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HomeMy WebLinkAbout2008-01-08 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JANUARY 8, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) A. Approval of 12.04.07, 12.11.07 & 12.18.07 Town Council Meeting Minutes. 3. ITEM]TOPIC: Town Manager's Report. (20 min.) 6 Introduction of Mark Miller (Fire Chief). • Revenue Update. • $4.3 million Vail Resorts Parking Obligation. • Update on Emergency Traffic Management. 4. George Ruther ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table this appeal to the Town Council's February 5, 2008, public hearing. BACKGROUND RATIONALE: On November 12, 2007, the Planning and Environmental Commission denied the appellant's request for a variance from the setback standards at 2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed an appeal of the Planning and Environmental Commission's decision. Pursuant to Sub-section 12-3-3-C-3, Vail Town Code, "...A hearing shall be schedule to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days..." The appellant has requested a continuance for this appeal. STAFF RECOMMENDATION: Staff recommends the Town Council tables this appeal to its February 5, 2008, public hearing. 5. Nicole Peterson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a request for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC07-0066). (25 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the conditional use permit application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On November 26, 2007 the Planning and Environmental Commission approved, with conditions, a request for a final review of a conditional use permit, pursuant to Section 12-71-1-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 'West Lionshead Circle (Vail Marriott Mountain Resort and Spa), by a vote of 5-0-1 (Viele recused). On December 4, 2007, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's action by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to a concern regarding the temporary loss of two accommodation units within the LMU-1 Zone District. STAFF RECOMMENDATION: Staff recommends the Town Council uphold the Planning and Environmental Commission's approval, with conditions of the conditional use permit. 6. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-713-2A, Definitions (basement or garden level); 12-713-3A, 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 39, Series of 2007, on second reading. BACKGROUND RATIONALE: On December 18, 2007, the Town Council approved Ordinance No. 39, Series of 2007, on first reading by a vote of 7-0-0. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 39, Series of 2007, on second reading. 7. Scot Hunn ITEM/TOPIC: Second 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). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 40, Series of 2007, on second 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. 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. On December 18, 2007, the Vail Town Council voted unanimously to approve Ordinance No. 40, Series of 2007, on first reading. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 40, Series of 2007, on second reading. 8. Warren Campbell ITEM/TOPIC: Second 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 41, Series of 2007, upon second 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 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. 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. On December 18, 2007, the Town Council unanimously voted to approve Ordinance No. 41, Series of 2007, upon first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 41, Series of 2007, on second reading. 9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 42, Series 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 42, Series 2007. BACKGROUND: Effective July 1, 2007, Colorado statute provides that a charge 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 second reading of Ordinance No. 42, Series 2007. 10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second 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, amend or deny second reading of Ordinance No. 43, Series 2007. 11. Matt Mire ITEM/TOPIC: Resolution No. 1, Series of 2008, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2008. BACKGROUND RATIONALE: Pursuant to Section 24-6- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. RECOMMENDATION: Approve Resolution No. 1, Series of 2008. 12. Matt Mire ITEM/TOPIC: Adjournment. (7:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT TBD, TUESDAY, JANUARY 22, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. 1, PUBLIC NOTICE NOTICE CONCERNING A COORDINATED GENERAL ELECTION TOWN OF VAIL, COLORADO NOVEMBER 7, 2000 E 6" 1.0, 0 8 W "44 1 TABOR NOTICE - NOTICE OF ELECTION WHETHER THE TOWN OF VAIL SHOULD BE AUTHORIZED TO COLLECT, KEEP AND EXPEND ALL REVENUES IT RECEIVES FROM ITS PROPERTY TAX LEVY IN 2000 AND EACH YEAR THEREAFTER AS A PROPERTY TAX REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION PROVIDED THAT NOTHING IN THIS QUESTION AUTHORIZES THE TOWN TO INCREASE ITS RATE OF LEVY WITHOUT PRIOR VOTER APPROVAL, AUTHORIZING THE TOWN COUNCIL TO ADOPT ANNUAL BUDGETS AND AMENDMENTS THERETO TO IMPLEMENT THE APPROVAL OF THIS REFERRED MEASURE. NOTICE IS HEREBY GIVEN that at the coordinated general election to be held on Tuesday, November 7, 2000; at the Vail Municipal Building, City Market Building (third floor), and Vail Mountain School, Vail, Colorado, from 7:00 AM to 7:00 PM, there will be submitted to the registered qualified electors of the Town of Vail, Colorado; the following question: QUESTION NO. 2B SHALL THE TOWN OF VAIL BE AUTHORIZED TO ?I COLLECT, KEEP AND EXPEND ALL REVENUES IT y RECEIVES FROM ITS PROPERTY TAX LEVY IN 2000 AND EACH YEAR THEREAFTER AS A PROPERTY TA l?JC} .. TAX REVENUE CHANGE PURSUANT TO ARTICLE X, i 1? 8 ? 17 ? N SECTION 20 OF i nE COLORADO CONSTITUTION PROVIDED THAT NOTHING IN THIS QUESTION ?-, -? AUTHORIZES i tit, TOWN TO INCREASE ITS RATE w I7Mo (IT -rAC-5 OF LEVY WITHOUT PRIOR VOTER APPROVAL? if 4O R 0 L_ Ar _T? YES ScJ;J?7> S Ll l? ,t NO PRO/CON STATEMENTS: The following is a Summary of Statements In Favor: If voters approve the De-Brucing measure, Vail would join 230 other municipalities across the state in which property tax decisions are now being controlled by local jurisdictions rather than an across-the-board state mandate. De-Brucing would allow the town to continue to provide premier services residents and guests have come to expect and would give the Town flexibility in setting its mill levy. Vail's de-Brucing ballot question applies to municipal property taxes only, which represents nine percent of the overall tax bill. By De-Brucing again (Vail voters de-Bruced all other Town Revenues except property tax in 1993 and by a 74% margin) the remaining tax cap would be removed, allowing growth in property tax revenue de-Bruced to be set locally by the Vail CCU Ul $-, (1 aJ ?. V ?I? u?dUb? > r?s? Town Council. However, any increase in Vail's 4.69 mill levy base would require a public (5 tote. 13 )he following is a Summary of Statements In Opposition: Two flaws are present in the.proposal: a) No.evidence the tax will be broken out from )he general fund into an "earmarked" fund; wnicn wouia_ avow on-going scrutinv of this r K? new tax's use; and (b) Tax goes on indefinitely without a sunset" clause (e.g. four <''??? t VS ? tears), which would allow voter re validation at a later date. The tax increase is being (, Lr l v i equested to make up for a shortfall in sales tax revenue. Its a short-term problem; it, is?Fo? )P?\?ot worth revoking the TABOR (Taxpayer Bill of Rights) provisions passed by Colorado voters in the 1990's. If its a long-term problem, the tax increase will only delay some j pt* ` C hard decisions to be made. There was little open discussion and newspaper analysis before placing the proposal on the ballot. I 9 J2 Those persons who are citizens of the United States, eighteen (18) years of age or older, who have been residents of the State of Colorado for thirty (30) days preceding the election and residents of the Town of Vail, Colorado for thirty (30) days preceding the e'?o election, and who have been duly registered with the Town of Vail, shall be entitled to vote at said election r . Those registered qualified electors who are otherwise fully qualified to vote on said ballot issue at said election, but who shall be absent from the Town of Vail on the day of said election, or who shall be unable to attend the polls, may apply in writing at the office of the Eagle County Clerk and Recorder, Eagle, Colorado, for absent voter ballots at any time during regular business hours on or before 5:00 p.m., Friday, November 3, 2000. There will be three election precincts for said Coordinated General Election, the boundaries of which shall be the same as those of the Town and the polling place for which shall be the Vail Municipal Building, City Market Building (third floor) and the Vail Mountain School, Vail, Colorado. The absent voter and walk-in absent voter polling place shall be held at the Eagle County Clerk and Recorder's office in Eagle, Colorado, at 500 Broadway, Eagle, Colorado 81631, telephone # 970-328-8715. I The votes cast shall be counted on electronic (optical scan) equipment and said election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed by law for all such coordinated general elections in " the Town. IN WITNESS WHEREOF, the Town Council has caused this notice to be given. TOWN OF VAIL Lorelei Donaldson Town Clerk PUBLISHED IN THE VAIL TRAIL ON SEPTEMBER 29, OCTOBER 6, 13, 20 & 27, 2000. Vail Town Council Sp iisl Meeting Minutes Tuesday, December 4, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Stephen Connolly suggested Council begin enhanced support of green initiatives. One example, he said, would be to eliminate distribution of bottled water at town meetings. Dave Chapin asked for more "common sense" parking enforcement and described a situation called "looping" in which violators receive a ticket. Paul Rondeau suggested a brochure be available to residents who wish to speak before Council (instructing them on protocol and etiquette). He then asked for more transparency when reporting the town's property and construction use tax revenue. He also asked how a topic became part of Town Council's agenda. Margaret Rogers clarified how a citizen should proceed. Foley entered the Council Chambers at approximately 6:15 p.m. Representing the Vail Chamber & Business Association, Kaye Ferry reported the Colorado Department of Transportation had recently held an informational meeting regarding 1-70 paving mitigation. Cleveland read Proclamation 1, Series of 2007. A proclamation honoring a group of skiers from Montreal, Canada, who have been visiting Vail for 35 years. The second item on the agenda was the Consent Agenda a. Approval of November 6, 13 & 20 Minutes. Foley moved to approve the November 6 minutes with Hitt seconding. The motion passed unanimously, 4-0. (Newbury, Foley, Gordon and Hi*q0ting, the "sitting" Council) Foley then moved to approve the November 13 & 20 meeting minutes with Hitt seconding. The motion passed unanimously, 7-0. b. Lease of town owned properties located at 241 South Frontage Road West, Suite 2 and 100 East Meadow Drive, Unit 2 to Plum TV, Inc. Mire asked Council to make a motion approving and authorizing the Town Manager to execute, on behalf of the town, the lease agreement between Plum TV and Town of Vail in substantially the same form as presented and to take whatever steps are necessary to complete the execution of the lease agreement. Daly moved to approve the lease with Newbury seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of October are expected to be $679,308, up 10.6% from October, 2006. Year-to-date collections of $15.3 million through October continue to exceed last year's year-to-date by 7.2%. For comparison, inflation as measured by the consumer price index was up 3.5% in October compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.5 million through November 27, up 24% from the same period last year. Year-to-date permit fees include $1.8 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade, Forest Place, Four Seasons, Front Door, Landmark, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz-Carlton, Solaris, Vail. Plaza Hotel, Westhaven Condominiums, and the Willows. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Through November 27, 2007, the town has collected a record $981,707 in recreational amenities fees, compared with $117,501 for the full year 2006. Contributing to this year's high revenue number are Cascade Residences, Four Seasons, Mountain View, Ritz-Carlton Residences and The Willows. Recreational amenities fees are applied to new residential square footage and deposited to the Real Estate Transfer Tax Fund to be used for open space, parks, recreation, and environmental sustainability. Year-to-date RETT collections through November 30, 2007, total $5.1 million compared with $5.4 million for the same time period last year, a decrease of approximately six percent. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $1,081,044 or 21 % of the total in 2007 while only $464,500 or 11 % of the total in 2006 consisted of major redevelopment projects. Construction TCO Status. Zemler stated, 'We are working diligently to get the Arrabelle open ...We are in front of everything else to this point ...The Vail Plaza Hotel is looking pretty promising... The loading dock issue is unlikely to be resolved by the time we release a TCO...I know we are pretty close on opening ticket sales and a few of the retail stores (Mountain Plaza, formerly the Front Door)." Update on 1-70 Summer'08 Paving. Zemler stated he would keep Council abreast of any news or happenings. Zemler then announced, 'We will not complete Seibert Circle this winter ...We will finish off the stonework and there will-be some work taking place at times in the vault ...We have another six weeks if not more to get things done there." Rogers said the cost for holiday decorating of the construction site should be charged to the parties responsible for the delay (Wet Design). Hitt clarified that "quiet asphalt" would be used when 1-70 is repaved in 2008. The fourth item on the agenda was the Summer Air Update. Town air representative Kent Meyers of Air Planners provided an update on summer air service to Vail/Eagle County Regional Airport (EGE). Non-stop, full-sized jets fly daily from Dallas, Chicago and Denver and add to the guests' experience with the convenience of direct flights; visitors may also fly direct from major connecting cities, according to Meyers. Flying direct allows EGE guests to bypass time-consuming shuttle services associated with the area's other regional airports. Guests may take advantage of the numerous ground transportation and car rental options available in the terminal, resulting in less hassle and more convenience, allowing faster enjoyment of hiking, cycling, golfing, fishing or any of the other many summer/fall activities of the Vail Valley. EGE is making it even easier for guests to experience more of the Vail Valley by offering daily, non-stop service to Dallas/Ft.Worth in the fall. This means nearly ten months of continuous service into and out of the Vail Valley. Meyers emphasized the success and continued growth in the use of summer air service. Fall flights will take longer to become profitable'and not require a subsidy. The fifth item on the agenda was the First reading of 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 with the Addition of Chapter 8 "Use Tax on Construction and Building Materials. Town Attorney Matt Mire explained the construction use tax ballot question approved by Vail voters on November 6th gave Council the authority to implement a four percent tax on building and construction 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. Hitt clarified the first $10,000 of all projects would be exempted. It was reported the Vail Local Housing Authority (VLHA) recommended no exemptions be made for affordable housing. Hitt moved to approve the ordinance with Rogers seconding. During a pause for public comment, Stephen Connolly asked how the ordinance would apply to duplexes. Mire explained the exemption was based on individual building permits. "The exemption applies equally to everyone in the community." Former Mayor Bob Armour clarified building permit applicants would not be able to avoid the cost of the tax by applying for multiple building permits for a single project. Dominic Mauriello clarified minor amendments to projects would not be subject to the tax. Mire subsequently referred Mauriello to Section 2-8-3 of the Ordinance. "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." Carol Alleman asked for clarification in the method used to determine project valuations. Council . then discussed considerations for potential refunds for deed restricted employee housing. The motion passed unanimously, 7-0. The sixth item on the agenda was the consideration of an amendment to the 2004 Core Site Development Improvement Agreement in regard to housing obligations. Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused himself from the item and left the Council Chambers. Zemler began the discussion by saying, "We are seeing significant improvements in the facilities and services available in LionsHead through the development of Arrabelle...That is certainly in the town's best interest ...The North Day Lot represents new, incremental housing for the community ...It requires they move forward with diligence and they move forward with good faith." Rogers spoke in favor of Vail Resorts pursuing a pay-in-lieu option. Foley asked if the Council Members present in 2004 believed the current situation is how they envisioned the process unfolding. Cleveland responded, "Our issue now is to resolve the problem not talk about how we got here ...It's in nobody's best interest that the Arrabelle stay closed ...This gets us to where we are trying to go...It seems to me the details can be worked out...It seems there needs to be trust on each side ...If all we pursued was pay- in-lieu, we would be putting Vail Resorts burden of housing on the shoulders of the Town of Vail." Newbury interjected, "We can't set them (Vail Resorts) up for failure ...I also think it is important we are not tying our hands." Hitt commented, "if they don't submit by March 30, we cash the letter of credit ...Then we call it a day and we move on and hopefully everyone has learned some lessons from it." Community Development Director George Ruther said it was a realistic expectation that the development review process for a North Day Lot project could be accomplished in eight months. During public comment, Kaye Ferry clarified that any pay-in-lieu option would include a consumer price index adjustment. She then asked, "Why is Ever Vail not an option for housing?" Dave Chapin clarified 120 employee beds were required to fulfill Vail Resorts employee housing requirement for the Arrabelle at Vail Square. Vail Resorts Development Company President Keith Fernandez stated, "Our last desire is that the letter of credit would be the cashed ...We feel confident we can have a plan by March 1...And we think we can live with some of the other dates that have been proposed ...I appreciate all of your efforts and we seek resolution." Representing the Vail Village Homeowners' Association Jim Lamont stated, "I hope this is the beginning of a new beginning and we move smartly on." Tom Neyens commented, "I've appreciated the Arrabelle being closed as my business has prospered ...I know people who own (property) around the North Day Lot and I'm not so sure how that will go over." Packy Walker stated, "Thirty years ago we dropped the ball on housing ...You are going to find this winter to be very telling for this town because there are not going to be any employees to run it." Carol Alleman said, "We have continually ignored the topic of employee housing ...Our whole community is in a crisis ...You can't even get bad people to apply for your jobs ...I think it is totally wrong to let Vail Resorts off on this issue." Dana Johnson requested strict timelines and penalties be imposed on Vail Resorts if they were unable to provide their required housing. Hitt then moved, "to make an amendment to the Core Site Development Improvement Agreement to work with diligence and in good faith to obtain appropriate development application approvals for the North Day Lot no later than October 31, 2008. If appropriate approval is obtained by October 31, 2008, Vail Resorts will commence construction on the North day Lot no later than May 1, 2009. Upon issuance of a TCO for the North ,Day Lot project, the Letter of Credit (LOC) will be returned to Vail Resorts." The motion did not receive a second. Neyens then encouraged Council to support the housing requirement being met somewhere other than the North Day Lot as potential litigation might delay the actual supply of employee housing. Fernandez said, "I'm concerned that we would be taking a lot of alternatives off the table ...I can't understand what would be lost by not having those options... There are some planning issues on North Day that are out of our control." Town legal representative Malcom Murray informed Council, "You can always amend an agreement you have entered into." Council agreed to call a special meeting at 2 p.m. December 11, 2007. Daly moved to continue negotiations with Newbury seconding. Walker expressed concern the proposal would provide no new housing for three to five years. The motion passed 4-2, with Foley and Hitt opposed. The seventh item on agenda was a request from the Town of Vail, for a first reading of Ordinance 33, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain new development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, and Ski Base Recreation 2. Daly moved to approve the ordinance with Rogers seconding. Newbury asked if variances could be granted. Mire stated it was a zoning issue and variances would be difficult. Cleveland spoke in vehement opposition to the ordinance. "I think this is contrary to what government is supposed to do." AIPP Board Member Doe Brown spoke in support of the ordinance and said it would help eliminate developer confusion in regard to public art. Mire and Rogers spoke in support of providing more detail and process for developers. During public comment, Kaye Ferry asked how a PEC denial became a staff recommendation. The motion failed 3-4, with Daily, Gordon and Rogers voting in favor. Council gave direction to staff to explore further public art options with regard to the process in the event public art is agreed upon as a preferred mitigation action. The eighth item on the agenda was the First 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 Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein, Manager of Budgets and Financial Reporting Kathleen Halloran reported the third supplemental appropriation included a $3.6 million increase in revenue and approximately $900,000 in expenses. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the tabling of the 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. Daly moved to table the ordinance until December 18 with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second reading of Ordinance No. 34, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 14 Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District On October 8, 2007, the PEC held a public hearing on a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District (PEC07=0059). Upon review of the request, PEC voted unanimously (5-0-0) to forward a recommendation of approval of the request to amend the Official Zoning Map to the Vail Town Council. On November 20, 2007, the Council voted unanimously to approve Ordinance No. 34, Series of 2007, on first reading. Hitt clarified the employee housing units were intended to be used by Sonnenalp Resort employees. Newbury moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the second reading of Ordinance No. 35, Series of 2007, an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable conditional uses in the Housing (H) District On October 8, 2007, the PEC held a public hearing on the request for a text amendment to the Vail Town Code. Upon consideration of the request, the Commission voted unanimously (5-0-0) to forward a recommendation of approval of the text amendment request to the Vail Town Council. On November 20, 2007, Council voted unanimously to approve Ordinance No. 35, Series of 2007, on first reading, with suggested revisions to the text amendment. Staff has made the requested revisions to the text and presents the Ordinance for second reading. Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was the second reading of Mill Levy Certification, Ordinance No. 36, Series of 2007. Gordon moved to approve the mill levy certification with Rogers seconding. Daly clarified if Council chose to reduce the mill levy for one year, it would be very difficult to reestablish the mill levy in future years. Mire stated that outside legal counsel and the Department of Local Affairs had been consulted as well, and both sources agreed that once the mill levy is reduced, the town would not be able to increase it back to the original levy without a vote of the people. Gordon emphasized a reduction would mean a very minimal reduction in the town's portion of residents' tax bills. Rogers proposed the additional funds be deposited into a "rainy day fund." Hitt clarified the town mill levy accounted for 9.5% percent of his constituents' tax bill and inquired about other property tax recipients. Judy Camp identified the school district as receiving approximately 39% of a Vail property owner's tax bill and the county at 17%. During a pause for public comment, Joe Staufer said it was unethical to not reduce the mill levy as the recently passed construction use tax was intended to supplement property tax revenue. Packy Walker encouraged marketing the town better as opposed to collecting more tax revenue. Tommy Neyens asked council to be responsible with their spending. Mire clarified it is illegal to increase property taxes and would be a violation of state law; the increase in residents' tax bills is due to increased property valuations. Newbury qualified the town's assessed values actually dropped in 2004. During public comment, Dana Johnson said her tax bill would double. Kaye Ferry, referring to the assessment ratio applied to various types of property, reminded Council it was a three to one ratio for businesses. Representing the Vail Village Homeowners' Association, Jim Lamont said he would err on the side of keeping the public's trust in place. The motion failed 1-6, with Gordon in favor. Cleveland proposed the option of forgoing the abatement portion of the town's levy as a good faith gesture. The town is legally able to do this without losing future opportunity to collect abatements. Rogers moved to pass the ordinance with a zero abatement levy with Newbury seconding. The motion passed 6-1, Gordon opposed. The thirteenth item on the agenda was adjournment. Newbury moved to adjourn with Hitt seconding at approximately 9:45 p.m. The motion passed unanimously, 1-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Special Meeting Minutes Tuesday, December 11, 2007 2:00 P.