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2007-06-19 Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 19, 2007 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (10 min.) 2. Lorelei Donaldson ITEMROPIC: Commission on Special Events Appointment (CSE). (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the CSE. BACKGROUND RATIONALE: Applicants must be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail The term of the new member shall be until December 31, 2007 to fill the term vacated by Robert Aikens who had to resign due to personal reasons which didn't allow for him to attend the meetings at this time. Members of the CSE shall serve at the will of the Town. Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special, events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The Functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There is currently. one vacancy on the CSE. The Town received two (2) applications for the vacancy. The Council needs to interview each applicant at the work session and then appointment one applicant to the CSE at the evening meeting. The applicants are as follows: Bobby Bank Michelle Kobelan RECOMMENDATION: Appoint one member to the CSE. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Bighorn Park Update. The Department of Public Works would like to announce the reopening of the Bighorn Park Playground as of Monday, June 18th. The play area has been under construction since September. The redesigned play area includes artistic log "Bloom" structures constructed of beetle-killed lodge pole pine trees. There are multiple slides and custom climbers as well as several "spinners". The renovation budget was $346,000. Bighorn Park is also the location for the AIPP "Community Stone" project. The 5 foot boulder is engraved with the handprints of local children. The handprints were collected from schools and daycare centers throughout Vail in 2006. There will be an official .dedication at the July 12 Bighorn Neighborhood Picnic. • Update on Loading and Delivery. 4, ITEM/TOPIC: LionsHead Structure Update. (10 min.) 5. Gregg Barrie ITEM/TOPIC: Vail Whitewater Park Recreational Enhancements. (10 min.) ACTION REQUESTED OF COUNCIL: Based on the Council recommendations from the June 5th ,Work Session, Staff is requesting the following: 1. Approve a project budget of $ 376,000 for the construction of Alternative B AND 2. Authorize the Town Manager to enter into an agreement with Ted Siepel Construction, Inc. in an amount not to exceed $ 337,100 for the construction of the Vail Whitewater .Park Enhancements. BACKGROUND RATIONALE: During 2006, Town staff presented the concept of an adjustable Whitewater feature to the Town Council. Each time the project was presented, design and pricing were discussed, and the question was asked whether to continue with the project. In August, the Town Council overturned a Planning and Environmental Commission denial of the proposal. In March 2007, the town received 3 bids for the construction of the projecf. Working with the lowest bidder, staff developed 4 Alternatives for the Council to consider. The .Alternatives were presented at the June 5th Work Session. The recommendation from. the. Town Council was to return at the next meeting for approval of Alternative B. Amore detailed explanation of the alternatives are presented in the attached Memorandum. STAFF RECOMMENDATION: Staff recommends that this is the only option for making .any significant improvement to the Vail Whitewater Park. If the Council is inclined to fund the project, Staff recommends constructing Alternative B, increasing the project budget by $292,000 to a total of $376,000, and entering into a contract with Ted Siepel Construction, Inc to construct the project. 6. Stan Zemler ITEM/TOPIC: Discuss the proposed redevelopment of the Timber Ridge Employee Housing project, located at 1280 North Frontage Road with the Vail Town Council. (30 min.) 7. Kathleen Halloran ITEM/TOPIC: Discussion of Council Out of Cycle. Contribution Requests for 2007. (15 min.) ACTION REQUESTED OF COUNCIL: Decide on contributions to be included in the next supplemental for the 2007 Budget. BACKGROUND RATIONALE: To be provided in separate memo. STAFF RECOMMENDATION: To be provided in separate memo. 8. George Ruther ITEM/TOPIC: First reading of Ordinance No. 17, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots C1 - C5, Lions Ridge 1St Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 17, Series of 2007 on first reading. BACKGROUND RATIONALE: On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission approved (7-0-0) a motion recommending approval of the rezoning request to the Vail Town Council. STAFF RECOMMENDATION: The Community Development .Department recommends that the Vail Town Council approves Ordinance No. 17, Series of 2007, on first reading. 9. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 15, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffehr Creek Subdivision, -from Primary/Secondary (P/S) district to . Low Density Multiple-family (LDMF) district, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 15, Series of 2007, on second reading. BACKGROUND RATIONALE: On May 14, 2007, the Town of Vail Planning and Environmental Commission held. a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval with a condition of the rezoning request to the Vail Town Council. On June 5, 2007, the Vail Town Council unanimously approved Ordinance No. 15, Series of 2007, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the .Vail Town Council approves Ordinance No. 15, Series of 2007, on second reading. 