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HomeMy WebLinkAbout2008-05-06 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA VA1L TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MAY 6, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to deterrnine at what time Council will consider an item. , 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEMITOPIC: Vail Youth Recognition Award Winners Introduction. (5 min.) ' ? Tony Ryerson / Vail Mountain School. ? Olivia Faufand / Battie Mountain High School. 3. ITEMITOPlC: Proclamation No. 6, Series of 2008 Building Safety Week 2008. (May 5-11) (5 min.) 4. ITEM/TOPIC: Consent Agenda. (5 min. ) a. Approval of 04.01.08 and 04.15.08 Town Council Minutes. 5. Stan Zemler ITEMITOPIC: Town Manager's Report. (30 min.) ? Revenue Update. ? Chamonix P{anning Update. ? Colorado Stage International Cycfe Classic/Farmers Market. ? I-70 Collaborative Update. ? Parking Task Force Update. 6. George Ruther ITEM/TOPIC: Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-13, Empioyee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish requirements that no less than one-half the employee housing mitigation requirements for new construction and demo/rebuild projects be accommodated with on-site units, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ord'+nance No. 1, Series of 2008, on first reading. ~ 3rd Supplemental of 2008 First Reading TOWN OF VAIL 2008 BUDGET SUflAMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE _ j CAPITAL PROJECTS FUND - i Proposed Bud et Ammended 3rd Ammended 2008 2008 Supplemental ' 2008 ~ I Streetscape o'ects ~ Manor Vail Stre Plan - 100,000 100,000 West Meadow Dri 1,720,000 1,720 000 1,720,000 East Meadow Drive- eetsca e Heat - 165,000 165,000 Villa e Streetsca e - 1,013,761 (50,000) 963,761 Subtotal Streetscape o'ects 1,720,000 2,998,761 50,000 2,948,761 Housing Pro ram Bu -Down Pro ram 100,000 - - Pitkin Creek Em lo ee Housin Unit - 7,350 7,350 Timber Rid e Debt Service Guarantee - 925,000 925,000 Timber Rid e Le al / Zonin - 28,927 35,000 63,927 Subtotal Housing Pro ram 100,000 961,277 35,000 896,277 LionsHead Redevelopment LionsHead Im rovements - 32,242 32,242 Subtotal LionsHead Redevelopment - 32,242 - 32,242 Other Improvements . Property Taxlncrement - Reserved 441,000 441,000 TOV Strate ic Plannin Vail 2020 - - ' Housin Strate ic Plan 25,341 25,341 West Vail Area Plan - 22,732 22,732 Chamonix Area Plan - 130,545 130,545 I-70 Fiber Pro'ect - 09,128 909,128 Street Li ht Im rovement Pro ram 75,000 000 75,000 1-70 Noise 250,000 1,079, 2 1,079,282 LH Parkin Structure Redevelo ment - 64,$ 64,857 Bio-Mass Study - 50,000 50,000 Under round Utility Improvements - 212,783 212,783 E. Vail Radio Tower 5,000 5.000 5,000 Subtotal Other Improvements 330,000 3,015,668 - 3,015,668 Total before Financing 7,188,635 17,397,962 1, 00 17,382,862 Transferfor Debt Service 2,321,825 2,286,825 35,000 2,321,825 Transfer from Dis atch 75,000 75,000 Transfer from General Fund 441,000 1 000 825 Total Financin 2,321,825 1,770,825 35,000 :(7,911,857) Total Expenditures 9,511,460 19,168,787 20,000 88,78 Revenue Over (Under) Expenditures (737,233) (7,973,857) Bund Balance 754,153 10,154,128 54,128 Ending Fund Balance 76,920 $ 2,180,271 42,271 , 6 BACKGROUND RATIONALE: On March 10, 2008, the Planning and Environmental Commission voted 43-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to estabiish sfandards and , criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. The Town Council held 'work session discussions concerning the proposed text amendments on March 24 and April 15, 2008. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 1, Series of 2008, on first reading. 7. Nicole Peterson ITEM/TOPIC:Second reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to atlow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007). (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2008, on second reading. BACKGROUND RATIONALE: On March 24, 2008, the Town of Vail Planning and Environmental Commission recommended approval of the request. On April 15, 2008 the Town Council approved the first reading of Ordinance No. 10, Series of _2008, with the condition that Staff verify the proposed parking table on Page 16 of the ordinance. STAFF RECOMMENDATION: ~ Staff recommends that Town Council approves Ordinance No. 10, Series of 2008, on second reading. 8. Scot Hunn 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 for a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code; a request for final review' of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and Findings and Section 12-21-16, Right of Appeal; and a request for final review of certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501. North Frontage Road WesULot 86, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC070052; PEC080006; and PEC080013). (60 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the development plan, a variance application, and certain conditional uses, pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On March 24, 2008, the Planning and Environmental Commission approved, with conditions, a request for a final review for a development plan, pursuant to Section 12-61-11, development Plan Required, Vail Town Code; a , request for final review of a variance from Section 12-21-10, Development Restricted, pursuant to Section 12-17-6, Criteria and ' Findings and Section 12-21-16, Right of Appeal; and certain conditional uses, pursuant to Section 12-61-3, Conditional Uses, Vail Town Code, to allow for a redevelopment of Solar Vail into a mixed use development to include Type VI employee housing units, professional offices, and public utilities installations including transmission lines and appurtenant equipment, located at 501 North Frontage Road West/Lot 8B, Block 2, Vail Potato Patch, and setting forth details in regard thereto. . The Vail Town Council "called-up" this Planning and Environmental Commission's action at its April 1, 2008, public hearing by a vote of 7-0-0. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's decisions. 9. Bill Gibson ITEM/TOPIC: A proposed addition to the Town's Official Avalanche Hazard Map at 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5t' Addition. (15 min.) ACTION REQUESTED OF COUNCIL: Pursuant to Sub-section 12-21-13-H, Additions to Maps, Vail Town Code: "If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site speciric geologic investigation is reliab/e, the town council shall direct the Department of Community Deve/opment to keep a copy of said site specifiic investigation on file in the Department of Community Development and availab/e to the genera/ public and shall further direct the department of community development to notate the appropriate officia/ map adopted by this chapter so that it indicates that said site specific investigation is on file with the Department of Community Development." BACKGROUND RATIONALE: The applicant, Larry Deckard, representing the property owner, has submitted a site specific avalanche hazard study for the subject property. The submitted study recommends amending the delineation of the avalanche hazards on the subject site. STAFF RECOMMENDATION: Direct the Department of Community Development to keep a copy of said site specific investigation on file in the Department of Community Development and available to the general public and direct the Department of Community Development to notate the Official Avalanche Hazard Map to indicate that said site specific investigation is on file with. the Department of Community Development. 10. Dick Cleveland ITEMITOPIC: Park City Peer Resort Visit Outcomes. (20 min.) 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2008, Rachel Friede An Ordinance Amending Title 4 of the Vail Town Code by the Addition of a New Chapter 12, Entitled "Sexually Oriented Business"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny first reading of Ordinance No. 11, Series of 2008. BACKGROUND RATIONALE: The Town Code currently does not have regulations concerning sexually oriented business. Adding Chapter 12 "sexually Oriented Business" to Title 4 of the , Vail Town Code the council is insuring the public's health, safety and welfare by establishing reasonable regulations to reduce the adverse secondary effects of such businesses within the Town. STAFF RECOMMENDATION: Approve, approve with modifications, or deny first reading of Ordinance No. 11, Series of 2008. 12. Rachel Friede ITEMITOPIC: Second reading of Ordinance No. 8, Series of 2008, an Ordinance amending Chapter 12-3, Administration and Enforcement, Vail Town Code, to establish procedures for approving public art in private development, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 8, Series of 2008, upon second reading. , BACKGROUND RATIONALE: On October 22, 2007, the PEC J voted to recommend denial to the Vail Town Council for proposed text amendments that required public art for certain development projects. On November 20, 2007, the Vail Town Council voted 43 to deny Ordinance No. 33, Series of 2007, which would have codified those requirements. The Vail Town Council directed Staff to propose text amendments that only include basic requirements and procedures for review of public art. The current proposed text amendments are based on the previous request, with requirements for public art omitted, per the Town Council's request. On March 10, 2008, the PEC voted unanimously to recommend approval of the text amendments. On April 15, 2008, the Vail Town Council unanimously voted to approve Ordinance No. 8, Series of 2008, upon first reading. STAFF RECOMMENDATiON: The Community Development Department recommends that the Vail Town Council approves Ordinance No: 8, Series of 2008, on second reading. 13. Tom Kassmel ITEMITOPIC: 2008 Overlay Project. (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Overlay Project in the amount of $269,941.48. BACKGROUND RATIONALE: Staff has received two bids for the 2048 Overlay Project, with B&B Excavating the low bidder. Submitted bids are within budget and below the engineer's estimate. The project consists of a maintenance asphait overlay on portions of roads in East Vail, an aspha{t mil{ and overlay of Vail Valley Dr from the South Frontage Road to Gold Peak, and asphalt patching on East LionsHead Gircle. The project is budgeted as follows: $269,941.48 Capital Street Maintenance Budget. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Overlay Project in the amount of $269,941.48. 14. ITEMITOPIC: Adjournment. (9:50 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 6:00 P.M., TUESDAY, MAY 20, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. Vail Town Council Meeting Minutes Tuesday, April 1, 2008 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 Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attomey The first item on the agenda was Citizen Input. Long term resident Bill Fleicher said a high divorce rate was responsible for Vail's affordable housing problems. He then asked for benches to be placed on the south side of the LionsHead parking structure. Fleicher also questioned construction workers at Middle Creek. He then spoke in support of seasonal housing. Jeff Wiles said he would be running for a board position at the Vail Recreation District. Council wished Wiles good luck. Sandy Somola said she is "jaded° by the current parking situation in Vail. "We need parking and think the quality of life for people who have been here a while has diminished...We need parking.