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 2:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kevin Foley Kim Newbury Margaret Rogers 1 Not Present: Farrow Hitt Mark Gordon Staff Members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was an Executive Session, pursuant to 1) C.R.S. §24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Satisfaction of Vail Resorts Development Company housing obligation. Newbury moved to adjourn to Executive Session with Rogers seconding. The motion passed 4-1, with Foley opposed. No decisions were made. The second item on the agenda was a proposed amendment to the Core Site Development Agreement as it relates to the employee housing obligation. Council was asked to consider a proposed amendment to the core site development (Arrabelle at Vail Square) agreement as it relates to employee housing requirements. Vail Resorts Chief Executive Officer Rob Katz stated, "Vail Resorts and the Town of Vail are in alignment around the goals to increase the amount of employee housing in the Town of Vail ...The commitments we made are ones we will keep and honor and we are not looking away from that ...The only issue that I would want to raise is in regard to location." He then raised concerns about potential appeals and litigation from residents (surrounding the North Day Lot) which would be out the hands of Vail Resorts. "Our letter of credit would need to remain outstanding until any litigation would be decided." Katz then confirmed Council was not interested in pursuing a Timber Ridge project in relation to Vail Resorts fulfilling their employee housing requirements for the Arrabelle at Square. Newbury said, "No one on Council said it was Vail Resorts responsibility to redevelop Timber Ridge." Daly commented, "It is likely we will step back and do a master plan on Timber Ridge that reflects the long term housing needs of the community." While discussing locating employee housing on, the North Day Lot Katz noted, "Approval in LionsHead will be difficult and lengthy to address." He then announced there was a potential, opportunity to place employee housing on the parcel referred to as Solar Vail in conjunction with an existing project. Without running into neighbor or lots of other potential conflicts. 'Why should we be tied down to one of the complex and divisive locations in Vail," Katz continued. Newbury suggested Vail Resorts consider submitting a proposal for the North Day Lot that complies with zoning and not request excessive variances that would motivate angst from adjacent property owner. "Use by right makes it much more difficult for the neighbors litigate. Ruther clarified employee housing was a use by right on North Day Lot parcel. "As is transit as it is noted in the LionsHead Master Plan." Newbury clarified the original core site development agreement contemplated all of the housing lost due to redevelopment would be replaced. Foley said he full supported the housing being located in LionsHead. Katz exclaimed, "I'm disappointed in this direction... Its something the community doesn't want, and we'll be in the middle of this battle." During a pause for public comment, Steve Maroney said they (Vail Resorts) had not offered any viable alternative locations for the employee housing to be located. Rogers clarified the amendment to the development improvement agreement would be binding to any successor to Vail Resort (In the event the corporation would be acquired by another). Tom Neyens spoke in favor of generating more beds. We should have had housirig right now as per the original agreement... The whole idea is getting beds as soon as possible... Take your time. We'll (LionsHead business operators) survive if the Arrabelle doesn't open. Kaye Ferry said employee housing is an essential thing to do and it needs to happen in the Town of Vail. "I don't know if the best use of land is in the core.of LionsHead... Which ever option gets us there faster is what we are looking for...We can't just wait another four or five years to get something done." Former Vail Mayor Bob Armour clarified, "If we follow existing zoning we do not have to fear litigation on the North Day Lot." Cleveland concluded the discussion by explaining Council was open to taking any application and reviewing it fairly. Katz asked if Vail Resorts could approach the Council with conceptual ideas prior to bringing a proposal to the PEC. Council agreed it would be appropriate; however recommendations on matters of bulk, mass, density would be required from the PEC. Daly moved to approve Resolution 29, Series of 2007 with Rogers seconding. The motion passed, 4-1, with Foley opposed. Resolution #29 formalizes a set of conditions: • Vail Associates will post an irrevocable letter of credit (LOC) in the amount of $17,345,789, in a form satisfactory to the town. Upon posting of the LOC the Core Employee Housing Requirements will no longer act as a roadblock to the issuance of a temporary certificate of occupancy for the Arrabelle Project. Vail Associates will submit to the town, by February 25, 2008, a complete development review application for a project or projects in town, which include at least 120 newly constructed employee housing beds to comply with the Core Employee Housing Requirements. • Vail Associates or a third party obtain approval of a development review application for the North Day Lot or alternate site by November 5, 2008 and the town will work in good faith to provide any approvals by such date for a timely filed application, all in accordance with the review standards. • Vail Associates or a third party developer will obtain a building permit for the construction of the North Day Lot or alternative project and shall begin construction of 'a North Day Lot or an alternative project no later than May 1, 2009. A "breach" or default" by Vail Associates under this agreement is: (a) the failure of Vail Associates no later than November 5, 2008, to obtain from the town a complete development review approval for the North Day Lot or alternative Project; (b) the failure of Vail Associates, by no later than November 5, 2008, to obtain from the Colorado Department of Transportation (CDOT), if necessary, all necessary approvals by CDOT for the North Day Lot or alternative project; (c) the failure of Vail Associates to obtain a building permit for the construction of the North Day Lot or alternative project and shall begin construction of the North Day Lot or alternative project on or before May 1, 2009 (unless this date is extended) or (d) any failure by Vail Associates to actively pursue construction of the North Day Lot and/or alternative project pursuant to a building permit for the construction of the North Day lot or alternative project once construction has commenced. The formal documents have yet to be finalized. --Adjournment. Newbury moved to adjourn with Foley seconding. The motion passed unanimously, 5-0. Dick Cleveland,, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Special Meeting Minutes Tuesday, December 18, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Staff Members: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was a Rod Slifer Recognition. Council and Town Manager Stan Zemler acknowledged the service and dedication of former Vail Mayor Rod Slifer by presenting him with a ceremonial gavel. The second item on the agenda was, a Battle Mountain High School Cross Country State Championship Recognition. Council acknowledged the recent state championship for the second year in a row received by the Battle Mountain High School Cross Country team. The third item on the agenda was Citizen Participation. Contractor Mike Dantas requested parking relief at construction sites in Vail's outlying areas. Daly said the issue had been discussed earlier in the work session. Zemler said he would consult with staff to inquire about possible options. Newbury said she did not want construction vehicles to be directed toward neighborhood parks as a parking option. The fourth item on the agenda was the Consent Agenda. • Annual appointment of newspaper of record for Town of Vail publications and notices for 2008. The town annually establishes a newspaper of record for all public notices. Town staff recommends accepting the bid from Eagle Summit Publishers, owner of the qualifying newspapers in Eagle County, including the Vail Daily. Election Commission Appointments for the Town of Vail. 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 she 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. The two recommended commissioners were Vi Brown and Summer Holm. Newbury moved to approve the consent agenda with Hitt seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was the Town Manager's Report. • Wildlife Ordinance Update. Police Chief Dwight Henninger reported that since April 15 residential households with curbside pickup have been required to use a wildlife-resistant trash container. Also, commercial establishments, multi-family properties and construction sites have been required to use wildlife-proof containers or an approved enclosure since Aug. 1. A community awareness campaign has contributed to a significant amount of voluntary compliance, according to Chief Henninger, while offenders have been met with increased enforcement at the direction of the Town Council. To date, 432 warnings have been issued compared to 135 in 2006; and there have been 86 summonses this year compared to 40 issued in 2006, which was a deadly year for bears in Vail. That was when two bears who had been entering homes for their food were euthanized, causing the Town Council to work with the community to explore stricter ways to regulate the disposal of trash. Police statistics are already beginning to illustrate the impact of the new trash removal requirements on bear behavior, according to Henninger. There was an 18.7 percent decrease in bear activity Thursday through Saturday and a 70 percent decrease during the daytime hours when compared to 2006. Henninger theorizes the patterns changed when easy garbage meals found in previous seasons were not readily available. In addition, while the majority of the berry crops in the state failed this year, the local crop was partially viable, which caused bears to spend the bulk of their foraging hours in their natural environment. The bears came into the neighborhoods more often at night to attempt to feed when fewer humans were present, he said. Henninger said residents must remember to.keep their containers latched year-round as required to prevent raccoons, birds and other wildlife from accessing trash. The department is recommending continuation of aggressive enforcement efforts in 2008 in the hopes of contributing to a second successful bear season. Henninger then thanked Detective Ryan Milibern for his work researching and promoting the wildlife ordinance. The sixth item on the agenda was Appointments to the Commission on Special Events (CSE), Vail Local Marketing District Advisory Council (VLMDAC), Design Review Board (DRB),.and Planning & Environmental Commission (PEC). Earlier in the day Council interviewed applicants for the board openings. Newbury moved and Daly seconded the appointment of the following: CSE: Bobby Bank, Rayla Kundolf, Robert McKown and Scott Stoughton; VLMDAC: John Dawsey, John Monson, Laurie. Mullen and Peter Hayda; DRB: Elisabeth Plante; and PEC: Susie Tjossem. The motion passed unanimously, 7-0. The seventh item on the agenda was discussion & direction in regard to Open/Hillwood (OH) proposal to redevelop the LionsHead Parking Structure. In introducing the item, Town Manager Stan Zemler noted the LionsHead parking structure redevelopment agreement with Open/Hillwood had provided for a 60-day period in which a companion proposal for redevelopment of Timber Ridge would be evaluated by the Town Council. Now that the 60-day period has ended, Zemler suggested the Council had three options: 1) reject the proposal; 2) extend the review period to address unanswered questions; or 3) initiate a letter of intent to advance the proposal. During discussion by the Council, Rogers received clarification that if the parking structure is not redeveloped OH could continue to pursue redevelopment of Timber Ridge as a stand-alone project. OH representative Mark Masinter presented an aggressive timeline that would be used to start construction by April 2009. 'We need to pursue this project now to meet the proposed time line ...We can come up with a room configuration everyone can agree to," he said. The redevelopment concept proposed by OH includes the sale of two-thirds of the property for $13.2 million and the construction of 1,300 beds to be built around structured parking. Rogers asked if the Timber Ridge parcel had been appraised. "I'd like to know what that land is worth before we sell it." Masinter confirmed the property would have to be owned by OH to be redeveloped. 'The economics just.aren't there otherwise." A' Lincoln Properties representative explained the price structure of constructing structures at various heights (stories). "Structured parking adds $40 per square foot but it offsets the land cost ...It's the cheapest construction cost for the best density." Daly asked about the project design'and how the proposed layout had come about. Masinter explained OH had discussed the design and layouts with the future users of the leased units. Zemler asked for a much more detailed pro-forma before the town could proceed. Gordon confirmed the property would remain deed restricted. However, the town can not control what rent would be charged. He then asked for assurance the property would remain deed restricted workforce housing in perpetuity. Masinter said OH would be open to allowing the town to retain a small percentage interest in the property in order to maintain rents. Foley said he was not comfortable selling town land. Rogers said a master plan needed to be developed for the property. "I'm not comfortable agreeing to a letter of intent on Timber Ridge until we have the data to ensure this is the best use for the land." Cleveland asked for a very detailed pro- forma. "I need to understand why this makes sense." During public comment, Kaye Ferry said, "I will always oppose the sale of Town of Vail land ...I will always support some type of dormitory housing in this project ...I don't believe a legitimate RFP was ever issued for this project ...I don't think we've ever had an open process." Representing the Vail Village Homeowners Association, Jim Lamont commented, 'We need to be careful because we are going to be stuck with this project for a long time." Rogers moved to contract to have a master plan performed and make a determination about highest and best use for the property along with determining the actual value of the property, with Daly seconding. Rogers continued, "I'm not convinced stick-built four-story housing is the best use." The motion was defeated 2-4, with Daly and Rogers voting in favor. Cleveland commented, "Let's get a pro-forma and then we can make a decision." Newbury emphasized, "As long as there is a deed restriction on it the Vail Housing Authority does not care who owns the property." Newbury moved to table the item until January 22 with Foley seconding. The motion passed 6-1, with Rogers opposed. The eighth item on the agenda was the Second reading of 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 with the Addition of Chapter 8 "Use Tax on Construction and Building Materials." Mire explained the construction use tax ballot question approved by Vail voters on November 6`h gives Town Council the authority to implement a four percent tax on building and construction materials consumed or used in the town. 