10. Dwight Henninger ITEM/TOPIC: Second reading of Ordinance No. 16, Series 2007, An Ordinance to Prohibit -the Possession, Sale or Use of Fireworks within the Town of Vaii; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 16, Series 2007. BACKGROUND: Pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the Town. Ordinance No. 16 prohibits "fireworks" that are already- currently prohibited by Colorado state statute and will allow the Town to more effectively prosecute these types of violations in the Town of Vail Municipal Court. STAFF RECOMMENDATION: Approve second reading of Ordinance No. 16, Series 2007. 11. ITEM/TOPIC: Adjournment. (7:55 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, JULY 3, 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: Vail Town Council FROM: Department of Public Works DATE: June 19, 2007 SUBJECT: Vail Whitewater Park Enhancements A. BACKGROUND Recent Developments At the June 5, 2007, Town Council Work Session, staff was present to discuss the Vai Whitewater Enhancements Project and whether or not to proceed with construction. Based on that discussion, staff is recommending approval of Alternative B, which is outlined below, and is requesting that the Council increase the project budget as recommended below for the construction of the Park Enhancements. B. PROJECT COSTS AND RECOMMENDED ALTERNATIVE Bid Opening On April 9, 2007 the Town opened three (3) bids for the construction of the park. The lowest bid was $ 411,920. With a project contingency and remaining engineering, the total project cost would have been $ 459,000. However, by working with the lowest bidder, staff was able to reduce the cost and offer a suitable alternative to the bid design. Recommended Alternative The June 5`h Memorandum provided four Alternatives for the project. Each are outlined below, however staff recommends Alternative B because it offers essentially the same adjustability and control as Alternative A at a cost reduction of $ 63,000. Alternative B provides the following: Six (6) adjustable bladders • The installation of 8 polyethylene airlines. The additional two will allow for possible expansion at a later date with minimal investment. The bladders are air-filled by two compressors. The system is controlled by a computer program to inflate and deflate at certain times of the day. The computer is operated by a touch screen panel and allows for multiple programs depending on flow rates and user types. • It will take one or two seasons of "fine tuning" at which point the system should operate automatically on aday-to-day and hour-to-hour basis without staff input. • The system reads the water level using an `ultrasonic transducer' and the inflation of the bladders is automatically adjusted to variable water conditions and flows. • Four of the six bladders are individually adjustable. The remaining two, both on the upstream edge, are controlled simultaneously. • There is a high water override which will deflate the bladders in the event of unanticipated higher than normal or flood level flows. Construction: $ 337,000 Contingency: $ 33,000. Engineering: $ 6,000 Total: $ 376,000 Other Alternatives Alternative A -Bid Design w/minor value engineering This option includes minor deductions for some simple alterations. The Bid Design included eight (8) bladders, stainless steel airlines, and computerized controls. Construction: $ 394,000 Contingency: $ 39,000 Engineering: $ 6,000 Total: $ 439,000 Alternative C -Additional Scope Reductions This option deletes the computer system from Alternative B, therefore requiring manual operation. However, the computer can be added at any time in the future. Construction: $ 323,000 Contingency: $ 32,000 Engineering: $ 6,000 Total: $ 361,000 Alternative D -Cancel the project This option would only require finalization of some design bills, all well within the existing whitewater park budget. Summary • Alternative B offers essentially the same adjustability and control as Alternative A at a cost reduction of $ 63,000. Alternative C saves an additional $ 15,000 and allows for the future addition of the computer control system. Alternative D would return approximately $ 84,000 of the existing Whitewater Park budget to the RETT account. C. SCHEDULE AND BUDGET Schedule If approved and awarded, fabrication of the system components would begin in early July. Installation would occur during September 2007, and the system would be fully operational for the spring of 2008. Budget Alternative B $ 376,000 Existing Budget <$ 84,000> Additional Funding $ 292,000 Because the future of this project has always been uncertain, an accurate budget was never included in the annual RETT budget. If the project is to be funded and constructed this fall, funding would need to be included in-the next Supplemental Request. D. ACTION REQUESTED BY COUNCIL Based on the Council recommendation from the June 5th Work Session, Staff is requesting the following: 1. Increase the existing project budget by $292,000 to a total project budget of $ 376,000 for the construction of Alternative B AND 2. Authorize the Town Manager to enter into an agreement with Ted Siepel Construction, Inc. in an amount not to exceed $ 337,100 for the construction of the Vail Whitewater Park Enhancements. E. ATTACHMENTS Appendix A -Project Rationale Appendix B -Recent History Appendix A -Project Rational From the time when the Whitewater Park was constructed in the fall of 2000 there has been discussion of enhancing the features. However, concerns regarding the 100-yr floodplain prompted designers to look for an alternative to traditional static whitewater features. The proposed design uses inflatable rubber bladders attached to an existing concrete slab in Gore Creek to manipulate wave shape and size. The system can be controlled to optimize the feature for variable river flows. Several sensors are used to automatically adjust the bladders to daily flows or to deflate the system in the event of abnormally high flows. Stated plain and simply, because of floodplain concerns, a proposal of this type is the only possibility for significantly enhancing