HomeMy WebLinkAbout2007-12-18 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, DECEMBER 18, 2007
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 8f657
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: Rod Slifer Recognition. (5 min.)
2• ITEM/TOPIC: Battle Mountain High School Cross Country State
Championship Recognition. (5 min.)
3• fTEM/TOPIC: Citizen Participation. (15 min.)
4• ITEMlPOPIC: Consent Agenda. (5 min.)
A. Annual appointment of newspaper of record for Town of Vail
publications and notices for 2008.
ACTION REQUESTED OF COUNCIL: Appoint The Vail Daily as
the newspaper of record for 2008 for the Town of Vail publications
and notices.
BACKGROUND RATIONALE: The town annually establishes a
newspaper of record for all public notices. This year, we
requested a bid from Eagle Summit Publishers, owner of all the
newspapers in Eagle County, and requested a bid for The Vail
Daily publications. The bid has been opened and the attached
bid is the result of the bid proposal.
The newspaper of record will be appointed at the evening meeting
of December 18, 2007 at 6:00 p.m., or as soon thereafter as the
matter can be heard.
RECOMMENDATION: Appoint a The Vail Daily as the
newspaper of record for 2008.
B. Election Commission Appointments for the Town of Vail.
ACTION REQUESTED OF COUNCIL: Appoint two electors of the
Town of Vail 1'o the election commission of the Town of Vail, for a
period of two gears (November, 2007 to November, 2009).
BACKGROUND RATIONALE: The election commission consists
of the town clerk. and two qualified and registered electors of the
town, who during their term of office shall not be town officers or
employees or candidates or nominees for elective town office.
These two members shall be appointed by the council in the first
December following a regular town election, for a term of two (2)
years and shall serve without compensation. The town clerk shall
be chairman. 'The election commission shall have charge of all
activities and duties required of it by statute and this Charter
relating to the conduct of elections in the town. In any case where
election procedure is in doubt, the election commission shall
prescribe the procedure to. be followed.
The commission shall provide procedures to establish proof of
residency qualification where residency is in question. Upon a
showing for good cause, the election commission may require
proof of residency by any person registered to vote or attempting
to register to vote in the Town of Vail. Said person shall not be
qualified to vote in any municipal election until the election
commission is satisfied that he has presented sufficient proof of
residency as required by law or ordinance adopted pursuant to
this Charter.
The election commission shall provide for ballots and sample
ballots or voting machines, for determination of the winner in the
event of a tie vote, for canvass of returns and for the issuance of
appropriate certificates.
RECOMMENDA'~rION: The Town Clerk is requesting the Town
Council to appoint Vi Brown and Summer Holm to the Election
Commission of the Town of Vail, to serve from November 2007 to
November, 2009.
5. Stan Zemler ITEMlTOPIC: Town Manager's Report. (10 min.)
• Wildlife Ordinance Update.
6. Pam Brandmeyer ITEM/TOPIC: A~>pointments to the CSE, VLMDAC, DRB, and
PEC boards. (15 min.)
ACTION REQUESTED OF COUNCIL:
1) Please interview the Commission on Special Events (CSE)
applicants at the worksession and appoint four applicants to
the CSE (term:s expire December 31, 2009) at the evening
meeting; and
2) Please interview the Vail Local Marketing Board Advisory
Council (VLMDAC) applicants at the work session and appoint
four applicants to the VLMDAC (terms expire December 31,
2009) at the evening meeting.
3) Please interview the Design Review Board (DRB) applicants at
the work session and appoint one applicant to the DRB (to fill
in the term vacated by Margaret Rogers, term expires March
31, 2008) at the evening meeting.
4) Please interview the Planning and Environmental Commission
(PEC) applicants at the work session and appoint one
applicant to the PEC (to fill the term vacated by Dick
Cleveland, term expires March 31, 2008) at the evening
meeting.
BACKGROUND RATIONALE:
CSE:
Members of the CSE shall serve at the will of the Town Council.
The CSE shall support the Town Council's goals and objectives
and makes decisions in alignment with the Town Council's
marketing direction. The mission of the CSE is to support street
entertainment and special events for vitality, year-round fun,
sense of community and increased quality of experience for
guests and residents. The Functions and/or duties of CSE shall
include, but are not limited to: hiring and overseeing a director
and/or staff, as well as event producers and/or promoters;
creating, funding and seeking special events for the Town of Vail;
evaluating event applications and event success; submitting an
annual budget for operations and events; coordinating the
community calendar for special events; seeking out additional
funding for special events through sponsorships and donations;
evaluating and executing contracts for special events; and all
other functions as directed by the Town Council.
There are currently four vacancies on the CSE. The Town
received seven (7) applications for the vacancies. Three
applicants are incumbent members of the CSE (noted by asterisks
below). The Council shall interview each applicant at the work
session and then appoint three applicants to the CSE at the
evening meeting.
The applicants are as follows:
Bobby Bank*
Mark Cervantes
Stephen Connolly
Tom Gorman
Rayla Kundolf
Robert McKown
Scott Stoughton*
I have enclosE~d an attendance summary and potential questions
to ask the applicants for the CSE for your review.
VLVL~C_:
The mission of the VLMDAC is to strengthen the area economy by
attracting visitors to Vail in the May to October time frame. Per
C.R.S. 29-5-111 General powers of district. (1)(g) Ali applicants
must be "owners of property within the boundaries of the district,"
which includes by definition corporations or entities which own
property "within the boundaries of the district." Should an entity be
appointed to this advisory council, it would then be up to that entity
to appoint its designee. Additionally, owners of "taxable personal
property" will bs~ considered for appointment.
There are currE~ntly four vacancies on the VLMDAC. The Town
received nine (Si) applications for the vacancies. Three applicants
are incumbent members of the VLMDAC (noted by asterisks
below). The Council needs to interview each applicant at the work
session and then appoint four applicants to the Vail Local
Marketing District Advisory Council at the evening meeting.
The applicants are as follows:
Mark Cervantes
John Dawsey*
Tom Gorman
Michelle Kobelan
John Monson
Laurie Mullen"
Peter Hayda"
Stephen Connolly
Susie Tjossem
I have enclosed an attendance summary and potential questions
to ask the applicants for the VLMDAC for your review.
PEC: Members of the PEC must be registered voters and
residents of the Town of Vail. Duties of the seven-member PEC
include review and determination of requests for variances and
conditional use ps~rmits, and recommendation to Town Council on
special development districts, subdivisions, rezonings, various
Town of Vail proposed plans and other community matters. The
term of the interim appointment begins December 19, 2007 and
expires on March 31, 2008, (this is an interim appointment to
finish out the term for Dick Cleveland, who was recently elected to
the Town Council).
There is currently one vacancy for PEC, The Town received two
(2) applications for the PEC. It is requested that the Town Council
interview each applicant at the work session and then appoint one
applicant to the PEC at the evening meeting.
The applicants are as follows:
Tom Gorman
Susie Tjossem
DRB: Members of the DRB must be residents of the Town of Vaii.
Duties of the five-member DRB include reviewing the design of
new structures, remodels, sign requests, landscaping plans and
other architectural and aesthetic matters. The term of this
appointment begins on December 19, 2007 and expires on March
31, 2008, (this is an interim appointment to finish out the term for
Margaret Rogers, who was recently elected to the Town Council).
There is currently one vacancy for DRB, The Town received two
(2) applications for the DRB. It is requested that the Town Council
interview each applicant at the work session and then appoint one
applicant to the DRB at the evening meeting.
The applicants are as follows:
Elizabeth Plante
Susie Tjossem
RECOMMENDATION: Appoint four persons to the CSE; four
persons to the VLMDAC; terms to end December 31, 2009. Also,
appoint one person to the PEC and one person to the DRB. to fill
the seats vacated by Dick Cleveland and Margaret Rogers, each
term to end March 31, 2008.
7. Mark Masinter ITEMlTOPIC: Discussion & Direction in regard to Open/Hillwood
proposal to redevelop the LionsHead Parking Structure. (1 hr.)
8. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 37, Series of
Stan Zemler 2007, An Ordinance Adopting a Use Tax on Construction and
Judy Camp Building Materials; Amending Title 2, Revenue and Finance, Vail
Town Code with the Addition of Chapter 8 "Use Tax on
Construction and Building Materials"; and Setting Forth Details in
Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
second reading of Ordinance No. 37, Series 2007.
BACKGROUND RATIONALE: The construction use tax ballot
question approved by Vail voters on November 6t" gives Town
Council the authority to implement a 4% tax on building and
constriction materials consumed or used in the Town of Vail
Proceeds of the tax are to be used exclusively for capital
acquisitions and capital projects in the town. Implementation of
the tax is accomplished by two readings of an ordinance which
sets the policy and administrative details relating to the tax.
Additional background information is included in Council's packet.
STAFF RECOIIAMENDATION: Approve, amend or deny second
reading of Ordinance No. 37, Series of 2007.
9. Nina Timm tTEM/TOPIC: 'The owners of two deed restricted Employee
Housing Units Oocated at 201 Gore Creek Drive (the Bell Tower
building) have rE;quested a release of the deed restriction on EHUs
located in the Bell Tower. In exchange for the release, the owners
are offering to provide the Town of Vail a Type IV deed restricted
unit at 4192 Spruce Way (Altair Vail Inn). (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions or deny the request.
BACKGROUND RATIONALE: It is the desire of the Bell Tower
Employee Housing Units owners to remove the two deed restricted
EHUs which total 597 square feet, located at the Bell Tower
building and replace them with a new deed restricted EHU located
at 4192 Spruce Way #A-201, which is 1,192 square feet. The
existing EHU square feet would then be incorporated into the
primary residence located on the third floor of the Bell Tower
building.
STAFF RECOMIUIEIVDATION: The Community Development
Department recommends that the Vail Town Council approves the
request subject to the applicant providing Altair Vail # A-201 as a
price appreciation capped, for-sale unit with a maximum initial
sales price of $1'78,650 to a qualified employee on the existing
Town of Vail Master Resale Lottery List.
10. George Ruther ITEM/TOPIC: Discussion of the First Reading of Ordinance No.
39, Series of 2007, an ordinance amending Section 12-2-2,
Definitions, and Sub-Sections 12-7B-2A, Definitions (basement or
garden level); 12-7'B-3A, Definitions (first-floor or street level); 12-
7H-2A, Definition;; (basement or garden level); 12-7H-3A,
Definitions (first-floor or street level); 12-71-2A, Definitions
(basement or garden level); 12-7K-3A, Definitions (first-floor or
street level), Vail 'T'own Code, to allow for amendments to the
definitions of "Basement or Garden Level" and "First Floor or
Street Level," and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 39, Series of 2007, on first
reading.
BACKGROUND RATIONALE: On December 10, 2007, the Town
of Vail Planning and Environmental Commission held a public
hearing on a request to amend Section 12-2-2, Definitions, and
Sub-Sections 12-7B-2A, Definitions (basement or garden level);
12-7B-3A, Definitions (first-floor or street level); 12-7H-2A,
Definitions (basement or garden level); 12-7H-3A, Definitions
(first-floor or street level); 12-71-2A, Definitions (basement or
garden level); 12-7K-3A, Definitions (first-floor or street level), Vail
Town Code, to allow for amendments to the definitions of
"Basement or Garden Level" and "First Floor or Street Level," and
setting forth details in regard thereto.
Upon review of the request, the Planning and Environmental
Commission voted 6-0-0 to forward a recommendation of approval
for the requested amendments.
STAFF RECOMMENDATION: Staff recommends the Town
Council approves Ordinance No. 39, Series of 2007, on first
reading.
~ 1. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 40, Series of 2007,
an ordinance approving a major amendment to a Special
Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an amendment to
Special Development District No. 17, Rams-Horn Lodge
Condominiums, for the specific purpose of allowing the remodel
and addition to the Rams-Horn Lodge Condominium building,
located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail
Village 5th Filing (PEC07-0038}. (25 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 40, Series of 2007, on first
reading.
BACKGROUND RATIONALE: On November 26, 2007, the Town
of Vail Planning and Environmental Commission held a public
hearing on a request for a major amendment to Special
Development District No. 17, Rams-Horn Lodge Condominiums,
to allow for the remodel and addition to the Rams-Horn Lodge
building. Specifically, the Applicant proposes to add a forth story
to the existing three story building to increase the number of
dwelling units from fourteen (14) to sixteen (16), and to increase
the number of attached accommodation units from twenty-one
(21) to twenty-four (24). As well, the remodel is proposed to allow
for the expansion of certain existing units, the expansion and
enhancement of common lobby area and the addition of one (1)
on-site employee housing unit. Upon review of the request, the
Planning and Environmental Commission voted 5-0-1 (Pierce
recused) to forward a recommendation of approval, with
conditions, of the request to amend Special Development District
No. 17, Rams-Horn Lodge Condominiums, to the Vail Town
Council.
STAFF RECOMMENDATION: Staff recommends that Town
Council approves Ordinance No. 40, Series of 2007, on first
reading.
12. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 41, Series of 2007,
an ordinance repealing and re-enacting Ordinance No. 24, Series
of 2004, establishing Special Development District No. 38, Manor
Vail, and setting forth details in regard thereto. The purpose of
Ordinance No. 41, Series of 2007, is to allow for a change in the
number of dwelling units, located at 595 Vail Valley Drive, by
combining two approved units into a single unit. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, cPr deny Ordinance No. 41, Series of 2007, upon first
reading.
BACKGROUND RATIONALE: On December 10, 2007, the Town
of Vail Planning and Environmental Commission held a public
hearing on a request for a major amendment to Special
Development District No. 38, Manor Vail. The purpose of the
major amendment was to reduce the maximum number of
allowable dwelli'~ng units by one .by combining two units into a
single unit, located at 595 Vail Valley Drive (Manor Vail
Condominiums)1Lots A, B, & C, Vail Village Filing 7, and setting
forth details in regard thereto.
Upon review of the request, the Planning and Environmental
Commission votE~d 6-0-0 to forward a recommendation of approval
of the request 1`o amend Special Development District No. 38,
Manor Vail , to the Vail Town Council.
STAFF RECOIVIIMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 41, Series of 2007, on first reading.
13. Buck Allen ITEM/TOPIC: First reading of Ordinance No. 42, Series 2007. An
Matt Mire Ordinance Amending Title 6, Chapter 3, Vail Town Code,
Regarding Criminal Injury to .Property, Larceny, Fraud and Related
Offenses; and Setting Forth Details in Regard Thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
first reading of Ordinance No. 42, Series 2007.
BACKGROUND: Effective July 1, 2007, Colorado statute
provides that a chiarge of criminal injury to property with a value
less than one thousand dollars will be considered a misdemeanor
criminal matter. Additionally, effective July 1, 2007, Colorado
Statute, provides municipalities additional power to prohibit
larceny up to one thousand dollars. By amending Title 6, Chapter
3, Vail Town Code, the Town Municipal Court will have jurisdiction
over these matters.
STAFF RECOMMENDATION: Approve, amend or deny first
reading of Ordinance No. 42, Series 2007.
14. Buck Allen ITEM/TOPIC: First reading of Ordinance No. 43, Series 2007. An
Matt Mire Ordinance Amending Title 7, Chapter 3, Vail Town Code,
Regarding Parking Infractions; and Setting Forth Detaiis in Regard
Thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
first reading of Ordinance No. 43, Series 2007.
BACKGROUND: Certain text amendments to the Vail Town
Code relating to the Town's parking regulations are necessary to
more effectively enforce the current parking policies.
STAFF RECOMMENDATION: Approve first reading of Ordinance
No. 43, Series 2007.
15. Rachel Friede ITEMlTOPIC: Second reading of Ordinance No. 32, Series of
2007, an Ordinance to enact prescribed regulation amendments to
Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail
Town Code, to allow for amendments to regulations pertaining to
outdoor display, sales signs, menu boards, and setting forth
details in regard thereto. (10 min.)
BACKGROUND RATIONALE: On October 8, 2007, the PEC
made a recommendation to the Vail Town Council of approval,
with modifications. The PEC worked through the text
amendments and came up with compromises on the text
amendments that are now proposed in the ordinance.
On November 20, 2007, the Vail Town Council unanimously
approved, with modifications, Ordinance No. 32, Series of 2007,
on first reading. The modifications to Ordinance No. 32, Series of
2007, included limiting display boxes to two per business frontage
and allowing specials boards to be freestanding when practical
difficulties exist for the specials boards to be attached to menu
boxes. The Vail Town Council also requested that staff draft
regulations for a leasing program of town-owned property to be
used for outdoor display of retail goods. The leasing program is
being proposed as a new Chapter in Title 8, Public Ways and
Property, Vail Town Code, and is included as part of Ordinance
No. 32, Series of 2007.
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail
Town Council approve, approve with modifications, or deny
Ordinance No. 32, Series of 2007, on second reading.
RECOMMENDATION: Staff recommends that the Vail Town
Council approve Ordinance No. 32, Series of 2007, on second
reading.
16. Kathleen HalloranlTEM/TOPIC: :>econd Reading of Ordinance No. 38, Series of
2007, an Ordinance making supplemental appropriations to the
Town of Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Funcf, Dispatch Services Fund and Heavy Equipment
Fund of the 2007 budget for ti ie Town of Vail, Colorado; and
authorizing the e;~penditures of said appropriations as set forth
herein; and settings forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Ask any questions or give
any comments regiarding the 3rd supplemental of 2007, Ordinance
No. 38, Series of 2007, an ordinance making supplemental
appropriations to the Town of Vail 2007 budget, in preparation for
approving the second reading during the evening session.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMEENDATION: Staff recommends that the Town
Council approves Ordinance No.,38, Series of 2007, upon second
reading this evening.
17. ITEM/TOPIC: Adjournment. (9:35 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, JANUARY 8, 2008 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.
/~
T10WNOF YAI~
Town Clerk
MEMORANDUM
T0: TOWN COUNCIL
FROM: Stan Zemler, Town Manager
RE: Legal Newspaper of Record for the Town of Vail
DATE: December 13, 2007
The town annually establishes a newspaper of record for all public notices. This
year, we requested a bid from Eagle Summit Publishers, owner of all the general
circulation of newspapers in Eagle County, and requested a bid for The jai/ Dai/y
publications. The bid has been opened and the attached bid is the result of the
bid proposal.
The newspaper of record will be appointed at the evening meeting of December
18, 2007 at 6:00 p.m., or a
s soon thereafter as the matter can be heard.
75 South Frontage Road .Vail, Colorado 81657.970-479-2136/ FAX 970-479-2320. www. vailgov. com
RECYCLED PAPER
Newspaper Bid Proposals for the Town of Vail for
2008
Newspaper Classified Ads/Legal Piuhlications Display Ads
Vail Daily $4.43 per column inch $3.89 Sun-Thurs
2008 6% increase from last year $4.12 Fri-Sat
Included Internet e-edition Included Internet e-edition
$4.18 per column inch $3.67 Sunday-Thursday
Vail Daily 5% increase from last year $3.89 Friday-Saturday
2007 Includes Internet e-edition Includes Internet e-edition
Vail Daily $3.99 per column inch $3.50 Sun-Thurs
2006 (*5 column format) $3.71 Fri -Sat.
(*6 column format)
5% increase from last ear
Vail Daily $3.80 per column inch $3.35 per column inch
2005 (*5 column format) Sunday -Thursday (*5
column format)
$3.52 per column inch
(Friday-Saturday) (*6 column
format)
Vail Daily
$3.60 er column inch
p $3.20 per column inch
2004
(Legals are based on a 5-column format (Display advertising, column
which is 1.867" wide and. 1" in depth) inch rate is based on a 6
column format which is
approx. 1.53" wide by 1" in
depth)
f
Vail Daily
December 12, 2007
Lorelei Donaldson
Town of Vail
Vail, CO
Lorelei,
Enclosed are the 2008 rates for the Town of Vail. All is fairly self explanatory and in the
same format as previous years. Your rate increase this year is 6°Io but still significantly
below our normal rates for other similarly contracted advertisers. Please let me know if
you have any questions.
Sincerely,
<~
Lance Fah ey
Advertising Director
Vail Daily
Ph. 970-748-2946
2008 Town of Vail Rates for Colorado Mountain News Media
(Vail Daily, Vail Trail & Eagle Valley Enterprise)
Newspaper Classified Ads/Legal Publications Display Ads
9
Vail Daily $4.43 per column inch $3.89 Sun-Thurs
2008 6% increase from last year $4.12 Fri-Sat
Includes Internet e-edition Includes Internet e-edition
Vail Daily $4.18 per column inch $3.67 Sun-Thurs
2007 5% increase from last year $3,89 Fri-Sat
Includes Internet e-edition Includes Internet e-edition
$3.50 Sun-Thurs
Vail Daily $3.99 per column inch $3.71 Fri -Sat.
2006 (*5 column format) (*6 column format)
5% increase from last year
Vail Daily $3.80 per column inch $3.35 per column inch Sunday -
Thursdav (*5 column formatl
2005 (*5 column format) $3.52 per column inch
(Fridav-Saturdav) (*6 column format)
Vail Daily
2004 $3.60 per column inch $3.20 per column inch
(Legals are based on a 5-column format (Display advertising, column inch rate is
which is 1.867" wide and 1" in depth) based on a 6 column format which is
annrnY 1 S'~" ~niiria by 1" in rianthl
T~O~VN OF VAIN
MEMORAN®UM
TO: Town Council
FROM: Lorelei Donaldson
DATE: November 30, 2007
Town Clerk
SUBJECT: Appointment of Two Electors of the Town of Vail to the Election Commission
Per the Town of Vail Code/Charter, every two years the Town Council must appoint two electors
of the Town of Vail to the Election Commission for a two year term.