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. Former Vail Mail Mayor Bob Armour spoke in support of the ordinance. Gordon moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The ninth item on the agenda was the owners of two deed restricted Employee Housing Units (EHU) located at 201 Gore Creek Drive (the Bell Tower building) have requested 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). Housing Coordinator Nina Timm informed Council it was the desire of the Bell Tower EHU 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. The applicant, Dean McFarland, thanked the Community Development staff for their help in understanding the issues. McFarland reported the Altair unit was purchased for approximately $420,000. Rogers expressed concern the new net value to the owner of the Bell Tower unit with the addition of the EHU square footage would be roughly $1,500,000. Representing the applicant, Dominic Mauriello reasoned the additional square footage would be worth $2,000 per square foot as opposed to $2,600. Anne Gunion of VAG Architects clarified the actual square footage of the current EHUs and further elaborated upon the soft costs of remodeling the EHUs. During public comment, Kaye Ferry spoke in opposition saying the proposal was inequitable given the high land values in Vail Village. Hermann Staufer and Axel Wilhelmsen spoke in support of the proposal. Daly thanked McFarland for his presentation. "I believe this proposal does represent a gesture of good will ...I think what has been proposed is very consistent with what the town is trying to do." The Community Development Department recommended Council approve 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 $178,650 to a qualified employee on the existing Town of Vail. master resale lottery list. Daly moved to approve the request with Newbury seconding. The motion passed 5-2, with Gordon and Foley opposed. The tenth item on the agenda was 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); 12-7B-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."Ruther explained on December 10, 2007, the PEC 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." Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval for the requested amendments. Gordon moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eleventh item on the agenda was the 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 5ch Filing (PEC07-0038). Town Planner Scot Hunn reported that on November 26, 2007, the PEC 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 proposed to add a fourth 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 PEC voted 5-0-1 (Pierce recused) to forward a recommendation of approval, with conditions, of the request to amend SDD No. 17, Rams-Horn Lodge Condominiums, to Council. Representing the applicant, Rick Pylman and Diane Milligan explained how the proposed valet parking service would function. Milligan then explained most of the hotel's guests are destination skiers and arrive via transit. Newbury said, "I think this is a good plan and it will benefit the neighborhood." Foley moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was the First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing SDD 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. On December 10, 2007, the PEC 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 dwelling units by one by combining two units into a single unit, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation of approval of the request to amend SDD No. 38, Manor Vail, to Council. Foley moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The thirteenth item on the agenda was the First reading of Ordinance No. 42, Series 2007. An Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal Injury to Property, Larceny, Fraud and Related Offenses. Town Attorney Matt Mire explained that effective. July 1, 2007, Colorado statute provides that a charge 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. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was the First reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions; and Setting Forth Details. Mire explained 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. Council directed Mire to better clarify the prohibition against looping (leaving the parking structure and returning every 90 minutes to avoid paying to park). Newbury moved to approve the ordinance with Gordon seconding. The motion passed, unanimously, 7-0. The fifteenth item on the agenda was the 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 Town Planner Rachel Fried stated that on October 8, 2007, the PEC made a recommendation to Council of approval, with modifications. The PEC worked through the text amendments and came up with compromises on the text amendments now proposed in the ordinance. On November 20, 2007, 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. Council also requested staff draft regulations for a leasing program of town-owned property to be used for outdoor display of retail goods. The leasing program was 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. Representing the Vail Chamber and Business Association Kaye Ferry suggested Council table the item until January 8, 2008. This was to allow local business owners more opportunity to review the ordinance. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7-0. The sixteenth item on the agenda was the Second 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 Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 budget for the Town of Vail, Colorado. Budget and Financial Reporting Manager Kathleen Halloran reported the budget was being adjusted to include an additional $3.6 million in revenue and $928,000 in expenses. Daly moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The seventeenth item on the agenda was Council Comments on the 2007 Vail Ski Area Improvements Project. Daly asked Vail Resorts representative Tom Allender how many employees the proposed improvements would generate. Allender replied that most of the projects would be developed over the next two to ten years so placing an employee generation number at any given time would be spotty at best. Foley expressed concern the proposed restaurant would take sales tax dollars away from the town. Cleveland clarified the "manage to" number would remain at 19,900 skiers per day at any one time on Vail Mountain. Daly explained a Golden Peak expansion would be an unlikely site for a World Cup race but would facilitate FIS sanctioned junior and senior level races. Daly encouraged Council to voice support for the Golden Peak race expansion. Allender concluded, "It is our goal to keep Vail the No. 1 ski mountain in the world." --Adjournment Daly moved to adjourn with Foley seconding at approximately 10:45 p.m. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: January 8, 2008 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07- 0036) Appellants: Eddie D. Williams, represented by Bill Hein Planner: Bill Gibson 1. SUBJECT PROPERTY The subject property is located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13. II. STANDING OF APPELLANT As property owner, the appellant has standing to file an appeal of the Planning and Environmental Commission's action. Ill. REQUIRED ACTION The appellant is requesting that the Town Council table this appeal to its February 5, 2008, public hearing. IV. BACKGROUND On November 12, 2007, the Planning and Environmental Commission denied the appellant's request for a variance from the setback standards at 2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed an appeal of the Planning and Environmental Commission's decision. Pursuant to Sub-section 12-3-3-C-3, Vail Town Code, "...A hearing shall be schedule to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days... " The appellant has requested a continuance for this appeal. 1 VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council tables this appeal to its February 5, 2008, public hearing. Should the Vail Town Council choose to table this appeal, Staff recommends the Council approves the following motion: "The Vail Town Council tables the appeal of the Planning and Environmental Commission's denial of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto, to its February 5, 2008, public hearing to allow the parties additional time to obtain information." 2 MEMORANDUM TO: Town Council FROM: Community Development Department Date: January 8, 2007 Subject: Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-sections 12-713-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first- floor or street level); 12-71-1-2A, Definitions (basement or garden level); 12-71-1-3a, 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 - 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 39, Series of 2007, for proposed text amendments to Section 12-2-2, Definitions, and Sub-Sections 12-713-2A, Definitions (basement or garden level); 12-76-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-71-1-3A, 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. 11. 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 12-713- 2A, Definitions (basement or garden level); 12-78-3A, Definitions (first-floor or street level); 12-71-1-2A, Definitions (basement or garden level); 12-71-1-3a, 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. On December 18, 2007, the Town Council approved Ordinance No. 39, Series of 2007, on first reading by a vote of 7-0-0. Ordinance No. 39, Series of 2007, has been attached for review (Attachment A). 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 second reading to amend Section 12-2-2, Definitions, and Sub-sections 12-713-2A, Definitions (basement or garden level); 12-713-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-71-1-3a, 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 Department recommends the Town Council pass the following motion: "The Town 'Council approves, on second 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 Department recommends the Town Council makes the following findings: "I. 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 3 Vail Town Council Attachment A ORDINANCE NO. 39 SERIES 2007 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SUB- SECTIONS 12-713-2A, DEFINITIONS (BASEMENT OR GARDEN LEVEL); 12- 7E-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: Ordinance No. 39, Series of 2007, second 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 striskeP, 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, may be 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. Section 2. Article12-713, Commercial Core 1, of Vail Town Code (in part) is hereby amended as follows (text that is to be deleted is str-iskera, text that is to be added is bold, and Sections of text that are not amended may be omitted): 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition.- The 'basement" or-'?gaFden level" shag be define ac that floor- of a bo4din B 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. Variety stores. Yardage and dry goods stores. 2. Personal services and repair shops, including the following: Beauty and barber shops. 2 Ordinance No. 39, Series of 2007, second reading 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 B 1 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. 7. Lodges. 8. Type IV employee housing units, as further regulated by chapter 13 of this title. G 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: T efinition.- The '*st floer'-' '!sf et level" shall be define ac tat floor- of the b0din that is 10Gated at gr-ade or-street leve?. 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. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. 3 Ordinance No. 39, Series of 2007, second reading 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 B 1 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 above -gFade 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. 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. 4 Ordinance No. 39, Series of 2007, second reading 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 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 above -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 Ill employee housing units (EHU) as provided in chapter 13 of this title. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. Type IV employee housing units, as further regulated by chapter 13 of this title. B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above , 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. 5 Ordinance No. 39, Series of 2007, second reading 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 B 1 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. 8. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. Section 3. Article12-71-1, Lionshead Mixed Use 1, of Vail Town Code (in part) is hereby amended as follows (text that is to be deleted is s#-dsken, 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: A. Definition: T?asen4ent" OF'VaFden level" shall be definer) as, 4 that is entire4e or- substangally below gFade. 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. 6 Ordinance No. 39, Series of 2007, second 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. C. 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: Ilefinition.- The '*St fGGF" OF '?strnnt !n!h 1! h d fld- that a-s #90F of the b0ding that iS IGGated at grade eF -street (_9, along a pedestrian;??)? 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 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. 