° Cleveland responded, "We had, this very conversation this aftemoon...We are working with Vail Resorts to be a partner in resolving this pro6lem.° Cleveland then reported the Vail Police Department would be hosting an open house on April 8, from 5:30 to 7 p.m. in the Town Council Chambers. The second item on the agenda was the Town Manager's Report. • I-70 Closure Update 1 Please see Work Session Briefs in regard to the recent I-70 closure for more details. In regard to the events, Daly commented, "IYs important to the hear about the work of our critical emergency responders...We have made significant progress from, earlier in this winter season...We need to really work to make greater awareness of the life safety perspective...Last year I-70 was closed ~ three times, this year nineteen times. "Representing the Vail Homeowner's Association, Jim Lamont thanked all of Vail's emergency responders for a job well done. He then thanked Henninger and Zemler for their leadership. He then expressed concern about increasing traffic on Highway 24. Kaye Ferry said semis should not be allowed travel on Highway 24. She then said she had spoke with Senator Jack Taylor in regardi to supporting Vail and its issues. Cleveland commented, °CDOT needs to be more consistent and timely." Gordon said the emergency management table top exercises are being very effective. The third item on the agenda was the Consent Agenda. a. Approval of 03.04.08 and 03.18.08 minutes Foley moved to approve the minutes with Hitt seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was the Building 8 Fire Code Appeals Board (B&FCAB), Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. Earlier in the day Council interviewed the following candidates: PEC: DRB: Anne Gunion Michael Dantas Roland Kjesbo Peter Dunning William Pierce Elizabeth Plante Sarah Robinson Paladino Susie Tjossem AIPP: B&FCAB: , Cookie Flaum Kathy Langenwalter Susan Frampton Rich Seth James Poppell Kathy Langenwalter There were three vacancies for the BBFCAB (two regular board members and one alternate), four vacancies for PEC, three vacancies for DRB and four vacancies for AIPP. The Town received finro (2) applications for the B&FCA6; five (5) applications for the PEC; three (3) applications for the DRB vacancies and three (3) applications for the AIPP (leaving one open position). Foley moved to appoint the following with Rogers seconding: PEC: DRB: Roland Kjesbo Michael Dantas William Pierce Peter Dunning Sarah Robinson Paladino Elizabeth Plante 2 . Susie Tjossem AIPP: B&FCAB: Cookie Flaum Kathy Langenwalter - Susan Frampton Rich Seth James Poppell Kathy Langenwalter Daly clarified a vote had been taken earlier in the day to determine the result of the PEC. The motion passed unanimously, 7-0. The fifth item on the agenda was the First Reading of Ordinance No. 7, Series of 2008, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and , authorizing the expenditures of said appropriations. Budget and Financial Reporting Manager Kathleen Halloran asked Council to make any , inquiries of or give any comments regarding the 1St supplemental of 2008, Ordinance No. 7, Series of 2008. "Daly said he was uncomfortable adding incremental funds to ongoing capital projects". Zemler stated, "Judy and I are comfortable with the current budget. We don't feel like we need to throttle down...We'll be the first to tell you that when we feel iYs the case." Newbury said she was comfortable with the supplemental as proposed. Nlt's trying to finish projects we were not able to finish in 2007. If we don't allow them to carryover the dollars remaining from 2007, then they will be forced to use the dollars budgeted for 2008 to complete these and the 2008 projects will be . underfunded." Gordon commented, "We have a staff who doesn't just spend the money just because it's budgeted, they assess the need for the projects and act accordingly. We should allow them to finish the projects as they see fit." Zemler reported to Council that if they. had specific issues with items in the supplemental, he would be happy to address them. Newbury moved to approve the ordinance with Gordon seconding. Vail Homeowners Association Representative Jim Lamont, stressed the importance ongoing wildfire mitigation. The motion passed 6-1, with Daly opposed. The sixth item An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's approval, with conditions, 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 ViIlage Filing 13. Community Development Director George Ruther announced that on February 25, 2008, the PEC approved, with conditions, 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. The Vail Town Council "called-up" this PEC action at its March 4, 2008, public hearing by a vote of 7-0-0. Daly then moved to uphold the PEC's decision as outlined in the findings in the staff memorandum dated April 1. Rogers seconded the motion. Foley clarified the action was not a grant of special privilege. The motion passed unanimously, 7-0. . 3 .Dick Cleveland, MaYOC ATTEST' ~ ponaldson, Town Glerk Lorele provtded bY CoreY Swisher. Mlnutes . 4 i Vaii Town Council Meeting Minutes . Tuesday, April 15, 2008 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 Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attomey The first item on the agenda was Citizen Input. Vail Recreation District Board Member Michelle Hall noted she has filed to run for a second term. The election is May 6. The second item on the agenda was the Town Manager's Report. ? Skatepark Update. Zemler noted the schedu{e for set up of the stakepack on the top deck of the LionsHead parking structure has been delayed by two weeks because the equipment, which is stored in Minturn, is currently buried in snow. Zemler said the skatepark would . be assembled and ready to go.as quickly as the weather:allowed, tentatively set for a May 30 completion. It was also noted the town's Annual Clean Up Day has been changed from May 3 to May 10. ? Forest Health Update. Fire Chief Mark Miller reported on the department's response in providing assistance to Carbondale foHowing the report of a wildfire. He then provided an overview of the town's t ~ upcoming forest health initiatives in partnership with Eagle County and the U.S. Forest ' Service. He said the town would also continue to support a six-person seasonal mitigation crew this summer following a successful debut last summer. Chief Miller also provided an overview on some extensive fire behavior training his department had been undergoing during the week in preparation for wildland fire season. The third item on the agenda was the Appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. Earlier in the day Council interviewed two incumbent applicants for two openings on the Liquor Board: Kaye Ferry and Bob McKown. Daly moved to appoint Ferry and McKown to the. LLA with Newbury seconding. The motion passed 6-0. Council then appointed Kim - Newbury to the Vail Local Housing Authority. The fourth item on the agenda was a presentation of possible next steps to be considered for the redevelopment of the Timber Ridge Village Apartments Town Manager Stan Zemler asked Council to engage in a discussion regarding next , steps in the redevelopment of the Timber Ridge Village Apartments. The request followed a decision by the Council on March 18 to conclude negotiations with Open/Hillwood and Lincoln Properties Southwest regarding a proposed redevelopment. Zemler's suggested next steps included the following: 1. Form a Timber Ridge Redevelopment Advisory Committee. The Committee will work with the Housing Authority and the community and advise the Town Council. a. Two members of Town Council b. Two members from the Vail Local Housing Authority c. Three members from the community at-targe. 2. The TRAHC Board, the Committee and the Housing Authority will conduct a Strengths, Weaknesses, Opportunities, Threats (SWOT) anafysis of the Timber Ridge Development. 3. Conduct an Employee Housing Needs Analysis. a. Staff recommended utilizing the 2007 Eagle County Housing Needs Assessment and previous work completed by RRC Associates for the Town of Vail. ' 4. Prepare and adopt redevelopment goals and parameters to be used to evaluate development proposals. " 5. Develop a Request for Proposals for site specific master ptanning services. 6. Select a consultant to provide site specific master planning services. 7. Complete a site specific master plan. 8. Town Council adopts a site specific master plan. 9. Issue a Request for Proposals (RFP) to developers for implementation of the site specific master plan. . 2 During discussion, Gordon said he betieved it was good to keep the discussion focused on process. "I think this should be the Housing Authority looking into this...l believe time is of the essence." Housing Coordinator Nina Timm explained Timber Ridge required $2,000,000 in repairs as outlined in an engineering report. Rogers noted, "I think this is a very sound way to proceed...l agree it needs to be done as quickly as possible." She then said she would be happy to serve on the committee. Hitt cautioned Council to not "reinvent the wheel" in regard to an employee housing needs analysis. Newbury said the Housing Authority felt underutilized but understood the reason for Zemler's recommendation. In response to comments about the current conditions at Timber Ridge, Zemler said any concerns over safety or maintenance issues at the complex should be brought to him immediately. Cleveland said he was particularly in favor of establishing redevelopment parameters. "I think this is going in the right direction." Gordon moved to follow the recommended next steps but use the Housing Authority rather than the recommended committee to perform the parameter developments with Hitt seconding. Kaye Ferry spoke in support of the previous Open/Hillwood proposal for the redevelopment. "I think everything you are going to come up with in this new master plan has been decided over the past finro years." Daly said he would rather go forward with a mixed committee as opposed to just the Housing Authority. Gordon said the Housing Authority meetings were open to the public and if they wish to voice an opinion that opportunity exists., Newbury said she appreciated Gordon's effort to glean more information from the Housing Authority. The motion failed 2-4, with Gordon and Hitt voting in favor. Rogers then moved to uphold the staff recommendation with Daly seconding. The motion passed, 42, with Hitt and Gordon opposed. Rogers and Gordon were selected as the Council Members to sit on the committee. The fifth item on the agenda was Resolution No. 6, Series of 2008, establishing the 2008 Employee Housing Fee-in-Lieu. On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code. Housing Coordinator Nina Timm reported that in accordance with Sections 12-23-5 and 12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. Rogers moved to approve the resolution with Hitt seconding. The motion passed unanimously, 6-0. Timm verified the formula used to originally establish the fee- in-lieu was used for the 2008 update. The town's fee-in-lieu per employee is now set at $166,464 and the fee per square foot is $301.65. The sixth item on the agenda was an Incremental Revenue from Property Tax discussion. Finance Director Judy Camp explained estimates project property tax collections in,2008 to exceed the amount budgeted by $450,000 to $600,000. "Staff recommends depositing the incremental property tax revenue into the General Fund along with all other property tax as is our standard practice.