdon and Hopkins Architects, P.C. Page 3 Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0-0 Warren Campbell presented an overview of the proposal and the staff memorandum. The applicant had nothing to add. There was no public comment. Dick Cleveland asked about the existing manhole cover at the driveway. Warren Campbell clarified that it was a drain for the driveway and not a part of the sewer system. The Commissioners expressed their support for the variance. 10 minutes 5. A request for a final review of a variance, from Section 12-6C-6, Setbacks, and Section 12-6C-9, Site Coverage, Vail Town Code; pursuant to Chapter 12-17, Variances, to allow for a residential addition within the setback and in excess of the maximum allowable site coverage, located at 5119 Black Bear Lane/Lot 8, Block 2, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC07-0011) Applicant: Lisa Augustine, represented by JMP Architects Planner: Bill Gibson ACTION: Tabled to April 9, 2007 MOTION: Bernhardt SECOND: Kjesbo VOTE: 6-0-0 6. Approval of March 12, 2007 minutes MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0-0 7. Information Update 8. Adjournment MOTION: Bernhardt SECOND: Cleveland VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited. to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 23, 2007, in the Vail Daily. Page 4 • DESIGN REVIEW BOARD AGENDA t PUBLIC MEETING ~~~ ~'x ° Mai 00 P.M007 PROJECT ORIENTATION /Council Chambers MEMBERS ABSENT MEMBERS PRESENT Mike Dantas Pete Dunning Margaret Rogers SITE VISITS 1. Landmark - 610 West Lionshead Circle 2. Lionshead Ski School - 520 Lionshead Circle 3. Lionshead Public Restrooms -Adjacent to Chair 8 4. Pierce Residence -1148 Sandstone Drive 5. Dauphinais Residence - 1410 Moraine Drive Driver: Warren 1:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm Seibert Circle DRB07-0066 / 15 minutes Rachel Final review of a minor alteration (water feature) 310 Bridge Street/Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 3-0-0 2. AMS Development Residence DRB07-0032 / 15 minutes Rachel Final review of new construction (new single family) 4856 Meadow Lane/Lot 12, Block 7, Bighorn Subdivision, 5th Addition Applicant: AMS Development, represented by John G. Martin, Architect, LLC ACTION: Approved with conditions MOTION: Dantas SECOND: Dunning VOTE: 3-0-0 CONDITIONS: 1. The applicant shall revise all grading and site plans to ensure that grade does not exceed 2:1. 2. The applicant shall work with the fire department to resolve all remaining concerns. 3. The applicant shall return to the DRB for review and approval of trim paint colors before submittal of application for building permits. 3. AMS Development Residence DRB07-0033 / 15 minutes Rachel Final review of new construction (new primary/secondary) 4852 Meadow Lane/Lot 11, Block 7, Bighorn Subdivision, 5th Addition Applicant: AMS Development, represented by John G. Martin, Architect, LLC ACTION: Approved with conditions Page 1 MOTION: Dantas SECOND: Dunning VOTE: 3-0-0 CONDITIONS: 1. The applicant shall revise all grading and site plans to ensure that grade does not exceed 2:1. 2. The applicant shall work with the fire department to resolve all remaining concerns. 3. The applicant shall return to the DRB for review and approval of trim paint colors before submittal of application for building permits. 4. Landmark Condominiums DRB06-0487 / 15 minutes Bill Conceptual review of a major exterior alteration (residential) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominium Association, Inc., represented by Fritzlen Pierce Architects ACTION: Conceptual review, no vote 5. Dauphinais Residence DR607-0039 / 15 minutes Final review of new construction (single family residence) 1410 Moraine Drive/Lot 5, Dauphinais Moseley Subdivision Applicant: Patrick and Suzanne Dauphinais ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dantas CONDITION(S): utility meters 6. Lionshead Ski School DRB07-0034 / 15 minutes Final review of a minor alteration (ticket office conversion) 520 Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1 Applicant: Vail Associates Inc., represented by Chip Melick ACTION: Approved MOTION: Dantas SECOND: Dunning 7. Lionshead Public Restrooms DRB07-0040 / 15 minutes Final review of new construction (restroom) Adjacent to Chair 8/Lot 2, Lionshead Filing 6 Applicant: Vail Associates, represented by Chip Melick ACTION: Approved with condition(s) MOTION: Dantas SECOND: Dunning CONDITION(S): 1. The height of the stone base shall match the bottom of the windows. 8. Vail Trails East DRB07-0057 / 5 minutes Final review of a minor alteration (decks, stone piers, siding) 433 Gore Creek Drive/Lots 1 -15, Block 4, Vail Village Filing 1 Applicant: Vail Trails East Homeowners Association, represented by John G ACTION: Approved MOTION: Dantas SECOND: Rogers opposed) 9. Monogram Real Estate LLC DRB07-0059 / 15 minutes Final review of new construction (primary/secondary residence) 745 Forest Road/Lot 7, Block 2, Vail Lionshead Filing 3 Applicant: Randy Sisson, represented by K.H. Webb Architects ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dantas VOTE: 3-0-0 VOTE: 3-0-0 VOTE: 3-0-0 Warren Bill Bill Bill Martin, Architect; LLC VOTE: 2-1-0 (Dunning VOTE: 3-0-0 Bill Page 2 ,+ CONDITION(S): 1. The applicant shall mute the tones of the paint colors and re-submit the revisions for Staff review. 10. Pierce Residence DRB07-0062/ 15 minutes Bill Final review of a residential addition (living room, bedrooms, kitchen, garage) 1148 Sandstone Drive/Casolar Vail Applicant: Eileen Penick, represented by Galen Aasland, Architect, PC ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dantas VOTE: 3-0-0 CONDITION(S): 1. The applicant shall revise the green paint tone to be muted at least two shades. 