The election commission consists of the town clerk and two qualified and registered electors of
the town, who during their term of office shall not be town officers or employees or candidates or
nominees for elective town office. These two members shall be appointed by the council in the
first December following a regular town election, for a term of two (2) years and shall serve
without compensation.
The town clerk shall be chairman. The election commission shall have charge of all activities
and duties required of it by statute and this Charter relating to the conduct of elections in the
town. In any case where election procedure is in doubt, the election commission shall prescribe
the procedure to be followed.
The commission shall provide procedures to establish proof of residency qualification where
residency is in question. Upon a showing for good cause, the election commission may require
proof of residency by any person registered to vote or attempting to register to vote in the Town
of Vail. Said person shall not be qualified to vote in any municipal election until the election
commission is satisfied that he has presented sufficient proof of residency as required by law or
ordinance adopted pursuant to this Charter.
The election commission shall provide for ballots and sample ballots or voting machines, for
determination of the winner in the event of a tie vote, for canvass of returns and for the issuance
of appropriate certificates.
I request that the Town Council appoint Vi Brown and Summer Holm to the Election Commission
of the Town of Vail, to serve from November 2007 to November, 2009.
75 South Frontage Road .Vail, Colorado 81657.970-479-2136/FAX 970-479-2320 . www.vailgov.com
=~ RECYCLED PAPER
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Department of Police
TO: Town Council
Stan Zemler, Town Manager
FROM: Dwight Henninger, Chief of Police
Ryan Millbern, Peace Officer
DATE: December 18, 2007
SUBJECT: 2007 Bear Season in Review
When Council made changes in the Wildlife Protection ordinance (Chapter 5-9-1 of the
Town Municipal Code) in, 2006, they asked for an update at the conclusion of the bear
season of 2007. 'Below are the statistics and outcomes of the updated ordinance,
education program and stricter enforcement posture. It is recommended the same
enforcement posture continue during 2008.
Public Awareness:
1) Radio: '~ ~3 radio PSA's ran on three different stations (KSKE, The Eagle, and
Jack FM)
2) Television: Numerous appearances on Plum TV, TV8, and News 4 Denver.
-70 Live TV 1'0 also ran notices.
3) Print: Numerous articles in Vail Daily since October 2006 including one
article in Denver Post. 32 "Get a Nicer Can" ads were printed in the Vail Daily.
Featured. in the Front Line Construction newsletter, ,TOV Weekly News, News
You Can Use, and Town Talk.
4) Giveaways: 500 squishy bears have been given away.
5) Rebafe Contest: 60 entries with 10 winners were reimbursed $150 for
purchasing a wildlife resistant trash container televised on Plum TV.
6) Direct Mail: A letter from Mayor Slifer was sent fo every Honeywagon and
Waste Management customer. Reminders were sent to restaurants and bars
by Environmental Health Officer Bill Carlson.
7) Email: Reminders were sent to 1210 address email list through Vail-Mail,
construction updates, and general news releases. Vailgov.com was used
extensively to convey the message.
8) Miscellaneous: Collaborated with Vail Valley Partnership and Vail Village
Homeowners to send reminders to members. "Get a Nicer Can" bumper
stickers were placed on TOV vehicles.
Statistics:
1) Notices: Approximately 1000-1200 notices were handed out explaining the new
ordinance prior to enforcement action taking place early in 2007. This included
warnings and thank you notifications to those who were already using a wildlife
resistant container.
2) Warnings: 432 compared to 135 last year, a 220% increase over 2006.
3) Summons: 81 compared to 40 last year, more than double from 2006.
4) Munici al Court: Muni court total of fined violators was $9,020.00, which
averages to $111.35 per summons.
5) Bear Break-ins: ZERO
6) Bears Euthanized in Vail: ZERO
Comparisons:
1) Statewide: 2007 will be recorded as one of the worst for bear/human
encounters. DOW reports it will break the 2002 record of 57 conflict bears
being euthanized, with 59 this year. DOW will have responded to almost four
times the amount of bear calls compared to 2006. In one week, Telluride PD
responded to 72 bear calls. During the same week, VPD responded to three
bear calls.
2) Re_gionaL The Roaring Fork°Valley put down over ~ ~ bears this year. This
area had at least three bear of .:~' -~ involving humans, related to improper
storage of food trash. In general, this area either does not have comparable
laws in place or they are not enforced by local agencies.
3) Local: DOW reported four Conflict bears being put down in the Eagle Valley.
Half of those were in Beaver Creek, with others further west.
Conclusions:
1) Bear Activity- The 1 ~~ `-, increase of bear activity Sunday-Wednesday, we
believe, occurred because garbage meals were not accessible all week long
as in the paste. Monday and Tuesday are the main collection days for Vail. It is
our belief that the bears waited for the build up of garbage odor before
spending calories to come_into town and investiga#e. Additionally, the caloric
expenditures were not worth fighting with wildlife resistant garbage containers
when the amoun# of.odor indicated the amount of food would be small.
The 32% increase in bear activity from 6 PM to 6 AM, we believe, is also due
to the fact easy garbage meals were not readily available. The bears seemed
to spend the bulk of their foraging hours, especially in the fall, in their natural
environment, coming into town at night in an attempt to feed, when fewer
humans were present.
2) Lack ofBreak-ins/Conflict Bears -Several different factors led to the lack of
a single bear break-in during 2007. While the majority of berry crops in the
state failed this year, our local crop was partially viable. While not ideal, these
crops provided some natural food sources for the local ursine population.
However, we feel the new ordinance was the largest contributor in the change
of TOV ursine behavior. The educational effort the TOV and Vail Police
Department undertook made a large impression on the public. Our
educational campaign directly influenced the success of the ordinance.
As with any ordinance, it is only as good as its compliance and enforcement.
The Vail Police Department along with the Municipal Court's efforts in
enforcing this ordinance was vital to its success.
While the early success of the new ordinance is a positive sign of things to
come, it should be noted that long term ursine behavior changes take several
generations. Future enforcement and viable berry crops/natural food sources
are imperative to the continued lack of human/bear conflicts.
Miscellaneous:
1) National and International acclaim for our efforts: We are receiving calls
from numerous agencies wishing to use our slogan, artwork (Hill and Co.),
and squishy bear giveaways. The artwork is available to other communities
for a modest fee of $150 as a public service. Communities are also asking for
advice in how best to get an ordinance like ours passed. We have received
calls from as far as Canada as well as the East Coast.
2) Local acclaim' Our efforts have resulted in the Eagle County
Commissioner's duplicating our ordinance for unincorporated areas of the
county.
To: Town Council
From: Stan Zemler, Town Manager
Subject: Proposed Retreat Agenda
Attached is a proposed retreat agendas for the January;~22 Meeting `(
8:30 A.M. ~.
Guest speaker, current and future trends in snow sport industry.
9:00 A.M. Summa r
ry - 2007 Community Survey ~, Vai120/20.
9:30 A.M. TOV staff- Areas of.work 2008-09.
10:30 A.M. Break.
11:00 A.M. Town Council Top-five priorities 2008 09.
12:00 Noon Lurieh~- Vail Resorts Guest Speaker.
2:00 P.M. Values, Teamwork Approach< Vision, Mission, Commitment.
2:3Q P.M. j
Break
3:00 P.M. Town Council Areas of Focus for 2008-09.
3:30 P.M. Discussion of staff relationship with Council and Councilmember to
Councilmember relationships.
ifIWN(~YAQ,
CGUIV'CIL RETREAT
January 22, 2008
Previous Council identified the following five areas of strategic focus which have been
used to guide the annual budgets for 20105, 2006 and 200.7:
• Facilitate Vail's Redevelopment`
With more than $1 Billion in redevelopment proposed for• the next several
years, the Town of Vaia must be prepared to facilitate this much needed
revitalization ofprivate and public,.property.
• Address Issues Proactively
Continue to proactively pursue resolution to projects important to Vail's
future.
• Elevate Community Leadership
Council and staff will ~ be leaders`, in setting a positive tone through
partnership;•` cooperation~..~-and ~ coordination with Vail Resorts, Vail
Recreation. District, Business Community, Eagle County and other
municipalities.
• Improve Local Economy
Improves<the economic -health of. Vail, while being fiscally responsible.
Focus on<reveesing trends of flat sales tax growth and increased regional
`competition... ~;~ ~.. `-
• Add to Vail's Appeal as,-a Great Place to Live, Work and Play
Improve`i1~ie quality~of life experiences for residents and guests.
Staff is requesting each Council Member identify his/her recommended areas of strategic
focus for 2008-2009. These initiatives will be discussed and prioritized at the retreat.
Additionally, staff is asking Council to identify specific program(s) that would fulfill the
focus areas. As an. example, if the environment is an area of focus perhaps a program
would be: curbside recycling. Another might be forest health /continuing beetle kill
mitigation.
1.
a.
b.
c.
~~
2.
a.
b.
c.
3.
a.
b.
c.
4.
a.
b.
c.
5.
a.
b.
c.
2
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December 1 1, 2007
Mr. Stan Zemler
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
RE: Offer to Purchase approximately
Dear Stan:
HOSPITALITY PARTNERS
acres of land at Timber Ridge Village Apartments in Vail, CO.
This Letter of Intent summarizes the proposed terms and conditions for the acquisition, development and operation
of an approximate 316-unit employee housing and apartment complex ("DEVELOPMENT"). We are prepared to
execute this Letter of Intent immediately.
Purchaser: A to be formed partnership of Open Hospitality Partners ("OHP") or Assigns..
Seller: The Town of Vail ("TOV")
Property: Certain land and improvements described above and also known as 1280 North Frontage
Road, Parcel Number 21031205008, Lots C1- C5, LionsRidge Filing #1. The property to
be acquired by OHP for construction of the DEVELOPMENT consists of
approximately acres as shown highlighted on attached site plan, Exhibit A (the
"property")
Purchase Price: $13,200,000 in cash at closing,
Earnest Money: Provided that both Purchaser and Seller agree on mutually acceptable terms, please be
advised that Purchaser, upon execution of the contract, shall cause to be deposited with a
mutually agreeable Title Company (the "Title Company") the amount of seventy five
thousand dollars ($75,000.00) upon contract execution. And an additional seventy five
thousand dollars ($75,000.00) shall be deposited at the expiration of the Feasibility
Period. The Deposit shall be deemed an earnest money deposit hereunder and is herein
referred to as the "Earnest Money," and shall be applicable to the purchase price at
closing.
Purchase and Sale
Agreement: TOV and OHP will enter into good faith negotiations for a mutually acceptable Purchase
and Sale Agreement containing the terms and conditions under which TOV will convey
2525 McKinnon Street Suite 750
Dallas, TX 7520]
214.750.0011 Fax 214.750.0060
the Property to OHP and Ol-IP will construct and operate the DEVELOPMENT, which
terms and conditions will include but not be limited to the following:
a) Title Review. TOV will provide a more complete
description of the Property and will provide OHP with a Title
Commitment and Survey for the Property. OHP will have the
opportunity to review the Title Commitment and Survey and
satisfy itself that the Property will be conveyed to OHP free
and clear of all liens and encumbrances, other than permitted
encumbrances.
b) resign Apprcval.TOV vrill have the right to review and
approve the conceptual exterior design of the
DEVELOPMENT to be constructed'on the Property.
c) Declaration of Covenants, Conditions, Restrictions and
Easements. As part of the Purchase and Sale Agreement,
TOV and OHP will negotiate the terms and conditions of a
rnutually acceptable Declaration of Covenants, Conditions,
Restrictions and Easements ("Declaration") relating to the
construction and operation of the DEVELOPMENT on the
Property including, but not limited to (i) the grant and
reservation of easements; (ii) design approval; (iii) utility
service and (iv) taxes and assessments.
D) TOV will use best efforts to facilitate all entitlements
necessary for construction of the DEVELOPMENT, in
conjunction with OHP
Title: 7'OV, at TOV's expense, shall cause the "Title Company" to issue a Preliminary Title
Report (the "Title Report";!, accompanied by legible copies of all recorded documents
relating to easements, rights-of--way, and all other matters of record affecting the
Property. OHP shall have a. period of time, to be acceptable to TOV, to review the title
and object to same. TOV shall then have a period of time that shall be agreed upon by
and between TOV and OHF' to cure such objections.
Survey: TOV, at TOV's expense, shall cause to be delivered a current survey of the Property,
prepared by a duly licensed Colorado land surveyor acceptable to the Purchaser and the
Title Company (the "Survey").OHP shall have a period of time to be agreed upon
between OHP and TOV to object to the Survey, and TOV shall have a period of time
agreed upon between OHP and TOV to cure such objections. The Title Report and
Survey shall be updated by Seller at its expense within thirty (30) days of closing.
Feasibility Period: OHP shall have a period of sixty (60) days from the execution of Contract or receipt of
the last of the documents to be provided by Seller, whichever is the last to occur (the
"feasibility Period"), to enter upon the Property to determine if the Property is suitable,
in OHP's sole discretion, for purchase by OHP. OHP shall be entitled to snake such tests
and do such other things as Purchaser, in its sole discretion, may deem necessary in
making such determinations. In the event OHP in its sole and absolute discretion
determines that the Property is not suitable to OHP, OHP at its sole option may notify the
Title Company in writing on or prior to the date of expiration of the Feasibility Period
that it has elected to terminate the Contract, in which event the Title Company shall be
2525 McKinnon Street Suite 750
Dallas, TX 75201
214.750.001 1 Fax 214.750.0060
obligated to return the Earnest Money Deposit to Purchaser less the sum of One Hundred
Dollars ($100) as independent consideration for the Contract.
Zoning: 'fhc contract is subject to TOV obtaining a change in zoning, receipt of all permits,
approvals or entitlements necessary to develop the project as designed which are
acceptable to OF{P prior to closing. If zoning is not obtained within 180 days, OHP may
terminate the contract and al.l Earnest Money, less the sum of One Hundred Dollars
(S 100) as independent consideration for the contract shall be refunded to OHP.
Target Critical
Dates: Execute Letter of Intent with the Town of Vail - 12/20/07
Execute Development Agreement and Purchase and Sale Agreement- 02/15/08
Finalize Entitlements - 07/01/08
Finalize all necessary permits and approvals - 02/01/09
Close on land & commence construction - 04/15/09
Complete construction -'12/01 / 10
Closing: Closing of the Purchase and Sale ,Agreement shall occur after the later of April 15, 2009
or thirty (30) days after OHP gives written notice to TOV that it has received all needed
permits and approvals to allow construction of the DEVELOPMENT, and all Tenants
have vacated the property in preparation for demolition. [f OHP has not obtained such
permits and approvals by March 1, 2009 following execution of the Purchase and Sale
Agreement, then either party may terminate and be relieved of further obligation to the
other. [n the event of said occurrence, all Earnest Monies shall be refunded to OHP at
such time.
Representations &
Warranties: The contract shall contain such covenants, agreements, representations and warranties as
TOV and OHP may agree.
Assignment: OHP shall have the right, after giving written notice to TOV, to assign all rights to an
affiliate. OHP may assign to any other entity with the prior written approval of TOV not
to be unreasonably withheld or delayed.
Deed Restrictions: OHP will agree to an Employee Housing Deed Restriction on the property.
Other Documents: Seller hereby agrees that ten (10) days from the acceptance of this Letter of Intent, it shall
provide Purchaser with all engineering reports, site plans, agreements, surveys,
warranties, guaranties, currently existing with respect to all or any part of the Property
and any other data available to Seller, including but not limited appraisals, environmental
reports, and ad valorem tax statements for the Property for the previous year.
Non-Binding
Agreement: This is anon-binding Letter of Intent outlining certain proposed terms and conditions for
a possible transaction between OHP and TOV relating to the DEVELOPMENT on the
Property. Neither OHP nor TOV will be bound to the transaction until and unless a
mutually acceptable and complete Purchase and Sale Agreement, and ant other necessary
documents, are negotiated and executed by OHP and TOV.
2525 McKinnon Street Suite 750
Dallas, TX 75201
214.750.001 l Fax 214.750.0060
If the terms of Letter of Intent are acceptable, please indicate yow• acceptance by signing a copy thereof in the space
provided and returning it to me.
By:
Town of Vail
The foregoing Letter of Intent is hereby agreed to and accepted this __ day of December, 2007
Open Hospitality Partners
By:
Mark L. Masinter
Best,
Open Hospitality Partners
Mark L. Masinter
President
2525 McKinnon Street Suite 750
Dallas. TX 75201
214.750.001 1 Fax 214.750.0060
ORDINANCE NO. 37
Series of 2007
AN ORDINANCE ADOPTING A USE TAX ON CONSTRUCTION AND
BUILDING MATERIALS; AMENDING TITLE 2, REVENUE AND FINANCE,
VAIL TOWN CODE 13Y THE ADDITION OF CHAPTER 8 "USE TAX ON
CONSTRUCTION AND BUILDING MATERIALS"; AND SETTING FORTH
.DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and
State of Colorado, is a home rule municipal corporation duly organized and
existing under laws of the State of Colorado and the Town Charter (the
"Charter");
WHEREAS, the members of the Town Council of the Town of Vail (the
"Council") have been duly elected and qualified;
WHEREAS, at an election held on November 6, 2007, the voters of the
Town approved the following ballot question: "SHALL THE TOWN OF VAIL'S
TAXES BE INCREASED BY $4,000,000 IN FISCAL YEAR 2008 AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY
THEREAFTER THROUGH THE ADOPTION OF A USE TAX ON THE
PRIVILEGE OF STORING, USING AND/OR CONSUMING IN THE TOWN OF
VAIL ANY CONSTRUCTION AND/OR BUILDING MATERIALS PURCHASED
AT RETAIL INSIDE OR OUTSIDE THE TOWN, AT THE RATE OF FOUR
PERCENT (4%) OF THE RETAIL COST OF SUCH MATERIALS AND SHALL
THE TOWN BE AUTHORIZED TO COLLECT AND SPEND SUCH REVENUES,
INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREON,
EXCLUSIVELY FOR CAPITAL ACQUISITIONS AND CAPITAL PROJECTS IN
THE TOWN OF VAIL AS A VOTER APPROVED REVENUE CHANGE
NOTWITHSTANDING ANY REVENUE OR EXPENDITURE LIMITATION,
INCLUDING THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION?"; and
1
WHEREAS, the following amendments to the Vail Town Code are
necessary to provide for the use tax approved at the election:
NOW, THEREFORE,- BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO 1"HAT:
Section 1. Title 2 of the Vail Town Code is hereby amended by the addition of
a new Chapter 8 to read as follows:
CHAPTER 8: USE TAX ON CONSTRUCTION AND BUILDING MATERIALS
Section:
2-8-1: Title, Purpose and Applilcability
2-8-2: Definitions
2-8-3: Imposition and Rate of Tax
2-8-4: Collection
2-8-5: Exemptions
2-8-6: Duties and powers of Finance Director
2-8-7: Books, Records, Reports and Returns
2-8-8: Audit
2-8-9: Limitation of Actions
2-8-10: Lien
2-8-11: Penalties and Interest
2-8-12: Remedies not Exclusive
2-8-13: Refunds
2-8-14: Hearing before Finance Director
2-8-15 Waiver
2-8-16: Disposition of Funds
2-8-17 Violation and Penalty
2-8-1: TITLE, PURPOSE AND APPLICABILITY:
(A) This Chapter shall be known as and referred to as "Use Tax on
Construction and Building Materials."
(B) The purpose of this Chapter is too raise revenue for capital acquisitions and
capital projects in the Town and provide a complimentary tax to the Town's sales
2
tax. The Town Council finds that every person who uses or consumes in the
Town any construction and building materials is exercising a taxable privilege.
(C) Subject to the specific exemptions listed in Section 2-8-5 of this Chapter,
the use tax imposed by this Chapter shall apply to any use or consumption in the
Town of construction and building materials purchased at retail inside or outside
the Town on or after January 1, 2008.
2-8-2: DEFINITIONS:
When not otherwise clearly indicated by the context, the following terms, words,
and phrases, as used in this Chapter, shall have the following meanings:
APPLICATION FOR DEVELOPMENT REVIEW: An application submitted
to the Town of Vail Community Development Department for administrative
review, or for review by the Town of Vail Design Review Board, Planning &
Environmental Commission and/or Town Council, as prescribed by Title 12,
Zoning Regulations, Vail Town Code.
BUILDING PERMIT: The permit, issued by the Town by authority of the
adopted building codes of the Town, allowing the permit holder to construct,
enlarge, repair, move, demolish or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert, or
replace any electrical, gas, mechanical or plumbing system, which is
regulated by the adopted building codes of the Town. A building permit
shall not include any permit for demolition or de-watering.
CONSTRUCTION AND BUILDING MATERIALS: Tangible personal
property which, when combined with other tangible personal property, loses
its identity to become an integral and inseparable part of a completed
structure or project. Construction materials include, but are not limited to,
such things as: asphalt, bricks, builders' hardware, caulking material,
cement, concrete, conduit, electric wiring and connections, fireplace inserts,
electrical heating and cooling equipment, flooring, glass, gravel, insulation,
lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe
valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh,
road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting,
3
steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall
board, wall coping, wall paper, weather stripping, wire netting and screen,
water mains and meters, and wood preserver. The above materials, when
used for forms, or other items which do not remain as an integral or
inseparable part of a complete structure or project, are not construction and
building materials.
CONSTRUCTION VALUATION: The total value of the work, including labor
and construction and building materials for which the permit is being issued,
including electrical, gas, mechanical, plumbing equipment and permanent
systems, as determined by the E~uilding Department.
