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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 ,~ ,~ ~ ,t `• ~~''~^ a;;.: Y i 1 , ,~ ~ ~ ~~~ 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 .,,„,f;~ ~~? ~,:~ 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 D as 3 D nnsao ~ ~n,m SOD Y Manor Vail Condominiums IN VAIL, COLORADO 3 r. W November 19, 2007 VOLUME 1- CODE, ARCHITECTURAL Z E H R E N ,~w~ wssoca~s, uvc. ISSUE Y - SDD AMENDMENT Gl-OOR PL4 L-ENFR ~ NOTE_° U ~ .nemY.ull~ O~Yr OeYr~a Yaw Z 9 @ p @ 9 9 rYap Ya ~ n ~ mna ~ Y y~ F~ 6 ~ n inY wmY mY Opt ~uw sJJ ~ d ~ ~ (( M~~~ 22 Q pp pp ~~ Z Q' Q' rtaY rswr.+Y.u ~ ~ ~ a 9 i a nnoNOTEB ®.on..Y•n Yearooerna un p Ym m m r..w L.L ~ p ~~a ~u~w oe~w wocYw.ro $ 6 = i ~~ @ b ®~u ~° oY..o.roYOY. ~ pe W F ~ ®.~Y.,Y~...~..m..YMm ® ma ! I V 7:6 a° ~ ~ 1 ~4 n ~ c~roNn ~ ~~ B¢ ~ m~Yn ~M~Y'.ww+ 4 ®~ n... ~ rt ra u~mi ® ~.ea wroY'uua ~ Y.~~u . ~ o'~°nYaia~im. wvru'1°~e~. ~I D -FLOOR PLAN -ELEV Bt94D -FLOOR PLAN -ELEV Bt94 ~< ~_ CZ L O ZQ O O J l-r~ U ' BUILDING C- teaEro FLOOR PUN - - ~ - - ELEV 8234 w _ _ a~ Ynm wo Y.. - ovmut ismm A1.18 1270E p_dN LEGEND .mesa w.aw ~ ~ ~ ~ wxs p u ®i N B (f a Z F 6p~ ~ ~~ j ~oemec..wnwrwla gg Z < a~! • ®esme eau ic.we Z ... ~ #~E ~.,~~„~~. ,,, jai ~~ a N i:i ~~v~ ~ ~~ ~ m,~ ,~ m m ~I.~,.~e,~. ~@p~p h b f; ~ Z ~O 0 ~~ zp o~ j J_ Q O ~ P b Z <Q ING C- PLAN I A1.19 I ~- e-- a-- a- a- o ~.®,~ .~,~m..... ~ ^A e 0 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. ~i 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 '-.// r~!ri:i.,d~x-'cC~;2Ci aG~•JC'~L~ZG~~ r-~ ~ 1'~~~ L~' ~~~.s'7 ,_ /~ /~j (j, ~~i ~ .d~ ~.~ ~ ~J~~ 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 ...... _ . . ;Eco=Rx Herbicide A,gplication Record ~. 'Name } fr v. rJi z) . ~.:-~,_ Date, CT ,~ J7~ 2.) IIerliicide Name ~....::'>..,, ~<~~., '.Property:address Manufacturer r', ..,.f ~~'? f:, .EPA?Reg. # r •Y-; f . . ( .'A plication":Ra p !e ~ ~-. ~ .Target Specaes ,a. _~/~J~ ,t. r: ~ ~' DilutiodRate >4 ~'I t ~ ~ r , Location (general) J ~ ~.1? ~ !~ ) 3. 'Herbicide Name ' ~.. '. ~~)i a/Ci` :Contact .a: ~'1o.ne.~- • Manufacturer r r sr u L 6fut, Noon End ..W EPA'Reg. # ~ s <~u S'". , ind S /Direction ~ h,~ .peed Ir~-a:r.~ 1 y =r,» t•} tif~. ' ' Temp ~ fl ~' - / ''-a I ~'~ A. t~cation.Rate PP ' , ,.f~ . ~Ii17t1DnRate ~ ""~- Cal'-bratlOn.RatC / r% r`~ £ : Application :T~pe Surfactant Name ~. " ;~ Site Type r~.s~-.> ~,, Y ~ ,. ,.,,, t*, .J .Mauufacturer r;-~ :, , ,., Equipment # _ -'---r ~ :., Application Rate l% r- / /~ . 1;) Heri>icideName 0 r1.°~,.,,...,,. ~DyeUsed .~es~ .No , Manufacturer EPA Rog. #~ ~ ~'~ tr` _;~ r;,, , t r - S1 `.x Start Time ~ ~ t ~~.-, End Time /, ~76:.~r,~l . APpfication Rate : ~.~ : ,~-c. _ '~ c' {' D~7ution Rate__ , r k n= ~9~ . <;.i sic stx~rc >EDa Ena oZ #~ ,oz#a ehx~ o~ s Gam. vex son sutras a~ . ?5me Time S ra S rs Carrie,- S ~ y.~i'~$ r 6`1s.: ~ 4sf` ~1 ~, r r: pec c ,sr - _ t , ~ ,~r•' ~. ^~~IJ I E•`~...~, C:J~rA\ Jet .,. Iy,'-«,~.,, ... ,. .. s.. ,, ~~.~.4-.r. 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 Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.