the recreational experience of the Vail Whitewater Park in its existing location. Appendix B -Recent History January 2006: • Staff presented the concept of an "adjustable whitewater feature" to the Town Council during a work session. • Staff requested direction of whether or not to proceed with the concept through the design process. • An informal show of hands from the Council indicated that staff should proceed with .design work. July 2006 Staff presented a refined design to the Town Council with a cost estimate of $336,500 for the construction of the park enhancements based on a proposal from a local contractor. At the time, the project was delayed by the U.S. Army Corps of Engineers permit process A show of hands from the Council indicated that staff should proceed through the design and bidding process, however, there was concern from some Council members regarding the cost and aesthetics of the project. August 2006 • The Planning and Environmental Commission (PEC) denied the installation of the adjustable whitewater feature by a vote of 4 to 3 against. • The Vail Town Council overturned the PEC decision by a vote of 5 to 2 for. October 2006 • The Town of Vail received a Nationwide Permit from the US Army Corps of Engineers to proceed with the project January -March 2007 • Completion of final design work • The Vail Whitewater Park Recreational Enhancements Project was put out to bid MEMORANDUM TO: Vail Town Council FROM: Stan Zemler DATE: June 19, 2007 SUBJECT: Summary of Town Council's discussion regarding redevelopment of Timber Ridge L Introduction On Tuesday, June 5, 2007, staff made a brief presentation to Town Council regarding specific issues related to the redevelopment of Timber Ridge. Some of the items discussed were requests for further clarification that Open Hospitality Group/Hillwood Capital. Partners (OHP) has requested and other items were brought up by the -Vail Local Housing Authority. The main topics of conversation were: / The mix of for-sale units and rental .units / The configuration of the for-sale and rental units / .Deed restrictions on some or all of the units, both for-sale and rental / Ownership of the land II. -Mix of For-Sate and Rental Units Town Council stated general satisfaction with the currently proposed mix of 312 rental units and 167 for-sale units. There was some concern noted about the market for 167 for-sale units in the highly dense development that is currently proposed. At least one Town Council member suggested that the developer do a site specific market study to ensure the depth of demand at this location and what sort of unit types and amenities would be expected by future owners. Town Council appeared to be comfortable that there was enough demand in the market for rental units at this location. III. Configuration of the For-Sale and Rental Units Town Council would encourage the developer to reconsider the unit sizes on the for sale units and create more one- and two-bedroom for-sale units. Town Council did not believe that this location and proposed density would appeal to families in Eagle County. Properly targeting the for-sale product will be critical. Again, further market research should be completed by the developer to ensure the market demand exists. Town Council recommends providing a variety of rental unit types. Recognizing that Town Council has not closely studied the rental market, they suggested a range of rental units from studios, one-, two-, three-, and four-bedroom units. Again, Town Council recommended a site specific market study to ensure the market's needs are being met with the rental units developed. IV. Deed Restrictions There was unanimous agreement from the Town Council members present that all units, for-sale and rental, should be deed restricted. There was not significant discussion regarding the type(s) of deed restrictions that should be put in place. Some discussion was had about a variety of types of deed xestrictions, some of which may carry a price appreciation cap. V. Land Lease The Vail Local Housing Authority has suggested that the Town and the developer evaluate the viability of providing a land lease to the developer rather than Fee Title to the property. The Town historically has had a policy of not selling land.. The Housing Authority believes that over the long term this will benefit the Town in multiple ways. When the term of the land lease expires the Town will be involved in future uses of the housing. The Town will have the ability to adapt to changing market forces. Additionally, if the courts take a more conservative view on long-term deed restrictions the Town would not be at risk of losing the desired use of the property. Of the Town Council members present there was a preference to see along-term land lease provided to the developer rather than sale of the property. VI. Purpose of Meeting The purpose of this evening's meeting is to hear feedback and comments from the public. The public comments from this evening's meeting will be used to further define the scope of the redevelopment of Timber Ridge Village Apartments. Open Hospitality Group/Hillwood Capital Partners (OHP) and their employee Housing partner Lincoln Property Company will continue to work with the Town of Vail to redevelop Timber Ridge. as a component of developing the Lionshead Parking Structure. ORDINANCE NO. 17 Series of 2007 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOTS C1- C5, LIONS RIDGE 1ST FILING, FROM SPECIAL DEVELOPMENT DISTRICT NO. 10, TIMBER RIDGE VILLAGE APARTMENTS, TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on June 11, 2007, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO. 5, SERIES OF 2007 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Lots C1 - C5, Lions Ridge 1St Filing shall be rezoned from Special Development District No. 10, Timber Ridge Village Apartments, to Housing (H) District, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other 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. ORDINANCE NO. 5, SERIES OF 2007 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of June, 2007 and a public hearing for second reading of this Ordinance set for the 3rd day of July, 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 3rd day of July, 2007. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO. S, SERIES OF 2007 Timber Ridge - 1280 North Frontage Road West \, Planning and Environmental Commission -June 11, 2007 - ~~` ~ ~ ~--- ~ ~ ~ _ ~ ~~ `~~ i !, ', is ~~ ____ /`~~., j4 ~ ~ \` _ _ ~ / ~~ _ _--- %: SDD#5 object Site _ = "" ~ ~--'" - PROPOSED ZONING ,ti, i'~ ~ Single-Family Residential ---- . - -" - ~ Two-Family Primary;Secondary Residenu:;, r ~.. SDD #'~10 - ~ Residential Cluster ~owDensity Multiple Family - ~ Medium Density Multiple Family - /i/~ ,i ~% " - Housing SDD#4 PJaturalArea Preservation / ~~ - ~ ~~~ ~ ~ ~ ndot Designated ~~~ ~~i/% ~~ ~~ /i ne e:ai .. ,::,w-u•,n * rauor: ~. aa~ i ~ ~ r q i,. .n.. . Q - e.< n r , x,.v~ r.r-sa o,~n rn. .r a no, i r i.o. ORDINANCE NO. 5, SERIES OF 2007 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 2007 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Village Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The applicant, the Town of Vail, has submitted a development review application to the Community Development Department to allow for the rezoning of the property commonly referred to as "Timber Ridge Village Apartments" to the Housing (H) District, located at 1280 North Frontage Road. The applicant has submitted the application in anticipation of the redevelopment of the Timber Ridge Village Apartments. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the applicant's development review application to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lots C1, C2, C3, C4 & C5, Lions Ridge 1St Filing Subdivision will be rezoned to Housing (H) district. According to the applicant, the rezoning is intended to facilitate the redevelopment of the Timber Ridge Village Apartments. If approved, Special Development District No. 10, Timber Ridge Village Apartments, would be repealed by the amending ordinance. It is important to note that should this request be approved by the Vail Town Council, the amending ordinance rezoning the property will also include provisions for repealing Special Development District No. 10 in its entirety. A vicinity map of the property to be rezoned and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND On February 20, 1979, the Vail Town Council adopted Ordinance No. 7, Series of 1979, establishing an Approved Development Plan for the creation of Special Development District No. 10, Timber Ridge Village Apartments. Pursuant to the adopting ordinance, Lots C1 through C5, Lions Ridge Filing 1 Subdivision was rezoned from the Residential Cluster (RC) District to Special Development District. No. 10 with no designated underlying zoning. On November 30, 2001, pursuant to Section 3D, Length of Commitment, of Ordinance No.7, Series of 1979, the deed restrictions defining the allowable uses on the property (ie, all occupants shall be full-time employees) expired, and in essence, eliminated the employee housing requirements on the site. On July 14, 2003, the Town of Vail purchased the Timber Ridge Village Apartments for $20 million and preserved nearly 600 employee housing rental beds in the Town of Vail. On July 18, 2005, the Town of Vail issued a request for proposals soliciting interest from potential developers for the redevelopment of the Timber Ridge Village Apartment. Since that date, the Town has been actively pursuing the redevelopment of property. IV. ROLES OF THE REVIEWING BODIES Rezoning/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding- uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the .compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12, Vail Town Code) Housing (H) District 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and fo provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended fo ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light,. air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. Pedestrian and bike paths. Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. In adopting the plan, the community designated the use of land with the goal of ensuring that the community's needs were addressed in the future. Pursuant to the implementation section of the Vail Land Use Plan, in part, the plan is intended to be used by the Town's decision makers -when considering future requests for development within the Town of Vail. VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under Special Development District No. 10 to that of the proposed Lionshead Mixed Use-1 District. Legal Description: Lots C1 - C5, Lions Ridge Filing 1 Subdivision Land Use Designation: High Density Residential Lot Size: 439,085 sq. ft./10.08 acres Development Standard SDD #10 Housing District Lot Area: N/A Setbacks: 20 ft. min. 20 ft. min.. ** Height: 35 ft. max. VII. VIII. Density Control: 24 d,u.s * GRFA: Per approved development plan Site Coverage: 45% max. 55% max.*** Landscaping: 30% min. 30% min. Parking 297 parking spaces Per Chapter 10 min. Off-street Parking Requirements * Development standards in each of these categories shall be as proposed by the applicant, prescribed by the PEC, and adopted on the approved development plan ** Variations to the minimum setback requirements maybe approved by PEC subject to the criteria established in the Zoning Regulations *** At the discretion of the PEC, site coverage may be increased if seventy five percent (75%) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met SURROUNDING LAND USES AND ZONING Land Use North: Open Space South: I-70 ROW East: Medium Density Residential West: Medium Density Residential Zoning Natural Area Preservation/ Low Density Multiple Family N!A Medium Density Multiple Family Medium Density Multiple Family CRITERIA AND FINDINGS Amendment to the Official Zoning Map of the Town of Vail (rezoning) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." 