° The impact of this action will be to increase the fund balance (reserves) in the general fund at a time of uncertainty in the U.S. economy and the real estate market. The annual budget process provides an opportunity to reassess the need to use fund balance in the event of any future reductions in property tax or other revenue sources. Daly said he believed the funds should be used to offset the town's Capital Projects Fund shortfall. Newbury reiterated Daly's thoughts. During a pause for public comment, Kathryn Benysh encouraged Council to offer a property tax 3 V rebate. Tom Steinberg encouraged Council to use the funds for the proposed West Vail Fire Station. Gordon clarified the funds could be tracked in the fund balance and appropriated to a specific project at a latec date. Hitt moved to budget the incremental property tax collections in the Capital Projects Fund with Daly seconding. Cleveland said he supported a rebate but did not want to risk the town's future by lowering the mill levy. "The Capitai Projects Fund is a perfectly suitable piace." The motion passed unanimously, 6-0. The seventh item on the agenda was a request to review a major amendment to Special , Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Comerstone Site, located at 1276 Westhaven Drive. (PEC070055): Community Development Director George Ruther explained to Council that on January 28, 2008, the PEC voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to SDD No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of. ttie Comerstone Site. Daly questioned the availability of parking as some of the site's parking had been sold. Mire explained the actual use of the space determined the actual parking requirement. Applicant representative Rick Pylman said the existing parking structure had 421 parking spaces and they were underutilized. "The Cornerstone site itself has always parked its own uses...We will come back to you with a building that does not have a GRFA issue.° Rogers asked if redevelopment required an 81 foot height to be profitable. Gordon asked if the only change in the project was the removal of the on-site employee housing units. Newbury said she personally would have a problem if the project did not have 50% of the required employee housing on site. Mire clarified that as an SDD it was a requirement that any modifcation to the property would have to come before Council. Pylman said he believed the enhancements to the chaidift plaza would be a public benefit. Gordon asked how the development would address skier drop-off. Hitt encouraged meeting the employee housing requirement on-site. He said he had been encouraged by a recent peer resort visit to Park City where employee housing is viewed as paramount. "I would be happy if you could find a way to put those (EHUs) back on site." Daly said, "My feeling is that the project should at no point exceed 71 feet...l fully endorse that as a new project under current guidelines the project should meet the new (EHU) requirements.T Rogers stated, "I don't see redoing the ticket office as sufficient enough to offset the type of variances you are asking for." Cleveland said 71 feet was the appropriate height. "Employee housing has got to be on site...l don't think it's unreasonable that half of the EHU requirement be on-site...fYs a terrible situation now, and without doing something it will ' only become worse." Liftside Condominiums legal representatives Beth Aires spoke in opposition to a 71 foot roof line on both towers of the project. She then encouraged Council to select the option that includes 61 and 81 foot towers. Liftside Condominium owner Miguel Marero said four to five condominiums would be directly impacted (blocked views) by the project. Campbell clarified there were no recorded view corridors in Cascade Village that would be protected by town code. Cleveland said he believed it was Council's preference that 50% to 100% of employee housing occur on site and. the height be.limited to 71 feet. Parking, snow removal and skier drop-off-also remained concems to Council. Gordon moved to table the item to May 20 with Hitt seconding. The motion passed unanimously, 6-0. 4 The eighth item on the agenda was the First reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision. Planner Nicole Peterson reported that on March 24, 2008, the PEC recommended approval of the request. The proposed additions would expand the floor area of the existing Chap's Restaurant by 1,405 square feet.and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request included an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. Applicant representative Rick Pylman gave a project overview. Destination Resorts Project Manager Rick Birchum said his company was attempting to update the property and improve guest amenities available in the hotel. He expressed concern that the project's employee housing requirement would equal 1/3 of the total project cost and requested Council waive the employee housing requirement for reasons stated in Attachment D of Staff s April 15, 2008 memorandum to the Council. Project architect Tobias Strough described the design of the proposed additions. Newbury asked how many guests could be fed in the conference center facility.. Birchum replied 250-300 guests. Daly asked how many EHU's, the Vai! Cascade controlled. Nina Timm, Housing Coordinator replied, 11 EHU's. Cleveland said he did not find Birchum's arguments (in regard to waiving the redevelopments employee housing requirement) to be very compelling. He commented it is easier to move seven to eight employees from the kitchen to the conference center, rather than 250-300 guests from the conference center to the kitchen. He stated, "I don't believe you will actually cut the number of employees." Daly moved to not provide waiver of the employee housing requirement with Rogers seconding. The motion passed unanimously, 6-0. Newbury moved to approve with conditions .the first reading of the ordinance with Rogers seconding. Daly added that staff validate the parking ana(ysis provided in Ordinance 10. The motion passed unanimously, 6-0. , The ninth item on the agenda was a Town of Vail request for the first reading of Ordinance No. 8, Series of 2008, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to establish requirements and procedures for public art in development projects. The ordinance clarifies the process for projects that have a public art component in their approved development plan. Rogers moved to approve the ordinance with Newbury seconding. Mire clarified the town requires a 125% performance bond on all public improvement projects. The motion passed unanimously, 6-0. The tenth item on the agenda was Resolution 9, Series of 2008, a resolution to amend Chapter 4, Recommendations - Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3. 5 Due to a predetermined conflict of interest (Vail Resorts affiliation) Mark Gordon recused himself from the item and left the Council Chambers. Public Works Director Greg Hal{ provided an overview of the 2007 Town of Vail Transportation Master Plan. Then Community Development Director George Ruther summarized the history of the LionsHead Redevelopment Master Plan (LRMP). Ruther expfained the PEC would use • the LRMP as a guideline for making a recommendation on the North Day Lot proposal. On April 14, 2008, the PEC forwarded a recommendation of denial to Council for amendments outlined in Resolution 9, Series of 2008. The purpose of the amendment would establish the basis by which the Noith Day Lot could be redeveloped with an employee housing project, transportation center, and future development site. Ruther said, "The circumstances of loading and delivery have changed since the LRMP was last visited (through the inclusion of the loading bay at the Arrabelle at Vail Square). "Have conditions changed that public transportation improvements are no longer needed in LionsHead...lt is staffs belief the answer to that question is no." Cleveland clarified Council was only addressing the LRMP specifically. Vail Resorts Chief Executive Officer Rob Katz stated, "Unless we have a meeting sometime in the next week this project is not going to go anywhere...As the applicant, we have no disagreement with the issues George raised." Hitt said, °Transportation on that site seems more important than being able to make 51 °!o of the site condominiums...l don't even think I need to worry about " amending the LRMP.° Rogers said skier drop-off needed to be addressed so Vail could regain its No.1 ski resort status. Hitt asked if the Arrabelle at Vail Square's loading and delivery bays were effective. Ruther answered it was too soon to tell as the bays had only recently become available. Daly reiterated that skier drop=off and employee housing were town priorities. Cleveland said he would not support moving the transportation center to the LionsHead~ parking structure or the West LionsHead area. "It's important that transportation, skier drop-off, shuttle drop-off be as close to the LionsHead gondola as possible...Using all of the ground level floor plate for transit meets all of the LRMP goals...The transportation function is primary on the ground level...l am completely supportive of getting rid of the loading and delivery ...ls this the place for a transit center, skier drop off, shuttle center...This is a site that has been recognized in the LRMP as a place for transportation for the past ten years." Katz said, "We have no issue with having a transit center on the site, we'll build it...l'm concemed about the complexity of the site and secondly, the cost." Katz expressed concern that the complexity of the project given time constraints imposed by a failure to meet requirements set forth in the Core Site Development Agreement made the project very difficult. "Our company needs active dialogue with the Council to make this project a success." Zemler said staff would return on May 6 with costs. * He also said perhaps Council would revisit the dates currently imposed on Vail Resorts. Daly said he believed the town was working toward simplification rather than making it more complex. Landmark Condominium Association representative Geoff Wright said the town has not included the Landmark in the most recent planning process as much as had occurred in the past. He said both the Landmark and Wesfinrind condominium association shouid be intimately involved in the transit center planning processes. He urged Vail Resorts to remove the current deed restriction on the LionsHead parking structure so a transit center for large buses could be built there. Westwind manager Steve McDonald asked Council to look elsewhere when considering a transit center. Representing the Vail Homeowners Association, Jim Lamont said we are looking clearly at transit as the only alternative to parking in the future. He then said the parcel had historically been contemplated as a transit location. Daly moved to approve the resolution with modifications, with Hitt seconding. Ruther clarified the modifications outlined