CONSUMPTION: The act or process of consuming; it includes waste,
destruction, or use. Consumption is the normal use of property for the
purpose for which it was intended.
FINANCE DIRECTOR: The administrative services director of the Town or
such other person designated by the Town; Finance Director shall also
include such person's designee.
PURCHASE OR SALE: The acquisition for a price by any person of
tangible personal property, including installment and credit sales, the
exchange of property, as well as the sale thereof for money, and every such
transaction, conditional or othennrise, for a consideration constituting a sale.
PURCHASE PRICE: The aggregate value in money of anything or things
paid or delivered or promised to be paid or delivered by a purchaser to a
retailer or any person in the consummation of a retail sale as defined herein,
without any deduction therefrom for the cost of the property sold, cost of
materials used, labor or service cost, or any other expense whatsoever, and
provided that when articles of tangible personal property are sold after
manufacture or after having been made to order, the gross value of all
materials, labor, service, and proi~it thereon, shall be included in the said
purchase price; provided that the purchase price shall not include any direct
tax imposed by the federal government, the State or this Chapter.
4
s
RETAIL SALE OR PURCHASED AT RETAIL: Any sale or purchase of
tangible personal property, except a wholesale sale or purchase for taxable
resale.
TAXPAYER: Any person from whom a tax is due, or against whom a
deficiency is being asserted.
USE: The exercise, for any length of time, by any person within the Town of
any right, power, or dominion over tangible personal property when
purchased at retail from sources either within or without the Town from any
person.
WHOLESALE SALE: A sale to a licensed retailer, jobber, dealer or other
wholesaler for resale. Sales by wholesalers to consumers, including
persons who use or consume construction and building materials, as
defined by this Chapter, are not wholesale sales. Sales by wholesalers to
nonlicensed retailers are not wholesale sales.
WHOLESALER: Any person selling to retailers, jobbers, dealers or other
wholesalers, for resale, and not for storage, use, consumption or
distribution.
2-8-3: IIVIPOSITION AND 12ATE OF TAX:
(A) There is hereby imposed a use tax on the privilege of using or consuming
within the Town construction and building materials purchased at retail inside or
outside the Town on or after January 1, 2008; provided that any construction and
building materials used or consumed on a project which has received final
approval on all required applications for development review prior to January 1,
2008 shall not be subject to the use tax imposed. by this Chapter. If any approval
expires by its terms after January 1, 2008, such application for development
review shall then be subject to the use tax imposed by this Chapter.
(B) The use tax imposed by this Chapter shall be at the rate of four percent
(4%) of the cost of construction and building materials used or consumed in the
Town. For purposes of this Chapter, the cost of construction and building
materials is deemed to be fifty percent (50%) of the construction valuation.
5
2-8-4: COLLECTION:
The use tax imposed by this Chapter shall be collected prior to the issuance of a
building permit.
2-8-5: EXEIIAPTIONS:
The following are exempt from the use tax imposed by this Chapter, provided
that the list of exemptions cannot be increased by implication or similarity, and
the burden of proof is upon the taxpayer to establish an exemption:
(1) The use or consumption of any construction and building materials
the sale of which is subject to a retail sales tax imposed by the Town;
(2) The use or consumption of construction and building materials
purchased for resale in the Town, either in their original form or as an
ingredient of a manufactured or ~:.ompounded product, in the regular course
of a business;
(3) The use or consumptions of construction and building materials by
the federal government, the State or its institutions or political subdivisions
in their governmental capacities, or by religious or charitable corporations in
the conduct of their regular religious or charitable functions;
(4) The use or consumption of construction and building materials by a
person engaged in the business of manufacturing or compounding for sale,
profit, or use of any article, substance, or commodity, which construction
and building materials enters into the processing of or becomes an
ingredient or component part of the product or service which is
manufactured, compounded, or furnished, and the container, label, or the
furnished shipping case thereof;
(5) The use or consumption of any construction and building materials
the sale or use of which has already been subjected to a legally imposed
sales or use tax of another statutory or home rule town, city, or city and
county equal to or in excess of the use tax imposed herein, in which case a
credit shall be granted in an amount equal to the tax paid by reason of the
imposition of such sales or use tax, provided that the amount of credit shall
not exceed the amount of the uses tax imposed by this Chapter;
6
(6) The use or consumption of construction and building materials if a
written contract for the purchase thereof was entered into prior to January 1,
2008;
(7) The use or consumption of construction and building materials
required or made necessary in the performance of any construction contract
bid, let, or entered into at any time prior to January 1, 2008;
(8) The storage of construction and building materials;
(9) The first ten thousand dollars ($10,000) of the construction
valuation for a building permit;
(10) The use or consumption of construction and building materials in
the Town on which the use tax imposed by this Chapter has already been
paid; and
(11) Any transaction which the Town is prohibited from taxing under
applicable law.
2-8-6: DUTIES AND POWERS OF FINANCE DIRECTOR:
The administration of this Chapter is hereby vested in the Finance Director, who
shall prescribe forms and promulgate rules and regulations for the proper
administration and enforcement of this Chapter, and may delegate to any person
the power and authority necessary for the proper administration and enforcement
of this Chapter.
2-8-7: BOOKS, RECORDS, REPORTS AND RETURNS:
(A) Every person liable to the Town for any use tax imposed by this Chapter
shall keep and preserve, for a period of three (3) years from the date of issuance
of a certificate of occupancy for the improvement on which the use tax was paid,
all books, records, reports and returns necessary to determine the amount of tax
liability.
(B) All such books, records, reports and returns shall be open for examination
at any time by the Finance Director.
(C) Except by court order or as otherwise provided by law, the Finance
Director shall not divulge any information disclosed in any document, report, or
return filed pursuant to this Chapter.
'7
(D) Nothing in this Section shall be construed to prohibit the publication of
statistics so classified as to prevent the identification of particular reports or
returns and the items thereof, or the inspection of returns by the Town Attorney
or other legal representative of the Town.
(E) Notwithstanding this Sections, the Finance Director may furnish to the
taxing officials of any other state or its political subdivisions, to the State of
Colorado or its political subdivisions, or to the United States any information
contained in tax returns and related) schedules and documents filed pursuant to
this Code, or in the report of an audit or investigation made with respect thereto,
provided that said jurisdiction agrees to grant similar privileges to the Town, and
that such information will only be used for tax purposes.
2-8-8: AUDIT:
(A) Within three (3) years from the issuance of any certificate of occupancy for
the improvement on which the use tax was paid, the Town may audit the
taxpayer or the taxpayer may request an audit.
(B) If the recomputed use tax is less than the amount of use tax paid by the
taxpayer, the difference shall be refunded to the taxpayer within thirty (30) days
of the final determination of the Town. If the recomputed use tax is more than
the amount of use tax paid by the taxpayer, the difference, along with any
interest and penalty imposed by this Chapter, shall be due and payable by the
taxpayer to the Town immediately upon the final determination of the Town.
(C) Any audit requested by the taxpayer, regardless of the result, and any
audit performed by the Town finding any failure, neglect or refusal to pay any use
tax due to the Town, shall be at the taxpayer's sole cost.
2-8-9: LIMITATION OF ACTIiONS:
(A) Use tax, interest, and penalties shall be assessed, and any action to
collect the same shall be commenced, within three (3) years of the issuance of
certificate of occupancy for the improvement on which the use tax was paid.
(B) Before the expiration of such period of limitation, the taxpayer and the
Finance Director may agree in writincl to an extension.
8
2-8-10: LIEN:
The tax imposed by this Chapter, together with accrued interest and penalties,
shall be a first and prior lien on any real property into which the construction and
building materials were incorporated.
2-8-11: PENALTIES AND INTEREST:
(A) If any person fails, neglects, or refuses to pay the use tax as required by
this Chapter, or if any taxpayer fails to remit the proper amount of tax or
underpays the tax, penalties, and interest shall be added and imposed in
accordance with this Section.
(B) If a person neglects or refuses to pay any use tax as required by this
Chapter within ten (10) days after the same is due, the Finance Director shall
make an estimate, based upon such information as may be available, of the
amount of use tax due for the period for which the taxpayer is delinquent and
shall add thereto a penalty equal to fifteen dollars ($15.00) or ten percent (10%)
of the amount due, whichever is greater, and interest on such delinquent taxes at
the rate of one percent (1 %) per month from the time that payment was due. If
any part of the deficiency is due to fraud with the intent to evade the tax, there
shall be added a penalty of one hundred percent (100%) of the total amount of
the deficiency, and in such case the whole amount of the tax unpaid, including
the additions, shall become due and payable ten (10) days after written notice
and demand by the Finance Director, and an additional three percent (3%) per
month on said amount shall be added from the date payment was due, until paid.
(C) .The Finance Director may waive, for good cause shown, any penalty or
interest.
2-8-12: REMEDIES NOT EXCLUSIVE:
In addition to the remedies expressly provided by this Chapter, the Town may
pursue any other remedies available at law or in equity.
2-8-13: REFUNDS:
(A) A refund shall be made, or a credit allowed, for use tax paid under dispute
by any person who is entitled to claim an exemption under Section 2-8-5, if a
9
request for refund is made within sixty (60) days after issuance of the building
permit for which the use tax was paid under dispute.
(B) A refund shall be made, or a credit allowed, for any use tax paid under this
Chapter for construction and building materials used or consumed in the
construction of any deed restricted erployee housing units, as defined by Title
12, Vail Town Code, which deed restriction additionally includes a perpetual
appreciation capon either maximum rental rate or sales price, as approved by
the Town. No request for refund or credit shall be processed by the Town until
the applicable deed restriction has been recorded. A request for a refund or
credit for deed restricted employee housing units shall be submitted within sixty
(60) days of issuance of the last certificate of occupancy for such deed restricted
employee housing units.
(C) An application for refund of tax paid in error or by mistake shall be made
within three years (3) after the date of use or consumption of the construction
and building materials for which the rE;fund is claimed.
(D) The right of any person to a refund under this Chapter shall not be
assignable and the application for refund shall be filed by the taxpayer.
(E) The burden of proving the right to a refund shall be on the person claiming
the refund.
(F) Upon receipt of a timely application, the Finance Director shall promptly
examine the application, make a decision, and notify the applicant in writing of
the decision.
(G) If the Finance Director finds that the use tax, penalty, or interest paid by
any taxpayer is in excess of the amount due or has been erroneously collected,
the Finance Director shall rule in favor of the taxpayer for refund, regardless of
whether or not such sum was paid under dispute. The Finance Director shall
issue payment to the taxpayer; providE;d that the Finance Director shall retain a
statement setting forth the reason for the refund. If there is an unpaid balance of
use tax, penalties, or interest owed by such taxpayer for any other period, the
overpayment shall be applied against i:he amount due and any excess shalt be
refunded to the taxpayer.
10
2-8-14: HEARING BEFORE FINANCE DIRECTOR:
(A) A taxpayer may file a written request for a hearing on any assessment or
denial of refund request within ten (10) days of the decision of the Finance
Director. The request for hearing shall set forth the taxpayer's reasons for the
request and the disputed amount.
(B) The hearing shall be held and a final decision issued within ninety (90)
days of the date of the request, unless a delay is caused by the taxpayer, in
which case the hearing shall be held and final decision shall be issued within one
hundred eighty (180) days of the request. At least fifteen (15) days prior to the
hearing, the Finance Director shall notify the taxpayer in writing of the time and
place of the hearing.
(C) At the hearing, the Finance Director may administer oaths and take
testimony, and the taxpayer may assert any facts, make any arguments, and file
.any briefs or affidavits he or she believes pertinent to his or her cause.
(D) Based on the evidence presented, the Finance Director may modify,
refund or abate the use tax, penalty, or interest.
(E) Upon rejection, in whole or in part of the claim for refund, or upon a finding
that an assessment in whole or in part has been made against the taxpayer
validly, the Finance Director shall send a hearing determination notice to the
taxpayer in compliance with Section 29-2-106.1(2)(a), C.R.S.
(F) The decision of the Finance Director shall be final, subject only to the
State hearing and appeal procedures outlined in Section 29-2-106.1, C.R.S. and
judicial review. Unless a State hearing is requested, an appeal is filed or judicial
review is sought, the use tax, together with interest thereon and penalties, if any,
shall be paid within thirty (30) days after mailing of the Finance Director's hearing
determination notice.
(G) If a State hearing is requested, an appeal filed or judicial review is sought,
the Finance Director may require payment of the tax or the posting of security
only as provided in Section 29-2-106.1, C.R.S.
11
2-8-15 WAIVER:
The Town Council is authorized to waive any use taxes that would otherwise be
imposed by this Chapter on construction and building materials used or
consumed in the construction of any deed restricted employee housing units, as
defined by Title 12, Vail Town Code. To accomplish such a waiver, the Town
Council shall first find that the deed restricted employee housing units provide a.
particular public benefit in addition to the general public benefit provided by other
deed restricted employee housing units in the Town. A waiver shall be approved
at the time of final approval of the application for development review which
includes the deed restricted employee housing units.
2-8-16: DISPOSITION OF FUNDS:
(A) All revenues derived from the use tax imposed by this Chapter, less costs
of collection and administration, shall be placed in the Town's Capital Projects
Fund and used for capital acquisitions and capital projects.
(B) There shall be budgeted from the monies received from the imposition of
the use tax an amount necessary to reimburse the Town for administrative and
clerical expenses incurred in the collection and administration of the use tax.
2-8-17: VIOLATION AND PENALTY:
(A) It is a violation of this Chapter for any person subject to the use tax levied
by this Chapter to submit any false or fraudulent use tax information to the Town,
to make any false statement on any document used to calculate taxes due under
this Chapter, to fail or refuse to make payment of any taxes due, to evade the
payment of any taxes due, or to aid or abet another in any attempt to evade the
payment of any taxes due under this Chapter.
(B) In addition to any other penalty provided in this Chapter, any person who
violates any provision of this Chapter shall be punished as provided in Chapter 1-
4-1 of this Code.
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,
12
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.
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 4th day of
December, 2007, and a public hearing for second reading of this Ordinance set
for the 18th day of December, 2007, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dick Cleveland, Town Mayor
Attest:
Lorelei Donaldson, Town Clerk
13
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
IN FULL this 18th day of December, 2007
Dick Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
14
MEMORANDUM
TO: Town Council
FROM: Community Development Department
Date: December 18, 2007
Subject: Ordinance No. 39, Series of 2007, an ordinance amending
Section 12-2-2, Definitions, and Sub-sections 12-7B-2A,
Definitions (basement or garden level); 12-7B-3A, Definitions (first-
floor or street level); 12-7H-2A, Definitions (basement or garden
level); 12-7H-3a, Definitions (first-floor or street level); 12-71-2A,
definitions (basement or garden level); 12-71-3A, Definitions (first-
floor or street level), Vail Town Code, to allow for amendments to
the definitions of "basement or garden level" and "first floor or
street level," and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a first reading of Ordinance No. 39,
Series of 2007, for proposed text amendments to Section 12-2-2, Definitions, and
Sub-Sections 12-76-2A, Definitions (basement or garden level); 12-7B-3A,
Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden
level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions
(basement or garden level); 12-71-3A, Definitions (first-floor or street level), Vail
Town Code, to allow for amendments to the definitions of "Basement or Garden
Level" and "First Floor or Street Level," and setting forth details in regard thereto.
II. BACKGROUND
On December 10, 2007, the Town of Vail Planning and Environmental
Commission voted 6-0-0 to forward a recommendation of approval for the
proposed amendments to Section 12-2-2, Definitions, and Sub-sections 12-7B-
2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or
street level); 12-7H-2A, Definitions (basement or garden .level); 12-7H-3a,
Definitions (first-floor or street level); 12-71-2A, definitions (basement or garden
level); 12-71-3A, Definitions (first-floor or street level), Vail Town Code, to allow
for amendments to the definitions of "basement or garden level" and "first floor or
street level," and setting forth details in regard thereto. The Commission's
recommendation was based upon the review of the criteria noted in the
December 10, 2007, Staff memorandum and the evidence and testimony
presented, with the findings noted in the same staff memorandum.
Ordinance No. 39, Series of 2007,. has been attached for review (Attachment A);
and a copy of the December 10, 2007, Staff memorandum has been attached for
reference (Attachment B).
1
III. CRITERIA FOR REVIEW
The criteria outlined in Section IV of Staff's December 10, 2007, memorandum to
the Planning and Environmental Commission shall be, used as the principal
criteria in evaluating the merits of the proposed special development district.
IV. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council
approves Ordinance No. 39, Series of 2007, on first reading to amend Section
12-2-2, Definitions, and Sub-sections 12-7B-2A, Definitions (basement or garden
level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions
(basement or garden level); 12-7HI-3a, Definitions (first-floor or street level); 12-
71-2A, definitions (basement or garden level); 12-71-3A, Definitions (first-floor or
street level), Vail Town Code, to allow for amendments to the definitions of
"basement or garden level" and "first floor or street level," and setting forth details
in regard thereto.
Should the Town Council choose to approve these text amendments, the
Community Development Departrrient recommends the Town Council pass the
following motion:
"The Town Council approves, on first reading, Ordinance No. 39,
Series of 2007; an ordinance amending Section 12-2-2, Definitions, and
Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-
3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement
or garden level); 12-7H-3A., Definitions (first-floor or street level); 12-71-
2A, Definitions (basement or garden level); 12-71K-3A, Definitions (first-
floor or street level), .Vail Town Code, to allow for amendments to the
definitions of "Basement or Garden Level" and "First Floor or Street
Level,"and setting forth details in regard thereto."
Staff's recommendation is based upon the review of the criteria in Section IV of
Staff's December 10, 2007, memorandum to the Planning and Environmental
Commission and the evidence and testimony presented. Should the Town
Council choose to approve Ordinance No. 39, Series of 2007, on first reading,
the Community Development Dep<~rtment recommends the Town Council makes
the following findings:
"1. That the amendments are consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town, based upon Section IV of the Staff
memorandum dated December 10, 2007, and the evidence and
testimony presented; and,
2. That the amendments further the general and specific purposes of
Zoning Regulations, based upon Section IV of the Staff memorandum
dated December 10, 2007, and the evidence and testimony
presented; and,
2
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section IV of
the Staff memorandum dated December 10, 2007, and the evidence
and testimony presented. "
V. ATTACHMENTS
Attachment A: Ordinance No. 39, Series of 2007
Attachment B: Staff memorandum to PEC dated December 10, 2007
3
Vail Town Council Attachment: A
ORDINANCE NO. 39
SERIIES 2007
AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SUB-
SECTIONS 12-7B-2A, DEFINITIONS (BASEMENT OR GARDEN LEVEL); 12-
7B-3A, DEFINITIONS (FIRST-FLOUR OR STREET LEVEL); 12-7H-2A,
DEFINITIONS (BASEMENT OR GARDEN LEVEL); 12-7H-3A, DEFINITIONS
(FIRST-FLOOR OR STREET LEVEL); 12-71-2A, DEFINITIONS (BASEMENT
OR GARDEN LEVEL); 12-71-3A, DEFINITIONS (FIRST-FLOOR OR STREET
LEVEL), VAIL TOWN CODE, TO /ALLOW FOR AMENDMENTS TO THE
DEFINITIONS OF "BASEMENT OR GARDEN LEVEL" AND "FIRST FLOOR
OR STREET LEVEL," AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on December 10, 2007, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for 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; and,
WHEREAS, within the .Commercial Gore 1, Lionshead Mixed Use 1, and Lionshead
Mixed Use 2, Districts; the Vail Town Code allows for different land uses on each level of a
building. The intent of this "horizontal zoning" technique is to encourage a vibrant retail
environment adjacent to the pedestrian areas of both Vail Village and Lionshead; while also
facilitating mixed use developments composed of office, residential, and other commercial uses;
and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section IV of the Staff memorandum to the Planning and Environmental Commission
dated December 10, 2007, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section IV of the Staff
memorandum to the Planning and EnvironmE~ntal Commission dated December 10, 2007, and
the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote .the coordinated and
harmonious development of the Town in a imanner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section IV of the Staff memorandum dated December 10, 2007,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section IV of the Staff
memorandum to the Planning and Environmental Commission dated December 10, 2007, and
the evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINS.D BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 39, Series of 2007, first reading
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition
of the following definitions (text that is to be deleted is s#-rislEen, text that is to be added is bold,
and Sections of text that are not amended may be omitted):
Basement or Garden Level: For the purposes of implementing horizontal zoning
within specific zone districts, basement or garden level shall be any floor, or
portion of any floor, of a structure located substantially below the first floor or
street level of that structure, as determined by the Administrator or the Planning
and Environmental Commission. More than one floor, or portion of floors, maybe
defined as basement or garden level within a single structure.
First Floor or Street Level: For the purposes of implementing horizontal zoning
within specific zone districts, first floor or street level shall be any floor, or portion
of any floor, of a structure located at or nearest to (either above or below) the level
of the adjacent vehicular or pedestrian way, as determined by the Administrator or
the Planning and Environmental Commission. More than one floor, or portion of
floors, maybe defined as street level within a single structure.
Section 2. Article12-7B, Commercial Core 1, of Vail Town Code (in part) is hereby
amended as follows (text that is to be deleted is stricken, text that is to be added is bold, and
Sections of text that are not amended may be omitted):
12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
1. Retail shops and establishments, including the following.
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops.
Health food stores.
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
2 Ordinance No. 39, Series of 2007, first reading
Variety stores.
Yardage and dry goods stores.
2. Personal services and repair shops, including the following:
Beauty and barber shops.
Commercial ski storage.