4 Furthermore, Section 12-3-7 C, Amendment, Vail Town Code, prescribes the criteria and. findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone Lots C1 - C5, Lions Ridge Filing 1 Subdivision, to the Housing (H) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the ..following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed rezoning specifically implements the Vail Land Use Plan land use designation of High Density Residential (HDR) which states, in part, that the purpose of this land use designation is, "to provide housing that typically consists ofmulti-floored structures with densities exceeding 15 dwelling units per buildable acre" According to Section 12-61-1: Purpose; Housing District, "The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts. It is necessary in this district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the. allowed types of uses. " This Zone District was specifically developed to provide incentives for properties to develop employee housing within the Town of Vail. The incentives in this. Zone District include increases in allowable gross residential floor area, flexible development standards, and increased density allowances. The primary goal of the incentives is to create economic conditions favorable to the development of employee housing in the Town of Vail. These incentives ensure that the Town's long standing development objective of creating sites for employee. housing is achieved. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Housing (H) District establishes zoning that is consistent with both exis#ing and proposed uses on the parcel. The proposed use of the property will remain high density deed restricted residential housing. The zone district amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining -land use designations include Open Space, Low Density Residential and Medium Density Residential. Pursuant to the Plan, the existing land use designation of the site is high density residential. A review of the Zoning Regulations demonstrates that the uses allowed in the Housing (H) zone district are compatible with both the intent and purposes of the high density residential land use designation. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Housing (H) District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan. Staff believes that the proposed re-zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while it is likely the overall density of development on the Timber Ridge Village Apartments development site will increase as a result of the zone district boundary amendment, the proximity of the development site to the North Frontage Road and the anticipated off site vehicular and pedestrian improvements that will likely result from any future redevelopment ensures a workable relationship among land uses. More specifically, the acknowledgement of the need for improved public transit facilities in the vicinity of the site and a future I-70 pedestrian/vehicle underpass ensures that the municipal development objective of providing multimodal means of transportation and adequate transportation systems will be achieved. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed re-zoning establishes consistent zoning for the property. This re-zoning. will create a zone district consistent with the existing and proposed use of the property. The proposed re-zoning will provide for the development of an orderly viable community consistent with the Town's development interests. as they relate to employee housing. For instance, the Vail Land Use Plan designates the site as "High Density Residentiar' (HDR). The purpose of this land use designation is, in part, "to provide housing that typically consists of multi-floored structures with densities exceeding 15 dwelling units per buildable acre". The purpose of the Housing (H) zone district is, in part, "to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zoning districts".and "to ensure that employee housing permitted in the district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate lighf, air, open spaces, and other amenities appropriate to the allowed types of uses." Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, .riparian corridors, hillsides and other desirable natural features; and The proposed re-zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. The site was disturbed during the course of construction of the existing development. Special attention shall be given to any existing geologic hazards that previously and presently exist on the development site or vicinity of the site. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Housing (H) District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district pursuant to the Vail Land Use Plan. A copy of the purpose statement of the Housing (H) District is provided in Section V of this memorandum. 7. The extent to which the zone district amendment .demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail has undergone an extensive study for the redevelopment of the Timber Ridge Village Apartments. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. This site, since its original development in 1980 and subsequent purchase by the Town of Vail in 2003, has long been considered an appropriate and desirable location for employee housing within the Town of Vail. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning .and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lots C1- C5, Lions Ridge 1St Filing Subdivision, to the Housing (H) District, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. .That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Vicinity Map ~~ ""~~ Timber Ridge- '128Q North Frontage Raad West ;s:~ _,r 'K'~; ~~': Planning and Environmental Commission -June 11, 2007 - ~"' --- - - n ,j7 ",_I~1]~ ~ f ~~s ~i F ~ ~ S ! Y ~'w ~ U ~' s'=7~ 7 c i v3,a l .