7 Ordinance No. 39, Series of 2007, second 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). 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 stFieken, 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: A. Definition.- The 'basement" Gr'lgaF en level" °h # be r!r'fino.I + 6- 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 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 III (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: n n rr rr Ordinance No. 39, Series of 2007, second 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 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. 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. 9 Ordinance No. 39, Series of 2007, second reading 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 8th day of January, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 10 Ordinance No. 39, Series of 2007, second reading r- MEMORANDUM TO: Town Council FROM: Community Development Department DATE: January 8, 2008 SUBJECT: Second 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 to allow for 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) Applicant: Rams-Horn Lodge Condominiums Home Owners Association, represented by Pylman & Associates, Inc. Planner: Scot Hunn 1. SUMMARY The Applicant, Rams-Horn Lodge Condominiums Home Owners Association, represented by Pylman & Associates, Inc., requests second 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). II. BACKGROUND On November 26, 2007, the Town of Vail 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. Specifically, the Applicant proposes this amendment to allow for the addition of a forth story to the existing three story building, and to allow for the comprehensive remodel of the entire property. Expansion of the building will allow for a corresponding increase in the number of dwelling units from fourteen (14) to sixteen (16), as well as an increase in the number of attached accommodation units from twenty-one (21) to twenty-four (24). The remodel is also 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. On December 18, 2007, the Vail Town Council voted unanimously to approve Ordinance No. 40, Series of 2007, on first reading. IV Since first reading by the Council, additional information has been collected which effect previously recommended conditions of approval. Staff recommends the following substantive changes be made to the ordinance in order to clarify and correct conditions of approval. Text deletions are shown in 6tFikeethreu9h font; proposed text is shown in bold: "The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy: 9. The Developer shall prepare a Rams-Horn Lodae Condominiums Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a Temporary Certificate of Occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the funding f,,. a inimu of_ta sepaFat the proposed location, conceptual design, budget and funding for a minimum of one (1) public art improvement public art improvements to be developed in conjunction with the Rams-Horn Lodge Condominium project. 10. The Developer shall be assessed an impact fee of $6,508 $26,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department, as esf to QGGt Hupp, and dated oyemher 49, 7007- (attachment n of the November 76 200T, memerandum to the Town of Va# P4anning an E-nvironmental Commission). Said impact fee shall be paid in full prior to issuance of a Temporary Certificate of Occupancy for the project. In summary, condition number ten has been revised to reflect a re-calculation of the traffic impact fee by the Town Engineer. This figure was re-calculated after Staff had drafted the first reading of Ordinance No. 40, Series 2007, to more accurately reflect the number of peak hour trips generated by the increase in density for the project. Also, condition number nine was revised due to feedback and direction given to the Applicant by the Art In Public Places Board; Staff was in error in drafting the condition for the first reading of Ordinance No. 40, Series 2007. Specifically, prior to drafting the Ordinance, the AIPP Board agreed with the Applicant during a public meeting that one public art project shall be incorporated into a proposed site wall running along the south side of the project, and visible from the public way (sidewalk along Vail Valley Drive) and that no further "requirement" for public art will be necessary or appropriate for the site. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 40, Series of 2007, on second reading, 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 to allow for 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, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in the November 26, 2007, Staff memorandum to the. Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 40, Series of 2007, on second reading, the Community Development Department recommends the Town Council makes the following findings: "The Town Council finds that the applicant has demonstrated to the satisfaction of the Council, based upon the evidence and testimony presented: That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, based upon the review outlined in Section V111 of the Staffs November 26, 2007, memorandum to the Planning and Environmental Commission; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in Section Vlll of the Staff's November 26, 2007, memorandum to the Planning and Environmental Commission; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vlll of the Staffs November 26, 2007, memorandum to the Planning and Environmental Commission." IV. ACTION REQUIRED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 40, Series of 2007, upon second reading. V. ATTACHMENTS A. Ordinance 40, Series of 2007 (as revised) ORDINANCE NO. 40 SERIES OF 2007 AN ORDINANCE AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR SDD NO. 17, RAMS-HORN LODGE CONDOMINIUMS, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE RE-DEVELOPMENT OF THE RAMS-HORN LODGE CONDOMINIUMS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish the Development Plan for the "Rams-Horn Lodge Condominiums", located within certain parcels of property with the Town known as Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5th Filing and part of vacated Hanson Ranch Road right-of-way known as Parcel RH, to allow for the construction of the proposed addition and remodel to the existing property; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the Town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the Developer agrees to complete certain off-site improvements as public benefits including, but not limited to, a paved sidewalk connection and associated streetscape and landscape improvements generally along the east side of Vail Valley Drive; and WHEREAS, the Developer agrees to prepare a Rams-Horn Lodge Condominiums Art in Public Places Plan, inclusive of details for public art to be integrated into an approved site wall along the south property line of Lot A, Block 3, Vail Village 5th Filing, for input and comment by the Town of Vail Art in Public Places Board; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and Ordinance No. 40, Series of 2007 WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 17, "Rams-Horn Lodge Condominiums". NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Amended and Re-established Special Development District No. 17, Rams-Horn Lodge Condominiums, is established for development on three parcels of land, legally described as Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5th Filing and part of vacated Hanson Ranch Road right-of-way known as Parcel RH, which comprise a total of 33,559 square feet (0.77 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 17". Special Development District No. 17 shall continue to be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall remain Public Accommodation (PA) District. Section 2. 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. 17, Rams-Horn Lodge Condominiums, 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 Ordinance No. 40, Series of 2007 2 V Development District No. 17, Rams-Horn Lodge Condominiums, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Fritzlen Pierce Architects, entitled "Rams-Horn Lodae", dated November 26, 2007. Section 3. Development Standards 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 the development of Special Development District No. 17, Rams-Horn Lodge Condominiums. The development standards for Special Development District No. 17, Rams-Horn Lodge Condominiums are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 17, Rams- Horn Lodge Condominiums, shall be those uses listed in Sections 12-7A-2, 12-7A-3, and 12-7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall be 33,559 square feet (0.77 acres). C. Setbacks: The minimum setbacks for Special Development District No. 17, Rams-Horn Lodge Condominiums, shall be as indicated on the Rams-Horn Lodge Condominiums Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 17, Rams-Horn Lodge Condominiums shall be fifty-six feet (56'), and as indicated on the Rams-Horn Lodge Condominiums Approved Ordinance No. 40, Series of 2007 3 1 Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 17, Rams-Horn Lodge Condominiums shall be 44,040 square feet, pursuant to Section 12-7-8, Density Control, Vail Town Code; and the maximum allowable density shall be sixteen (16) dwelling units, twenty-four (24) attached accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Rams-Horn Lodge Condominiums Approved Development Plan, dated November 26, 2007. F. Site Coverage: The maximum allowable site coverage shall be thirty-two percent (32.%) of the total lot area, or 10,723 square feet, and as indicated on the Rams-Horn Lodge Condominium Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least thirty percent (30%) or 10,062 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 Rams-Horn Lodge Condominiums Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be thirty-seven (37) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Rams-Horn Lodge Condominium Approved Development Plan, described in Section 2 herein. Ordinance No. 40, Series of 2007 4 Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No 17, Rams-Horn Lodge Condominiums. The Developer shall address the following conditions of approval prior to submitting a building permit application (grading permit/excavation permit shall constitute a building permit): 1. The Developer shall submit a final exterior building materials list, typical wall sections, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submitting a building permit application to the Town of Vail Community Development Department. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to submitting a building permit application to the Town of Vail Community Development Department. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 3. The Developer shall submit a Construction Staging plan for Town review and approval prior to, or concurrent with, submittal of a building permit application to the Town of Vail Community Development Department. The plan will satisfactorily demonstrate compliance with any and all staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. 4. 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. The Developer shall submit a written letter of approval from the utility companies permitting encroachments into any and all platted utility easements prior to submitting a building permit application to the Community Development Department. Ordinance No. 40, Series of 2007 5 The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy: 1. The Developer shall pay in full, the employee mitigation housing fee in lieu, in the amount of $111,462 prior to the issuance of the building permit for Rams-Horn Lodge Condominiums. 2. The Developer shall provide a 5 foot-wide, non-heated concrete pedestrian walkway along the east side of Vail Valley Drive, commencing approximately at the point at which the 8,185' contour elevation mark intersects with the existing pedestrian walkway, according to the topographic survey map for Lot A, Block 3, Vail Village 5th Filing and part of Tract F-1, Vail Village 5th Filing, created by Intermountain Engineering, dated May 4, 2005, and as shown on sheet A100, Vicinity Map, on plans by Fritzlen Pierce Architects, dated November 26, 2007; and extending northward across that portion of vacated Hanson Ranch Road adjacent to and to the north of Lot A, Block 3, Vail Village 5th Filing, for a total distance of approximately eighty (80') feet. (All work related to providing these improvements including street lights, retaining walls, utility relocation, curb and gutter, drainage and landscaping shall be included within a plan, which is to be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit application). 3. The Developer shall submit a tree protection plan prepared by a Certified Consulting Arborist to the Design Review Board for review and approval prior to final approval by the Board of the proposed project. Upon acceptance of the tree protection by the Design Review Board, the Developer shall submit a written agreement between the applicants and their contractor, to the Town of Vail Community Development, stating that all mitigation measures recommended by the Certified Consulting Arborist will be implemented and strictly adhered to by the applicants and their contractors throughout the duration of the construction process. The written agreement shall be approved and accepted prior to the issuance of a building permit for this project. Ordinance No. 40, Series of 2007 6 4. The Developer shall address any and all written final comments of the Town of Vail Public Works Department outlined in the memorandum to Scot Hunn, dated November 19, 2007, prior to the issuance of a building permit for this project. 5. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of one (1) employee on the Rams-Horn Lodge Condominiums 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 Rams-Horn Lodge Condominiums. The required Type III deed-restricted employee housing unit shall not be eligible for resale and the unit shall be owned and operated by the Lodge and said ownership shall transfer with the deed to the Lodge property. 