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
3. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
4. Professional offices, business office;> and studios.
5. Banks and financial institutions.
6. Additional uses determined to be similar to permitted uses described in subsections
81 through 85 of this section, in accordance with the provisions of section 12-3-4 of this
title so long as they do not encourage vehicular traffic.
7. Lodges.
8. Type IV employee housing units, as further regulated by chapter 13 of this title.
~- B. Conditional Uses: The following uses shall be permitted in basemenf or garden levels
within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Electronic sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Major arcades.
Meeting rooms.
Multiple-family dwellings.
Outdoor patios.
Theaters
12-76-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
n--acn-rfi•~ftlAR--~-h° °fircf f/nnr~~ nr ~~ofrnof Ins ~ol~~ oh~+/1 hn ~-Infinarl ~+o Fh~f flnnr of fhn hi~ili-linn
fh-.f is Inn'+tnrl ~+l nr'+i-In nr olrcinf lovol
... .,. y....... ... .................
A. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores:
Chinaware and glassware stores.
Delicatessens and specialty food stores.
3 Ordinance No. 39, Series of 2007, first reading
Drugstores.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies.
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Type IV employee housing units, as further regulated by chapter 13 of this title.
5. Additional uses determined to be similar to permitted uses described in subsections
81 and 82 of this section, in accordance with the provisions of section 12-3-4 of this title
so long as they do not encourage vehicular traffic.
B. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Banks and financial institutions.
Beauty and barber shops.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Outdoor patios.
12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
A. Permitted Uses; Exception:. The following uses shall be permitted on the second floor
a,~eve-grade within a structure; provided, however, that a conditional use permit will be
required in accordance with chapter 16 of this title for any use which eliminates any
existing dwelling or accommodation unit or any portion thereof.
1. Multiple-family residential dwelling.
2. Lodges.
3. Professional offices, business offices and studios.
4. Banks and financial institutions.
5. Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Tailors and dressmakers.
4 Ordinance No. 39, Series of 2007, first reading
Travel and ticket agencies.
6. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops.
Hobby sfores.
Jewelry sfores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting goods stores.
Toy stores.
Variety stores.
Yardage and dry goods stores.
7. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
8. Type IV employee housing units, as further regulated by chapter 13 of this title.
B. Conditional Uses: The following uses shall be permitted on second floors a~eve--grade,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A. Permitted Uses: The following uses shall be permitted on any floor above the second
floor
Lodges.
Multiple-family residential dwellings.
5 Ordinance No. 39, Series of 2007, first reading
Type IV employee housing units, as further regulated by chapter 13 of this title.
8. Conditional Uses: The following uses shall be permitted on any floor above the second
floor a,~~swe-grade, subject to the issuance of a conditional use permit in accordance with
the provisions of chapter 16 of this title. Any permitted or conditional use which
eliminates any existing dwelling or accommodation unit, or any portion thereof, shall
require a conditional use permit. Such uses may include:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting good stores.
Stationery stores.
Toy stores.
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Professional offices, business offices; and studios.
4. Banks and financial institutions.
5. Personal services and repair shops, including the following: .
Beauty and barber shops.
Business and office services.
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
6. Theaters.
7. Additional uses determined to be similar to permitted uses described in subsections
81 through B5 of this section in accordance with the provisions of section 12-3-4 of this
title, so long as they do not encourage vehicular traffic.
6 Ordinance No. 39, Series of 2007, first reading
8. Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
Section 3. Article12-7H,- Lionshead Mixed Use 1, of Vail Town Code (in part) is
hereby amended as follows (text that is to be deleted is st~isker~, text that is to be added is bold,
and Sections of text that are not amended may be omitted):
12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
~-
B-A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type 1V employee housing units, as further regulated by chapter 13 of this Title.
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted in basement or garden levels
within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Conference facilities and meeting rooms.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111(EHU) as provided in chapter 13 of
this title). ~ _
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
„ • ,~
7 Ordinance No. 39, Series of 2007, first reading
B- A. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier. ticketing, ski school and skier services.
Travel and ticket agencies.
Type 1V employee housing units, as further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted on the first floor or street level
floor within a structure, subject to issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of
this title).
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
Section 4. Article12-7H, Lionshead Mixed Use 2, of Vail Town Code (in part) is
hereby amended as follows (text that is to be deleted is s#isker~, text that is to be added is bold,
and Sections of text that are not amended may be omitted):
12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B- A. Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Ordinance No. 39, Series of 2007, first reading
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
~: B. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Liquor stores.
Lodges and accommodation units.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13
of this title).
Theaters.
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
~,
+h~++ in Innr+forl r,f nrorlo nr ofrnnf log
B- A. Permitted Uses: The following uses shall be permitted on the first floor or street
level within astructure: -
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
.Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
~- B. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this Title:
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
9 Ordinance No. 39, Series of 2007, first reading
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13
of this title).
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 5. 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 6. 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 7. 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 8. 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 18th day of December, 2007 and a
public hearing for second. reading of this Ordinance set for the 8th day of January, 2008, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
1 ~ Ordinance No. 39, Series of 2007, first reading
Vail Town Council Attachment: B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 10, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council for a text
amendment, pursuant to Section 12-3-7, Amendment,. Vail Town Code, to
Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions (basement
or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A,
Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street
level); 12-71-2A, Definitions (basement or garden level); 12-71-3A, Definitions
(first-floor or street level), Vail Town Code, to allow for amendments to the
definitions of "Basement or Garden Level" and "First Floor or Street Level," and
setting forth details in regard thereto. (PEC07-0070)
Applicant: Town of Vail
Planner: Bill Gibson
SUMMARY
The applicant, Town of Vail, is requesting the Planning and Environmental Commission
forward a recommendation to the \/ail Town Council regarding the proposed text
amendments Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions
(basement or garden level); 12-7B-3P., Definitions (first-floor or street level); 12-7H-2A,
Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level);
12-71-2A, Definitions (basement or garden level); 12-71-3A, Definitions (first-floor or
street level), Vail Town Code, to allow for amendments to the definitions of "Basement or
Garden Level" and "First Floor or Street Level," and setting forth .details in regard
thereto.
Based upon Staff's review of the criteria outlined in Section IV of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the proposed text
amendments, subject to the findings noted in Section V of this memorandum.
II. DESCRIPTION OF REQUEST
Within the Commercial Core 1, Lionshead Mixed Use 1, and Lionshead Mixed Use 2,
Districts; the Vail Town Code allows .for different land uses on each level of a building.
The intent of this "horizontal zoning" technique is to encourage a vibrant retail
environment adjacent to the pedestrian areas of both Vail Village and Lionshead; while
also facilitating mixed use developments composed of office, re$idential, and other
commercial uses. Within these three Zone Districts, the individual levels of a building
are organized into four categories:
• "Basement or Garden Level"
• "First Floor or Street Level"
• "Second Floor"
• "Above Second Floor"
Currently, the definitions of these categories are found separately in each of the three
Zone Districts, rather than in the Definition section of the Zoning Regulations. For
consistency and ease of use, Staff is requesting these definitions be deleted from the
individual Zone District regulations and be relocated to the more appropriate Definition
section of the Zoning Regulations.
An early 2007 development application for the Covered 'Bridge Building questioned
which level of a building constituted the "first floor or streef level'; and brought to light the
need to improve the clarity of the Zoning Regulation's definitions for the various levels of
a building when applying horizontal zoning.
Within a mountain community such as Vail, few, if any, buildings are constructed on truly
level properties. A literal interpretation of the current provisions that a building's "first
floor or street level" is defined as "that floor of the building that is located at grade or
street level" is not practical given the topographic conditions of the community: Very few
buildings have any single floor located precisely, or wholly, "at grade" or at "street level"
due to the sloping nature of streets and public ways.
The current provisions of the Zoning Regulations do not address the reality that a
building located on a sloping property, or located adjacent to a sloping street or
pedestrian way, may contain more than one "first floor or streef level". For example: on
a downhill sloping lot, an individual floor of a building may be the first floor at the front of
the building, but that same floor may be the second floor at the rear of the building.
Section 12-3-3, Appeals, Vail Town Code, implies the Administrator's authority to
interpret the provisions of the Zoning Regulations. This section of the Vail Town Code
also grants the Planning and Environmental Commission authority to call-up any
Administrator's interpretation of the Zoning Regulations and to hear any appeal of an
Administrator's interpretation of the regulations. Recent litigation concerning the
Covered Bridge Building development application has challenged the Administrator's
and the Commission's authority to interpret the definition of "first floor or street level".
Given the mountainous character of the community, Staff believes the Administrator's
and the Planning and Environmental Commission's authority to interpret which floor of a
building is defined as the "first floor or street level" within Vail Village and Lionshead is
critical to achieve the purpose and intent of the Town's Zoning Regulations and to
implement of the Town's Comprehensive Plan, the Vail Village Master Plan, and the
Lionshead Redevelopment Master Plan.
Staff is requesting the following existing building level definitions be deleted from the
various provisions of the Commercial Core 1, Lionhead Mixed Use 1, and Lionshead
Mixed Use 2 District regulations (text that is to be deleted is s#isken, text that is to be
added is bold, and sections of text that are not amended may be omitted):
ttiG °firot f/nnr° nr nn}rant In~inl~~ ohMll ha i-InfinnlJ no fhoF f/nnr of fha F+~iiliJinn fh~f io
,.. .,. ,...... ... .....~~-...~.,~. .,.. .. .,~- `.~-.....~... .. -a
Staff is requesting that the following definitions be added to Section 12-2-2, Definitions,
Vail Town Code (text that is to be deleted is s#-risker~, text that is to be added is bold,
and sections of text that are not amendf:d may be omitted):
"Basement or Garden Level: For the purposes of implementing horizontal
zoning within specific zone districts, basement or garden level shall be any
floor, or portion of any floor, of a structure located substantially below the
first floor or street level of that structure, as determined by the
Administrator or the Planning and Environmental Commission. More than
one floor, or portion of floors, maybe defined as basement or garden level
within a single structure."
"First Floor or Street Level: For the purposes of implementing horizontal
zoning within specific zone districts, first floor or street level shall be any
floor, or portion of any floor, of a structure located at or nearest to (either
above or below) the level of the adjacent vehicular or pedestrian way, as
determined by the Administrator or the Planning and Environmental
Commission. More than one floor, or portion of floors, may be defined as
street level within a single structure."
The specific text amendments to the Vail Town Code necessary to implement this
request are included in the attached Draft Ordinance No. 39, Series of 2007 (Attachment
A).
III. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoning Regulations (Title 12, Vail Town Code)
12-1-2: Purpose
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as. a
resort and residential community of high qualify.
12-3-7: AMENDMENT.
C. Criteria and Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission
and town council shall consider the following factors with respect to the requested
text amendment:
(1) The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
(2) The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how fhe
existing regulation is no longer appropriate or is inapplicable; and
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
(5) Such other factors and criteria the commission and/or council deem
applicable to the proposed Text amendment.
12-78-1: PURPOSE (Commercial Core 1 District):
The commercial core 1 district is intended fo provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
commercial core 1 districf is intended to ensure adequate light, air, open space,
and ofher amenities appropriate to the permitted types of buildings and uses. The
zoning regulations in accordance with the Vail Village urban design guide plan
and design considerations prescribe site development standards that are
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedesfrianways and public greenways, and
to ensure continuation of the building scale and architectural qualities that
distinguish the village.
12-7H-1: PURPOSE (Lionshead Mixed Use 1 Districf):
The Lionshead mixed use 1 district is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead mixed use 1
district, in accordance with the Lionshead redevelopment master plan, is
intended to ensure adequate light, air, open space and ofher amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the zone district by establishing appropriate site
development standards. This zone district is meant to encourage and provide
incentives for redevelopment in accordance with the Lionshead redevelopment
master plan.
This zone district was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this zone
district include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
redevelopment master plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead redevelopment master plan. Additionally, the
incentives are created to help finance public off site improvements adjacent to
redevelopment projects. With any developmenbredevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
12-71-1: PURPOSE:
The Lionshead mixed use 2 district is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwelling units, restaurants, offices, skier services, light industrial activities, and
commercial establishments in a clustered, unified development. Lionshead mixed
use 2 district, in accordance with the Lionshead redevelopment master plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate fo the permitted types of buildings and uses and to maintain the
desirable qualities of the zone district by establishing appropriate site
development standards. This zone district is meant to encourage and provide
incentives for redevelopment in accordance with the Lionshead redevelopment
master plan.
This zone district was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this zone
district include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
redevelopment master plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead redevelopment master plan. Additionally, the
incentives are created to help finance public, off site, improvements adjacent to
redevelopment projects. Public amenities which will be evaluated with
redevelopment proposals taking advantage of the incentives created herein may
include: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Vail Village Master Plan
Chapter V: Goals, Objectives, Policies and Action Steps
Goal #2: To foster a strong tourist industry and promote year-around economic
health and viability for the village and for the community as a whole.
Goal #3: To recognize as a top priority the enhancement of the walking
experience throughout the Village.
Lionshead Redevelopment Master Plan
Section 2.3: Policy Objectives
2.3.2 Renewal and Redevelopment: Lionshead can and should be renewed and
redeveloped to become a warmer, more vibrant environment for guests and
residents. Lionshead needs an appealing and coherent identity, a sense of
place, a personality, a purpose, and an improved aesthetic character.
IV. REVIEW CRITERIA
Staff believes these text amendments are in accordance with the purpose and intent of
Titles 12, Zoning Regulations, and are in the public interest and serve to improve the
Code. The review criteria and factors for consideration fora request of a text
amendment to Title 12, are established in accordance with the provisions of Chapter 12-
3, Vail Town Code.
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and,
Staff believes the proposed text amendments further the general and specific
purposes of the Zoning Regulations by improving the consistency and ease of
finding definitions within the regulations, by creating definitions better suited to
Vail's mountainous environment, and by clarifying the Administrator's and the
Planning and Environmental Commission's authority to interpret the Zoning
Regulations in a manner that meets the purposes of the various Zone Districts
and furthers the development objectives of the Vail Comprehensive Plan.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and,
Staff believes the proposed text amendments further the general and specific
purposes of the Zoning Regulations by improving the consistency and ease of
finding definitions within the regulations, by creating definitions better suited to
Vail's mountainous environment, and by clarifying the Administrator's and the.
Planning and Environmental Commission's authority to interpret the Zoning
Regulations in a manner that meets the purposes of the various Zone Districts
and furthers the development objectives of the Vail Comprehensive Plan.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and,
A recent development application, along with its subsequent appeals and
litigation, has brought to light the need to improve the clarity of the Zoning
Regulation's definitions for the various levels of a building necessary for the
implementation of horizontal zoning within Vail Village and Lionshead.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
Staff believes that the proposed text amendments are critical to facilitate and
provide a harmonious, convenient, workable relationship among land use
regulations consistent with the Town of Vail master plans and development
objectives.
V. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forward a recommendation of approval to the Town Council for proposed
text amendments to Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions
(basement or garden level); 12-76-3A, Definitions (first-floor or street level); 12-7H-2A,
Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level);.
12-71-2A, Definitions (basement or garden level); 12-71-3A, Definitions (first-floor or
street level), Vail Town Code, to allow for amendments to the definitions of "Basement or
Garden Level" and "First Floor or Street Level," and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to recommend approval of
these text amendments, the Staff recommends the Commission pass the following
motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for the Town of Vail's request for text
amendments to Section 12-2-2, Definitions, and Sub-Sections 12-78-2A,
Definitions (basement or garden level); 12-78-3A, Definitions (first-floor or street
level); 12-7H-2A, Definitions (basemenf or garden level); 12-7H-3A, Definitions
(first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-
71K-3A, Definitions (first-floor or street level), Vail. Town Code, to allow for
amendments to the definitions of "Basement or Garden Level" and "First Floor or
Streef Level, "and setting forth details in regard thereto. "
Staff's recommendation is based upon the review of the criteria in Section IV of this
memorandum and the evidence and testimony presented. Should the Planning and
Environmental Commission choose to recommend approval of the proposed
amendments, Staff recommends the following findings be incorporated into a motion:
"1. That the amendments are consistent with the applicable elements of the
adopfed goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town, based
upon Section IV of the Staff memorandum dated December 10, 2007; and,
2. That the amendments further the general and specific purposes of Zoning
Regulations, based upon Section IV of the Staff memorandum dated
December 10, 2007; and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality, based upon Section IV of fhe Staff
memorandum dated December 10; 2007. "
VI. ATTACHMENTS
A. Draft Ordinance No. 39, Series of 2007
B. Public Notice
Attachnnent A ,~` `~°°
~, %'.~,
~~
ORDINANCE NO. 39 ~~~
SERIES 2007
AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SUB-
SECTIONS 12-7B-2A, DEFINITIONS (BASEMENT OR GARDEN LEVEL); 12-
7B-3A, DEFINITIONS (FIRST-FLOOR OR STREET LEVEL); 12-7H-2A,
DEFINITIONS (BASEMENT OR GARDEN LEVEL); 12-7H-3A, DEFINITIONS
(FIRST-FLOOR OR STREET LEVEL); 12-71-2A, DEFINITIONS (BASEMENT
OR GARDEN LEVEL); 12-71-3A, DEFINITIONS (FIRST-FLOOR OR STREET
LEVEL), VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE
DEFINITIONS OF "BASEMENT OR GARDEN LEVEL" AND "FIRST FLOOR
OR STREET LEVEL," AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on December 10, 2007, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for 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; and,
WHEREAS, within the Commercial Core 1, Lionshead Mixed Use 1, and Lionshead
Mixed Use 2, Districts; the Vail Town Code allows for different land uses on each level of a
building. The intent of this "horizontal zoning" technique is to encourage a vibrant retail
environment adjacent to the pedestrian areas of both Vail Village and Lionshead; while also
facilitating mixed use developments composed of office, residential, and other commercial uses;
and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section IV of the Staff memorandum to the Planning and Environmental Commission
dated December 10, 2007, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section IV of the Staff
memorandum to the Planning and Environmental Commission dated December 10, 2007, and
the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section IV of the Staff memorandum dated December 10, 2007,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section IV of the Staff
memorandum to the Planning and Environmental Commission dated December 10, 2007, and
the evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1 Ordinance No. 39, Series of 2007, PEC Draft
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended by the addition
of the following definitions (text that is to be deleted is stricken, text that is to be added is bold,
and Sections of text that are not amended may be omitted):
Basement or Garden Level: For the purposes of implementing horizontal zoning
within specific zone districts, basement or garden level shall be any floor, or
portion of any floor, of a structure located substantially below the first floor or
street level of that structure, as determined by the Administrator or the Planning
and Environmental Commission. More than one floor, or portion of floors, maybe
defined as basement or garden level within a single structure.
First Floor or Street Level: For the purposes of implementing horizontal zoning
within specific zone districts, first floor or street level shall be any floor, or portion
of any floor, of a structure located at or nearest to (either above or below) the level
of the adjacent vehicular or pedestrian way, as determined by the Administrator or
the Planning and Environmental Commission. More than one floor, or portion of
floors, maybe defined as street level within a single structure.
Section 2. Article12-7B, Commercial Core 1, of Vail Town. Code (in part) is hereby
amended as follows (text that is to be deleted is stricken, text that is to be added is bold, and
Sections of text that are not amended may be omitted):
12-78-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
~: A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
1. Retail shops and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops.
Health food stores.
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
2 Ordinance No. 39, Series of 2007, PEC Draft
Variety stores.
Yardage and dry goods stores.
2. Personal services and repair shops, including the following:
Beaufy and barber shops.
Commercial ski storage.
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
3. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
4. Professional offices, business offices and studios.
5. Banks and financial institutions.
6. Additional uses determined to be similar to permitted uses described in subsections
81 through 85 of this section, in accordance with the provisions of section 12-3-4 of this
title so long as they do not encourage vehicular traffic.
7. Lodges.
8. Type IV employee housing units, as further regulated by chapter 13 of this title.
B. Conditional Uses: The following uses shall be permitted in basement or garden levels
within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Electronic sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Major arcades.
Meeting rooms.
Multiple-family dwellings.
Outdoor patios.
Theaters
12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
„~
A. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
3 Ordinance No. 39, Series of 2007, PEC Draft
Drugstores.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies.
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Type IV employee housing units, as further regulated by chapter 13 of this title.
5. Additional uses determined fo be similar to permitted uses described in subsections
81 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title
so long as they do not encourage vehicular traffic.
B. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Banks and financial institutions.
Beauty and barber shops.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Outdoor patios.
12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
A. Permitted Uses; Exception: The following uses shall be permitted on the second floor
at~eve-grade within a structure; provided, however, that a conditional use permit will be
required in accordance with chapter 16 of this title for any use which eliminates any
existing dwelling or accommodation unit or any portion thereof.
1. Multiple-family residential dwelling.
2. Lodges.
3. Professional offices, business offices and studios.
4. Banks and financial institutions.
5. Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Tailors and dressmakers.
4
Ordinance No. 39, Series. of 2007, PEC Draft
Travel and ticket agencies.
6. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware sfores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops. ~
Hobby stores.
Jewelry stores.
Leather goods stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting goods stores.
Toy stores.
Variety stores.
Yardage and dry goods sfores.
7. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
8. Type IV employee housing units, as further regulated by chapter 13 of this title.
B. Conditional Uses: The following uses shall be permitted on second floors above-~r~aele,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
A. Permitted Uses: The following uses shall be permitted on any floor above the second
floor
Lodges.
Multiple-family residential dwellings.
5 Ordinance No. 39, Series of 2007, PEC Draft
Type IV employee housing units, as further regulated by chapter 13 of this title.