•t.ti..,r 1. i. i ~~ .,---T ,~:a -~~e .vz~ 4~ 4- ~~ ~ i > *~~ ~ a -. ~ ~'~~~. ice' ~~ ~~,•. _~~~ ~- _ ~t~i"~a ~ I" ." _.: ~ tj+~" Subject Site . Sys ~~ . w ri'r a.' ~, `~ Ir,, {'~Px'".~ :~!~1P` ~ t~ "w ''j` ~i~ ~ -.'~` ~.~ ~' ~" -~r f ~'r e ~ ~ ~ }Y~ <5=,,° ~ ~ t Jc-F''~~~ r,~ ~~ ".C ;" ~'- w-. ~ ~-JRkr^ , f I~ r ~ r,,. - .. ,+°° .~~ '° _ ~ fi't' ~, ~ ~ r,.^ }~~ ~Y r> l .„+''~ - s/~ - ~'' -- ~ ~ 1 ~ ' - Y TlL'kaPTazeaaMtl lyt4l WrtoNaYOA"`a'oLLyDtP.Utto114kaptlo111 bt bl(~tttolPtttM tt of ~'. ket Ta tc<t ot'ral Ibti tMa~atattfi iWt oor Mgt Ilionnabt totDlaU It a4. 1 u aV lou ]hs .iw nlee atoo-t, palvl mt o-oltt~plo~t.aa~ 9 10 11 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 19, 2007 SUBJECT: Second reading of Ordinance No. 15, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffehr Creek Subdivision, from Primary/Secondary (P/S) district to Low Density Multiple-family (LDMF) district, and setting forth details in regard thereto. SUMMARY The applicant, Capstone Townhome Association, represented by Marc Levarn, President of the H.O.A., has submitted a development review application to the Town of Vail Community Development Department to allow for the rezoning of Lot 21, Buffehr Creek Subdivision, from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District (LDMF). The applicant has submitted the application in anticipation of the desire to perform several small residential additions to the existing units and possible new pitched roof. II. BACKGROUND On May 14, 2007, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval with a condition of the rezoning request to the Vail Town Council. On June 5, 2007, the Vail Town Council unanimously approved Ordinance No. 15, Series of 2007, on first reading. III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves, Ordinance No. 15, Series of 2007, on second reading. IV. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 15, Series of 2007, upon second reading. V. ATTACHMENTS A. Ordinance 15, Series of 2007 ORDINANCE NO. 15 Series of 2007 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 21, BUFFEHR CREEK SUBDIVISON, FROM TWO-FAMILY PRIMARY/SECONDARY (P/S) DISTRICT TO LOW DENSITY MULTIPLE-FAMILY (LDMF) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on May 14, 2007, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval with a condition of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO. 15, SERIES OF 2007 Y NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Lot 21, Buffehr Creek Subdivision, shall be rezoned from Two-Family Primary/Secondary (P/S) district to Low Density Multiple-Family (LDMF) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other 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. ORDINANCE NO. 15, SERIES OF 2007 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of June, 2007 and a public hearing for second reading of this Ordinance set for the 19th day of June, 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 19th day of June, 2007. Rodney Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO. 15, SERIES OF 2007 Capstone Condominiums -Lot 21, Buffehr Creek Subdivision Rezoning from Primary Secondary District to Low Density Multiple Family District Ordinance 15. Series 2007 ~. m ,,.~:n.,.,~:,~ X Subject Site ._ Ly ~ ~~ © \ \ ~ ~ '~ -- I'', '~ ZONING Two-Family Primaryl5econdary Residential u Residential Cluster Low Density Multiple Family Medium tensity Multiple Famiry Public Accommodation Z _ ~ _ Commercial Core 3 ~ Outdoor Recreation tJatural Area Preservation General Use r ORDINANCE NO. 15, SERIES OF 2007 ORDINANCE NO. 16 Series of 2007 AN ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE OF FIREWORKS WITHIN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS,. pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the town; and WHEREAS, the Council has determined that prohibiting .the possession, sale and use of fireworks within the Town of Vail is necessary to protect the health and welfare of the residents and guests of the Town of Vail, Eagle County, and the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Title 5, Vail Town Code, is here by amended by the addition of the following Chapter 10 "Fireworks," to read as follows: CHAPTER 10 5-10-1: DEFINITIONS 5-10-2: PROHIBITED ACTS 5-10-3: PERMITS FOR DISPLAY 5-10-4: INSURANCE AND BONDING 5-10-5: SEIZURE OF FIREWORKS 5-10-6 FIRE HAZARD DECLARATION 5-10-7: PENALTY FIREWORKS 5-10-1: DEFINITIONS: The following words and phrases, as used in this Chapter, shall have the following meanings: FIREWORKS: Any combustible or explosive composition, article, device, substance or combination of substances, prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or, detonation, including, without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used to propel the same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, day-glo bombs, torches, bottle rockets or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or device containing any explosive substances. Ordinance No. 16, Series of 2007 "Fireworks" shall not include: Toy caps which do not contain more than twenty-five hundredths (25/100) of a gram of explosive compound per cap, Sparklers, toy smoke devices, trick matches, cigarettes loads, trick noise makers, novelty auto alarms, highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices. MANUFACTURER: Any person who manufactures, makes, constructs or produces any fireworks article or device. RETAILER: Any person who sells, delivers, consigns or furnishes fireworks to another person. not for resale. WHOLESALER: Any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale. PYROTECHNIC SPECIAL EFFECTS MATERIAL: shall mean a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or .group entertainment productions. 