6. The Developer shall submit a comprehensive sign program proposal for the Rams- Horn Lodge Condominiums for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the project. 7. The Developer shall post a bond to provide financial security for 150% 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 for the project. 8. 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 for the project. 9. The Developer shall prepare a Rams-Horn Lodge Condominiums Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a Temporary Certificate of Occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the proposed location, conceptual design, budget and funding for a Ordinance No. 40, Series of 2007 7' minimum of one.(1) public art improvement to be developed in conjunction with the Rams-Horn Lodge Condominium project. 10. The Developer shall be assessed an impact fee of $26,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department. Said impact fee shall be paid in full prior to issuance of a Temporary Certificate of Occupancy for the project. 11. That the Developer shall commence initial construction of the Rams-Horn Lodge Condominiums within three (3) years from the time of its final approval at second reading of the ordinance amending and re-establishing Special Development District No. 17, 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 of 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 following the procedures outlined in Section 12-9A-4, Vail Town Code. 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 Vail 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 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 Ordinance No. 40, Series of 2007 $ 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. 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 Ordinance No. 40, Series of 2007 9 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 40, Series of 2007 10 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: January 8, 2008 SUBJECT: Second 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 1. DESCRIPTION OF THE REQUEST Second 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 second 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. 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 the nine design criteria outlined in Section 12- 9A-8 of the Vail Town Code. Furthermore, the applicant has ,a 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 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 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 that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." On December 18, 2007, the Council unanimously voted to approve Ordinance No. 41, Series of 2007, upon first reading. III. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 41, Series of 2007, upon second reading. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 41, Series of 2007, on second reading. V. ATTACHMENTS A. Ordinance 41, Series of 2007 2 J 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, 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: Section 1. District Established Special Development District No. 38, Manor Vail Lodge, is established for development Ordinance No. 41, Series 2007 Attachment A 1! 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 Standards 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 the development of Special Development District No. 38, Manor Vail Lodge. The development standards for Special Development District No. 38, Manor Vail Lodge are Ordinance No. 41, Series 2007 2 r 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 12-61-1-2, 12-6H- 3, and 12-61-1-4 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 one hundred thirty-eight (138) dwelling units, twenty (20) attached accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Manor Vail Lodge Approved Development Plan, dated October 19, 2004 and November 19, 2007. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: • Dwelling Unit (138) - 163,691.0 square feet • Type III Employee Housing Unit (1) - 630.0 square feet Ordinance No. 41, Series 2007 3 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: Prior to Second Readina 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 Ordinance No. 41, Series 2007 4 1 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 Submittina for a Buildina 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. 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 Ordinance No. 41, Series 2007 cJ lJ 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 improvements 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 that 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 the Manor Vail Redevelopment. Prior to Reauestina 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 Ordinance No. 41, Series 2007 6 d 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 permission 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. 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 the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces Ordinance No. 41, Series 2007 7 within the club occur as outlined in the proposal. 15. That the developer shall commence 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 of 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 following the procedures outlined in Section 12-9A-4, Vail Town Code. Remain in place after occuoancv is aranted 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 be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each park, 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 Ordinance No. 41, Series 2007 8 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. 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 Ordinance No. 41, Series 2007 9 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 8t" day of January, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk ordinance No. 41, Series 2007 10 ORDINANCE NO. 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 Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been 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, pull down, break, or in any way interfere 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 6-313-2A, Vail Town Code, is hereby amended to read as follows: Ordinance No. 42, Series 2007 6-313-2: 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 98th 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, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2008. Dick Cleveland, Town 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 to be set by the Municipal Court. 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 uVithin thirty (3T minutes of the`persoh's first exit from the parking 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) 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 in 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, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2008. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 43, Series 2007 RESOLUTION NO. 1 SERIES OF 2008 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 8th day of January, 2008. Richard D. Cleveland„ Mayor ATTEST: Lorelei Donaldson, Town Clerk r luff OF VAIL 0100 December 29, 2007 NOVEMBER 2007 VAIL BUSINESS REVIEW Overall November sales tax decreased 10.7% with Retail decreasing 5.8%, Lodging decreased 15.4%, Food and Beverage decreased 11.5% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) decreased 15.7%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vaileov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479- 2119. Sincerely, n n ?? Sally Lorton Sales Tax Administrator November 2007 SALES TAX VAIL VILLAGE November November November 2006 2007 % Collections Collections Change Retail 1"00321 Lodging 531346 '409891 23.3% Food & :. ". Beverage 140,95 971864 -3.1 %p. Other 5,545 576.2% Total 280;769" '2447617 -12.9% LIONSHEA® November November November 2006 2007 % Collections Collections Change Retail 379761. 26;1"81 301% Lodging ,311814 249461 -23.1% Food & Beverage 23,613.: 15;440 -34.6%. Other 3,305 2083 ' -3- M%0 Total 96,493 68,1.65 . -29.4°/n. 4 4 J November 2007 SALES TALC CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL November November November 2006 2007 % Collections Collections Change Retail 112,276 1111405" ' -6`81/co „ Lodging 36;906 30;504 . -17.3% Food & :. , Beverage '' 49,822` 41,353 -1"-7:0°!a Other 5;085 31749 6- Total ° ,:= 204,089.:. 187,011 -8.4% OUT OF TOWN . November 2006 Collections Retail 491155 Lodging _ 4,066 ,, Food & Beverage .453 Utilities & 16511$3 Other Total ` .,:'218-857 November November 2007 % Collections Change 68,184 38. 10,860 167:1 30 -93.4% 135;672. -17.9% 214,746 -1'.9%°, November 2007 SALES TAX TOTAL November November November 2006 2007 % Collections Collections Change Retail 3245837; ; 306,091 -5086% Lodging 126;1,32;: ,. 1,06,722, -15:4% Food & Beverage 1741846 154,:677 -11:5% Utilities & 1741393": 1;47;049 Other 'dotal . ° 8002QD8;` 7149539 -10.7% 0 RETAIL SUMMARY November November November 2006 2007 % Collections Collections Change FOOD 76,050 75,470 LIQUOR 20,682 19,910 -3.7% APPAREL 28,612 31,982 11.8% _ SPORT 108,235 73,694 -31.9% JEWELRY 9,057 7,923 -12.5% _ GIFT 5,806 4,570 -21.3% GALLERY 1,166 2,596 122.6% OTHER 74,700 89,575 19.9% HOME 529 371 -29.9% OCCUPATION TOTAL 324,837 306,091 -5.8% MEMORANDUM December 28, 2007 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: November Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $38,000.00 in November sales tax to bring November collections to $744,321.00. If so, we will be down 2.37% or $18,072.00 from budget and down 6.91% or $55,261.00 from November 2006. November 2007 lift tax is $24,277.00, down 74.67% or $71,578.00 from November 2006. Town of Vail Sales Tax Worksheet 12/27/2007 % Chertge % Change 2007 Budget fmm from Month 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Budget Collection Vedance 2006 Budget January 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,225,841 2,275,967 2,597,985 2,484,585 2,782,458 297,873 7.10;6 11 99% February 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,362,825 2,429,377 2,527,130 2,416,869 2,717,796 300,927 7.54% 12.45°W March 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,371942 2,344,178 2,785,101 2,852,954 2,728,545 2,984,716 256.171 4.62% 9.39:6 April 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 1,224,558 1,329,916 105,358 3870/. 8.601A May 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458,770 449,283 429,747 545,051 115,304 21.32% 26.83% June 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 805,362 770,187 953,070 182,883 18.34% 23.75% July 963,717 1,043,637 1,107,882 1,130,883 1,235470 1,157,867 1,044.966 1;075,.532 1.128.514 1.166.183 1.255..243 1,200,524 1.264,674 64.150 0.75% 5.34% August 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 993.985 1.055,614 1,009,670 1,161,639 151,969 10.04% 15.05% September 630,453 637,831 735,608 806,600 817,313 747,766 713.574 679.208 757.033 795,807 832,549 796,263 905,528 109,265 8.77% 13.72% October 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 586,933 657,580 70,647 7.03% 12.04% November 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591.269 623,646 713,117 799,582 762,393 706,321 (56,072) -11.66% -7.35% Tot,I 11,65 t' L47_' I1) 1 .._ -' _ 5f 16 11 1 17/,1 1 1 i.8H7?.1 124 i, 1i.4 .», 1t.41u.,71 1, 3% 11.0996 Detombrr 20C 22n5 1,8.1_,3,940 2.139.417 2,171..098 .2.362.095 2,549,032 2,771,2581 5 2,639,726 Total 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15„411.044 15.106.801 14..578.983 15.466.979 16.483.979 17.841.6801 17,050,000 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: January 8, 2008 SUBJECT: A work session to present the Town's adopted land use regulations for development on sites with a slope of 30% or greater 1. PURPOSE The purpose of this work session is to present the Town's adopted land use regulations for development on sites with a slope of 30% or greater. Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide comments to Staff. Because this is a work session, Staff does not request that any action be taken at this time. II. BACKGROUND The Hazard Regulations of the Vail Town Code (Chapter 12-21) requires certain limitations on development of structures on slopes of 30% or greater in Hillside Residential (HR), Single-family Residential (SFR), Two-family Primary/Secondary Residential (PS) and Two- family Residential (R) Districts. On lots with slopes of 40% or greater in Single-family Residential (SFR), Two-family Primary/Secondary Residential (PS) and Two-family Residential (R) Districts, structures are not permitted to be built. In recent years, the Town has seen unprecedented growth within its boundaries. Due to the topography of the Town, many lots are located on slopes of 30% or greater, some even exceeding 40% slope. More specifically, the remaining approximately 100 vacant privately owned lots within the Town are mostly located on slopes of 30% or greater. This has resulted in an increase in development applications for structures on lots with slopes of 30% or greater. The Vail Town Council has brought up questions and concerns about development on slopes 30% or greater during the "DRB/PEC Update" that occurs at each council meeting. As a result, the Vail Town Council requested that Staff hold a work session to present the land use regulations for development on sites with slopes of 30% or greater. III. SUMMARY OF VAIL TOWN CODE REQUIREMENTS Chapter 12-21, Hazard Regulations, includes the following requirements related to development on sites with slopes of 30% or greater: Note: Slope is calculated by averaging rise over run in 1.00 square foot increments. For lots that have an average slope of 30% or greater beneath the proposed structure and parking area, and are in Hillside Residential (HR), Single-family Residential (SFR), Two- family Primary/Secondary Residential (PS) or Two-family Residential (R) District, the following regulations apply: L Applications are required additional materials, including: 1. Soil and foundation investigation, stamped by a professional engineer 2. Foundation drawings, stamped by a professional engineer 3. Topographic survey by a registered surveyor with contour intervals of not more than two feet 4. Design of structure must be done by a licensed architect 5. Site grading and drainage plan 6. Detailed plan of retaining walls or cuts and fills in excess of five feet 7. Detailed revegetation plan 8. Environmental Impact Report may be required Development standards are amended as follows: 1. Site disturbance is limited to 60%, unless otherwise approved by the DRB. 2. Driveways and surface parking cannot exceed 10% of total site area. 3. Minimum of one covered parking space required per unit. 4. Garages may be built in the front setback, but cannot exceed one story. 