8. Conditional Uses: The following uses shall be permitted on any floor above the second
floor above-grade, subject to the issuance of a conditional use permit in accordance .with
the provisions of chapter 16 of this title. Any permitted or conditional use which
eliminates any existing dwelling or accommodation unit, or any portion thereof, shall
require a conditional use permit. Such uses may include:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores.
Liquor sfores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Sporting good stores.
Stationery stores.
Toy sfores.
• Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
3. Professional offices, business offices, and studios.
4. Banks and financial institutions.
5. Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
6. Theaters.
7. Additional uses determined to be similar to permitted uses described in subsections
81 through 85 of this section in accordance with the provisions of section 12-3-4 of this
title, so long as they do not encourage vehicular traffic.
6
Ordinance No. 39, Series of 2007, PEC Draft
8. Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
Section 3. Article12-7H, Lionshead Mixed Use 1, of Vail Town Code (in part) is'
hereby amended as follows (text that is to be deleted is strislFen, text that is to be added is bold,
and Sections of text that are not amended may be omitted):
12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
~pofinifinn: Tho °h~oomonf° r+r °rrorrlon la
B-A. Permitted Uses: The following uses s/gall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of sEaction 12-3-4 of this title.
B. Conditional Uses: The following uses shall be permitted in basement or garden levels
within a structure, subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Conference facilities and meeting roorns.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111(EHU) as provided in chapter 13 of
this title).
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
„~
7 Ordinance No. 39, Series of 2007, PEC Draft
A. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and. ticket agencies.
Type IV employee housing units, as further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
~- B. Conditional Uses: The following uses shall be permitted on the first floor or street level
floor within a structure, subject fo issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of
this title).
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in this subsection,
in accordance with the provisions of section 12-3-4 of this title.
Section 4. Article12-7H, Lionshead Mixed Use 2, of Vail Town Code (in part) is
hereby amended as follows (text that is to be deleted is s#-risker~, text that is to be added is bold,
and Sections of text that are not amerided may be omitted):
12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL:
B- A. Permitted Uses: The following uses shall be permitted in basement or garden
levels within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Eating and drinking establishments.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Ordinance No. 39, Series of 2007, PEC Draft
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type IV employee housing units, as further regulated by chapter 13 of this Title:
Additional uses determined to be sifnilar to permitted uses described in_this
subsection, in accordance with the provisions of section 12-3-4 of this title.
~- B. Conditional Uses: The following uses shall be permitted in basement or garden
levels within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Liquor stores.
Lodges and accommodation units.
Major arcades.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111(EHU) as provided in chapter 13
of this title).
Theaters.
Additional uses determined to be similar to conditional uses described in Phis
subsection, in accordance with the provisions of section 12-3-4 of Phis title.
12-71-3: PERMITTED AND CONDITIOIVAL USES; FIRST FLOOR OR STREET LEVEL:
~roofinifinn: Tho °fir~~'_~ r °, fr~~ n
A. Permitted Uses: The following uses shall be permitted on the first floor or~street
level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Type IV employee housing units, a:s further regulated by chapter 13 of this title.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
8. Conditional Uses: The following uses shall be permitted on the first floor or street
level floor within a structure, subject to issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title:
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
9 Ordinance No. 39, Series of 2007, PEC Draft
Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge
dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13
of this title).
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 72-3-4 of this title.
Section 5. 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 6. 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 7. 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 8. 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 18th day of December, 2007 and a
public hearing for second reading of this Ordinance set for the 8th day of January, 2008, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
10
Ordinance No. 39, Series of 2007, PEC Draft
Attachment B
TOWN OF VAIL ~y '
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code,
on December 10, 2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a variance, from Section 12-7B-13, Density Control, Vail
Town Code, pursuant to Chapter 12-17, Variances; and a request for a final review of a
conditional use permit, pursuant to Chapter 12-16, Conditional Use Permits, Vail Town
Code; to allow for the conversion of two existing Type III Employee Housing Units into
additional gross residential floor area for an existing dwelling unit, located at 201 Gore
Creek Drive (Bell Tower Building)/Part oi` Tract A, Block 5B, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC07-0067)
Applicant: Dean MacFarlan, represented by VAG, Inc., Architects & Planners
Planner: Bill Gibson
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a platted building
envelope, located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, .and
setting forth details in regard thereto. (PEC:07-0069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
A request for a final review of a conditional use permit, pursuant to Chapter 12-16,
Conditional Uses, to allow for the temporary use of the tennis facility for conferences and
conventions, located at 1300 Westhaven Drive (Vail Cascade)/Special Development
District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC07-
0068)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10,
Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire
roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town
of Vail, and setting forth details in regard thereto. (PEC07-0071)
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final recommendation to the Vail Town Council on a proposed major
amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an amendment to Special Development District
No. 38, Manor Vail, to allow for a change in the number of dwelling units, located at 595
Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and
setting forth details in regard thereto. (PEC07-0072)
Applicant: Manor Vail Condominium Association, represented by Zehren & Associates
Planner: Warren Campbell
Page 1
A request for a final recommendation to the Vail Town Council for a text amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions,
and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions
(first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A,
Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-
7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to
the definitions of "Basement or Garden Level" and "First Floor or Street Level," and setting
forth details in regard thereto. (PEC07-0070)
Applicant: Town of Vail
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits thal
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published November 23, 2007, in the Vail Daily
Page 2
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: December 18, 2007
SUBJECT: First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing
and re-enacting Ordinance No. 24, Series of 2004, establishing Special
Development District No. 38, Manor Vail, and setting forth details in regard
thereto.
Applicant: Manor Vail, represented by Zehren and Associates
Planner: Warren Campbell
I. DESCRIPTION OF THE REQUEST
First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing. and
re-enacting Ordinance No. '24, Series of 2004, establishing Special Development
District No. 38, Manor Vail, and setting forth details in regard thereto. The
purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the
number of dwelling units, located at 595 Vail Valley Drive, by combining two
approved units into a single unit.
The Staff and applicant are requesting that the Town Council listen to a
presentation on the proposed ordinance and approve Ordinance No. 41, Series
of 2007, upon first reading (Attachment A).
II. BACKGROUND
On December 10, 2007, the. Town of Vail Planning and Environmental
Commission held a public hearing on a request for a major amendment to
,Special Development District No. 38, Manor Vail.. The purpose of the major
amendment is to reduce the maximum number of allowable dwelling units by
from 139 to 138 dwelling units, located at 595 Vail Valley Drive (Manor Vail
Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in
regard thereto. Please see the memorandum to the Planning and Environmental
Commission dated December 10, 2007 (Attachment B).
Upon review of the request, the Planning and Environmental Commission voted
6-0-0 to forward a recommendation of approval of the request to amend Special
Development District No. 38, Manor Vail, to the Vail Town Council, with the
following findings:
"That the proposal to amend Special Development District No. 38, Manor
Vail Lodge, complies with i`he nine design criteria outlined in Section 12-
9A-8 of the Vail Town Code. Furthermore, the applicant has
demonstrated to fhe satisfaction of the Commission, based upon the
testimony and evidence presented during the public hearing, that any
adverse effects of the rc~quested deviations from the development
standards of the underlying zoning are outweighed by the public benefits
provided. Lastly, the Commission finds that the request is consistent with
the development goals and objectives of the Town.
That the proposed additional six dwelling units over allowable in the High
Density Multiple-Family zone district is in conformance with applicable
elements of the Vail Comprehensive Master Plan.
That the development is in compliance with the purposes of the High
Density Multiple-Family zone district, that the proposal is consistent with
applicable elements of they Vail Village Master Plan, the Vail Land Use
Plan; and the Vail Streetsc;ape Master Plan, and that the proposal does
not otherwise have a significant negative effect on the character of the
neighborhood, and that the proposal substantially complies with other
applicable elements of the Vail Comprehensive Plan."
III. ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications; or deny Ordinance No. 41, Series of 2007,
upon first reading.
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No. 41, Series of 2007, on first reading.
V. ATTACHMENTS
A. Ordinance 41, Series'of 2007
B. Copy of the Staff Memorandum to the Planning and Environmental
Commission dated December 10, 2002, and proposed plans for
redevelopment dated Novemk~er 19, 2007
2
ORDINANCE N0.41
Series of 2007
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 24, SERIES OF 2004,
ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 38, MANOR VAIL, PURSUANT TO
ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING
TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District,
Town Code of Vail establishes a procedure for amending special development districts; and
WHEREAS, Manor Vail Lodge has submitted an application to the Town of Vail Community
Development Department to amend Special Development District No. 38, Manor Vail, to facilitate
the redevelopment of an existing lodge; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on December 10, 2007, on the application to amend Special Development District No. 38,
Manor Vail, in accordance with the provisions of the Town Code of Vail; and
WHEREAS, upon due consideration, the Planning and Environmental Commission of the
Town of Vail found that the request complies with the design criteria prescribed in the Title 12,
Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail;
and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approval, by a vote of 6-0-0 of this request for a major amendment to reduce
the maximum number of dwelling units from 139 to 138 for Special Development District No. 38,
Manor Vail, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the request to amend Special Development
District No. 38, Manor Vail, complies with the design criteria prescribed in the Title 12, Zoning Title,
Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and
welfare to adopt Ordinance No. 41, Series of 2007, which repeals and re-enacts Ordinance No. 24,
Series of 2004, which established Special Development District No. 38, Manor Vail, in the Town of
Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
(Text to be stricken is shown in ~trilEetl~e and text which is to be added is indicated
as bold italics .)
Ordinance No. 41, Series 2007
Vail Town Council Attachment: A
Section 1. District Established
Special Development District No. 38„ Manor Vail Lodge, is established for development
on one parcel of land, legally described as Lots A, Manor Vail Subdivision, which
comprise a total of 236,536.4 square; feet (5.43 acres) in the Vail Village area of the
Town of Vail. Said parcels may be referred to as "SDD No. 38". Special Development
District No 38 shall be reflected as such on the Official Zoning Map of the Town of Vail.
The underlying zoning for Special Development District No. 38, Manor Vail Lodge, shall
be High Density Multiple-Family (HDMF) District.
Section 2. Special Development District No. 38, Manor Vail Lodge, Approved
Development Plan
An approved development plan is the principal document in guiding the development,
uses and activities of a special development district. The Vail Town Council finds that the
Approved Development Plan for Special Development District No. 38, Manor Vail Lodge,
complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the
Town Code of Vail. The Approved Development Plan for Special Development District
No. 38, Manor Vail Lodge, shall be comprised of materials submitted in accordance with
Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and
Associates, entitled "Manor Vail Condominiums Studio, and Manor House
Addition/Renovation", dated October 19, 2004, and the revisions entitled Manor Vail
Condominiums: Issue Y-SDD Amendment" dated November 19, 2007.
Section 3. Development Standairds
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby approved by the Vail Town Council. These
standards are incorporated in the Approved Development Plan to protect the integrity of
Ordinance No. 41, Series 2007 2
the development of Special Development District No. 38, Manor Vail Lodge. The
development standards for Special Development District No. 38, Manor Vail Lodge are
described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional,
and accessory uses allowed in Special Development District No. 38,
Manor Vail Lodge, shall be those uses listed in Sections 12-6H-2, 12-6H-
3, and 12-6H-4 of the Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 38,
Manor Vail Lodge, shall be 236,536.4 square feet (5.43 acres).
C. Setbacks: The minimum setbacks for Special Development District No.
38, Manor Vail Lodge, shall be as indicated on the Manor Vail Lodge
Approved Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 38, Manor Vail Lodge- shall be fifty-seven and four tenths
(57.4'), and as indicated on the Manor Vail Lodge Approved Development
Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 38, Manor Vail Lodge, shall
be 164,321 square feet and the maximum allowable density shall be sae
h~ inrlro~ +hirF~i_ninc one hundred thirty-eight (~9 138) dwelling units,
twenty (20) attached accommodation units, and one (1) Type III Employee
Housing Unit, and as indicated on the Marior Vail Lodge Approved
Development Plan, dated October 19, 2004 and November 19, 2007.
Said Gross Residential Floor Area (GRFA) shall be allocated as follows:
Ordinance No. 41, Series 2007 3
• Dwelling Unit (a-3S 138) - 163,691.0 square feet
• Type III Emplayee Housing Unit (1) - 630.0 square feet
Total 164,321.0 square feet
F. Site Coverage: The maximum allowable site coverage shall be forty and
six tenths percent (40.6%) or 95,744 square feet of the total lot area, and
as indicated on the Manor Vail Lodge Approved Development Plan,
described in Section 2 herein.
G. Landscaping and Site Development: At least forty and a half percent
(40.6%) or 95,979 square feet of the total lot area shall be landscaped. In
no instance shall the hardscaped areas of the development site exceed
twenty percent (20%) of the minimum landscaped area. The landscaping
and site development shall be as indicated on the Manor Vail Lodge
Approved Development Plan, described in Section 2 herein.
H. Parking and Loading: The minimum number of off-street parking spaces
shall be two hundred fifty-one (251) of which thirty-two (32) will be include
in a private parking club and the minimum number of loading and delivery
bays shall be two (2), and as indicated on the Manor Vail Lodge Approved
Development Plan, described in Section 2 herein.
Section 4. Conditions of Approval
The Applicant and Developer, agrees to comply to the following conditions of approval,
which shall be part of the Town's approval of the establishment of Special Development
District No. 38, Manor Vail Lodge:
Ordinance No. 41, Series 2007 t~
\Prior to Second Reading of Ordinance
1. - That the developer meets with the Town staff and prepares a memorandum of
understanding outlining the responsibilities and requirements of the required off-site
improvements, prior to second reading of the ordinance approving the establishment
of Special Development District No 38, Manor Vail Lodge. This memorandum of
understanding shall include, but not be limited to, all streetscape improvements
along Vail Valley Drive and Hanson Ranch Road, details for the improvement of Mill
Creek, and details for funding and establishment of a Town of Vail streetscape
Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. The
Developer Improvement Agreement shall be signed by all .parties prior to issuance of
a building permit.
Prior to Final DRB Review
2. That the developer submits a final exterior building materials list, typical wall section,
architectural specifications, and a complete color rendering for review and approval
of the Design Review Board, prior to submittal of an application for a building permit.
3. That the developer submits a rooftop mechanical equipment plan for review and
approval by the Design Review Board. prior to the issuance of a building permit. All
rooftop mechanical equipment shall be incorporated into the overall design of the
lodge and enclosed and visually screened from public view.
Prior to Submitting for a Building Permit
4. That the developer shall provide detailed civil plans, profiles, details, limits of
disturbance and construction fence for review and civil approval by the Department
of Public Works, prior to submittal of a building permit.
5. That the developer addresses the written final comments of the Town of Vail Public
Works Department outlined in the memorandum from the Town of Vail Public Works
Department, dated September 2, 2004, prior to submitting an application to the Town
of Vail Community Department for the issuance of a building permit for this project.
Ordinance No. 41, Series 2007 rJ
6. That the approval of the conditional use permits is not valid unless an ordinance
approving the associated special development district amendment request is
approved on second reading.
7. That the developer shall be assessed an impact fee of $5,000 for the net increase in
p.m. traffic generation as determined by the Town of Vail Public Works Department,
as addressed in Attachment E of the September 13, 2004, memorandum. The
applicant acknowledges and agrees that the Manor Vail Lodge Redevelopment will
generate seventeen (17) additional peak trips and agrees to pay the Town a Traffic
Impact Fee of $5,000 per peak generated trip, for a total of $85,000. The applicants
further acknowledge and agree that the payment by East West to the Town of the
entire amount of the Traffic Impact Fee ($85,000) shall be a condition to the
issuance of a building permit for the Manor Vail Redevelopment. This fee shall be
used to pay for public traffic irr~provements on the South Frontage Road, Vail Valley
Drive, Chalet Road, and East Gore Creek Drive as deemed necessary to alleviate
traffic impacts.
8. The applicant agrees to contribute $100,000 to the construction of streetscape
improvement along Gore Creek Drive and Chalet Road. The Town and the applicant
agree that the $100,000 contribution shall be deposited in an escrow account with
instructions to restrict use of these funds to the streetscape improvement project in
the above-referenced locations. Escrow instructions will also dictate that any portion
of the $100,000 remaining in the account the day after the 10-year anniversary of the
initial contribution shall be refunded to the applicant. The Parties acknowledge that
the Town will be responsible for leading and coordinating all aspects of the
streetscape improvement project and that the applicant's role in the streetscape
project is strictly limited to the contributions outlined .above. The Town
acknowledges thaf the streetscape improvement plan must be reviewed by the
neighboring homeowners associations and that the Town will reasonably incorporate
feedback from these associations and the applicant into the final plan. The entire
amount of the streetscape Improvements to Gore Creek Drive and Chalet Road fee
($100,000) shall be paid by the applicant prior to the issuance of a building permit for
Ordinance No. 41, Series 2007 6
the Manor Vail Redevelopment.
Prior to Requesting a Temporary Certificate of Occupancy
9. The applicant, with the input of staff, shall design and construct an extension to the
existing sidewalk located in the vicinity of the existing bus stop along Vail Valley.
Drive. The new sidewalk shall extend onto the 430 square foot parcel which will be
deeded to the Town from Manor Vail on the southeast corner of the property. The
design of the sidewalk shall be depicted on the building permit set of drawings.
10. That the developer posts a bond to provide financial security for 125% of the total
cost of the required off-site public improvements. The bond shall be in place with the .
Town prior to the issuance of a temporary certificate of occupancy. This includes but
is not limited to the proposed raised pedestrian walkways across Vail Valley Drive,
resurfacing of the tennis courts if granted permissiori to stage upon them, and Ford
Park pedestrian pathway reconstruction.
11. That the developer shall prepare and submit all applicable roadway and drainage
easements for dedication to the Town for review and approval by the Town Attorney.
All easements shall be recorded with the Eagle County Clerk and Recorder's Office
prior to issuance of a Temporary Certificate of Occupancy. This includes but is not
limited to the easement required for the relocated Ford Park pedestrian pathway.
12. That the developer provides deed-restricted housing that complies with the Town of
Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4)
employees on the Manor Vail Lodge development site, and that said deed-restricted
employee housing shall be made available for occupancy, and that the deed
restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to
issuance of a Temporary Certificate of Occupancy for the Manor Vail Lodge. The
required Type III deed-restricted employee housing units shall not be eligible for
resale and that the units be owned and operated by the hotel and that said
ownership shall transfer with the deed to the hotel property.
Ordinance No. 41, Series 2007 7
13. That the developer receives an easement from the Town for those improvements
which would be located within Town of Vail property on the rear of Building C.
14. That the parking club be limited to 32 spaces to allow for the elimination to the two
parallel parking spaces to they north of Building A and the one parking space ire the
loading delivery area at the rear of Building B: That the sale of the parking spaces
within the club occur as outlined in the proposal.
15. That the developer shall connmence initial construction of the Manor Vail Lodge
improvements within three years from the time of its final approval at second reading
of the ordinance establishing Special Development District No. 38, and continue
diligently toward the completion of the project. If the developer does not begin and
diligently work toward the completion of the special development district or any stage
ofi the special development district within the time limits imposed, the approval of
said special development district shall be void. The Planning and Environmental
Commission and Town Council shall review the special development district upon
submittal of an application to reestablish the special development district follawing
the procedures outlined in SE;ction 12-9A-4, Vail Town Code.
Remain in place after occupancy is ~ rah nted
16. The Manor Vail Condominium Association will maintain a working front desk for the
purpose of conducting hotel like operations for a period. of no less then ten (10)
years from the date of this SDD approval, which will facilitate the continuance of the
rental program at Manor Vail Lodge. This condition helps to achieve the municipal
objective of insuring tax generation by establishing an active rental program for a
condominium project.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to Ise invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Vail Town Council hereby declares it
Ordinance No. 41, Series 2007 $
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 6. The Vail 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. The Council's finding, determination and declaration is
based upon the review of the criteria prescribed by the Town Code of Vail and the
evidence and testimony presented in consideration of'this ordinance.
Section 7. The amendment of any provision of the Town Code of Vail as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or 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 8. 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.
Ordinance No. 41, Series 2007 9
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18'h day of December, 2007 and
a public hearing for second reading of this Ordinance set for the 8'h day of January, 2007,
in the Council Chambers of the Vail IVlunicipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 41, Series 2007
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 10, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major
amendment to a Special Development .District, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for an amendment to Special
Development District No. 38, Manor Vail, to allow for a change in the number of
dwelling units, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A,
B, & C, Vail Village Filing 7, and setting forth details in regard, thereto. (PEC07-
0072)
Applicant: Manor Vail, represented by Zehren and Associates
Planner: Warren Campbell
SUMMARY
The applicant, Manor Vail, represented by Zehren and Associates, are requesting a
recommendation from the Town of Vail Planning and Environmental Commission to the Vail
Town Council of a development application to amend Special Development District No. 38,
Manor Vail Lodge, to allow for the change in the number of dwelling units.
Upon review of the applicable elements of the Town's planning documents and adopted
criteria for review, the Community Development Department is recommending that the
Planning and Environmental Commission forwards a recommendation of approval of the
applicants' request. A complete summary of Staffs review is provided in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The two approved units proposed to be combined are Units 430 and 442, .which are
currently under construction and are located on the fourth floor of Building C. Building C is
that portion of Manor Vail which runs generally north to south from the building containing
the lobby and the Lord Gore restaurant and approaches Vail Valley Drive across from Pinos
Del Norte.
A vicinity map showing the location of the project and a complete set of reduced plans
illustrating the proposed amendment have been attached for reference (Attachments A & B).
The applicant has also prepared a written narrative of the proposal dated November 18,
2007, which describes in greater detail the proposal (Attachment C).