by Daly precluded any future development other than 6 : a transit center on the bottom plate of the parcel and eliminated a loading and delivery component. The motion passed unanimously, 5-0. Gordon returned to the Council Chambers. The eleventh item on the agenda was Resolution No. 10, Series 2008; a Resolution Approving the Intergovemmental Agreement and a Lease Between the Town of Vail, Colorado and the Colorado Department of Transportation (CDOT) Regarding Sediment Control Storage Areas on the North Side of Interstate 70 at Approximately M.P. 178-179. Public Works Director Greg Hall reported town and CDOT were working toward expanding the sand storage berm in East Vail along the north side of I-70, along Tract A of the W 13'' filing (Bald Mountain Area). The work will be completed in finro phases over the next five to ten years. CDOT will be responsible for the construction of the East phase that is within the CDOT right-of-way and Tract A; and the town and CDOT will be jointly responsible for the West phase that is within CDOT right-of-way, Tract A, and an existing easement granted by the Bald Mountain Town Home Association to the town. The purpose for the berm is to provide sand storage as wetl as providing aesthetic and noise mitigation to the surrounding neighbors. During a pause for public commen#, Bald Mountain neighborhood resident Stephen Connolly questioned the extended timing of the CDOT easement. Representing the Vail Homeowners Association, Jim Lamont clarified the town continued to work with and meet the expectations of the affected neighborhood. Newbury moved to approve the resolution with Rogers seconding. The motion passed unanimously, 6-0. The twelfth item on the agenda was Resolution No. 12, Series 2008, a Resotution Amending the Town of Vail Public Way Permit Fee Schedule. Town Engineer Tom Kassmel told Council that on April 4, 2006, Council adopted Resolution No. 5, Series 2006 changing the Public Way Permit Fee Schedule from a flat fee to a rate schedule which is relative to the impact of the street cut or use of the public way and which may be amended from time to time by resolution. The proposed amended Public Way Fee Schedule provides a Core Area Heated Streetscape fee and raises the application fee from $50 to $100. Newbury moved to approve the resolution with Rogers seconding. The motion passed unanimously, 6-0. The thirteenth item on the agenda was the Second Reading of Ordinance No. 7, Series of 2008, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein. Budget and Financial Reporting Manager Kathleen Halloran introduced the first supplemental. Daly then suggested a few small changes in the process. He asked for a way to track a projecYs original budget. He also recommended the item be tabled so rollovers on maintenance-related projects cduld be more clearly identified. Public Works Director Greg Hall explained the Real Estate Transfer Tax (RETT) Fund was not made up of only capital items as some maintenance and operations come out of the budget as well. Daly requested that in future supplementals, maintenance and operating items be excluded from "roll-overs," but if additional funds are needed they be specifically . 7 ~ requested as a part of the supplemental. Daly moved to approve the supplemental with Rogers seconding. The motion passed unanimousty, 6-0. The fourteenth item on the agenda was Adjoumment. Newbury moved to adjourn with Cleveland seconding at approximately 11:05 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: ' Lorelei Donaidson, Town Clerk ~ Minutes provided by Corey Swisher. f , 8 . MEMORANDUM TO: Town Council . FROM: Community Development Department and Chamonix Advisory Committee DATE: May 6, 2008 SUBJECT: Information Update Staff: Chamonix Site Master Plan Advisory Commitfee 1. PURPOSE The purpose of this memorandum is to: 1. Present an overview of progress made by the consuttant team to develop three (3) site plan concepts ("options") for the Chamonix site; 2. Provide an overview of the Advisory Committee meeting held April 11, 2008 to review and comment on the three options; and 3. Provide an update regarding the next Advisory Committee and neighborhood meetings scheduled on May 7, 2008. II. BACKGROUND On March 4, 2008, the Vail Town Council re-affirmed, with modifications, the planning goals and design parameters originally adopted by the Council on January 22, 2008, for the Chamonix Site Master Plan project. Also at the March 4, 2008, meeting, the Council authorized Staff and the consultant team to proceed with conceptual design work for the Chamonix Site. On April 11, 2008, the Chamonix Site Advisory Committee held a meeting to review three (3) preliminary site plan concepts (Attachment A) for the site and provided feedback and suggestions to the Staff and consultant team. The Committee favored a combination of "Option 2" and portions of "Option 3". Comments from that meeting include: • In any fire station design scenario, the design must account for backing of equipment and the associated noise; • Use positioning of the fire station building and associated fire departmenUTown employee housing to "wrap" or enclose equipment - bays and to provide a better visual and noise barrier between the fire station, the adjacent Shell Station and the adjacent neighborhood; • Consider an access control gate to separate residential from emergency services uses and traffic circulation; • Reduce or eliminate new driveway access points on Chamonix Lane; • Must consider CDOT access standards and the potential need to request a variance from CDOT for access points less than 150' form the round- about; • Align internal circulation access point on Chamonix Road, to be across from the existing driveway at First Bank; • Ensure that proper turning radii is provided within the fire station portion ' of the site for emergency services vehicles; • Explore locating fire department housing within a third story of the fire station, rather than in a separate building, to preserve more buildable space on the site for residential uses and open space/common areas; • Option 3("Parking Garage Option") may be too dense/urban and cost prohibitive; _ • Option 3, or a combination of Options 2 and 3, may be desirable if redesigned to accommodate better separation between lower density duplex structures and higher density town-home and condominium buildings; • Study revising plans to better integrate higher density, for-sale residential units with fire department/Town employee housing and to provide a better visual and noise barrier between the fire station, the adjacent Shell Station and the adjacent neighborhood; • Concepts should include more "New UrbanisY" design concepts to minimize auto-oriented design solutions (such as solutions presented in Option 3). Staff traveled to Aspen on April 17, 2008, to work with the consultant team to refine ideas and revisions generated from the Committee's comments. . On May 7, 2008, Staff will host the next Committee meeting, to be followed by an evening neighborhood meeting, to review the most recent, revised site plan concepts. The intent of these meetings will be to gain feedback from stakeholder groups prior to commencing with any further design development of plans. III. STAFF RECOMMENDATION: No action is requested or required of the Council. MEMORANDUM . TO: Town Council FROM: Community Development Department DATE: May 6, 2008 SUBJECT: Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Applicant: Town of Vail, Represented by Nina Timm, Housing Coordinator Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST , The applicant, Town of Vail, is requesting a first reading of Ordinance No. 1, Series of 2008, for text amendments to Chapters 12-23, Commercial Linkage . and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating• employee housing requirements, and setting forth details in regard thereto. The Planning and Environmental Commission requested that Staff prepare text amendments to articulate the Town's prioritization of the employee housing mitigation methods and to clarify the basis upon which an employee housing plan should be evaluated. Based upon input and, direction from the Vail Local Housing Authority at their December and February meetings, and from the Town Council at their January retreat, and the Planning and Environmental Commission; Staff has drafted proposed text amendments that prioritize the Inclusionary Zoning and Commercial Linkage mitigation methods and establish a • set of review criteria for evaluating a housing plan. Staff has taken this opportunity fo also address numerous minor "code clean-up" items relevant to the inclusionary zoning and commercial linkage regulations. Since the Planning and Environmental Commission's review of the proposed text amendments, the Town's legal council has recommended minor formatting corrections to' specific sections of the proposed• ordinance. Staff has incorporated these formatting corrections into Ordinance No. 1, Series of 2008, (Attachment A) which has been attached for reference. II. BACKGROUND At its December 11,. 2007, public hearing, the Planning and Environmental Commission directed Staff to bring forward recommendations for amendments to Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. 1 ' The Vail Locaf Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that one-half the required employee housing mitigation be required on-site for new construction and demo/rebuild projects. The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. At the Town Council's January 22, 2008, Council Member retreat and again at ifs subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. The proposed amendments to the Commercia! Linkage and Inclusionary Zoning standards were discussed by the Planning and Environmental Commission at its February 11, 2008 public hearings. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Vail Local Housing Authority at its February 14, 2008, meeting. . On February 25, 2008, the Planning and Environmental Commission voted 43-0 (Gunion,'Proper, and Viele opposed) to focward a recommendation of approval, with modifications, for text amendments to the Commercial Linkage and Inclusionary Zoning employee housing mitigation requirements. In summary, the Vail Local Housing Authority and the Planning and Environmental Commission are both recommending that no less than one-half of the employee housing mitigation requirements for new and demo/rebuild projects be provided by "on-site units". The remaining one-half (1/2) of the emptoyee housing requirements for such . projects, and the entire requirement for all other types of applicable development projects, would be addressed through the any combination of the five available mitigation methods (i.e. on-site units, conveyance of property on-site, off-site units, conveyance of property off-site, payment of fee-in-lieu). Developers will be allowed to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town . for review. Numerous clarifications and "clean-ups" to the Commercial Linkage, Inclusionary Zoning, and severalother related regulations have also been incorporated into the proposed ordinance. The "clean-ups" do not create any substantive policy changes. On March 18 and April 15, 2008, the Town Council held work sessions to discuss the proposed amendments. • - 2 III. CRITERIA FOR REVIEW The criteria outlined in Section VI of Staff's March 10, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special develT ment district. The following is an excerpt from the Section VI of Staff's March 10 memorandum: "1. The extent to which the texf amendment furthers the general and specific purposes of the Zoning Regulations; and These regulations were adopted in April, 2007, and mitigation was intended to provide developers with prescribed employee housing mitigation requirements. As implementation of the requirements has occurred, it appears there is a need to clarify requisite Employee Housing Plan expectations to achieve desired outcomes as well as better define certain aspects contained within the regulations. Staff believes the proposed text amendments clarify the existing regulations and wiU continue to further the general and specific purposes of Title 12, Zoning Regulations, and Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning. Sfaff believes the proposed text amendments are consistent with the Zoning Regulation's general purpose `to promote the coordinated and . harmonious development of the Town in a manner fhat will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. " Staff believes the proposed text amendments are consistent with the Zoning Regu/afion's specific purposes: "3. To promote safe and efficient pedestrian and vehicular traffic. , circulation and to lessen congestion in the streets. 