2. On the east elevations, the applicant shall add an additional step in the stone work. 3. On the west elevations, the applicant shall revise the grading to expose more stonework at the corner of the stone work step. Staff Approved Children's Garden of Learning DRB07-0064 Rachel Final review of a minor alteration (playground equipment) 129 North Frontage Road/unplatted Applicant: Town of Vail and Children's Garden of Learning, represented by Robin Henzler Hill Residence DRB07-0065 Final review of a residential addition (living room) 2605 Bald Mountain Road/Lot 12, Block 2, Vail Village Filing 13 Applicant: James Hill, represented by William Hein Associates Anderson Residence DR607-0067 Final review of a minor alteration (windows) 244 Wall Street/Block 5C, Vail Village Filing 1 Applicant: Ed Anderson, represented by Steve Riden, AIA Katz Residence DRB07-0069 Final review of a minor alteration (new deck and door) 1557 Golf Terrace, Unit 46/Vail Golfcourse Townhomes, unplatted Applicant: Michael Katz, represented by Jeff Lutz Builders, Inc. Warren Bill Rachel Townsend Residence DRB07-0073 Rachel Final review of a minor alteration (window) 1598 Golf Terrace, Unit 37/Vail Golfcourse Townhomes, unplatted Applicant: Susan T. Townsend, represented by Jeff Lutz Builders Inc. Leeds Residence DRB07-0074 Bill Final review of changes to approved plans (revisions to floor/elevation plants) 965 Fairway Drive/Lot 2, Vail Village Filing 10 Applicant: Bob and Ursula Leeds, represented by Berglund Architects, LLC Fernandez Residence DRB07-0076 Warren Final review of a residential addition (entry) 1234 Westhaven Drive/Liftside Condominiums, unplatted Page 3 ~r ., Applicant: Jorge Fernandez, represented by Architectural Services P.C. Dayton Residence DRB07-0078 Rachel Final review of a sign 233 Beaver Dam Road/Lot 10, Block 2, Vail Village Filing 3 Applicant: John Dayton, represented by George Shaeffer Construction Rosenbach Residence DRB07-0079 Rachel Final review of a sign 107 Rockledge Road/Lot 7, Block 7, Vail Village Filing 1 Applicant: Gary and Susan Rosenbach, represented by George Shaeffer Construction First Bank of Vail DRB07-0081 Final review of a minor alteration (front door) 656 East Lionshead Circle, Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: First Bank of Vail, represented by Paul Wible Carson Residence DRB07-0088 Final review of a minor alteration (re-roof) 366 Forest Road/Lot 2, Block 1, Vail Village Filing 3 Applicant: Judith Carson, represented by The Roofing Company Town of Vail DRB07-0089 Final review of a minor alteration (banner) 227 Bridge Street, Public Right-of-WayNail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer Bill Joe Rachel The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 4 MEMORANDUM TO: Town Council FROM: George Ruther and Nina Timm DATE: Apri13, 2007 SUBJECT: Ordinance 7, Series of 2007 -Commercial Linkage, Ordinance 8, Series of 2007 - Inclusionary Zoning, Ordinance 9, Series of 2007 -Repealing and Re-Enacting Chapter 12-13 Employee Housing, Vail Town Code and Resolution 6, Series of 2007 -Establishing the 2007 Fee-in-Lieu Payment I. Introduction At the March 13, 2007 Vail Town Council meeting Ordinance 7, Series of 2007 - Commercial L inkage, Ordinance 8, Series of 2007 - Inclusionary Z oning, and Ordinance 9, Series of 2007 -Repealing and Re-Enacting Chapter 12-13 Employee Housing, Vail Town Code were read and approved on first reading. Additionally at the meeting, Resolution 6, .Series of 2007 -establishing the 2007 Fee-in-Lieu Payment was read and failed. In the motions that were made and approved regarding Ordinances 7 and 8 specific changes were requested for second reading. The ordinances presented for second reading reflect the changes requested. The changes are further outlined and discussed in this staff memorandum. II. Changes Reflected in Ordinances 7 and 8, Series of 2007 A. Removal of conversion credits A conversion credit provision is no longer contained in the ordinances. At first reading there were provisions that provided developers an employee credit when converting from commercial uses to residential uses and vice versa. As was discussed, unless a developer actually provides deed restricted employee housing a conversion credit no longer exists in the ordinances. B. Change in use Commercial linkage no longer applies to a change in commercial uses except in the instance where new. square feet are constructed. Commercial linkage will only be applied to the new square feet constructed. C. Equity in the unit size requirements for commercial linkage and inclusionary zoning At first reading the square feet requirements per employee were 350 sq ft per employee for commercial linkage and 550 sq ft per employee for inclusionary zoning. The square feet difference was specifically related to conversion credits. As conversion credits are no longer being applied the square feet per employee is now 350 sq ft per employee in each ordinance. D. Provision of dormitory style units as a means of mitigation The p rovision o f do rmitory s tyle unit s a re o my a llowed if a de veloper receives approval from either the PEC or the Vail Town Council. This will allow developers to request dormitory style units if they believe that this type of unit will best meet the employee's housing need, but the PEC and Town Council will have the ability to ensure that not all employee housing is configured as dormitory units. III. Changes Reflected in Resolution 6, Series of 2007 At the March 13, 2007 Town Council meeting Resolution 6, Series of 2007 reflected o f ee-in-lieu p ayment o f $178, 695 p er e mployee a nd $325 p er s q f t. This fee was targeted at atwo-person household. earning 100% of Area Median Income (AMI) and an administrative fee of 15%. The revised recommended fee-in-lieu. in payment is $131,385 per employee and $236.65 per sq ft. The recommendation is based on a .target of two-person households earning 120% of AMI. The administration fee has been reduced to a flat rate of $3,000 per employee and $3.65 per sq ft. Staff believes that the revised fees should cover the administrative costs the Town will incur. The Average Square Feet of Units and the 2006 Median Price per Square Foott was held constant. Without an abundance of land to build new units on, staff believes that the money collected as afee-in-lieu of .developers providing employee housing, the Town will be "buying down" existing non-deed restricted units in the Town of Vail. The recommended fee-in-lieu will allow the Town to have adequate funds to buy down, deed restrict and resell or rent units at a rate affordable to local employees. IV. Changes Reflected in