5. Retaining walls associated with garages up to 6 feet tall may be permitted in setbacks. For sites with an average slope of 40% or greater in Single-family Residential (SFR), Two- family Primary/Secondary Residential (PS) or Two-family Residential (R) District, development of structures is prohibited. Non-conforming structures are not allowed to increase in size. Chapter 14-6, Grading Standards, includes the following requirements: All finished grades must be 2:1 (Horizontal: Vertical) or up to 1:1 with drawings stamped bya registered professional engineer, at the discretion of the Administrator. This Chapter also mentions that structures and grading should be responsive to existing topography. The Section on retaining walls requires that exposed retaining walls do not exceed 6 feet in height. Any wall four feet or greater requires plans to be stamped by a registered professional engineer. Retaining walls are limited to 2 feet from property lines and 10 feet from public streets. Chapter 14-10, Design Review Standards and Guidelines, includes the following: Structures should be compatible with the site and surrounding structures. Existing land features should be protected and preserved if possible. The design of the structure should reflect the existing topography and other site features. Grading, cuts, and fills should blend with the existing grading and topography. IV. APPLICABLE SECTIONS OF THE VAIL TOWN CODE The following are pertinent excerpts from the Vail Town Code, as summarized in Section I I I of this memo. Title 12: Zoning Regulations Chapter 12-2: Definitions 12-2-2: Definitions of Words and Terms: 2 BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%) slope. SLOPE. The deviation of a surface from the horizontal, expressed in percent or degrees and calculated through rise over run. Chapter 12-21: Hazard Regulations 12-21-10: Development Restricted: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: Restrictions in Specific Zones with Excessive Slopes: "Slope" is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10) modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential or two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered professional engineer. C. A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet (2'), shall be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-6B-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows: 1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (609,61) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. F. A site grading and drainage plan shall be required. 3 I G. A detailed plan of retaining walls or cuts and tills in excess of five feet (5) shall be required. H. A detailed revegetation plan must be submitted. 1. The administrator may require an environmental impact report as provided in section 12-12-2 of this title. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12- 66-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section. Title 14: Development Standards Chapter 14-6: Grading Standards 14-6-1: General Standards: This section provides a summary of grading standards within the Town of Vail. All grading is subject to design review to determine compatibility with existing topography, to review the extent of existing vegetation removal and to preserve significant features on the site. The administrator may require grading plans to be stamped by a Colorado Professional Engineer (PE). All temporary grading shall be in compliance with currently adopted OSHA standards. All permanent finished grades shall be at a maximum 2:1 (Horizontal: Vertical), unless otherwise approved by the Administrator and providing that no grading exceeds 1:1 and that any grading steeper than 2:1 (H:V) is designed and stamped by a Colorado Professional Engineer. 14-6-7: Retaining Walls: A. General. All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (69. Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3), unless related to access to a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2) from adjacent private property boundaries and should be ten feet (109 from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4) in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3) in height, measured in the same manner, shall require a PE stamp. 4 All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. B. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1: 1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot (1) behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet (4). All combination retaining walls shall have a PE stamp. 14-10-2: General Compatibility. A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 14-10-3: Site Planning: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or tills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal. D. All areas disturbed during construction shall be revegetated. If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. 14-10-9: Fences, Hedges, Walls, and Screening: 5 A. Placement: The placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment, etc. B. Design: Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or as required for recreational facilities. C. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and/or aesthetically. D. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet (3) in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30) along each lot line. E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3) in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. V. ACTION REQUESTED OF COUNCIL Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide comments to Staff. Because this is a work session, Staff does not request that any action be taken at this time. VI. ATTACHMENTS A. Slope in the Town of Vail Map 6 Slope in the Town of Vail Town Coucil Work Session - January 8, 2008 ) 1 uevelopment rcestncaons Hppry. 20 29 Slope - 30% in Hillside Residential, 3o - 39 Single Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Zone Districts - > 40 Approximate Parcel Linework Boxl Mnua to i M This map was created by the Town ofVail GIS workgroup. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown, parcel line work is approximate) Y 1 Miles January 8, 2008 0 0.5 1 2 DAN OF yfi?A 1 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: January 8, 2008 SUBJECT: A work session to present the Town's adopted land use regulations for development on sites with a slope of 30% or greater PURPOSE The purpose of this work session is to present the Town's adopted land use regulations for development on sites with a slope of 30% or greater. Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide comments to Staff. Because this is a work session, Staff does not request that any action be taken at this time. II. BACKGROUND The Hazard Regulations of the Vail Town Code (Chapter 12-21) requires certain limitations on development of.structures on slopes of 30% or greater in Hillside Residential (HR), Single-family Residential (SFR), Two-family Primary/Secondary Residential (PS) and Two- family Residential (R) Districts. On lots with slopes of 40% or greater in Single-family Residential (SFR), Two-family Primary/Secondary Residential (PS) and Two-family Residential (R) Districts, structures are not permitted to be built. In recent years, the Town has seen unprecedented growth within its boundaries. Due to the topography of the Town, many lots are located on slopes of 30% or greater, some even exceeding 40% slope. More specifically, the remaining approximately 100 vacant privately owned lots within the Town are mostly located on slopes of 30% or greater. This has resulted in an increase in development applications for structures on lots with slopes of 30% or greater. The Vail Town Council has brought up questions and concerns about development on slopes 30% or greater during the "DRB/PEC Update" that occurs at each council meeting. As a result, the Vail Town Council requested that Staff hold a work session to present the land use regulations for development on sites with slopes of 30% or greater. III. SUMMARY OF VAIL TOWN CODE REQUIREMENTS Chapter 12-21, Hazard. Regulations, includes the following requirements related to development on sites with slopes of 30% or greater: Note: Slope is calculated by averaging rise over run in 100 square foot increments. For lots that have an average slope of 30% or greater beneath the proposed structure and parking area, and are in Hillside Residential (HR), Single-family Residential (SFR), Two- family Primary/Secondary Residential (PS) or Two-family Residential (R) District, the following regulations apply: Applications are required additional materials, including: 1. Soil and foundation investigation, stamped by a professional engineer 2. Foundation drawings, stamped by a professional engineer 3. Topographic survey by a registered surveyor with contour intervals of not more than two feet 4. Design of structure must be done by a licensed architect 5. Site grading and drainage plan 6. Detailed plan of retaining walls or cuts and fills in excess of five feet 7. Detailed revegetation plan 8. Environmental Impact Report may be required Development standards are amended as follows: 1. Site disturbance is limited to 60%, unless otherwise approved by the DRB. 2. Driveways and surface parking cannot exceed 10% of total site area. 3. Minimum of one covered parking space required per unit. 4. Garages may be built in the front setback, but cannot exceed one story. 5. Retaining walls associated with garages up to 6 feet tall may be permitted in setbacks. For sites with an average slope of 40% or greater in Single-family Residential (SFR), Two- family Primary/Secondary Residential (PS) or Two-family Residential (R) District, development of structures is prohibited. Non-conforming structures are not allowed to increase in size. Chapter 14-6, Grading Standards, includes the following requirements: All finished grades must be 2:1 (Horizontal: Vertical) or up to 1:1 with drawings stamped by a registered professional engineer, at the discretion of the Administrator. This Chapter also mentions that structures and grading should be responsive to existing topography. The Section on retaining walls requires that exposed retaining walls do not exceed 6 feet in height. Any wall four feet or greater requires plans to be stamped by a registered professional engineer. Retaining walls are limited to 2 feet from property lines and 10 feet from public streets. Chapter 14-10, Design Review Standards and Guidelines, includes the following: Structures should be compatible with the site and surrounding structures. Existing land features should be protected and preserved if possible. The design of the structure should reflect the existing topography and other site features. Grading, cuts, and fills should blend with the existing grading and topography. IV. APPLICABLE SECTIONS OF THE VAIL TOWN CODE The following are pertinent excerpts from the Vail Town Code, as summarized in Section III of this memo. Title 12: Zoning Regulations Chapter 12-2: Definitions 12-2-2: Definitions of Words and Terms: 2 BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%) slope. SLOPE. The deviation of a surface from the horizontal, expressed in percent or degrees and calculated through rise over run. Chapter 12-21: Hazard Regulations 12-21-10: Development Restricted. A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. 12-21-14: Restrictions in Specific Zones with Excessive Slopes: "Slope" is the gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10) or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope" In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10) modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. The following additional special restrictions or requirements shall apply to development on any lot in a hillside residential, single-family residential, two-family residential or two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (309/6): A. A soil and foundation investigation, prepared by and bearing the seal of a registered professional engineer shall be required. B. Foundations must be designated and bear the seal of a registered professional engineer. C. A topographic survey prepared by a registered surveyor, with contour intervals of not more than two feet (2), shall be required. D. Structures must be designed by a licensed architect. E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-6B-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows: 1. Not more than ten percent (109/6) of the total site area may be covered by driveways and surface parking. 2. In order to protect the natural land form and vegetation on steep slopes, not more than sixty percent (60916) of the total site area may be disturbed from present conditions by construction activities. The design review board (DRB) may approve site disturbance in excess of the sixty percent (609,6) maximum if specific design criteria warrant the extent of the requested deviation. F. A site grading and drainage plan shall be required. 3 G. A detailed plan of retaining walls or cuts and tills in excess of five feet (5) shall be required. H. A detailed revegetation. plan must be submitted. 