4. To promote adequate and appropriate/y located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. , 11. To otherwise provide for the growth of an orderly and viable community. Staff also believes the proposed text amendments are consistent with the purposes of the Employee Housing, Commercial Linkage, and Inclusionary Zoning chapters of the Zoning Regulations that state: . 3 "92-93-9: Purpose: The town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. . To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living . and working condifions for the community's work force. The town recognizes a permanent, year round population plays an importanf role in sustaining a healthy, viable communify. Further, the fown recognizes its role in conjunction with the private sector in ensuring housing is availa6le. u "12=23-1: Purpose and Applicability.• The purpose of this chapter is to ensure. that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment." "12-24-1: Purpose and Applicability: The purpose of this chapter is to ensure that new residential development and redevelopment in the town of Vail provide for a reasonable amount of employee housing to mitigate fhe impact on employee housing caused by such residenfial development and redevelopment." . 2. The extent fo which the text amendment wou/d better implement and better achieve the applicable elements of the adopted goa/s, objectives, and policies outlined in the Vail Comprehensive Pian and is compatib/e with. the development objectives of the Town; and As Commercial Linkage and Inclusionary Zoning only address a small percentage of net new employees generated by new development and redevetopmenf it is imperative that each development mitigate a portion of its own employee housing requirements on-site. Looking into the future there will be no alternatives to providing employee housing within the Town of Vaii. , As Staff began to analyze fhe five approved mitigation methods to understand what modffications may be required to "equalize" the value of each of the mitigation methods it became apparent that if the community preferred on-site mitigation this was only going to be achieved by requiring on-site mitigation. lnitially Staff looked at small incremental 'increases to each of the methods in order, . to create parity. Through analysis it became apparent that ensuring on-site is the preferred ' mitigation method and on par with fee-in-lieu or other mitigation methods, dramatic changes would be necessary and would likely still not create the desired on-sife mifigafion outcome. A copy of this analysis has been attached for reference (Attachment 8). /n arder fo ensure on-site mitigation, fhe draft Ordinance reflects the policy direction of the Housing Authority and the Commission that no less than one-half (912) of the required mitigation be provided on-site for new 4 consfruction and demo-rebuilds. The draft Ordinance also weights the remaining methods of mitigation to further incent on-site employee housing mitigation. To address developer's concerns about predictability, the proposed amendments provide developers with the most predictable employee housing review process possible. It. clearly identifies and requires the community's most valued employee housing mitigation method while allowing relief from the requirement if.- • It would be contrary to the intent and purpose of the applicable zone district; • It would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives; or • There are unique conditions or circumstances that exist on fhe site or structure. Codifying this specific on-sife requirement creates a c%ar understanding for developers of the Town's goals and expectations related to employee housing mitigation. This specific requirement is also the most effective and efficient means available to the Town to achieve its stated goal of creating on-site employee housing mitigation units. , Based upon Staff's analysis comparing the various available mitigation methods (see Attachment 8), it does not appear that "Weighting" the various methods can effectively ensure developer will choose to construct on-site units as desired by the Town. Given, the assumptions in the analysis, off-site mitigation would need to be weighted by increasing the mitigation rate to more than 100% of the net new employees to effectively incentivise developers to construct on-site units. Such a requirement would be considered illegal, since mitigation can not be required for more than any net new impact. Additionally, a solely incentive based regulation would not provide developers with clear expectations related to employee housing mitigation requirements. To address the Commission's request for flexibility, a finding is proposed to provide a developer relief from the on-site unit mitigation requirement • That the method of mitigation proposed better achieves the intent of this Chapter than fhe on-site mitigafion method. Current employee housing regulations include two substantial bonuses to developers for constructing on-site EHUs: • EHUs are excluded from the calculation of density (i.e. the maximum allowable number of units per acre) • EHUs are excluded from the calculation of GRFA (i.e. the maximum allowable floor area) 5 The Commission has requested additional incentives be provided including: building bulWmass incentives (i.e. increase in building height) reductions in setbacks, increases in site coverage, etc. will conflict with the Town's adopted. master plans and the purposes of many zone districts. Staff believes allowing variations to the Town's adopted parking standards for on-sife EHUs will create substantial incentives for developers to provide on-site employee housing units. A reduction in the required parking for an on-site EHU is also consistent with the recommendations of the Lionshead Redevelopment Master Plan. The following is a list of additional incentive options for consideration; however, Staff does not believe any of these options will have a ' signiricant affect upon a developer's decision to construct on-site EHUs. • Waivers of building permit. fees related to on-site employee housing units. • Rebate of the Construction Use Tax related to the construction of on-site employee housing units. • Rebate of Planning Fees related to a development project that provides on-site employee housing units. . • Waivers of the Recreation Fees related to on-site employee housing units. e Waivers of the Trafric Impact Fees generated by the on-site employee housing units. Staff believes the proposed text amendments would better implement and better achieve the following adopted goa/s, objectives and policies of the Vail Land Use Plan: "5.1. Addifional residential growth should continue , to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives; provided by ' the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place ' demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout fhe community." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Vail Village Master Plan: . .6 _ "Goal #2: To foster a strong tourist indusfry and promote year- around economic hea/th and viabilify for the village and for the community as a who/e. " "2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2. 6.1 Policy: Employee housing; units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. 2.6.2 Policy: Employee housing, shall be developed with appropriate restrictions so as to insure their availability and affordability to the /ocal work force. 2.6.3 Policy: The Town of Vail may facilitafe in the development of affordable housing by providing limited assistance." Staff believes the proposed text amendments would better implement and better achieve the following adopted goals, objectives and policies of the Lionshead Redevelopment Master Plan: "4.1 Housing Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have identified the lack of locals housing as the mosf critical issue facing the, Vail community. 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master p/anning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these comp/exes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yef, Keystone property managers have not observed a parking sho?tage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goa/s in Lionshead is through policy based reguirements such as the employee ' generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent ' possible this housing should be located in the Lionshead area. " 7 Staff believes the proposed text amendments would better implement and better achiev`e the following adopted goals, objectives and policies of the Vai! 20120 Strategic Plan: "Land Use Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. . Actions/Strategies Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the tawn. • Address the zoning regulations to provide more incentives for developers fo buiid employee housing units." _"Housing Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs . and keeps more employees living in the town, and will, provide for enough deea?