Ordinance 9, Series of 2007 The only change from first reading to second reading is the addition of Section 12-13-2(c) which states: 2 "This Chapter shall not apply to any EHU constructed on or after May 1, 2007 in any zone district that is subject to the requirements of Chapter 23 or 24 of this Title. " V. Staff Recommendation Staff recommends approving Ordinances 7, 8, and 9 Series of 2007 upon second reading. Additionally, staff recommends passing Resolution 6, Series of 2007. ORDINANCE NO. 7 SERIES 2007 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 12-2-2, A ND THE ADOPTION OF A NEW CHAPTER 23, ENTITLED COMMERCIAL LINKAGE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail has experienced a decrease in population during the past ten years due to market conditions that have given homeowners incentive to sell their properties; WHEREAS, during that period of time, housing costs in Vail have increased at a much higher rate than income has increased; WHEREAS, new. commercial development and redevelopment in Vail will result in new employees being needed for uses in the new buildings and for the maintenance of the new buildings; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Rroportionality Analysis for Employee Housing Mitigation Programs," prepared for the Town by RRC Associates, Inc., dated March 12, 2007, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, on March 12, 2007, the Planning. and Environmental Commission of the Town of Vail held a public hearing and reviewed and .forwarded a recommendation of denial of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations; WHEREAS, the Town .Council believes that the provision of a reasonable and appropriate percentage of new employee housing is the responsibility of new commercial developments and redevelopments which. have a nexus to new job generation; WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town through the conjunctive efforts of this ordinance and the Town's inclusionary zoning ordinance; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting. regulations which require mitigation of such impacts on employee housing in the Town of Vail ' 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL L/NKAGE, SECOND READING 0403.DOC NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition of the following definitions: COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodation units, general retail, grocery, liquor and convenience, recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking establishments,. service oriented businesses, or similar uses. COMMERCIAL LINKAGE: An obligation that requires developers to provide housing for a certain number of new employees that are generated by a new commercial development, focusing solely on a development's impact as related to employee generation and not taking into account secondary impacts. CONFERENCE FACILITY: A facility used for conferences, conventions, seminars, banquets, and entertainment functions, along with accessory functions such as lobbies, pre-convene areas, and exhibition space. DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County Clerk and Recorder's office. DEVELOPMENT: The construction, improvement, alteration, instal{ation, erection, or expansion of any building, structure or other improvement in the Town. DORMITORY UNIT: A type of employee housing unit which houses not more than five (5) persons and includes common kitchen facilities, a c ommon bathroom, an d a minimum o f t wo h undred (200) square feet of GRFA for each person occupying the unit. EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis at a business located in Eagle County. NEXUS STUDY: A report, prepared at the request of the Town Council, updated at least every five (5) years or more often if deemed necessary by the Town Council, analyzing the current and future employee housing .needs resulting from new development and redevelopment in the Town. 2 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC OFF-SITE: A location within the boundaries of the Town other than the site on which the commercial development is located. REAL ESTATE OFFICE: An office for the purpose of conducting real estate transactions and/or property management. REDEVELOPMENT: The construction, improvement, alteration, installation, erection, expansion or change in use of any existing building, structure or other improvement in the Town that results in an increase in net floor area or GRFA. SPA: A commercial establishment providing services including massage, body or facial treatments, make-up consultation and application, manicures, pedicures and similar services, but excluding beauty and barber shops. Section 2. Title 12 of the Vail Town Code is hereby amended by the addition of the following new Chapter 23, entitled Commercial Linkage: CHAPTER 23: COMMERCIAL LINKAGE 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except. as provided in Section 12-23-5, this Chapter shall apply to al I new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. ~ Arterial Business (ABD); 3 3/29/2007 F:ICDEVIORDlNANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter. shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 4 3/29/2007 F:ICDEVIORDINANCES1071ORDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates By Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal 2.4 Employees per 1,000 feet of Service/Repair Shop new net floor area Business Office and 3.2 Employees per 1,000 feet of Professional Office (excluding new net floor area Real Estate Office) Accommodation Unit/Limited 0.7 Employees per net new units Service Lodge Unit Real Estate Office 5.1 Employees .per 1,000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. 5 3i2sr~oo~ F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC C. Each commercial. development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2, 500 square feet _ 1, 000 square feef) x (6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. -Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each.. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Number of Employees Housed Dormitory 200 1 Studio 438 1,25 One-Bedroom 613 1.75 Two-Bedroom 788 2.25 Three-Bedroom 1225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by this Title. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. 6 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC F. EHUs shall not be included in the Town's calculations for density control. G. Every EHU shall be allowed three hundred (300) square feet of additional garage area. Any EHU that does not have a garage shall include a minimum o f an addit Tonal seventy five (75) square f eet f or storage in addition to normal closet space. 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for. a redevelopment that results- in a greater number of employees. generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. The mitigation of employee housing required by this Chapter shall be accomplished through one of the following methods: 1. On-site units. a. The requisite number of EHUs, or a portion thereof, may be constructed on-site, provided that all on-site EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning. and Environmental Commission, an applicant may provide on- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in'its sole discretion, may accept dormitory units as a method of mitigation. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, 7 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the .Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site. dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. The Planning and. Environmental Commission may approve payment of a fee-in-lieu for each employee to be housed, or a portion thereof, required by this Chapter. a. The fee-in-lieu for each employee to be housed shall be established annually 'by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and -all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected. from fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off- site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. 8 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC B. Partial fees-in-lieu ,shall be paid when the calculation to determine the number of employees generated under this Chapter results in a fractional number of employees. 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed or acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation o f f uture development is at the sole risk of the applicant, because. the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review shall include an employee housing plan or statement of exemption. B. An employee housing plan shall include the following: 1. Calculation Method. The calculation. of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and .architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling. units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off- site EHUs shall include a brief statement explaining the basis of the proposal; 9 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. . C. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan is located within a Special Development District or includes a request to convey property, in which case the Town Council shall approve, approve with modifications,. ordeny the employee housing plan. D. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter,. the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan. E. An approved employee housing plan shall become part of the approved application for development review for the affected site. 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously rented and shall not remain vacant for a-period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent, rental efforts are unsuccessful E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1 ~ 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate; 3. The employer; and 4. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant,. the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council 11 3i2si2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC determines that t he application o f t his C hapter w ould effect a n it legal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 3. If any part, section, subsection, sentence, clause or phrase of this. ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any .one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this. ordinance shall not affect any. right which -has accrued, any duty imposed, any violation that occurred prior to the. effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent h erewith ar e r epealed to t he extent o my o f s uch i nconsistency.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 13th day of March, 2007 and a public hearing for second reading of this Ordinance set for the 3`d day of April, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3~d day of April, 2007. ~ 2 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town .Clerk 13 3i2si2oo~ F:ICDEVIORDINANCES1071ORDINANCE NO. 7, SERIES OF 2007, COMMERCIAL LINKAGE, SECOND READING 0403.DOC ORDINANCE NO. 8 SERIES 2007 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 12-2-2, A ND THE ADOPTION OF A NEW CHAPTER 24, ENTITLED INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail has experienced a decrease in population during the past ten years due to market conditions that have given homeowners incentive to sell their properties; WHEREAS, during that period of time, housing costs in the Town of Vail have increased at a much higher rate than income has increased; WHEREAS, local residents own only approximately thirty-two percent (32%) of all homes in the Town of Vail, and onlytwenty-two percent (22%) of those homes that were built in 2005; WHEREAS, it is estimated that forty-seven percent (47%) of households in the Town of Vail earned less than one hundred percent (100%) of the area median income ($67,200 for an average two-person family) in 2006; WHEREAS, there are virtually no homes in .the Town's housing market that are potentially affordable to households earning less than one hundred forty percent (140%) of the area median income ($89,600 for an average two-person family); WHEREAS, there is a scarce supply of developable land in the Town of Vail; WHEREAS, through the Vail 2020 Strategic Planning Process, the community has identified employee housing as one of the highest priority issues for the Town to address; WHEREAS, there