1. The administrator may require an environmental impact report as provided in section 12-12-2 of this title. J. A minimum of one covered parking space shall be provided for each dwelling unit. K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12- 68-6, 12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no required front setback for garages, except as may be required by the design review board. Garages located in the front setback, as provided for in this section, shall be limited to one story in height (not to exceed 10 feet) with the addition of a pitched or flat roof and subject to review and approval by the design review board. L. Retaining walls up to six feet (6) in height may be permitted in the setback by the design review board when associated with a permitted garage as referenced in subsection K of this section. Title 14: Development Standards Chapter 14-6: Grading Standards 14-6-1: General Standards: This section provides a summary of grading standards within the Town of Vail. All grading is subject to design review to determine compatibility with existing topography, to review the extent of existing vegetation removal and to preserve significant features on the site. The administrator may require grading plans to be stamped by a Colorado Professional Engineer (PE). All temporary grading shall be in compliance with currently adopted OSHA standards. All permanent finished grades shall be at a maximum 2:1 (Horizontal. Vertical), unless otherwise approved by the Administrator and providing that no grading exceeds 1:1 and that any grading steeper than 2:1 (H:V) is designed and stamped by a Colorado Professional Engineer. 14-6-7: Retaining Walls: A. - General. All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3), unless related to access to a structure constructed on excessive slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2) from adjacent private property boundaries and should be ten feet (10) from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feet (4 ) in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3) in height, measured in the same manner, shall require a PE stamp. 4 All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the town engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. B. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining walls is the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1:1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot (1) behind the face of the lower wall at the lowest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet (4). All combination retaining walls shall have a PE stamp. 14-10-2: General Compatibility. A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 14-10-3: Site Planning: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased or those essential for creating defensible space. Mitigation may be required for tree removal. D. All areas disturbed during construction shall be revegetated. If necessary, the design review board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. 14-10-9: Fences, Hedges, Walls, and Screening: 5 A. Placement: The. placement of walls and fences shall respect existing landforms and fit into land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equipment, etc. B. Design: Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chainlink fences shall be allowed except as temporary construction fences or as required for recreational facilities. C. Setbacks Observed. All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the design review board if it determines that their location is not detrimental environmentally and/or aesthetically. D. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any district where setbacks are required, no fence or structure over three feet (3) in height shall be permitted within the triangular portion of a corner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30) along each lot line. E. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3) in height within any required front setback area, and shall not exceed six feet (6) in height in any other portion of the site, provided that higher fences, hedges, walls or landscaping screens may be authorized by the administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. V. ACTION REQUESTED OF COUNCIL Staff requests that the Vail Town Council listen to the presentation, ask any pertinent questions, and provide comments to Staff. Because this is a work session, Staff does not request that any action be taken at this time. VI. ATTACHMENTS A. Slope in the Town of Vail Map 6 Slope in the Town of Vail Town Coucil Work Session - January 8, 2008 } y {L 1 ----.-. IrY?t? r 4_ _ '?F' Fe ;yry r C n Y ITT\,? // ,-? .A ['%{ .. .. y y T ' F: sC SC 3 c +(y Slope Development Prohibited: Slope - 40% in Single Family Residential, p _ Q 1 1 Two-Family Residential, and Two-Family * Primary/Secondary Residential Zone Districts rr >>" x 10 -19 Development Restrictions Apply: 20 29 Slope - 30% in Hillside Residential, ' 30 - 39 Single Family Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential Zone Districts ?. 1 - > 40 Approximate Parcel Linework Ptarrn ??dn k'orr.t 1 Ala 1 ? 1 . This map was created by the Town of Val GIS workgroup- Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) I I I I Miles January 8, 2008 0 0.5 1 2 'MWN OFM lw? Town of Vail I-70 Vail Pass Road Closure Plan Winter 2007-2008 During closures of I-70, Town of Vail employees will collaborate to. meet the following goals: 1. To provide a safe and hospitable environment for stranded motorists. 2. To facilitate the safe and orderly movement of traffic through and around Vail. 3. To facilitate timely and accurate information to the public. Responsibilities: Vail Communications Center A. Confirm with CDOT the Interstate signs have been changed B. Notify Town of Vail personnel of closure: a. Police Department b. Fire Department and Ambulance Services c. Parking Structure booth personnel d. Public Works e. Bus Supervisors f. Town of Vail Information Centers C. Fax broadcast system to be activated D. Road closure phone updates and phone procedures E. Channel 19 and AM 530 F. Emergency Shelter activation Fire Department • Unless otherwise engaged in a call for service, Station #2 personnel will close the access at exit 180. And will stay to answer motorist questions for at least the initial 15 minutes. • Circumstance allowing, State Patrol will close the gate on the Interstate at mm 180. Police Department Officers and Code Enforcement Officers Closure Order #1 is mandatory. Utilize others depending on variables (TOV and CSP staffing, time of day, calls for service, traffic flow, accidents, weather, etc.) 1. Use a CEO truck with at least 34 cones: I". Close I-70 @ mm 176 eastbound on-ramps (2 ramps x 5 cones per ramp) 2nd. Drive I-70 westbound from mm 176, turn-around at first emergency ramp, and begin drop cones to close the left lane of traffic (approximately 14 cones) to the eastbound exit @ mm 176. 3rd . Park in left lane, at the end of the cones. Leave engine running and lights activated. 4th. Create an exit lane with cones @ eastbound mm 176 post. (see diagram) Allow Semi-trucks to continue eastbound on I-70. Semi-trucks should fill the chain-up area first, and then overflow onto the slow lane. The fast lane must remain open for emergency vehicles and plows to pass. All semi-trucks must be actively engaged in chaining-up their vehicles. Advise truck operators without chains, who wish to sleep, or who need fuel, to turn around at mm 176. 2. If not already closed by Fire or CSP, close gate on 1-70 @ exit 180. Close eastbound on- ramp @ mm 180. (need wrench) 3. Use 10 traffic cones to close the eastbound on-ramps at mm 173. Drive I-70 eastbound to the closure exit 176. Enforce no parking on the Interstate; keep truckers moving toward chain-up area. Use the CB to notify truckers. 4. Ford Park turn-around, use approximately 12 cones. (see diagram) Allow only residents of East Vail to continue eastbound on the South Frontage Road. 5. South Frontage Road at entrance to TRC. (works best with 2 officers- disperse brochures & direct traffic) Parking Structure Booth Personnel • Advise drivers of closure and direct inquiries to Information Center. • Staying parked in the structure is recommended during a pass closure. Public Works and Bus Supervisors • Set portable "Pass Closed" pedestrian signs at parking structure portals • Store signs after pass re-opens Bus Drivers • Advise riders of closures and re-openings • Make infonnation brochures available to riders Other Considerations: `' Alert Town of Vail Public Information Office (day shift only) `' Change Interstate exit messages (Checkpoint Charlie) `' Utilize Detectives and Command Staff Change Variable Message Signs on South Frontage Road Ask the Information Center to stay open late Mobile assignment to resupply brochures, maps, flashlights, water & snacks Enlist the Com Dev and Fire Code Enforcement I-' Shelter mobilization when appropriate: if the pass closure is anticipated to last longer than four hours, or the closure is later than l Opm. Notify the Salvation Army/ Vail Valley Cares to set-up the Chapel site. Set-up can take 1-2 hours. '' Late night/early morning closures: be available for calls for service. Make a back-up plan to cover yourself if you are called into service. Call Fire and/or Public Works. Let CSP know your staffing level. Consider calling the morning shift in early. VAIL PASS CLOSURE INFORMATION Vail Pass is closed until further notice due to weather related factors Vail Pass is closed.starting at 1-70, mile marker 180 (East Vail). There are no services and no parking in this area. Please avoid East Vail (mile marker 180). An alternate route to Leadville (approx. 38 miles) and Copper Mountain (approx. 61 miles) is via Highway 24 South over Battle Mountain and Tennessee Pass- use exit #171 from 1-70 (Minturn Exit). This route will return you to 1-70. Confirm highway is open before you begin your travel . (phone numbers are listed below). An alternate route to Denver is Via Highway 24 South (Minturn Exit #171 from 1-70) to Buena Vista, then take Highway 285 North to Denver. (Approx. 10089 miles) Confirm highway is open before travel. IMPORTANT PHONE NUMBERS Road Conditions 970-479-2226 or 303-639-1111 or 1-877-315-ROAD Colorado State Patrol Dispatch 970-248-7278 or 970-824-6501 Vail Valley Medical Center 970-476-2451 Lodging and Local Info 970-479-1394 or 970-479-1385 For family emergency and/ or sustained shelter concerns, you may call the Salvation Army at 970-926-3704 or 970-471-3704 Please do NOT call 911 for pass closure or road conditions! 911 is for EMERGENCIES ONLY! For road conditions tune your radio to FM stations 92.3, 93 1, 95.3, 101.5, 103.1, 104.7, 105.5 or AM station 530, or tune to Channel 13-21 for road closure updates and Channel 31 for The Weather Channel. MAIN VAIL EXIT #176 (map on reverse side) Vail Village Parking. Structure and Information Center Lionshead Parking Structure and Information Center Vail Valley Medical Center Multiple restaurants and hotels (Sonnenalp, Mountain Haus, Manor Vail Lodge, Evergreen Lodge, Vailglo Lodge, Marriot, Lionsquare Lodge, Vail Cascade Hotel, Lionshead Inn, Austria Haus, Plaza Lodge, Tivoli Lodge, Vail Mountain Lodge, and Pepi's Gasthof Gramshammer) WEST VAIL EXIT #173 (map on reverse side) Service Stations (Shell, Phillips 66, Conoco), Fast Food (Wendy's, McDonald's, Subway Taco Bell, 7-11, and other restaurants) Safeway, City Market, Hotels (Roost Lodge, and Holiday Inn) MINTURN (map on reverse side) Restaurants (The 8gro6n, Minturn Country Club, Turntable, Chilli Willys) AVON/ BEAVER CREEK EXIT #167 (Wap on reverse side) Coastal Mart convenience store (open 24 hours) Fast Food (Pizza Hut, Subway, Burger King, Denny's) City Market and other restaurants Hotels (Comfort Inn, Christy Lodge) av.j TP 1-7 Lo ?2 ?^ A-D CJ7 ? CAI'A r' / XI L`' K?,?lL G£N L Jrf U ?D c> q -70 g.of 0 ,` <i1 CQWes) O -L ?v y? O O It TOWN OF VAIL REVENUE HIGHLIGHTS January 2, 2008 (Unaudited) Sales Tax When all sales tax returns are received for the month of November, collections for the month are expected to be $744,321, down 7% from November, 2006. If so, this will be the first month since June 2006 to register a year-over-year decline. November, 2007, lacked. snow and decreases in sales tax revenue were evident in all segments of the town's economy. Year-to-date collections estimated at $16.0 million, however, continue to exceed last year's year-to-date by 6.5%. For comparison, inflation as measured by the consumer price index was up 4.3% in November compared with the prior year. Construction Permit Fee Revenue Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.9 million through December 31, 2007, up 44% from the same period last year. Year-to- date permit fees include $2.2 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade Hotel and Residences, Forest Place, Four Seasons, Front Door, the Landmark, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and The Willows. Construction permit revenue from major projects exceeds last year's revenue from that segment by 79%, while all other projects contributed 11 % less than in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Recreational Amenities Fees A record $1.2 million in recreational amenities fees was collected in 2007, compared with $117,501 for the frill year 2006. Contributing to this year's high revenue number are Cascade Residences, Four Seasons, Mountain View, Ritz Carlton Residences, Solaris, and The Willows. Recreational amenities fees are applied to new residential square footage and deposited to the Real Estate Transfer Tax Fund to be used for open space, parks, recreation, and environmental sustainability. Real estate Transfer Tax (RETT) With the majority of 2007 transactions recorded, year-to-date RETT collections through December 31, 2007, total $6.2 million with over $1 million received in December. As of today, RETT collections for 2007 are essentially the same as full year 2006; however, some remittances for 2007 transactions may still be in process. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $1.9 million or 31% of the total in 2007 while only $844,500 or 14% of the total in 2006 consisted of major redevelopment projects. Meanwhile, RETT collections from property transfers not related to major redevelopment projects dropped by 21 % in 2007 compared with 2006. 070108 Revenue Highlights - I -