-restricted housing for at least 30 percent of fhe workforce through policies, regulafions and publicly initiafed development. , Actions/Strategies: , • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. " Staff believes the proposed text amendments would better implement and . better achieve the following adopted goals, objectives and policies of the . Eagle County Housing Needs Assessment: "Develop county-wide commercial linkage and inclusionary zoning programs. Requiring_ employers to provide housing for employees ' is supported by neariy 70% of the county's residents. Well over half support requiring that a percentage of all new homes be , designated for employee housing. Develop affordable housing throughout the county except for seasonal workers, whose housing should be concentrated in Vail. " 3. The extent fo which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and haw the existing regulation is no longer . appropriate;or is inapplicable; and Staff believes the proposed text amendments are a response to the actual implementation of new regulafions adopted in April, 2007. These , regulations allow. developers full discretion to choose which existing 8 employee housing mitigation works best to their advantage. However, • the results of these existing regulations are not achieving the Town's stated goals and priorities of creating additional on-site units. A system of incentives, or disincentives, has been created to encourage the construction of more on-site units. This approach further complicates the Commercial Linkage and lnclusionary Zoning regulations and stiU does not ensure the community will achieve its housing goals. Therefore, the Housing Authority's recommendation that half fhe employee housing mitigation requirement be provided on-site has been incorparated into the draft Ordinance. Staff believes the proposed text amendments are necessary to more clearly state the community's goa/ of creating on-site employee housing and are necessary to achieve this goal in a simple and direct manner. 4. The exfent to which the text amendment provides a harmonious, convenient, workable relationship among /and use regulations consistent wifh municipal development objectives. Employee Housing Units are allowed in 23 of the Town's 26 zone districts. They are only prohibited in Heavy Service (the three existing gas station sites) and two of the open space districts (Natural Area Preservation District and Outdoor Recreation District). As permitted or conditional uses, the construction of Employee Housing Unifs in these 23 , zone districts is, encouraged and is inherently consistent with the Town's deve/opment objectives. As described in criteria #1 and #2 above; employee housing requirements in general and employee housing regulations specifically related to on- site units are consistent with the goals and objectives of fhe Town's Zoning Regulafions, Land Use Plan, Vail Village Master Plan, Lionshead Redevelopment Master Plan, 20120 Strategic Plan, and the Eagle County Housing Needs Assessment. Staff believes the proposed text amendments will confinue to facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. Staff has modified the draft Ordinance since the Commission's last public hearing on February 25, 2008, to reflect input from the Housing Authority, the Commission, and Staff. " 9 ' IV. STAFF RECOMMENDATION The Community ' Development Department recommends the Town Council approves Ordinance No. 1, Series of 2008, on first reading to amend Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code; to establish standards and criteria related to mitigating employee housing requirements, 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 Gouncil approves, on firsf reading, Ordinance No. 1, Series of. 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vai! Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum dated March 10, 2008, and the evidence and tesfimony presented; and, 2. That the amendments further the general and specific purposes of Zoning Regulations, based upon Section VI of the Stafif inemorandum dated March 10, 2008, and the evidence and testimony presented; • and, 3. That'the amendments promote the health, safety, morals, and general • welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff inemorandum dated March 10, 2008, and the evidence and testimony presented. " V. ATTACHMENTS Attachment A: Ordinance No. 1, Series of 2008 10 Vail Town Council Attachment: A ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTtAL DISTRICT; 12-61), TWO-FAMILY PRIMARYISECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSIIVG DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-76, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-71), COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD AAIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, . SKI ' BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-913, PARKING DISTRtCT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, 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, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; 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 VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, 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 VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, 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 1 Ordinance No. 1, Series of 2008, first reading environment and its established character as a resort and residential community of the highest qua(ity, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare wi!l be served. by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definifions, of the Vail Town Code is hereby amended as fo(lows (text to be deieted is in stFokethFsugh, text thaf is to be added is bold. Sections of text that are not amended have been omitted.) , . 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. . . B. Stairways. C. Elevators. D. Common hallways. E. 'Common lobbies. ' F. Common restrooms. , G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in str+kethFoug#, text that is to be added is bold. Sections of text that are not amended have been omittetl.) 12-6A-2: PERIIJIITTED USES: The following uses shall be permitted in the HR district: Single-family residential iiwellings. . 2 Ordinance No. 1, Series of 2008, first reading ' Employee Housing Units, as further regulated by chapter 13 of this title. , , • Section 3. Article 12-66, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#F+ke#hreug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-613-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type 11 ' Employee Housing Units, as further regulated by chapter 13 of this title. • Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#ikethteug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12=6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type-E ' Employee Housing Units, as further regulated by chapter 13 of this title. , • , , Section 5. Article 12-6D, Two-Family Primary/Secondary Residential Distcict, of the Vail Town Code is hereby amended as follows (text to be deleted is in r*ikethr-eug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. T-ype-4 ' Employee Housing Units, as further regulated by chapter 13 of this title. . Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#Foke#hr-edg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: . The following uses shafl be permitted in the RC district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. 3 Ordinance No. 1, Series of 2008, first reading I Single-fami{y residential dwellings. Two-family residential dwellings. T-ype-t~ Empioyee Housing Units, as further regulated by chapter 13.of this. title. 12-6E-3: CC?NDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-1418 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-1412 of this title. Private clubs. Professional office, as further reguiated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. , Pubiic or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. T-ype-III . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in StFikethFOUgh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Mulfiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings: Two-family residential dwellings. , T-ype I~ Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-1418 of this.title. , Dog kenneis. < Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-1412 of this title. , Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. 4 Ordinance No. 1, Series of 2008, first reading Type "I - Employee Housing Units, as further regulated by Chapter 13 of this,Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in 6#fik8thFeUg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regu(ated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is-hereby amended as follows (text to be deleted is in s#f+kethFeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Type-I-1~ ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6H-3: CONDITIONAL USES: 5 Ordinance No. 1, Series of 2008, first reading The following 'conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in' accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-1418 of this title. _ Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-1412 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation faciiities. Public parking structures. Public transportafion terminals. Pubiic unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Titte. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#i:+IEe#hr-eugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. , • Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: , The following conditional uses shall be permifted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as deterrnined by the planning and environmental commission) to the use of employee housing and specifically serving the nesds of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. 6 Ordinance No. 1, Series of 2008, first reading Personal services, inciuding, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. . Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwel(ing units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. . Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type-W ' Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethFedg#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shail be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of . a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-1418 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this'title. Healthcare facilities. • Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying befinreen ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Pub(ic and private schoo(s. 7 Ordinance No. 1, Series of 2008, first reading Public buildings, grounds and facilities. • Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. ' Public utility and public service uses. Religious institutions. Ski lifts and tows. . , Theaters and convention facilities. Type-~ . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-76, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deieted is in stFiks##reug#, text that is to be added is bold. Sections of texf that are not amended have been omitted.)- 12-7B-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. T-ype--I~ employee housing units, as further regulated by chapter 13 of this title. 12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or sfreet level within a structure: ' 4. T-ype-1-1~ ' Employee Housing Units, as further regulated by chapter 13 of this title. ' 12-7B-4: PERMITTED AND CONDlTlONAL USES; SECOND,FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: 8. T-ype-E~ ' 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. 8 Ordinance No. 1, Series of 2008, first reading T-ype 11! • Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-76-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shalt be permitted on any floor above the ' second floor above grade: Lodges. Multiple-family residential dwellings. , T-ype-1~ uniti; 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 grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: , 8. Type-411 . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in 6tFiket#Fsug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. , Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. 