5-10-2: PROHIBITED ACTS: It shall be unlawful for any person within the Town of Vail to sell, offer for sale, or possess with intent to offer for sale, or to use or explode any fireworks or pyrotechnic special effects material, except as provided in Section 5-10-3 herein. It shall also be unlawful for any person to violate a Fire Hazard Emergency Declaration as set forth in Section 5-10-6 of this Chapter. 5-10-3: PERMITS FOR DISPLAY: (A) The Fire Chief shall have the power to grant permits for supervised public fireworks displays and pyrotechnic special effects material, and to adopt reasonable rules and regulations for the granting of such permits. Any organization or public entity may apply for a permit for supervised public displays of fireworks and pyrotechnic special effects material, Application for a permit shall be made in writing at least fifteen (15) days in advance of the date of display. Before a permit is granted, the operator and the location and handling of the display shalt be approved, after investigation by the Fire Chief or his designee and a determination has been made that the requested display is of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. (B) The permit shall be granted only if the Fire Chief finds that the permit application, operator, and conditions meet the requirements of the Fire Code as adopted by the City in Title XI, Chapter 10, other requirements of this Code, and other reasonable requirements the Fire Chief deems necessary to protect the public welfare. (C) A permit shall not be transferred or assigned. (D) If the operations of a permittee require additional Town personnel to be assigned to the permitted event in order to protect the public welfare, the permittee shall pay in advance all labor and equipment costs associated with the assignment of such additional personnel. 5-10-4: INSURANCE AND BONDING: (A) No permit for a display of fireworks shall be issued pursuant to Section 5-10-3 until the applicant furnishes the Town with a certificate of insurance, naming the Town as an additional insured for purposes of the display, demonstrating the applicant's insurance coverage for liability for physical injury and property damage in an amount determined by the Town. (B) A bond may be required of each permittee in a sum not less than one thousand dollars ($1,000.00), conditioned for the payment of all damages which may be caused either to persons or property by reason of the licensed display and arising from the acts of the permittee, his/her agents, employees or subcontractors. Ordinance No. 16, Series of 2007 5-10-5: SEIZURE OF FIREWORKS: Any police officer of the Town, or the Fire Chief or his designee, shall seize, take and remove, at the expense of the violator, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this Chapter. 5-10-6: FIRE HAZARD DECLARATION: During conditions of extreme fire danger, the Town Manager and/or Fire Chief shall have the authority to declare a Fire Hazard Emergency. The authority granted herein shall be in the discretion of the Town Manager and the Fire Chief and shall include the ability to prohibit the sale, possession and use of any article, device or substance defined as "permissible fireworks" by the Colorado Revised Statutes as well as those items not included in the definition of "fireworks" pursuant to this Chapter. 5-10-7: PENALTY: it shall be unlawful for any person to violate a provision of this Chapter. A violation of any provision of this Chapter shall be a criminal offense, punishable by imprisonment or fine, or both, as provided in Section 1-4-1 of this Code and may also be subject to civil remedies provided by Colorado law. A separate offense shall be deemed committed upon each day such person is in violation of this Chapter and for each separate incident within a day. The Court shall consider the issue of restitution to any victim suffering personal injury or property damage through the illegal use of fireworks. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Council hereby declares it would have passed this Ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith. are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ , ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 5th day of June, 2007. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 19th day of June, 2007, at 6:00 P.M., in the Municipal Building of the Town of Vail. Rodney E. Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2007 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19~' day of June, 2007. Rodney E. Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2007 r TOWNOFYNL June 14, 2007 APRIL 2007 VAIL BUSINESS REVIEW The April Vail Business Review breaks down the four percent sales tax collected for April and the ski season. Overall April sales tax increased 2.0% with Retail decreasing 1.0%, Lodging increased 11.5%, Food and Beverage decreased 5.5% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 4.8%. The ski season (November -April) resulted in a 6.5% increase overall with Retail increasing 4.3%, Lodging increased 11.5%, Food and Beverage increased 6.9% and Utilities decreased 2.4%. Easter was in April in 2006 and 2007. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vaii ov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail ov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free. to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, VCJ~.~ Sally Lorton Sales Tax Administrator April 2007 SALES TAX VA/L VILLAGE April April April 2006 2007 Collections Collections Chance - -~ Retail 216,.251 209,156 -3.3% Lodging 140,763 1.38,014 -2:0°!