III. BACKGROUND
On September 13, 2004, the Planning and Environmental Commission forwarded a
recommendation of approval to the Town Council to establish SDD No. 38, Manor
Vail Town Council Attachment: B
Vail. The proposal included the addition of a new floor to a majority of the existing
buildings, the creation of 17 additional units, and the installation of a subterranean
parking structure on the north portion of the site.
On December 7, 2004, The "town Council adopted SDD No. 38, Manor Vail by
adopting Ordinance No. 24, Series of 2004, on second reading.
On June 10, 2005, the Planning and Environmental Commission upheld staff's
approval of a minor amendment to SDD No. 38, Manor Vail, which relocated an
elevator tower within the development.
IV. ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB four compliance of proposed buildings and site planning,
and final approval by the Town Council.
Planninga and Environmental Commission:
Action' The PEC is advisory to the Town_
The PEC shall review the proposal for and make a recommendation to the Town Council on
the following:
Permitted, accessory, and cc-nditional uses
Evaluation of design criteria .as follows (as applicable):
q. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity .and density which provide a compatible, .efficient and
workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 ofi this Title.
p. Comprehensive Plan:. Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing
on and off-site traffic circulation.
H. Landscaping: Furictional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
2
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Design Review Board:
Action• The DRB has NO review authority on a SDD proposal but must review any
accompanyinq DRB application The DRB review of an SDD prior to Town Council approval
is purely advisory in nature..
The DRB is responsible for evaluating the DRB proposal:
• Architectural compatibility with other structures, the land and surroundings
• Fitting buildings into landscape
• Configuration of building and grading of a site which respects the topography
• Removal/Preservation of trees and native vegetation
• Adequate provision for snow storage on-site
• Acceptability of building materials and colors
• Acceptability of roof elements, eaves, overhangs, and other building forms
• Provision of landscape and drainage
• Provision of fencing, walls, and accessory structures
• Circulation and access to a site including parking, and site distances
• Location and design of satellite dishes
• Provision of outdoor lighting
• Compliance with the architectural design guidelines of applicable master plans.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided and plans
conform to the technical requirements of the Zoning Regulations. The staff also advises the
applicant as to compliance with the design guidelines.
Staff. provides a staff 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:
Action• The Town Council is responsible for final approval/denial of an SDD.
The Town Council shall review the proposal for the following:
Permitted, accessory, and conditional uses
Evaluation of design criteria as follows (as applicable):
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding .uses and activity.
C. Parking and Loading: Compliance with parking and loading requirements as outlined in
Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the. Vail Comprehensive
Plan, Town policies and urban design plans.
E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic
hazards that affect the property on which the special development district is proposed.
F. Design Features: Site plan, build'~ing design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and function.
I. Workable Plan: Phasing plan or subdivision plan thatwill maintain a workable, functional
and efficient relationship throughout the development of the special development district. .
V. APPLICABLE PLANNING DOCUMrNTS
Town of Vail Zoning Regulations
Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We
believe the following code sections are relevant to.the review of the applicant's request:
Article 12-9A: Special Development (SDD) District (in part)
12-9A-1: Purpose:
The purpose.of the special development disfrict is to encourage flexibility and creativity in
the development of land in order to promote its most appropriate use; to improve the design
character and quality of the new development with the town; to facilitate the adequate and
economical provision of streets and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development district, in
conjunction with the property's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the special development district. The
special development district does not apply to and is not available in the following zone
districts: Hillside residential, single-1~amily, duplex, primary/secondary. The elements of the
development plan shall be as outlined in section 12-9A-6 of this article.
12-9A-2: Definitions
Major Amendment (PEC AND/OR COUNCIL REVIEVI~: Any proposal to change uses;
increase gross residential floor area; change the number of dwelling or accommodation
units; modify, enlarge or expand tiny approved special development district (other than
"minor amendments" as defined in 1`his section), except as provided under section 12-15-4,
4
"Interior Conversions'; or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)'; of this title.
VI.
VII
ZONING ANALYSIS
According to the application information provided by the applicant, Staff has performed an
analysis of the proposal in relation to the requirements of the approved SDD. The deviations
to the prescribed development standards adopted in conjunction with SDD No. 38, Manor
Vail, are shown in bold text in the table below.
Zoning: High Density Multiple-Family
Land Use Plan Designation: Vail Village Master Plan Study Area
Current Land Use: Mixed Use/Residential
Development Standard Allowed SDD No. 38 Proposed Amendment
Lot Area: 10,000 sq.ft. 236,536.4 sq.ft. 236,536.4 sq.ft.
Buildable Area:
232,717.4 sq.ft. 232,717.4 sq.ft.
Setbacks:
Front: 20' 8' 8'
Sides: 20' 20'/100' 20'/100'
Rear: 20' 1' 1'
Mill Creek: Building F 30" 5' 5'
Parking Structure 30' 30' 30'
Building Height: 48' 57.4' 57.4'
Density: 25 units/acre 25.78 units/acre 25.6 units/acre
133.5 D.U.s 139 D.U.s 138 D.Us.
1 E.H.U. 1 E.H.U.
GRFA: 139,630.53 sq. ft. 164,321 sq. ft. 164,321 sq. ft.
Site Coverage: 130,213.27 sq.ft. 95,744 sq.ft. 95,744 sq.ft.
(55%) (40.6%) (40 ;6%)
Landscape Area: 71,025.42 sq.ft. 95,979 sq.ft. 95,979 sq.ft.
(30%) (40.6%) (40.6%)
Parking: 223 spaces 251 no net effect on spaces provided
218 required (33 surplus)
(32 in approved parking club)
SURROUNDING LAND USES AND ZONING
Land Use
North: Public Park
South: Commercial
East: Public Park
Zonin
General Use District
Ski Base Recreation District
General Use District
5
West: Open Space/Residential Outdoor Recreation District/High Density
Multiple-Family
VIII. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS
Chapter 12-9 of the Town Code provides for the establishment and amendment of special
development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a
special development district is,
"To encourage flexibility and creativity in the development of land, in order to
promote its most appropriate use; to improve the design character and quality of the
new development within the Town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail.
Comprehensive Plan. An approved development plan for a Special Development
District, in conjunction with the property's underlying zone district, shall establish the
requirements for guiding development and uses of property included in the Special
Development District."
An approved development plan is the principal document in guiding the development, uses,
and activities of the special development district. The development plan shall contain all
relevant material and information necessary to establish the parameters with which the
special development district shall adhere. The development plan may consist of, but not be
limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan;
parking plan; preliminary open space/landscape plan; densities; and permitted, conditional,
and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. .Unless further restricted through the review of the
proposed special development district, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
The Town Code provides nine design criteria which shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be the burden of
the applicant to demonstrate that submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is not
applicable, or that a practical solution consistent with the public interest has been achieved.
The following is a staff analysis of the project's compliance with the nine SDD review criteria:
A. Consideration of Factors Regarding Special Development Districts:
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
The proposed amendment to SDD No. 38, Manor Vail, to combine two approved units into a
single unit does not have any eff~:ct on the approved architectural design, scale, bulk,
building height buffer zones, identity, character, visual integrity and orientation as there are
no exterior changes proposed or needed in conjunction with this request. Staff believes that
the application complies with this criterion.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The uses, activities and densities for the Manor Vail Lodge development site are prescribed
by the underlying zoning. According to the Official Town of Vail Zoning Map, the underlying
zoning for the proposed special development district is High Density Multiple-Family District
The High Density Multiple-Family Zone District encourages the development of high density
multiple-family dwellings including public and semi-public facilities and lodges at a density of
twenty-five (25) dwelling units per acre. The Manor Vail Lodge was approved to add 17
dwelling units and one (1) employee housing unit to the 121 units which exist in conjunction
with the on-site accessory guest amenities (i.e., meeting rooms, work out room, bar,
restaurant, outdoor pools, etc.). This proposed amendment would combine two of the
approved units into a single unit thus reducing the deviation on the site with regard to
dwelling units per acre. Staff believes the application complies with this criterion.
Employee Housing Requirements
The proposed amendment is not assessed a employee housing mitigation requirement in
conjunction with this amendment per Ordinances No. 7 and 8, Series of 2007, as there is no
change to gross residential square footage (GRFA) within the project.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
The proposed amendment to combine two units into a single dwelling unit reduces the
required parking by a single parking space. Due to the loss of several parking spaces during
the construction drawing stage of the process the net effect is that the project meets its
required parking with a surplus of 33 parking spaces. Staff believes that the application
complies with this criterion.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The proposed combination of two units into a single dwelling unit does not conflict with any
provisions of the Vail Comprehensive Plan. The reduction of one dwelling unit brings the
development closer to compliance with the underlying zonings maximum allowable density.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, the Manor Vail Lodge
development site is not located in any geologically sensitive areas. However, portions of the
site are within the 100-year floodplain of Mill and Gore Creeks. No development is proposed
within the 100-year floodplain. The proposed amendment does not impact the 100-year
floodplain. Staff believes that the application complies with this criterion.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic: quality of the community.
The proposed amendment to combine two units into a single dwelling unit does not entail
any exterior changes to the approvecf building. Staff believes that the proposal complies
with this criterion.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The proposed amendment to combine two units into a single dwelling unit does not entail
any exterior changes to the approvecf building therefore the approved site plan remains in
effect. Staff believes that the application complies with this criterion.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The proposed amendment to combine two units into a single dwelling unit does not entail
any exterior changes to the approved building therefore the approved site plan remains in
effect. Staff believes that the' application complies with this criterion.
I. Phasing plan or subdivision Flan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
The applicant is proposing to construct the project in one phase and a subdivision of the
property is not necessary to facilitate; the development of the Manor Vail Lodge. The project
is currently under construction.
IX. STAFF RECOMMENDATION
The Community .Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval to the- Vail Town
Council on a request for a proposed major amendment to a Special Development District,
pursuant to Section 12-9A-10, Amendment Procedures,. Vail Town Code, to allow for an
amendment to Special Development District No. 38, Manor Vail, to allow for a change in the
number of dwelling units, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots
A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Staff's
recommendation is based upon a review of the criteria and findings as outlined in this
memorandum and from the evidence grid testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, Staff recommends that the following findings be made as
part of the motion:
"That the. proposal to amend Special Developrnenf District No. 38, Manor Vail Lodge,
complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town
Code. Furthermore, the applicant has demonstrated to the satisfaction of .the
Commission, based upon the testimony and evidence presented during the public
hearing, that any adverse effects of the requested deviations from the development
standards of the underlying zoning are outweighed by fhe public benefits provided.
Lastly, the Commission finds that the request is consistent with the development
s
goals and objectives of the Town:
That the proposed additional six dwelling units over allowable in the High Density
Multiple-Family zone district is in conformance with applicable elements of the Vail
Comprehensive Master Plan.
That the development is in compliance with the purposes of the High Density
Multiple-Familyzone district, that the proposal is consistent with applicable elements
of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape
Master Plan; and that the proposal does not otherwise have a significant negative
effect on the character of the neighborhood, and fhat the- proposal substantially
complies with other applicable elements of the Vail Comprehensive Plan."
X. ATTACHMENTS
A. Vicinity Map
B. Reduced Set of Plans
C. Letter from applicant, dated November 18, 2007
D. Public Notification
9
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S 70 EXTERIOR
MANOR VAIL CONDOMINIUMS
Special Development District (SDD) Amendment Application
November 18, 2007
AMENDMENT TO THE SPECIAL DEVELOPMENT DISTRICT MANOR VAIL CONDOMINIUMS (AKA THE MANOR
VAIL LODGE), PURSUANT TO SECTION 12-9A-10 AMENDMENT PROCEDURES; ARTICLE A, SPECIAL
DEVELOPMENT DISTRICT (SDD); CHAPTER 9; TITLE 12 ZONING REGULATIONS
VAIL, COLORADO TOWN CODE
Submittal Requirement -Written Statement
Description of the Proposed Amendment
Through this application, an amendment is being requested to the existing Special Development District
(SDD} for the Manor Vail Condominiums. This amendment is requesting only a reduction of the number
of new units originally approved. No Changes to building height, GRFA, site coverage, landscaping, or
other material aspects of the approved SDD are requested at this time.
The reason for this request is a desire of a purchaser of two of the new units to combine these units into a
single larger unit for the use of their very large extended family. This purchaser currently owns 3 of the
existing units in building C. No changes are requested to these 3 existing units. They are now and shall
remain separate units. Because the single new unit will be crafted out of two of the approved new units,
no changes to GRFA are requested. There will also be no changes to the approved elevations of the
exterior of the building.
The attached application includes 5 sheet drawings. They are a cover sheet, the building C core and shell
plans, the building C roof plan, the proposed new unit plan and the building C building elevations.
A revised parking calculation has been provided on the next page. We plan no reduction in the amount of
overall parking provided or the amount of for sale parking provided. However, the reduction of one unit
would reduce our parking requirement by one space. This additional space will be available for use as
originally intended.
Attachment: C
Manor Vail SDD Amendment November 18, 2007 Page 1 of 2
a.
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TOWN OF PAIL ~ - .. , , : ~ .. .
THIS ITEM MAY AFFECT YOUR PROPERTY _
~,. PUBLIC NOTICE: ,'~ ~~
. ~.
NOTICE IS HEREBY GIVEN that .the Planning .and: Environmental .Commission' of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code,
on ~Decemlier~ 10, 2007, at 1:00 . pm. in-the Town of Vail .Municipal. Building, in
consideration of: - ''
A request for a final review of a variance, from Section 12-76-13, Density Control, Vail
Town Code, pursuant to Chapter 12-17, Variances; and a request for a final review of a
conditional 'use. permit;- pursuant. to Chapter 12-1.6, Conditional Use Permits;_ Vail -Town
Code; to .allow for the conversion of~ two existing:Type III ~ Employee-.Housing ~ Units into
atlditional~'gross residential floor area for~an existing dwelling~_unit,~ located at 201.. Gore
Creek Drive ~ (Bell Tower Building)/Part of Tract. A, ~ Block 5B~, ,Vail Village Filing 1, and
setting forth details in regard thereto. (PEC07,-0067) .. ~ ~ ~ ,
Applicant: Dean MacFarlan, represented by VAG, Inc., Architects & Planners
Planner: Bill Gibson ~ ~ r
~~ ~ .. , .
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a, platted,:;building
envelope, located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and
setting forth details in regard thereto. (PEC07-0069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
A request for a final review of a conditional use permit, pursuant to Chapter 12-1.6,
Conditional Uses, to allow for the temporary use. of the tennis facility for conferences and
conventions, located at 1300 Westhaven Drive (Vail Cascade)/Special Development
District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC07-
0068)
Applicant: .Vail Cascade Resort and Spa,, represented by Don MacLachlan
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10,
Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire
roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town
of Vail, and setting forth details in regard thereto. (PEC07-0071)
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final recommendation to the Vail Town Council on a proposed major
amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an amendment to Special Development District
No. 38, Manor Vail, to allow for a change in the number of dwelling units, located at 595
Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, ~ C, Vail Village Filing 7, and
setting forth details in regard thereto. (PEC07-0072)
Applicant: ~ Manor Vail Condominium Association, represented by Zehren 8~ Associates
Planner: Warren Campbell
Page 1 ~ _,, .` Attachment D
ORDINANCE N0.42
SERIES OF 2007
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE
REGARDING CRIMINAL INJURY TO PROPERTY, LARCENY, FRAUD AND
RELATED OFFENSES; AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS.; the Town of Vail, in the County of Eagte 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 elected and qualified; and
WHEREAS effective July 1, 2007, C.R.S. Section 18-1-501 provides that a
criminal mischief charge with a value of less than one thousand dollars
($1,000.00) is a misdemeanor criminal matter; and
WHEREAS, effective July 1, 2007, C.R.S. Section 18-4-401(8) increased
a municipality's concurrent power to prohibit theft, by ordinance, of a thing of
value from less than five hundred dollars to less than one thousand dollars; and
WHEREAS, the crimes of criminal injury to property and larceny are a
matter of concern to the Town and the Council finds that, to the extent The Town
of Vail Municipal Court has jurisdiction over such crimes, they can be more
effectively and efficiently handled locally.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT;
Section 1. Section 6-3E-1, Vail Town Code, is hereby amended to read as
follows:
6-3E-1: CRIMINAL INJURY TO PROPERTY:
It is unlawful for any person to knowingly injure, deface, mutilate, remove
down, break, or in an wa ,pull
y y intertere with, molest, desecrate or destroy any
property belonging to or under control of the Town or any person, with a value of
less than one thousand dollars ($1,000.00), within the limits of the town.
Section 2. Section 6-3B-2A, Vail Town Code, is hereby amended to read as
follows:
Ordinance No. 42, Series 2007
~.
6-3B-2: LARCENY, FRAUD AND RELATED OFFENSES:
A. Definitions:
LARCENY: To take or exercise control over property of another having a value of
less than one thousand dollars ($1000.00) without authorization or by threat or
deception; and
1. With the intention to deprive the owner permanently of the use or benefit
of such property; or
2. To knowingly use, conceal or abandon such property in a manner so as
to deprive the owner permanently of its use or benefit; or
3. To knowingly demand any consideration for which one is not legally
entitled as a condition of restoring such property to the owner.
RECREATIONAL FACILITY: Any golf course, tennis court or any recreational
property, or any related property facility or thing whatsoever.
SKIING FACILITY: Any ski tow, ski lift, gondola, or any related property or facility.
SKIING SERVICE: Service and instruction offered or provided by any ski
instructor or ski school, and any service offered or provided in connection with
any skiing facility.
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 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 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.
Ordinance No. 42, Series 2007
Section 6. 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.
INTRODUCED, READ ON FIRST READING,. APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of
December, 2007, and a public hearing for second reading of this Ordinance set
for the 8th day of January, 2008, at 6:00 P.M. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 42, Series 2007
,/
ORDINANCE NO. 43
SERIES OF 2007
AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, VAIL TOWN CODE,
REGARDING PARKING INFRACTIONS; 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 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, the Council finds that certain text amendments to the Vail Town
Code relating to the Town's parking regulations are necessary to more effectively
enforce the current parking policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 3, Article D. Parking Infractions, Vail Town Code, is
hereby amended to read follows:
ARTICLE D. PARKING INFRACTIONS
SECTION:
7-3D-1: Penalties
7-3D-2: Late Fees
7-3D-3: Time Limited Parking
7-3D-4: Abuse of Parking Facilities
7-3D-5: Unauthorized Parking Prohibited
7-3D-6: Parking in Space Required
7-3D-7: Driver and Owner Liable for Violation
7-3D-8: Initiation
7-3D-1: PENALTIES:
Every person who is convicted of, who admits liability for, or against whom a judgment is
entered for a parking violation, shall be fined or penalized up to one hundred dollars
($100.00) with a fee schedule set by the Town of Vail Municipal Court.
7-3D-2: LATE FEES:
Whenever enforcement is initiated by the issuance of a parking ticket and a fine or a
penalty is not received by the Municipal Court, or the owner or driver does not appear in
the municipal court to set a hearing on the allegation within twenty one (21) days of the
date of issue, the fine or penalty as set forth in section 7-3D-1 of this article shall be
increased by a late fee of five dollars ($5.00).
Ordinance No. 43, Series 2007
7-3D-3: TIME LIMITED PARKING:
It shall be unlawful for any person to park a vehicle in any time limited parking space for
a consecutive period of time longer than that limit posted period of time for which parking
is lawfully permitted, irrespective of the amount of money deposited into the parking
management system.
7-3D-4: ABUSE OF PARKING FACILITIES:
No person shall park a vehicle in a town parking facility for a free period of time, exit the
facility and reenter the facility, and park for a second free period of time within three (3)
hours of the first entry into the facility.
7-3D-5: UNAUTHORIZED PARKING PROHIBITED:
No vehicle shall be parked upon any public property contrary to the direction or intended
function of any of the following:
(a j A parking attendant, a card or coin-operated gate, parking meters, pay-
and-display station or any other means calculated to bar or otherwise control entrance
onto or use of the property by unauthorized vehicles; or
(b) Signs or pavement markings located on the property indicating a
limitation or prohibition on parking thereupon or that a parking fee must be paid;
(c) Any other method of express revocation of consent communicated directly to
the owner or driver of the vehicle by the owner of the property or the owner's authorized
agent.
7-3D-6: .PARKING IN SPACE REQUIRED:
Every vehicle parked in a metered parking zone, a space governed by a pay station, or
in a parking lot or public structure shall be parked entirely within one individual parking
space as indicated by traffic control markings.
7-3D-7: DRIVER AND OWNER LIABLE FOR VIOLATION:
Both the owner and the driver are jointly and severally liable for any such violation(s) of
this Chapter.
7-3D-8: INITIATION:
(1) Enforcement of the provisions of this Chapter may be initiated in any of the
following ways:
(a) A parking ticket may be served by leaving it under the windshield wiper or
otherwise attached to the vehicle, or handing it to the driver or owner if the driver or
owner is present, or mailing it by first class or certified mail to the address of the owner
of the vehicle as shown in the motor vehicle ownership records of the state of
registration; or
(b) A summons and complaint may be served on the driver of the vehicle as
provided in the Colorado Municipal Court Rules of Civil Procedure; or
(c) A summons and complaint may be served on the owner of the vehicle as
provided in the Colorado Municipal Court Rules of Civil Procedure.
Ordinance No. 43, Series 2007
(2) No more than one fine or penalty may be collected for each infraction
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 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 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.
Section 5. The Town Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2007,
and a public hearing for second reading of this Ordinance set for the 8th day of January,
2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado,
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 43, Series 2007
MEMORANDUM
To: Town Council
From: Kathleen Halloran
Date: December 13, 2007
Subject: Supplemental Appropriation
On December 4, Town Council approved the first reading of Supplemental Appropriation #3 of 2007. On
Tuesday evening you will be asked to approve the second reading of Ordinance No. 38 making
supplemental appropriations and adjustments to the 2007 budget.