9 Ordinance No. 1, Series of 2008, first reading Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. , Chinaware and glassware stares. Delicatessens and specialty food stores. , Department and general merchandise stores. - , , Drugstores. Efectronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. ' - ' Hardware stores. Health food stores. - Hobby stores. ' Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. ' Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. T~~}~ ' Employee Housing Units., as further regulated by chapter 13 of this title. I Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions. of this section. 12-713-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-1418 of this title. Brew pubs. Child daycare center. ' Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. _ Massage parlors. 10 Ordinance No. 1, Series of 2008, first reading Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s~tFikethFeug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops: Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. . Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. ' Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. . Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. , 11 Ordinance No. 1, Series of 2008, first reading Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. ' Newsstands and tobacco stores. Pet shops. ' Photographic studios. - Radio and television broadcasting studios. ~ Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. , Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted'by section 12-7E-3 of this article, which is not conducted entirely within a building. • Bed and breakfasts as further regulated by section 12-1418 of this title. Bowling alley. - Brew pubs. " Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family residential dwellings and lodges.. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. - Private parking structures. - ' Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. - Public utility and public senrice: uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. • Employee Housing Units, as further regulated by Chapter 13 of this Title. ' 12 Ordinance No. 1, Series of 2008, first reading Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#f+ke##FeUga, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Persona( services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall,be permitted on the first (street). level: Beauty and barber shops. . Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. . Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: . A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-1418 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. ` Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. 13 Ordinance No. 1, Series of 2008, first reading Service yards. Transportation businesses: Employee Housing Units, as 'further regulated by Chapter 13 of this Title. Section 16. Article 12-71-1, Lionshead Mixed Use 1 District, -of the Vail Town Code is hereby amended as follows (text to be deleted is in stFikethfeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare cenfers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business affices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. - Travel and ticket agencies. Type-1 " Employee Housing Units, as further regulated by chapter 13 of this title. . Additional uses determined to be similar to permitted uses descri6ed in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-1-3: FERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.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. T-ype-I-t~ ' 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. 92-71,14 PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. - Attached accommodation units. Lodges. • 14 Ordinance No. 1, Series of 2008, first reading Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and ef t#isti#le. Type-1V ' Employee Housing-Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of. section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vaif Town Code is hereby amended as follows (text to be deleted is in StFikethr-oug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted iri 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. Type1 ' 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. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.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. Y"-~,pe-I1~ ` 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. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 15 Ordinance No. 1, Series of 2008, first reading A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and of thes totle) Type 1 ' 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 12-34of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in 6tf+IEethFeug#, text that is to be added is bold. Sections of text that are not amended have been amitted.) 12-8A-3: CONDITIONAL USES: The folfowing conditional uses shall be permitted, subjeet to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than finro hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Artic{e 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in &trike##mugh, text that is to be added is . bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, ° subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: - Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-1418 of this title. Child daycare center. Food and beverage cart vending. ' . Public; private or quasi-public clubs. • Recreation room/minor arcade. Redevelopment of public parks, playgrounds. - Redevelopment of ski lifts and tows. 4 Redevelopment of ski racing facilities. 16 Ordinance No. 1, Series of 2008, first reading Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfilEe##mug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of.this title. Section 21. Article 12-913, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stFikethFaug#4, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-96-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on wfiich, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee Housing Units, as further regutated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deieted is in StFikethFeug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) : 17 Ordinance No. 1, Series of 2008, first reading 12-9C-3: CONDITIONAL USES: A.Generally: The following conditiona{ uses shall be permitted in the GU distric#, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. . Helipad for emergency and/or community use. . . Major arcades. - Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. ' Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. , Public and quasi-public indoor community facilities. Public buiidings and grounds. Public parking structure. ' Public theaters, meeting rooms and convention facilities. - Public tourisUguest service related facilities. Public transportation terminals. Public unstructured parking. ' . Public utilities installations including transmission lines and appurteriant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follouvs (text to be' deleted is in s#Aket#feugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 18 Ordinance No. 1, Seriss of 2008, first reading 12-13-4: REQUIREMENTS BY EIIAPLOYEE HOUSIIVG UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximum Density permitted by right or Transference 9 GeueFage Coverage / Reduced CrediUStorage GRFA of an EHU by conditional use Landscape Area Requirement Type I Permitted Use: 6R€A> SITE COVERAGE: Allowed 300 sq. ft. Per Chapter Gea?#s The Primary/Secondary eFtFans#eFr-ed-as The EHU is entiUed to 7he site is entiUed to of garage area per 12-10 as a N/A EHU is Residential, an additional 5A8 550 an additional 5% of enclosed vehicie dweliing unit. ailowed as Two-Family PFOPeAy: sq. ft. GRFA site coverage for the space at a 2A4 a second Residential EPfevieU6Iy FBqUiFed deduction. EHU. . maximum of 2 unit on the (al4-wit# only on lots deed parking spaces " roPe P rtY• less than 14,000 sq. uails-Ee-aNew sale) LANDSCAPE AREA: (600 sq. ft.). , ft. in size) The EHU may be sold The site is entitled to All units not or transferred a reduction of corrstructed with a separately, landscape area by garage shall be 5% (reduced to 55% required a minimum of site area) for the 75 sq. ft. of storage , EHU. area in addition to normal closet space. This 75 sq. ft. shall be a credit for stora e onl . Type II Permitted Use: The EMU shall not-be The EHU is entitled to N/A Ailowed 300 sq. ft. Per Chapter BvveRirigThe EHU is Single-Family sold or transferred an additional 5A8 550 of additionai garage 12-10 as a 300 sq. ft. min. and allowed as.a Residential, Two- separately from the unit sq. ft. GRFA sFedi~. area for the EHU. dwelling unit. 1,200 sq. ft. max. 3r4 third unit Family Residentiai, it is associated with. deduction. Atl units not on property. Primary/Secondary constructed with a goes nG Residential garage shall be Gountas required a minimum ~soty. Conditiona! Use: 75 sq. ft. of storage Agriculture & Open area in addition to Space normal closet space. This 75 sq. ft. shall be a credit for stora e orr! . i'ype III Permitted Use: The EHU may be sold P8F ' , N/A N!A Per Chapter A. Dwelling unit: Alet Gsunted Lionshead Mixed Use or transferred Type-111-€kUs-aFe 12-10 as a 300 sq. ft. min. and as-deasity: 1 separately. dweNing unit. 1,200 sq. ft. max. The EHU 1s Lionshead Mixed Use " . B. Dormitory unit:: excluded 2 The EHU is from the Conditional Use: excluded from the heusesnet Fne calculation Residential Cluster calculatlon of thap-f'ive(5) .perseas of density. Low Density Multiple- GRFA. aFids Family ' seMFRea-IENsk~eR Medium Density Multipie-Family ~ High Densiry Mu(6ple- FRiMMUM Gf Family Public e€-6€E€A 200 sii.ft. 19 Ordinance_No. 1, Series of 2008, first reading Accommodation min. for_each person Public Accommodation 2 occupying the EHU. ' - " Commercial Core 1 Commercial Core 2 - Commercial Core 3 Commercial Service Center Arterial Business - Parking District General Use Heavy Service Ski Base/Recreation . Ski Base/ Recreation • 2 Special Development - DisVict Type tV Any dwelling unit may The EHU may e* be N/A N/A Per Chapter SMaN-be be designated and sold or transferred by-zeRiag-GA 12-10 as a by-zeakag-era determiA" deed restficted as a separately, gy-zeaing-er~ PMPeFty. dwelling unit. pFeSeFEy. 2eAiagea Type IV EHU, unless PFOPeFty- N!A N/A PrGp8FY. already designated as The EHU is an EHU. calculated as denslty. Type IV-CL Permitted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-23, The EHU is (Commercial My dwelling unit or transferred 12-10 as a Commercial calculated as Llnkage may be designated separatefy. The EHU dwelling unit. Linkage density. mitigation and deed restricted shall be linked to a - unit) as a Type IV-CL specific Commercial EHU, unless already Linkage employee designated as an housing mitigation • EHU. requirement. Type N-IZ Permitted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary My dwelling unit or transferred 12-10 as a Inclusfonary calculated as Zoning maybe designated _ separately.* The ENU • dwelling unit. Zoning density. mitlgation and deed restricted shall be,linked to a . unit) as a Type IV-IZ EHU, specific Inclusionary unless already Zoning employee designated as an housing mitigation ° - EHIf. requirement. Type V Permitted Use: The EHU shall not be The€w"-is+iet N/A Tqe€kU-is-aet Per Chapter 1,200 sq. R. max. The EHU is Hil(side Residentiai sold or transferred 12-10 as a allowed separately from the unit 6RFA: gaFageaFea-sFedweiling unit. seunts as a it is associated with. N/A N/A second 2nd unit on the property. 