is a substantial, direct, and rational connection between the need for employee .housing. generated by new residential development and redevelopment and. the requirements for the. provision of employee housing, as documented in the report entitled, "Town of Vail Nexus/Proportionality Analysis for Employee Housing Mitigation Programs," prepared for the Town by RRC Associates, Inc., dated March 12, 2007, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; 1 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSlONARY ZONING, SECOND READING 0403.DOC WHEREAS, new residential development and redevelopment in the Town will result in new em ptoyees being ne eded for u ses in t he n ew bu ildings and for t he maintenance of the new buildings; WHEREAS, the Town Council believes that the provision of a reasonable. and appropriate percentage of new employee housing is the responsibility of new residential developments and redevelopments which have a nexus to new job generation and an impact on housing units available to local employees; WHEREAS, it is the Town .Council's goal to provide housing for at least thirty percent (30%) of the new employees generated from residential and commercial development in the Town through the conjunctive efforts of this ordinance and the Town's commercial linkage ordinance; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations which require mitigation of such impacts on employee housing in the Town of Vail NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition of the following definitions: INCLUSIONARY ZONING: A zoning obligation based on the community's need for employee housing considering many factors and secondary impacts, including scarcity of developable land; rising home values;. inadequate availability of employee housing in the market; and direct employee generation impacts. REMODELING: The alteration or renovation of the interior only of an existing residential dwelling unit in the Town of Vail, without .any increase in GRFA. RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single-family dwellings, two-family dwellings, multiple .family dwellings, fractional fee club units, lodge dwelling units, attached accommodation units, and timeshare units. Section 2. Title 12 of the Vail Town Code is hereby amended by the addition of the following new Chapter 24: CHAPTER 24: INCLUSIONARY ZONING 12-24-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the .Town of Vail .provide for a 2 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARY ZONING, SECOND READING 0403.DOC t reasonable amount of employee housing. to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within- the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercia! Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General. Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. .Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 3 3/29/2007 F:ICDEVIORDINANCES1071ORDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC r 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5.,500 square feet of new GRFA, the calculation would be as follows: 5,500 square feet of new GRFA x 70% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS:. A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs' under this Chapter. All EHUs shall meet or exceed- the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 200 Studio 438 One-Bedroom 613 Two-Bedroom 788 Three-Bedroom 1225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking. shall be provided as required by this Title. E. -Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. . F. EHUs shall not be included in the Town's calculations for density control G. Every EHU shall be allowed three hundred (300) square feet of additional garage area. Any EHU that does not have a garage shall 4 3/29/2007 F:ICDEVIORDINANCESI0710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC include a minimum o f an addit Tonal seventy five (75) square f eet f or storage in addition to normal closet space. 12-24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: The mitigation of employee housing required by this Chapter may be accomplished through one of the following methods: 1. On-site units. a. The requisite number of EHUs, or a portion thereof, may be constructed on-site, p rovided that al I o n-site EHUs ar e deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide on-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation.. 2. Conveyance of propert on-site real property to the Towr restrictions or issues exist that would sole discretion of the Town Council. / on-site. An applicant may convey of Vail on which no covenants, limit the construction of EHUs, at the 5 3i2sr~oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, 1NCLUSIONARY ZONING, SECOND READING 0403.DOC 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site,within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation.. 4. Payment. of fees-in-lieu. The Planning and Environmental Commission may approve payment of a fee-in-lieu for each square foot of employee housing required by this Chapter. a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be du a and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in-lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the ,property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. .The Town will provide credit for any EHUs constructed or acquired in anticipation of future residential development or redevelopment, provided that those EHUs .meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is' at the risk of the applicant, because the residential development shall be subject to all regulations 6 3/29/2007 F:JCDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARYZON/NG, SECOND READING 0403.DOC pertaining to EHUs which. are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed.. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for developments eview s hall include an employee housing plan or statement of exemption. B. An employee housing plan shall include the following: 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot .size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off- site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off- site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. 