The following information is attached for your review:
Third Supplemental Appropriation Request of 2007
Statements of Revenue, Expenditure, and Changes in Fund Balance including the third
supplemental
Ordinance No. 38
The following items have been added since the first reading of the supplemental:
General Fund and RETT Fund:
A reduction in the 5% administrative fee collected by the General Fund related to the RETT tax
revenue projection. This is reflected in the General Fund as a reduction in revenue of $73,750, and in
the RETT Fund as a reduction in expense of the same amount. This adjustment is highlighted in both
the detailed worksheet as well as in the fmancial statements.
General Fund .
An increase of $4,000 in bank charges (credit card fees) relating to the increase in parking revenue.
An increase of $7,000 (for a total of $22,000) in legal fees relating to Arrabelle issues. The prior
supplemental worksheet requested $15,000.
The details for all supplemented items are outlined in the attached spreadsheet (pages 2 and 3).
071218 Supp 3a - 1 -
Proposed Supplemental Appropriations and Budget Adjustments #3 of 2007
Second Reading
Revenue Expenditure
Increase Increase
Description (Decrease) (Decrease) Reason
Construction Permit Fees 1,022,000 Based on current overages; this revenue will be spent in 2008 on contract services
Plan Check Fees 570,000 Based on current overages; this revenue will be spent in 2008 on contract services
Professional Fees - Reimbursables 68,208 Projected payouts anticipated for 2007. The remaining payments for 2008 relate to above revenue collected.
Street Cut Fees / PW Permits 118,000 Based on current overages
Collection Costs
l Professional Fees (73,750) 5% ofRETT collections for administration; related to revenue reduction
~
22,000
Outside legal fees related to Arrabelle TCO
3rd Party /Insurance Payments _
37,146 _
__
____
Pinnacol Assurance premium refund (Worker's Comp)
Out of Cycle Contributions (250,000) Adjust for off-cycle contribution towazd amphitheater -should have been out of RETT fund per Council June 19
Project Reimb /Shared Costs 16,250 Solazis reimbursement for CDOT appraisal
Professional Fees 16,250 Cost of appraisal for CDOT easements for Solaris project
Manhole Cover Revenue (12,000) Transfer revenue to RETT from General Fund
Manhole Cover Jewelry Revenue (12,000) Transfer revenue to RETT from General Fund
Salary expense -Environmental 33,060 Split between RETT and General Fund for Environmental Health staffmg costs
Benefits -Environmental 7,030 Split between RETT and General Fund for Environmental Health staffmg costs
General Liability /Auto Liability (25,000) Portion charged to Heavy Equipment Fund (see below)
Recruiting expense -Human Resouces 55,000 Director-level vacancies during the year (Librazian, Community Development, Fire, etc)
Parking revenue -Vail Village 150,000 Increased rates; projection based on 15% less revenue than prior year's winter
Parking revenue - Lionshead 62,000 Increased rates; projection based on 15% less revenue than prior yeaz's winter
Pazking revenue - Pazking passes 370,000 Based on current overage
Parking revenue - Pink/Green passes 120,000 Based on current overage
~
Bank Charges -Parking Structures 4,000 ~
Increaed usage of credit cards by customers are resulting in more credit cazd fees charged to the Town.
Signs & Sign Materials -Parking _
6,000 New signage for rate increase and new pazking system
TOV Food Drive -Donations 15,742 Donations received for the Food Drive
TOV Food Drive -Expense 15,742 Food cards purchased from grocery stores with Food Drive proceeds
Fire Dept -Salary Expense
8,000 4 employees were injured on duty during the yeaz; Additional cost due to replacement cost plus sick pay
California Fire Response Reimbursement 29,907 Reimbursement for California Fire response
California Fire Response Expense 29,907 Expense related to California Fire response
Subtotal General Fund 2,413,295 (9,803)
Capital Projects Fund
Project Reimb / Shazed Costs 260,000 Based on current overage from streetscape reimbursement, including Solazis, One Willow and Sonnenalp
Adjacent Property Reimb 795,000 Based on current overages ; streetscape / snowmelt related items including Vail Village Inn and Vail Center
Capital replacement fund 6,000 Capital replacement fund from Vail Recreation District for the Vail Gymnastics Center
Construction Services 18,000 Cany forwazd capital replacement reserve ($6,000 per yeaz since 2005) for the Vail Gymnastics Center
Project Reimb / Shazed Costs 27,482 West Vail roundabout overlay -reimbursement from CDOT
Construction Services 27,482 West Vail roundabout overlay construction expense
LH Parking Structure RFP 63,000 Legal and consulting fee reimbursement from developer (incl. 5% admin fee)
LH Pazking Structure RFP 60,000 Legal and consulting fees
LH Improvements -Other State Revenue 24,000 CDOT Intergovernmental Agreement (IGA) for shazed costs on Transportation Master plan
LH Improvements -Professional Fees 24,000 CDOT Intergovernmental Agreement (IGA) for shazed costs on Transportation Master plan
Supp 3 of 2007 2nd 2 12/13/2007 10:15 AM
Proposed Supplemental Appropriations and Budget Adjustments #3 of 2007
Revenue Expenditure
Increase Increase
Second Reading
Description (Decrease) (Decrease) Reason
Parking Entry System 35,000 Additional project expenses for installation of new parking system
Parking Improvements 35,000 Widen shoulders for additonal parking along frontage road; surface for parking at Wendy's site
Fire infrastrnctwe (38,000) Use funds from Fire infrastructure budget to cover Wendy's demoltion
Demolition of Wendy's site 38,000 Demolition expense for winter pazking at Wendy's site .
Computer programming -Use Tax 8,000. Set up existing computer software to accept and track use tax payments
800 Radio Equipment -Public Works 50,000 Transfer from 2008 budget to take advantage of significant discount for new radios (replacing 1998 radios)
Project Reimb /Shared Costs 105,000 Holy Cross is funding the town's portion of project to place utilities underground in East Vail
Construction Services 105,000 Shared expense with developer/homeowners association in placing utilities underground
Subtotal Capital Projects Fund 1,280,482 362,482
RETT Projects Fund
Transfer Tax Revenue (1,475,000) Reduction due to real estate mazket trend
_ __
Collection Costs _
a ~ (73,750) 5% of RETT collections for administration; related to revenue reduction _____^~__~.~__`~
Contributions ~ ~ 250,000 Off-cycle contribution toward Ford Amphitheater renovations
AIPP - Contribuitions 100,000 Willow's development (Triumph) -contribution towazd public art program
AIPP -Professional Fees 100,000 Triumph Winterfest art exhibit /event
Recreation ammenities fee 856,000 Current overage: Cascade Residences, Four Seasons, Mountain View, Ritz Carlton Residences and The Willows
Manhole Cover Revenue 12,000 Transferred from General Fund; profits go toward Art in Public Places (AII'P) projects
Manhole Cover Jewelry Revenue 12,000 Transferred from General Fund; profits go toward Art in Public Places (AIPP) projects
Manhole Cover Expense 10,746 Inventory expense related to manhole and jewelry sales
Eagle River Watershed Council 49,000 Return of funding due to project delays
Eagle River Watershed Council 49,000 Return of funding due to project delays -expenditure set to roll forward in 2008
Subtotal RETT Projects Fund (446,000) 335,996
Dispatch Service Fund
Project Reimb /Shared Costs 14,135 County reimbursement for re-banding communications project
Contract Services 14,135 Re-banding project expenses
Subtotal Dispatch Service Fund 14,135 14,135
Heavy Equipment Fund
General Liability /Auto Liability 25,000 Annual cost shaze with General Fund -see above reduction in General Fund expense
Gain/Loss on Disposal of Assets 100,586 Sales of fully-depreciated vehicles and equipment (snow plows, loader, sweeper)
Subtotal Heavy Equipment Fund 100,586 25,000
Health Insurance Fund
Insurer proceeds 200,000 Reimbursement from stop-loss carrier for large claims
Claims Paid 200,000 Increased claims expense
Subtotal Health Insurance Fund 200,000 200,000
Total All Funds 3,562,498 927,810
Supp 3 of 2007 2nd 3
12/13/2007 10:15 AM
3rd Supplemental of 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
Current Proposed
Budget Ammended Ammended
2007 2007 Supp #3 2007
Revenue
Local Taxes:
Sales Tax Split b/t Gen'I Fund & Capital Fund 63/37 58/42
58/42
Sates Tax $ 10,741,500 $ 10,741,500 $ - $ 10,741,500
Property and Ownership 3,007,998 3,007,998 - 3,007,998
Ski Lift Tax 2,890,000 2,890,000 - 2,890,000
Franchise Fees, Penalties, and Other Taxes 807,000 807,000 - 807,000
Licenses & Permits 1,883,550 2,779,550 1,710,000 4,489,550
Intergovernmental Revenue 1,283,200 1,345,750 - 1,345,750
Transportation Centers 3,685,380 3,700,780 702,000 4,402,780
Charges for Services 752,856 757,608 (43,843) 713,765
Fines & Forfeitures 201,500 201,500 - 201,500
Earnings on Investments 425,000 795,000 - 795,000
Rental Revenue 754,908 737,220 - 737,220
Miscellaneous and Project Reimbursements 70,000 73,150 45,138 118,288
Total Revenue 26,502,892 27,837,056 2,413,295 30,250,351
Expenditures
Salaries 12,099,741 12,169,578 58,030 12,227,608
Benefits 4,240,927 4,242,280 10,258 4,252,538
Subtotal Compensation and Benefits 16,340,668 16,411,858 68,288 16,480,146
Contributions and Special Events 1,176,664 1,464,664 (250,000) 1,214,664
All Other Operating Expenses 5,974,016 7,394,336 171,909 7,566,245
Heavy Equipment Operating Charges 1,946,418 1,946,418 - 1,946,418
Heavy Equipment Replacement Charges 631,723 631,723 - 631,723
Dispatch Services 512,427 512,427 - 512,427
Total Expenditures 26,581,916 28,361,426 (9,803) 28,351,623
Revenue Over (Under) Expenditures (79,024) (524,370) 2,423,098 1,898,728
Transfer to Capital Projects Fund - (222,500) - (222,500)
Beginning Fund Balance 12,664,979 15,433,051 15,433,051
Ending Fund Balance $ 12,585,955 $ 14,686,181 $ 2,423,098 $ 17,109,279
3rd Supplemental of 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Current Proposed
Budget Ammended Ammended
2007 2007 Supp #3 2007
Revenue
Sales Tax $ 6,308,500 $ 7,658,500 $ - $ 7,658,500
Federal Grant Revenue - 50,617 - 50,617
Lease Revenue 187,800 187,800 - 187,800
Project Reimbursement
Eagle County Grant Revenue
Earnings on Investments and Other
Total Revenue
Expenditures
Land Purchases
Vail Heights Unit
Pitkin Creek Unit
East Vail Lodging Unit
Wendy's Property
Equipment Purchases
Document Imaging
Software & Hardware Upgrades
Comm Dev Interactive Permit software
Network upgrades/new UPS for computer roo
Web Page Development/Ecommerce
Eagle County CAD / RMS Project
Parking Equipment Replacement
Fire Truck Rebuild/Refurbish
Jail Video System Upgrade
Police Radio AMP in parking structures
Heavy Duty Tire changer
Generator
Office Equipment
Replace Buses
GPS for Buses
800 MHz radio system
Vehicle Expansion
Subtotal Equipment Purchases
Capital Maintenance
Bus Shelter Replacement
Capital Street Maintenance
Parking Structure Improvements
General Facility Improvements
Fire suppression in computer rooms
Flammable storage / Mag Chloride
Gymnastics Facility Reserve
Subtotal Capital Maintenance
- 194,369 1,256,482 1,450,851
- 500,000 - 500,000
43,000 417,500 24,000 441,500
6,539,300 9,008,786 1,280,482 10,289,268
- 280,000 - 280,000
- 462,125 - 462,125
- 172,550 - 172,550
- 2,022,000 35,000 2,057,000
97,000 97,000. - 97,000
72,000 88,000 - 88,000
65,000 65,000 8,000 73,000
i 45,000 45,000 ~ - 45,000
20,000 20,000 - 20,000
92,500 92,500 - 92,500
- 390,348 35,000 425,348
588,000 589,352 - 589,352
12,000 12,000 - 12,000
50,000 50,000 - 50,000
17,500 17,500 - 17,500
- 75,000 - 75,000
17,000 17,000 - 17,000
- 3,842,605 - 3,842,605
- 52,750 - 52,750
- - 50,000 50,000
44,800 44,800 - 44,800
1,120,800 5,498,855 93,000 5,591,855
30,000 30,000 - 30,000
830,000 830,000 27,482 857,482
455,000 481,129 - 481,129
446,000 744,627 - 744,627
35,500 35,500 - 35,500
- 24,000 - 24,000
- - 18,000 18,000
1,796,500 2,145,256 45,482 2,190,738
3rd Supplemental of 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Buildings 8~ Improvements
Fire infrastructure improvements
Building Remodels
Fiber Optics in Buildings
Dobson Ice Arena
Way Finding Improvements
Donovan Park Pavilion
Gymnastics Facility
Subtotal Bldgs /Improvements
Streetscape Projects
West Meadow Drive
East Meadow Drive-Streetscape Heat
Village Streetscape
Subtotal Streetscape Projects
Housing Program
Current Proposed
Budget Ammended Ammended
2007 2007 Supp #3 2007
2,000,000 117,229 - 117,229
50,000 50,000 - 50,000
15,000 15,000 - 15,000
- 7,900 - •7,900
- 9,896 - 9,896
- 29,634 - 29,634
- 5,612 - 5,612
2,065,000 235,271 - 235,271
1,100,000 950,000 - 950,000
1,180,000 .1,030,000 - 1,030,000
- 1,276,667 - 1,276 667
2,280,000 3,256,667 - 3,256,667
Buy-Down Program 100,000 - - -
Rational Nexus Study - 1,999 - 1,999
Timber Ridge Debt Service Guarantee - 925,000 - 925,000
Timber Ridge Legal /Zoning - 32,558 - 32,558
Subtotal Housing Program 100,000 959,557 - 959,557
LionsHead Redevelopment
LionsHead Improvements _ - 89,764 24,000 113,764
Subtotal LionsHead Redevelopment - 89,764 24,000. 113,764
Other Improvements
TOV Strategic Planning (Vail 2020)
West Vail Area Plan
Street Light Improvement Program
I-70 Noise
LH Parking Structure RFP
Bio-Mass Study
Underground Utility Improvements
Subtotal Other Improvements
Total before Financing
W. Vail Station Bonds
W. Vail Station Debt Service
Transfer for Debt Service
Transfer from General Fund
Total Financing
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
150,000 167,920 - 167,920
- 27,300 - 27,300
75,000 80,099 - 80,099
250,000 837,575 - 837,575
- 126,299 60,000 186,299
50,000 50,000 - 50,000
- - 105.000 105,000
525, 000 1, 289,193 165,000 1,454,193
7,887,300 16,411,238 362,482 16,773,720
2,000,000 - - -
(57,213) - - -
(2,322,497) (2,322,497) - (2,322,497)
- 222,500 - 222,500
(379,710) (2,099,997) - (2,099,997)
8,267,010 18,511,235 362,482 18,873,717
(1,727,710) (9,502,449) 918,000 (8,584,449)
3,151, 373 10,256,602 10,256,602
1,423,663 754,153 918,000 1,672,153
3rd Supplemental 2007
Second Reading
TOWN OF VAIL 2007. BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
REVENUE
Real Estate Transfer Tax
Golf Course Lease
Lottery Revenue
Project Reimbursements
Earnings on Investments and Other
Recreation Amenity Fees
Total Revenue
EXPENDITURES
Annual Maintenance
Current Proposed
Budget Ammended Ammended
2007 2007 Supp #3 2007
$ 8,179,952 $ 7,300,000 $ (1,475,000) $ 5,825,000
123,018 123,018 - 123,018
20,000 20,000 - 20,000
150,000 ~ 399,065 - 399,065
57,000 360,000 173,000 533,000
125,000 125,000 856,000 981,000
8,654,970 8,327,083 (446,000) 7,881,083
[RETT Management Fee 408,998 365,000 (73,750) 291,250
Rec. Path Capital Maintenance 216,300 234,837 - 234,837
Alpine Garden Support 54,080 54,080 - 54,080
Tree Maintenance 87,000 104,796 - 104,796
Forest Health Management 250,000 385,325 - 385,325
Street Furniture Replacement 20,000 20,000 - 20,000
Black Gore Creek Sand Mitigation 100,000 135,000 49,000 184,000
Park, Path & Landscape Maintenance 1,260,802 1,260,802 - 1,260,802
Subtotal Maintenance 2,397,180 2,559,840 (24,750) 2,535,090
Recreation PathlTrail Development
Katsos Ranch 750,000 1,225,943 - 1,225,943
Cascade Bike Path - 7,000 - 7,000
TimberRidge-Buffehr Crk Rd Separation 675,000 675,000 - 675,000
Trailhead Development 21,000 27,273 - 27,273
Meadow Drive Streetscape 920,000 720,000 - 720,000
Frontage Road Bike Trail - - - -
Subtotal Pathways 2,368,000 2,655,216 - 2,655,216
Capital Maintenance
ADA Compliance w/VRD 50,000 126,848 - 126,848
VRD Agreements /Legal 50,000 52,444 - 52,444
Raw Water Project /Irrigation Control - 10,388 - 10,388
Stream Tract Incursion Survey - 34,881 - 34,881
Big Horn Park -Per Safety Plan - 216,756 - 216,756
Red Sandstone Park -Per Safety Plan 58,000 58,000 - 58,000
Retrofit Park Restrooms-3 seasons - 172,404 - 172,404
Park /Playground Capital Maintenance 100,000 100,000 - 100,000
Landscape Medians 570,000 570,000 - 570,000
Turf Topdresser 12,000 12,000 - 12,000
Bear Proof Containers 180,000 199,500 - 199,500
SibertCircle - 1,099,095 - 1,099,095
Ford Amphitheater Renovations - 250,000 250,000
Greenhouse 100,000 100,000 - 100,000
Subtotal Capital Maintenance 1,120,000 2,752,316 250,000 3,002,316
Art in Public Places (AIPP)
Public Art 75,000 260,909 100,000 360,909 .
Project Management 66,000 66,000 10,746 76,746
Subtotal AIPP 141,000 326,909 110,746 437,655
Park Development
Donovan Park - 49,050 - 49,050
White Water Park - 376,000 - 376,000
LionsHead Park 139,000 139,000 - 139,000
Booth Creek Park Redevelopment 422,000 - - -
Skate Park - 400,000 - 400,000
Kayak Take-out - 10,000 - 10,000
Ford Park Master Plan-Improvements 100,000 100,000 - 100,000
Subtotal Park Development 661,000 1,074,050 - 1,074,050
3rd Supplemental 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Current Proposed
Budget Ammended Ammended
2007 2007 Supp #3 2007
Discretionary Projects
Recreation Master Planning - 104,500 - 104,500
Ford Park /Tennis Center Improvements 56,000 56,000 - 56,000
Total Discretionary Projects 56,000 160,500 - 160,500
Environmental Sustainability 250,000 250,000 - 250,000
Open Space Acquisition - 551,019 - 551,019
Total Expenditures 6,991,180 10,329,850 335,996 10,665,846
Revenue Over (Under) Expenditures 1,663,790 (2,002,767) (781,996) (2,784,763)
Beginning Fund Balance 4,444,006 8,956,388 8,956,388
Ending Fund Balance 6,107,796 6,953,621 (781,996) 6,171,625
e
3rd Supplemental 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
Current Proposed
2007 Ammended Ammended
Budget 2007 Supp #3 2007
Revenue
E911 Board Revenue $ 563,654 $ 563,654 $ - $ 563,654
Interagency Charges 901,858 901,858 - 901,858
Town of Vail Interagency Charge 512,427 512,427 - 512,427
Earnings on Investments - - - -
E911 BOARD Capital Grant - - - -
Project Reimbursement - 72,000 14,135 86,135
Other - - -
Total Revenue 1,977,939 2,049,939 14,135 2,064,074
Expenditures
Salaries & Benefits 1,470,322 1,470,322 - 1,470,322
Operating, Maintenance & Contracts 475,119 475,119 14,135 489,254
Capital Outlay 50,000 122,000 - 122,000
Total Expenditures 1,995,441 2,067,441 14,135 2,081,576
Revenue Over (Under) Expenditures (17,502) (17,502) - (17,502)
Beginning Fund Balance 329,044 543,186 543,186
Ending Fund Balance 311,542 525,684 - 525,684
HEAVY EQUIPMENT FUND
Current Proposed
2007 Ammended Ammended
Budget 2007 Supp #3 ~ 2007
Revenue
Town of Vail Interagency Charge $ 2,578,141 $ 2,578,141 $ - $ 2,578,141
Insurance Reimbursements & Other 37,900 37,900 - 37,900
Earnings on Investments 8,000 8,000 - 8,000
Equipment Sales and Trade-ins 49,330 49,330 100,586 149,916
Total Revenue 2,673,371 2,673,371 100,586 2,773,957
Expenditures
Salaries & Benefits 926,331 926,331 - 926,331
Operating, Maintenance & Contracts 987,873 987,873 25,000 1,012,873
Capital Outlay 671,300 671,300 - 671,300
Total Expenditures 2,585,504 2,585,504 25,000 2,610,504
Revenue Over (Under) Expenditures 87,867 87,867 75,586 163,453
Beginning Fund Balance 1,292,685 1,292,685 1,385,383
Ending Fund Balance
1,380,552 1,380,552 75,586 1,548,836
s
3rd Supplemental 2007
Second Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
HEALTH INSURANCE FUND
Current Proposed
2007 Ammended Ammended
Budget 2007 Supp #3 2007
Revenue
Town of Vail Interagency Charge -Premiums $ 2,242,900 $ 2,242,900 $ - $ 2,242,900
Employee Contributions 241,600 252,200 - 252,200
Insurer Proceeds 5,000 152,000 200,000 352,000
Earnings on Investments 27,200 33,500 - 33,500
Total Revenue 2,516,700 2,680,600 200,000 2,880 600
Expenditures
Health Inusrance Premiums 299,400 299,400 - 299,400
Claims Paid 2,143,800 2,772,000 200,000 2,972,000
Short-term Disability Pay 56,000 40,000 - 40,000
Professional Fees 17,500 17,500 - 17,500
Total Expenditures 2,516,700 3,128,900 200,000 3.328.900
Revenue Over (Under) Expenditures - (448,300) - (448,300
Beginning Fund Balance 475,154 1,009,273 1,009,273
Ending Fund Balance
475,154 560,973 - 560,973
io
ORDINANCE NO. 38
SERIES OF 2007
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL
GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND,
DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND AND HEALTH INSURANCE FUND
OF THE 2007 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING. THE
EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2007 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2006, adopting the 2007 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain supplemental appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations and budget adjustments for the
2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or
(reduction) of said appropriations as follows:
General Fund $ (9,803)
Capital Projects Fund 362,482
Real Estate Transfer Tax Fund 335,996
Dispatch Services Fund 14,135
Heavy Equipment Fund 25,000
Health Insurance Fund 200,000
Total $ 927,810
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 No. 38, Series of 2007
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 5th day of December, 2007, and a public hearing shall be held on this
Ordinance on the 18th day of December, 2007, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED AS AMMENDED ON SECOND READING AND ORDERED PUBLISHED
IN FULL this 18th day of December, 2007.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 38, Series of 2007
MEMORANDUM
TO: Vail Town Council
FROM: Gregg Barrie
Department of Public Works
DATE: December 18, 2007
SUBJECT: Response to Nancy Rondeau
Dear Town Council Members,
Please find attached a response to Mrs. Nancy Rondeau's letter to the Town in regards to
the noxious weed spraying in the Matterhorn neighborhood this past fall. Mrs. Rondeau had
an allergic reaction to one of the herbicides.