° Food & Beverage 175,668 179,592 2.2% Other 34,125 4,478 -86.9% Total 5.66,807 531,240 -6.3% LIONSHEAD Retai I Lodging Food & Beverage Other Total April April April 2006 2007 Collections Collections Chan e 75,048 79,929 6.5% 96,634 111,036 14:9% 42,335 38,362 -9.4% 5,866 9,550 62.8% 219,883 238,$77 $.6% April 2007 SALES TAX ASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL Retail Lodging Food & Beverage Other Tota I April April April 2006 2007 Collections Collections Chan e 136,521 127,925 -6.3% 62,021 68,508 10.5% 57,765 4,215 260,522 42,743 4,982 244,158 -26.0% 'I 18.2% -6.3% OUT OF TOWN April 2006 Collections April 2007 Collections April Change Retail 33,578 39,880 ° 18.8 /° Lodging 2,535 19,001 649.5% Food & Beverage 605 379 -37.4% Utilities & 196,447 233,081 18.6°io Other --- - ------ - Total 233,165 - 292,341 25.4% i '~ April 2007 SALES TAX TOTAL April April April 2006 2007 Collections Collections Change , Retail ~~ 461,398 456,890 ° -1.0 /° Lodging 301,953 336,559 11,5% Food & Beverage I 276,373 2fi1,076 -5.5% Utilities & 240,653 252,091 4.8% Other Total 1,280,377 1,306,616 2.0% ' RETAIL SUMMARY April 2006 Collections April 2007 Collections April % Chan e FOOD 100,737 100,431 -.3% LIQUOR 20,568. 22,169 7.8% APPAREL 59,808 64,176 7.3% SPORT 182,535. 171,610 -6.0% JEWELRY 14,470 10,381 -28.3% GIFT 9,020 8,415 -6.7% GALLERY 4,796 2,641 -44.9% OTHER 68,775 76,815 11.7% HOME 689 252 -63.4% OCCUPATION TOTAL 461,398 456,890 -1.0% 2006/2007 Ski Season Sales Tax VAIL VILLAGE Ski Season Ski Season Ski Season 05/06 06/07 Collections Collections Chan e Retail 2,150,643 2,228,809 3.6%° Lodging 2,021,7.17 2,089,570 3.4% Food & Beverage 1,709,731 1,865,670 9.1 Other 93,483 51,021 -45.4% Total 5,975,574 6,235,070 4.3% LIONSHEAD Ski Season -Ski Season Ski Season 05/06 06/07. Collections Collections Chan ec~ Retail 680,292 704,895 3.6' Lodging 1,320,180. 1,448,140 9.7' Food & Beverage ~ 395,789 396;517 0.2' Other 40,001.. 57,019 42.5` Total I 2,43,6,262 2,606,571 7.0% 2006/2007 Ski Season Sales Tax CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VA/L Retail Lodging Food & Beverage i Other Total Ski Season 05/06 Collections 1,109,781 911,909 427,5$5 27,859. 2,477,134 Ski Season 06/07 Collections 1,144,388 1,050,406 445,549 32,254 2,672,597 Ski Season Change 3.1 15.2% 4.2% 15.8% OUT OF TOWN Retail Lodging Food & Beverage Utilities & Other Total Ski Season Ski Season 05/06 06/07 Collections Collections 252,090 295,724 40,457 199,194 9,493 ~f,342,146 1,644,186 10,663 1,327,732 1,833,313 Ski Season Change 17.3% 392.4%a 7.9% II 12.3% -1.1 % 11.5% 2006/2007 Ski Season Sales Tax TOTAL Ski Season 05/06 Collections Retai I Lodging Food & Beverage Utilities & Other Total Ski Season 06/07 Collections Ski Season °~° Change 4,192,806 4,294,263 2,542,598 1,503,489 i 4,373,816 4.3% 4,787,10 11..5°l° 2,718,399 6.9% 1,468,026 -2.4% 12,533,156 13,347,551 6.5°/© RETAIL SUMMARY 2005/2006 Ski Season Collections 2006/2007 Ski Season Collections Ski Season % Chan e FOOD 814,609 821,334 .8% LIQUOR 193,270 210,367 8.8% APPAREL 529,147 532,348 .6% SPORT 1,846,454 1,936,043 4.9% JEWELRY 165,698 168,057 1.4% GIFT 80,886. 85,085 5.2% GALLERY 36,042 44,848 24.4% OTHER 521,190 572,644 9.9% HOME 5,510 3,090 -43.9% OCCUPATION TOTAL 4,192,806 4,373,816 4.3% 2007 Athlete .Commission Financial Report Dame of Par#ner 2006 Rollover Funds Beaver Creek Resort Com an Town of Vail Vail Valley Foundation TOTAL ~3tYt@ dt /4t~1~e'te 6-200? tillin#er Funds Nathan Asoian Clair Bidez Dylan Bidez Kevin Hochtl Stacia Hookom Julia Littman Sarah Schleper Hunter Schleper Jonathan Stevens Zac Layman TOTAL Summer c~. i 9 . o ~1 ~,~5 ~~~~~ ~rn~-unt Comt~a~ed ` Baian~.e $0.00 $10,000 $10,000.00 $10,000 $20,000.00 $10,000 $30,000.00 $30,000 $30.000.oo ~o~i~nt ~ ~a~anc QiS#Ft~JU#ed ~3~sdQ~~~O $1,000.00 $29,000.00 $3,000.00. $26,000.00 $2,000.00 $24,000.00 $2,000.00 $22,000.00 $2,000.00 ' $20,000.00 $4,500.00 $15,500.00 $5,000.00 $10,500.00 $1,000.00 $9,500.00 $1,000.00 $8,500.00 $1,500.00 $7,000.00 $23,000 $7,000.00 oun# Reques#er Amoun# Qetern~ned To: Town Council From: Stan Zemler, Town Manager Subject: Loading & Delivery TOWNOF VAI~I~ Town Manager The Town of Vail's decision to evolve to distributed loading and delivery has been underway for several decades. The goal of this system is to provide a safe pedestrian environment for guests and employees and reduce noise and air pollution and the unsightliness of large delivery vehicles in the town's commercial core. This policy. has resulted in the development of a coordinated and dispersed town-wide loading and delivery network. One Willow Bridge, The Arrabelle at Vail Square, Vail Plaza Club, Solaris and the Front Door project all have delivery bays built into them. With the completion or near completion of these projects the time to develop an implementation plan has arrived. As you have been made aware, the first meeting held several weeks ago to launch this initiative did not go as well as planned. I am therefore recommending we slow this process down, and form a working group to assist in the development of an implementation strategy. I would propose that a working group consisting of the following representatives be formed: 2 -Town Council Members 1 - VCBA 1 - VVP 1 -Vail Resident 2 -Retail 2 -Restaurant 2 -Vendors 2 -Lodging These representatives would be selected by their respective peers. This group would be charged with developing several options to be considered by the Town Council. These options must include the utilization of loading and delivery bays, consideration of costs and other impacts, and the identification of any equipment and or staffing needs. This process will move forward on the presumption that the disbursed loading and delivery network will. soon be ready for utilization. The task at hand is to develop a Council supported plan for the successful use of the loading and delivery network. ?5 South Frontage Road • Uail, Colorado 81657 • 970-479-2106 /FAX 970-479-2157 www. vailgov. com ~~~ RI C,YG'/!'D PAP!'R