7 3/29/2007 F:ICDEVIORDINANCESI0710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARY ZONING, SECOND READING 0403.DOC C. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan is located within a Special Development District or includes a request to convey property, and then the Town Council shall approve, approve with modifications, or deny the employee housing plan. D. If modifications to a submitted application for development review .changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan. E. An approved Employee Housing Plan shall become part of the approved. application for development review for the affected site. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B, EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent, rental efforts are unsuccessful E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate; 3. .The employer; and 4. Evidence to demonstrate that at least one .tenant residing in the EHU is an employee at a business located in Eagle County. $ 3/29/2007 F:ICDEVIORDINANCES10710RDlNANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC 12-24-10: TIMING: All EHIJs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter .may. be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. .Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as .applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. ~ Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that t he application o f t his C hapter would effect a n it legal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect thevalidity of the :remaining portions of this ordinance; and the Town Council hereby declares it 9 3/29/2007 F:ICDEVIORDINANCES1071ORDlNANCE NO. 8, SERIES OF 2007, INCLUSIONARYZONING, SECOND READING 0403.DOC would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, an~r violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed t o. the ex tent only of such inconsistency. This repealer sha11 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 13th day of March, 2007 and a public hearing for second reading of this Ordinance set for the 3`d day of April, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3`d day of April, 2007. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk 1 ~ 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 8, SERIES OF 2007, INCLUSIONARY ZONING, SECOND READING 0403.DOC ORDINANCE NO. 9 SERIES OF 2007 AN ORDINANCE REPEALING AND REENACTING CHAPTER 12-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO INCORPORATE ADMINISTRATIVE- CHANGES TO THE EMPLOYEE HOUSING REGULATIONS AND REQUIREMENTS DUE TO THE ADOPTION OF COMMERCIAL LINKAGE AND INCLUSIONARY ZONING; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Title 12, Zoning Regulations, Chapter 12-13, Employee Housing, Vail Town Code, was originally enacted by the Town of Vail to regulate the provision of employee housing units within the Town of Vail; WHEREAS, it is now the Town Council's goal to provide housing for at least thirty percent (30%) of the net new employees generated from residential and commercial development in the Town through the conjunctive efforts of commercial linkage, inclusionary zoning and Chapter 12-13 of the Vait Town Code; WHEREAS, the Vail Town Council has determined that the adoption of commercial linkage and inclusionary zoning regulations are needed to mitigate the impacts of new commercial and residential development and redevelopment on the availability of employee housing in the Town of Vail; WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria, and findings outlined in Chapter 12-3 of the Zoning Regulations; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations which require mitigation of such impacts on employee housing in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE. TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-13 of the Vail Town Code, Employee Housing, is hereby repealed in its entirety and reenacted to read as follows: 12-13-1: PURPOSE: The Town's economy is largely tourist based and the .health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. 1 3r2si2oo7 F:ICDEVIORDINANCES10710RD/NANCE N0. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round. population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring employee housing is available. 12-13-2: APPLICABILITY: A. The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where EHUs are permitted or required, subject to subsection C hereof. B. Where the provisions of this Chapter conflict with the provisions of any other Chapter, the provisions of this Chapter shall control, subject to subsection C hereof. C. This Chapter shall not apply to any EHU constructed on or after May 1, 2007 in .any zone district that is subject to the requirements of Chapter 23 or 24 of this Title. 12-13-3: GENERAL REQUIREMENTS: A. Deed Restriction, Occupancy Limitations, and Reporting Requirements -Types I, II, III, and V: 1. No EHU shall be subdivided or divided into. any form of timeshare, interval ownerships, or fractional fee. 2. For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three (3) consecutive months. 3. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he/she meets these criteria. 4. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town. to the Community Development Department .containing the following information: 2 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READWG.DOC a. Evidence to establish that the EHU has been occupied throughout the year by an employee; b. The rental rate; c. The employer; and d. Evidence to demonstrate that at least one tenant residing in the EHU is an employee. 5. The deed restriction setting forth the provisions of subsection A shall be provided by the Town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail Town Council. Said restriction shall be recorded by the Town at the Eagle County Clerk and Recorder's office prior to the issuance of a certificate of occupancy. B. Development Standards: 1. No structure containing an EHU shall exceed the maximum GRFA. permitted in this title except as specifically provided herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall comply with Chapter 11 of this Title. 