I forwarded her letter to our contracted herbicide applicator so that he could address her
concerns directly using his knowledge of the required safety procedures and proper use of
the herbicides. The contractor's name is Paul Schriner with Eco-Rx, Inc. I think one of Mrs.
Rondeau concerns is that the sprayers were Town employees when they are actually
contracted applicators. Paul's letter addresses many of her concerns.
Paul and I have discussed this incident in depth and are recommending several
improvements to the way we currently perform weed spraying. The recommendations are as
follows:
The Town will maintain a list of people who wish to be personally notified prior to
spraying. We will plan to contact those persons twice. The first time will be when dates
for spraying have been established by the applicator, usually 1 to 2 weeks in advance.
The second time will be at least 48 hours prior to spraying within the neighborhood of
listed persons.
2. The Town will explore options for notifying the general public prior to spraying including
radio and newspaper notifications.
3. Additional signage will be fabricated and placed appropriately at least 48 hours in
advance of spraying in each neighborhood. Currently, signs are placed at major
neighborhood entrances the day before spraying, usually later in the day.
4. Flags will be placed in open space areas to indicate sprayed areas. They will remain in
place a minimum of 48 hours after spraying has occurred.
5. Per Paul's recommendation, the use of herbicides containing 2,4-D will be curtailed in
areas where we have pesticide sensitive citizens. We will also limit its use to areas
where there is a low likelihood that anyone will be affected.
The Town of Vail has a significant problem with noxious weeds. In fact, 23 species of plants
listed on the Colorado Noxious Weed list have been located in Vail. Both State law and the
Town of Vail Noxious Weed Ordinance require property owners to control and eliminate
these plants.
The Department of Public Works uses four methods to control noxious weeds including
biological controls ,(release of weed consuming bugs and the use of goats), mechanical
controls (hand pulling and mowing of certain plants); cultural controls (revegetation of
disturbed areas with native plants) and chemical controls (use of herbicides). Effective weed
management requires a combination of these methods and is called Integrated Weed
Management. All of these methods have been used by the town in the past two years.
Fortunately, we are starting to see some progress around town and as weeds disappear it
will be possible to reduce the need for chemical controls and to rely more heavily on the
other methods. It is important that we continue our efforts and to adjust the Noxious Weed
Program as needed to prevent situations that negatively impact Vail's citizens and visitors.
For more information on the Town's. Noxious Weed Program, please review the Town of Vail
Weed Management Plan adopted in 2004 at:
http://www.vailgov.com/docs/dl forms/weed manacement glan.PDF
and the Noxious Weed Management Program letter that was mailed to property owners last
spring:
htto://www.vailaov.com/docs/dl forms/Weeds Newsletter 2. indd.pdf
If you have additional questions regarding this incident or the Noxious Weed Program please
contact me directly by email gbarrie vailgov.com or by phone 479-2337.
Gregg Barrie, ASLA
Senior Landscape Architect
Attachments:
1. Copy of Nancy Rondeau's letter to the Town
2. Dept. of Public Works response to Mrs. Rondeau
3. Paul Schriner's response to Dept. of Public Works
4. Paul's Application Record for the date the incident occurred
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On September 6, as a result of town spraying of vegetation in the meadows on the upper
bench of Matterhorn Circle, I hacl a severe reaction to the herbicide chemicals used.
According to Gregg Barrie's information given to me, those chemicals mixed together
were:
TORDON 22IL HERBICIDE
CORNBELT 4LB. AMINE (24D)
The conditions existing the day of application by the town:
NO SIGNAGE at points of application: It is imy understanding that there are only
signs available for town posting, and for Matterhorn Circle that day, only one
sign was located at the entrance to Matterhorn Circle at the frontage road. Please
note residents not exiting to the frontage road that day would not be aware of the
event! The area to be sprayed was amulti-acreage area used for walking selves,
clogs and infants.
THE WEATHER was very windy (with 10 to 15 mph winds) and the spraying
was done from 12:30 to 5:30 PM! Spraying instructions specifically say '`SPRAY
WHEN THE AIR IS FAIRLY CALM, 5 MPH OR LESS! AVOID
BREATHING VAPORS OR SPRAY MIST."
.PROTECTIVE GEAR for employees was lacking rubber gloves and protective
eyewear. Please read cautionary remarks in the CORNBELT 4LB AMINE
handout enclosed.
4. HANDLING AND STORAGE and application instructions "AVOID
BP~EATHING SPPtiAY MIST!" Visually, as the sun. dipped later in the day, I
could see this mist spreading out into the air.
MY ITOtiSE location is directly (~0' away) opposite the west corner of the upper
meado~~~. The pattern of application made that area the `turn around' as rows and
ro~~~s of herbicide were sprayed. As the workers ~~~ere ~~~earing no protective
apparel, I assumed the procluet vas safe! I ~~~as outdoors ~arclening and some
~~rindo~~~s of my house were open.
6. Please reference the Material Safety Data Sheet enclosed. Highlights:
a) Health Hazards
o Causes in eversible eye damage and slain imitation
b) Warning Statements
o Keep away from children
® Do not get in eyes (mist!) or on clothing (mist!)
c) Precautionary Measures
o Applicators and other handlers must wear long sleeved shuts, long
pants, chemical resistant gloves, shoes, socks, (shoes should be destroyed
after use!), and protective eye wear.
7. My response to "mist" exposure lasted almost 1 week and was as follows:
1. Extreme eye irritation
,.2. Facial itching and scalp itching
3. Profuse rum7y nose
4: Slcin irritation and sensitivity around nose and mouth
5. Flushed facial appearance
6. Constant itching of eyelids
7. Sleepless nights because of these symptoms
Consultation with Dr. Harvey of Allergy Asthma Colorado to corifimn my
reactions.
Finally, because of this spraying event and my response and observations, I should
like to make the following safety recorrunendations to the town: .
1. Malce sure the chemicals used are safe for use on public land. Are there
alternatives to 24D?
2. Signage (as you require for commercial entities) at all points of application.
3. Appropriate protective apparel for employees.
4. Sufficient notification of times of application and duration of danger of chemical
used (in this case 4~ hours) so we can arrange, if we are sensitive to herbicide
exposure, to vacate.
Thai~ic you for your attention to this matter.. I expect to;hear from someone the next
time you spray!
Sincerely,
o r `"~
Nancy Rondeau
1613 Matterhorn Circle
Vail
T0~ OF VAIN
1309 Elkhorn Drive
Vail, Colorado 81657
970-479-2rSs
Fax.• 970-479-2166
www. vailgov. com
Department of Patblic Works ~' Transportation
Mr. and Mrs. Paul and Nancy Rondeau
1613 Matterhorn Circle
Vail, CO 81657
December 14, 2007
Dear Mr. and Mrs. Rondeau,
Thank you for your letter regarding the noxious weed spraying in the Matterhorn
neighborhood open space areas. I wanted to take a few minutes to respond to your
concerns.
I want to begin by saying how sorry I am that you had a severe physical reaction to the
spraying. It is most certainly not our intent to endanger the health of Vail's citizens and
visitors and I can assure you we will make efforts to prevent this from occurring again..
As one of Vail's landscape architects, I have been involved in the noxious weed program
for the past two years: In that time I have become familiar with the many weed species
in Vail, but unfortunately have only limited knowledge of the herbicides used to treat
them. In 2006, the Town first hired a licensed herbicide applicator to perform noxious
weed spraying and the program is still developing year by year. The Town relies heavily
on the applicator to use the appropriate herbicides and follow required safety measures.
The applicator hired by the Town this past summer is Paul Schreiner, his company is
Eco-Rx, Inc.
My experience with Paul has been very good. He is extremely knowledgeable and very
passionate about the noxious weed problem in Colorado. He works throughout the state
for both private and public entities and is formerly the Weed Manager for Summit
County. It is my opinion that he takes his profession very seriously and would not
intentionally overlook either public safety or safety for himself and his employees.
I forwarded a copy of your letter to him, as I think it is important for him to address both
the chemical concerns and the MSDS safety concerns. His response is attached. He
discusses the various pieces of information on the MSDS and product labels as well as
his thoughts on the use of 2,4-D. I would also mention that the MSDS and product label
that I sent to you called "Cornbelt 4LB Amine (2,4-D)" is a different product than was
actually sprayed, which is called "WEEDestroy AM-40", also a 2,4-D product. There
were several 2,4-D MSDS sheets listed on the website and I apparently picked the
wrong-one to send you. (They are quite lengthy at 37 pages, but I can email you the
correct versions if desired.)
Based on these events and on Paul's recommendations, Ithink the following changes
are necessary for our Noxious Weed Program and will be implemented during the next
application in the spring of 2008.
~~O ItEC]'CLED PAPER
Recommended changes:
The Town will maintain a list of people who wish to be personally notified prior to
spraying. We will plan to contact those persons twice. The first time will be
when dates for spraying have been established by the applicator, usually 1 to 2
weeks in advance. The second time will be at least 48 hours prior to spraying
within the neighborhood of listed persons.
2. The Town will explore options for notifying the general public prior to spraying
including radio and newspaper notifications.
3. Additional signage will be fabricated and placed appropriately at least 48 hours iri
advarice of spraying in each neighborhood. Currently, signs are placed at major
neighborhood entrances the day before spraying, usually later in the day.
4. Flags will be placed in open space areas to indicate sprayed areas. They will
remain in place a minimum of 48 hours after spraying has occurred.
5. Per Paul's recommendation, the use of herbicides containing 2,4-D will be
curtailed in areas where we have pesticide sensitive citizens. We will also limit
its use to areas where there is a low likelihood that anyone will be affected.
hope that you find these program. changes satisfactory and I assure that you will be
contacted before our next spraying. Please contact me if you have additional questions
or concerns. Thank you again for following up and informing the town of this unfortunate
incident.
Sincerely,
L~_ ~~'
e~~arrie, ASLA
Senior Landscape Architect
Town of Vail
Eco- Rx, Inc.
Noxious Weed /Vegetation Management
970.433.5850, EcoRx~),aol.com
PO Box 88, Austin, CO 81410 '
Gregg Barrie
Town of Vail
RE: Herbicide and applicator safety in 2007 applications
Gregg,
,'~r'
Nice to chat with you the other day. I thought I would give you a brief summary of the
application that occurred on 9/13/07 at the Matterhorn Parcel.. I have a number.of
attachments to this letter including the labels for the products used for the application,
MSDS for the same products and my application records for that day. I hope to explain
and clarify in some detail the labels and the general need for this type of application.
I understand that one of the neighboring property owners had a very adverse physical
reaction to the herbicide application. This is truly unfortunate and in the future we will
need to go to further lengths to protect and notify them of the application. I would
suggest that they go through the process of registering with the Colorado Dept. of
Agriculture as a Pesticide Sensitive person in the Pesticide Sensitive Registry. This
would allow notification to them when and where an application will occur on abutting
properties. It is important for them to understand that the property must be abutting for
the notification to occur through the registry and that properties that may be two doors
down will not be held to the notification process. The registration does not preclude the
use of pesticides on abutting properties it simply means that the pesticide sensitive
person is notified 24 hours in advance of the application so they can vacate the
property while the application occurs.
As commercial applicators we are required by law to check the registry before an
application takes place. I checked the registry before the project in Vail ever started
and there were no pesticide sensitive persons registered within the treatment area.
Given our knowledge that we do now have a person that is sensitive to pesticides we
will do a better job of notifying this person in the future.
Please understand that some people have differing sensitivity to different herbicides
and as a matter of fact there is one herbicide that I am sensitive to myself and I
choose not to use that active ingredient because of this.
Herbicides today have come a long way compared to even twenty years ago in terms
of safety for the environment, animals (including humans) and birds. This said, the
herbicide must be used correctly and according to the label to ensure that safety
margin. The pesticides (including herbicides) developed by the Pesticide Industry are
safety tested second only to the pharmaceutical trade and the testing process is
vigorous and safety must be proven before the EPA will allow the herbicide to be used.
In many cases herbicides are tested for twelve years or more before they are allowed
to enter the market and some are rejected after years of testing because of safety
concerns for the environment or Human/animal health. The label is truly the law when
it comes to herbicides and must be followed.
In the case of Personal Protection Equipment (PPE) it states on the label what clothing
must be worn~when making an application, mixing with the concentrate or
manufacturing the herbicide. This is where the label gets a bit confusing because there
are certain areas that require stricter safety procedures than others. For example on
the label for Tordon 22K there is a box with the heading Agricultural Use/WPS, which
stands for Worker Protection Standards. WPS is specific for agricultural use but not for
"non-crop" and to clarify it is specifically there to protect field workers from over
exposure to a pesticide when harvesting or manually working a crop. WPS require the
area to be flagged and no entry permitted fora 24 hour reentry period with out the
proper safety clothing, whereas in the exact same application in a non crop setting the
label states do not enter the area until the herbicide has dried.
There were some concerns about applicator PPE at the Matterhorn site but let me
assure you that all the label requirements were followed. As applicators we deal with
herbicides on a daily basis as such our exposure to herbicides is thousands of times
greater in one season than most people will have in a lifetime. As a result we don't
take PPE requirements lightly. The last thing I want is to become sick from the job that
I am doing. All our applicators were wearing long sleeves, long pants, protective eye
wear, nitrite gloves, socks and boots. All of our clothing is washed separately from any
other clothing and as the label states we throw away clothes if they are soaked in
concentrated herbicide. No where on the label does it mention the use of respirators
while applying the herbicide, but it does mention the use of respirators for the
manufacturing sector if the airborne concentration levels go beyond the OSHA
mandated level. We are advised to avoid breathing the mist which we do on a regular
basis.
The application technique that was employed at the Matterhorn site was that of spot
spraying with boomless nozzles at a low pressure. The nozzles are design to create
large droplet sizes which tend not to drift as bad as a finer droplet size. The operation
pressures for our spray equipment is less than 30 psi which further reduces the risk of
drift.
Wind conditions at the time of application as measured on site were with in the label
requirements for ground applications. Some air movement is a requirement for
herbicide applications. If the conditions are calm then we risk having an inversion
which allows any fine mist to simply hang in the air and not fall to the ground.
As I have said earlier it is unfortunate that one of the nearby home owners had a
reaction to the application and in no way do I fault them for bringing it to our attention,
in fact information like this is critical for the program's success so we can eliminate
problems in the future.
As a professional applicator I in no way want someone or animal to become sick from
my applications and have spent a great deal of time exploring the best possible and
safest possible options. I graduated from college with a degree in Botany and
Chemistry and have spent many hours combing over MSDS and current scientific
studies to make sure I stay on top of an ever changing industry.
In my professional opinion I would guess that it was the 2,4-d in the herbicide mixture
that caused the adverse reaction from the homeowner. It tends to be the most volatile
and the smell of the 2,4-d has the tendency to be stronger than the Tordon. Tordon
has a very low toxicity rate and is a very stable compound. I would suggest that in
areas where we have home owners that are sensitive that we preclude the use of 2,4-
d. This may reduce the effectiveness of the application on the noxious weeds but will
reduce the chance of having adverse reactions to the herbicides.
I would like to thank you for the opportunity to respond to some of these concerns.
Obviously you have a home owner that cares enough to come forward with concerns
and I truly appreciate that. When we were carrying out the fall application I had quite a
few home owners flag me down and comment how good the roadsides were looking
from the spring application and "the weed problem before was really out of hand." It is
always good to hear from the constituents that we are making a difference to them.
As always if you have any further questions please feel free to call or a-mail.
Sincerely,
Paul Schreiner
Paul Schreiner, Owner Eco-Rx
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: December 18, 2007
SUBJECT: Chamonix Site Master Plan -UPDATE
Staff: Scot Hunn
!. PURPOSE
The Community Development Department Staff wishes to update the Town
Council regarding the progress made with regard to selection of team of
professional land planners, architects, engineers and contractors/developers to
work with the Town of Vail to develop a master plan and site-specific
development alternatives for the Chamonix Site.
II. BACKGROUND
On October 18, 2007, the Town of Vail "Selection Committee", comprised of
citizens and Staff, conducted interviews with five consultant teams after receiving
15 proposals for the project. Following those interviews, the committee chose
three teams with which to conduct further interviews. As well, site visits (to tour
relevant projects by each "finalist" team) were planned. The firms chosen were:
Davis Partnership/GE Johnson (Denver/Edwards, CO)
The Fennell Group/OTAK/White Construction Co. (Colorado Springs,
CO/Portland, OR/Castle Rock, CO)
Stan Clawson Associates/Studio B Architects/Fenton Construction
(Aspen, CO)
On November 8th and 15th, 2007, the committee traveled to Aspen, Castle Rock
and Boulder, to meet with members of each "finalist" team and to specifically
conduct site visits to certain projects (fire stations and/or affordable housing
developments) that were either designed, under construction or completed by
one or more of the team members.
On November 19, 2007, the committee conducted a meeting to select a preferred
team based on several factors including:
• Technical and innovative abilities
• Proposed "approach" to the project and "style" of team
• Relevant experience on the western slope
• Value -cost relative to scope of services provided (product)
• Proximity and availability of team (travel time to Vail)
At this meeting, the committee recommended. that the Town contract with Stan
Clauson Associates, Studio B Archillects, Drexel Barrell Engineering and Fenton
Construction (the "Consultant Team") to aid in the Chamonix Site master plan
project.
On December 11, 2007, Staff held a meeting with the Consultant Team to
discuss terms of a contract for sE~rvices, as well as project scope, process,
timelines and individual tasks to be completed. Also, the Team and Staff
discussed upcoming meetings to be scheduled with the Vail Town Council and
the formation of an Advisory Committee to aid in the planning and design
process.
At this time, the Consultant Team and Staff propose to conduct a "Kick-Off'
meeting with the Council on January 8, 2007. This meeting is proposed to take
place as a work session, and will be conducted to achieve the following:
• Introduce the Consultant Team to the Council and present brief overview
of relevant, regional work by Team (power point presentation)
• Briefly discuss previous master plan efforts for the Chamonix Site
• Discuss and clarify goals, objectives and "parameters" for the current
project
• Establish expectations - roles of Council, Staff and Advisory Committee
• Appoint representatives to tr-e Advisory Committee
III. ACTION REQUIRED
No action is required nor requested at this time.
. ~,.u-
(12/19l2007} Corey Swisher -World cup finish Pale 1
~,.f~~b~- ~S
From: john schofield <schofieldjbsC~yahoo.com>
To: dick Cleveland <dclevelandC~vailgov.com>, andy daly <adaly@vailgov.com>, ...
Date: 12/16/2007 6:31 PM _
Subject: World cup finish
I see that your next meeting includes a discussion about the possibility that the rebuilt Vail village ski base
area may not be sufficient in size to accommodate a world cup finish. As chairman of the PEC during the
approval process for this project I specifically recall being informed by the Vail Resorts Representatives
that the completed project would most assuredly accommodate such events. Had the answer been
otherwise I most defiantly would not have voted for project approval.
If in fact this project cannot accommodate World cup events I would encourage you to require the
redesign of the project to correct this deficiency.
If you have any questions, please feel free to contact me.
Sincerely,
John Schofield
476-6126
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