4. Each EHU shall have its own entrance. There shall be no .interior access from any EHU to .any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not)., provided .that no existing parking required by this Code is reduced or eliminated. A Type I EHU of five hundred (500) square feet or less of GRFA may be considered for physical. separation from the primary unit, if it is constructed in conjunction with a two (2) car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation, and does not dominate the street. The design review board shall review such requests for separation. 6. All EHUs shall contain a kitchen or kitchenette and a bathroom. 3 3/2si2oo7 F:ICDEVIORDINANCES10710RDINANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC 7. Occupancy of an EHU shall be limited to the maximum of two (2) persons per bedroom. C. Application Requirements: 1. Applicants for a conditional use permit for the purpose of constructing EHUs shall not be required to pay a conditional use permit application fee or design review application fee. 2. A development review application for a conditional use permit for the purpose of constructing EHUs is subject to review and approval by the Planning and Environmental Commission as provided in Chapter 16 of this Title. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Department of Community Development subject to a design review application. 4. A development review application for a Type II EHU shall include the signatures of all owners of the property (i.e., both sides of a duplex) or there shall be a letter accompanying the application from all owners agreeing to the addition of an EHU. Applications will not be accepted unless this provision is met. 5. Any existing legal nonconforming dwelling unit in the Town may be converted to an EHU administratively by the Town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the town, as' long as they otherwise comply with the development standards and parking requirements found herein and comply with the Town's building code requirements. Upon being converted to an EHU per this section, such dwelling unit shall be considered a legally conforming EHU and shall be governed by all requirements of this Chapter. D. Enforcement: All EHUs governed by this Chapter shall be operated and maintained in accordance with this Title. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction in accordance with Chapter 3 of this Title. E. Written Management Plan for Type V1 EHUs: For purposes of this Title, a Type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the planning and environmental commission. The management plan is the principal document in guiding the. use of a Type VI EHU. The 4 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC management plan shall be reviewed and approved by the Planning and Environmental Commission as part of the conditional use permit application for a Type VI EHU in accordance with Chapter 16 of this Title. 1. Management Plan Contents: a. Parameters: The management .plan shall include all relevant material and information necessary to establish the parameters of the Type VI EHU. b. Exclusive Use: The management plan shall demonstrate that the Type VI EHUs are exclusively used for and remain available for employee housing. c. Notice of Record: The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the .requirements of the plan shall be met with any future changes in ownership. d. Occupancy: The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three (3) consecutive months. e. Affidavit: No later than February 1 of each year, the owner of a Type VI EHU shall submit to the Department of Community Development one (1) copy of a sworn affidavit on a form from the Department of Community Development, to establish that the ,EHU has been used in compliance with the management plan. f. Other Items: The management plan shall include such other items as the Planning and Environmental Commission or the Administrator deems necessary. 2. Amendments: Amendments to an approved management plan shall be reviewed by the Planning and Environmental Commission in accordance with this Section. 3. Findings: In addition to the findings in Section 12-16- 66, the Planning and Environmental Commission shall make the following findings before approving a management plan: a. That the management plan is in accordance with the intent and purposes of this Chapter and Chapter 6, Article I of this Title. 5 3/29/2007 F:ICDEVIORDINANCES10710RD/NANCE N0. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC b. That the management plan effectively provides employee housing. c. That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a Type VI EHU. 6 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE: EHU Zoning districts permitted by right or by conditional use Ownership/ Transference Additional GRFA/Site Coverage Additional Site Coverage /Reduced Landsca a Area Garage Credit/Storage Requirement Parking Minimum/Maximum GRFA of an EHU Density Type I Permitted Use: The EHU maybe sold or GRFA: Site Coverage: Allowed 300 sq. ft. of Per Per Zone District. Counts as 2nd Primary/Secondary transferred as separate unit The EHU is entitled to The site is entitled to an garage area per enclosed vehicles ace at a Chapter 12-10 as a unit on property. Residential, Two-Family Residential on the property. d i an additiona1500 sq. ft. additional 5% of site maxirnutn of 2 arkin p g dwellin g red dee Previousl r u ( Y ~l coverage for EHU. spaces (600 sq. ft.). unit. (all with lots less than 14,000 restriction on both units to sq. ft.) allow sale) Landscape Area: All units not constructed with a garage shall be The site is entitled to a required a minimum 75 reduction of landscape sq. ft. of storage area in area by 5% (reduced to addition to normal closet 55% of site area) for space. This 75 sq. ft. EHU. shall be a credit for storage only. Type II Conditional Use: The EHU shall not-be sold The EHU is entitled to Allowed 300 sq. ft. of Per Dwelling unit: Allowed as 3rd Single-Family Residential, or transferred separately an additiona1500 sq. ft. additional garage area for EHU th Chapter 12-10 as a 300 sq. ft. min. unit on property. Does Two-Family Residential, from the unit it is associated with. GRFA credit. e . All units not constructed dwelling 1,200 sq. ft.rnax. not count as Primary/Secondary Residential, Agriculture & with a garage shall be umt. density. Open Space required a minimum 75 sq. ft. of storage area in addition to normal closet space. 'This 75 sq. ft. shall be a credit for storage only. 3/29/2007 F:ICDEVIORDINANCES107lORDINANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READING.DOC EHU Zoning districts permitted by Ownership/ Additional GRFA/Site Additional Site Garage Credit Parking Minimum/Maximum Density right or by conditional use Transference Coverage Coverage /Reduced GRFA of an EHU Landsca a Area Type III Permitted Use: The EHU may be sold Per Section 12-15-3, Type N/A Per Chapter A. Dwelling unit. Not counted Lionshead Mixed Use 1 or transferred III EHUs are excluded 12-10. 300 sq. ft. min. as density. Lionshead Mixed Use 2 separately. fiom the calculation of 1,200 sq. ft. max. GRFA. Conditional Use: B. Dormitory unit. Residential Cluster A type of EHU which Low Density Multiple-Family houses not more than Medium Density Multiple-Family five (5) persons and High Density Multiple-Family includes coirunon kitchen Public Accoirunodation facilities, a common Public Accommodation 2 bathroom, and a Commercial Core 1 minimum of two hundred Commercial Core 2 (200) sq. ft. of GRFA for Commercial Core 3 each person occupying Conunercial Service Center the EHU. Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type N Any dwelling unit maybe The EHU may only be Shall be determined by Shall be determined Per Chapter Shall be determined by Shall be designated and deed restricted as sold or transferred zoning on property.. by zoning on 12-10 as a zoning on property. determined by a Type IV EHU, unless already separately. property. dwelling zoning on designated as an EHU. unit. property. Type V Permitted Use: The EHU shall not be The EHU is not entitled to The EHU is not Per Chapter 1,200 sq. ft. max. Counts as 2nd Hillside Residential sold or transferred additional GRFA. entitled to additional 12-10 as a unit on separately from the unit garage area credit. dwelling property. it is associated with. unit: Type VI Conditional Use: As governed by the Allowable GRFA shall be Allowable site coverage Requirements shall Per Chapter Allowable GFRA shall Allowable management plan. determined by the PEC. and landscape area shall be determined by the 12-10 or as be determined by the density shall Housing be determined by the PEC. required by PEC. be determined Shall not be subdivided pEC, the PEC. by the PEC. or divided into any form of time share, interval ownership, or fractional fee unit. Note 1. GRFA credits shall only be utilized in the EHU and not other dwelling units on the property.. 8 3~2si2oo7 F:ICDEVIORD/NANCES1071ORDlNANCE NO. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READ/NG.DOC INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 93th day of March, 2007 and a public hearing for second reading of this Ordinance set for the 3~d day of April, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3~d day of April, 2007. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk 9 3/29/2007 F:ICDEVIORDINANCES10710RDINANCE N0. 9, SERIES OF 2007, REPEALING AND RE-ENACTING CHAPTER 13, EMPLOYEE HOUSING 0403 SECOND READ/NG.DOC RESOLUTION NO. 6 Series of 2007 A RESOLUTION ESTABLISHING THE 2007 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTER12-23, COMMERCIAL LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24, INCLUSIONARY ZONING, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007, the Vail Town Council will consider the adoption of Ordinance Nos. 7 & 8, Series of 2007, with the intent of establishing Commercial Linkage and Inclusionary Zoning requirements in the Town of Vail; and WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, payment of fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be accomplished; and WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the fees-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts accurately reflect the affordability gap between a two person household earning 120% of the Area Median Income (AMI) and the 2006 Median Cost per Unit; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Establishment of Fees-in-Lieu a. .The fees-in-lieu for each employee to be housed or for each square foot of employee housing provided in accordance with Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, .construction .and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed or for each square foot of employee housing provided in that year; b. An administrative fee of $3,000/per employee or $3.65 per square foot shall be added to the amount set forth in paragraph. a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. The calculation formula for .fee-in-lieu has been attached for reference (Exhibit A). 2. 2007 Payment of Fees-in-Lieu Amounts a. Fee-in-lieu per employee (commercial linkage) _ $131,385 b. Fee-in-lieu per square foot (inclusionary zoning) _ $236.65 3. Effective Date of the Resolution This resolution shall become effective upon the adoption of Ordinance Nos. 7 & 8, Series of 2007, more commonly referred to as the ordinances establishing Commercial Linkage and Inclusionary Zoning in the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 3~d day of April, 2007. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 2 Exhibit A zoos Fee-in-Lieu Calculation Formula 120% Area Median Income (2-person household) $76,800 Affordable Monthly Housing Payment $1,920 Property Taxes/Insurance/HOA (20% of Housing Payment) $384 Mortgage Payment $1,536 Maximum Mortgage Amount* $230,872 Affordable Purchase Price $243,023 Average Square Feet of Units 825 2006 Median Price per Square Foot (all units) $528 Cost per Unit $435,600 Affordability Gap/Payment per Unit in Lieu $192,577 *Assumes 5% down, 7% interest for 30 years. Gap per Employee (1.5 emps/household on average) $128,385 Administrative Fee per Employee $3,000 Fee per Square Foot per Employee $233 Administrative Fee per Square Foot per Employee $3.65 Fee-in-Lieu per Employee Fee-in-Lieu per Square Foot (Note -these figures to be established annually by the Vail Town Council) $131,385 $236.65 3