20 Ordinance No. 1, Series of 2008, first reading Type VI Conditional Use: As govemed by the Allewab{e-sike #iequ+FefaeaEs-shaN Per Chapter A'Iowable GPrNewable Housing management plan. be As determined by ceverage-afld be As determined 12-10 as a s#aall-be As deasity~shall , Shall not be subdivided the PEC. by the PEC. dwelling unit determined by the be As or divided into any form be As determined by or-as-Feqt+ired PEC. determined by of time share, interval the PEC. ;o° °EG-. the PEC. ownership, or fractional or a parking fee unit. management plan per Article 12-61, Housing District Type VII-CL Permitted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-23, The EHU is (Commercial High Density ' or transferred excluded from the 12-10 as a Commercial excluded Linkage Multiple Family, separately. The EHU calculation of dwelling unit Linkage from the mitigation Housing District, shall be linked to a GRFA or a parking calculation unit) Public specific Commercial management of density. Accommodation, Linkage employee plan per Public housing mitigation Chapter 12- Accommodation 2, requirement. 23, Commercial Core 1, Commercial Commercial Core 2, Llnkage Commercial Core 3, Commercial Service Center, Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 21 Ordinance No. 1, Series of 2008, first reading TypeVll-IZ Permitted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary Permitted Use: or transferred excluded from the 12-10 as a Inclusionary excluded Zoning High Density separately. The EHU catculation of dwelling unit " Zoning from the mitigation Multiple Family, shall be linked to a GRFA. or a park(ng ' calculation unit) Housing District, specific Inclusionary management of density. Public Zoning employee plan per Accommodation, housing mitigation Chapter 12- Public requirement. U, Accommodation 2, Inclusionary Commercial Core 1, Linkage. Commercial Core 2, . Commercia! Core 3, Commercial Service Center, Arterial Business, General Use, Lionshead Mixed Use 1, " • Lionshead Mixed Use 2, Ski _ Base/Recreation, SklBase/Recreation 2, Parking Distriat,. and Special Development Distrlcts 22 Ordinance No. 1, Series of 2008, ftrst reading Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby . amended as follows (text to be deleted is in s#dkethFgUgh, text that is to be added is bold): 12=23-1: PURPOSE AND APPLICABILITY: A. The purpose of.this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. ~ B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Fublic Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU 1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and • 16. Specia! Development (SDD). C. The requirements of this Chapter shall be in addition to all other ~ requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 23 Ordinance No. 1, Series of 2008, first reading 12-23-2: EMPLOYEE GENERATION AND MITiGAT10N RATES: A. The employee generation rates found in Table 23-9, Employee Generation Rates by Type of Commercia! Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation 'rate by consulting the Town's currenfi nexus study. : . TABLE 23-1 . EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE ' Type of Use Employee Generation Rates Retail Store/Persanal • 2.4 Employees per 1,000 feet af new " Service/Repair Shop net floor area Business Office and Professional 3.2 Employees per 1,000 feet of new Office (excluding Real Estate net floor area Office) Accommodation UniULimited 0.7 Employees per net new units Service Lodge Unit Real Estate Office 5.1 Employees per 1,000 feet of new . net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Faci{ity 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of ' new net floor area ' Spa 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee , generation rates contained in Table. 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commerciai development or redeveiopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, 'or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, Series of 2008, first reading For example, for a development proposing 2,500 square.feet of new net floor area for an eating and drinking establishment, the equation would be as foliows: ((2,500 square feet = 1,000 square feet) x(6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of . Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of (GRFA) Employees Housed Dormitory 250 1 Studio 438 1.25 One-Bedroom 613 1.75 Two-Bedroom . 788 2.25 Three or More - 1,225 3.5 Bedroom B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: - 25 Ordinance No. 1, Series of 2008, first reading a. Proximity or availability of aiternative modes of transportation including, but not timited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the nu'mber of cars for each unit. c. A demonstrated permanent program including, but- not limited to, rideshare programs, car-share programs, shuttie service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. , seA#el. - 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net . floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: , The following'shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. . The construction of EHUs. 12-23-6: METHODS OF M1TlGATION: A. For all new construction (i.e. development that does.not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('/z) the mitigation of employee housing.required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sote discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: 26 Ordinance No.1, Series of 2008, first reading a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district, b. Implementation of the on-site unit mitigation method , would be contrary to the goals of the applicable elements of the Vaii Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. - 3. At the sole discretion of the applicable governing body, an appticant may provide on-site docmitory style units. 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-613 below. X B. For a1F development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a• , , , . All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 27 Orcfinance No. 1, Series of 2008, first reading b. &FFAitery , , , . DBYe'GPFAeFIt . , At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole ' discretion af the Town Council. This method does not mitigate the on- , site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within .the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole- discretion of the Planning and • . Environmental Commission, an applicant may provide off-site dormitory units, unless -the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. , , . a. The fee-in-lieu for each 'employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the.amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. 28 Ordinance No. 1; Series of 2008, first reading 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, evenif those regulations change after the EHUs are constructed. B. It shall be the applicanYs responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan eF which includes the following: 1. Calculation Method: The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; . 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial ` development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 29 Ordinance No. 1, Series of 2008, first reading 6. Off-Site Conveyance Request. A request for an off-site - conveyance shall include a brief statement explaining the basis for the request; 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement.of less than 1.25 employees. 2. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development phip is located within a Special Development District; or the plan includes a request to convey property., ' , oth , . 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body 'shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of . the Vail Comprehensive. Plan and the development objectives of the Town. 0-. C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter; the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. D. An approved employee housing plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this. Chapter. ' At the discretion of the Administrator, minor amendments that do not atter the basic intent or methodology of the plan may be approved, or approved ( with modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, first reading 12-23-9: OCCUPANCY AND DEED RESTRICTtONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fe#ed and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to feAt occupy the EHU, Fental efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one tenant person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends fhat the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and . Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of 31 Ordinance No. 1, Series of 2008, first reading this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project - under consideration to ensure that there is no unlawful uncompensated taking. C.- Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the-Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in ;kethr-eugh, text that is ta be added is bold): 12-241: f'URPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development.and redevelopment. B. This Chapter shall apply to all new, residential development and redevelopment located within the following zone districts, except as provided in Section 12-245: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 32 Ordinance No. 1, Series of 2008, first teading 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. . For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet. of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. . TABLE 241 S(ZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One-Bedroom 613 Two-Bedroom 788 33 Ordinance No. 1, Series of 2008, first reading Three or More -Bedroom 1,225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as FequiFed by in accordance with Chapter 10 of this Title. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: . , a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A.limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. , seRtFel. 12-24-4: REDEVELOPMENT: - Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to 6e removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. - 34 Ordinance No. 1, Series of 2008, first reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and 3. The construction of EHUs.. 12-24-6: METHODS OF MIT(GATION: A. For all new construction (i.e. development that does not afFect any existing buildings or structures) and clemo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half ('/Z) 4he mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail. Comprehensive Plan and the Town's development objectives. , c. Exceptional or extraordina .ry circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type . seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, first reading 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 5. Any remaining portion of the enitigation requirement not provided with on-site units may be provided in accordance with Section 12-24613 below. X B. For al1 developvnent projects except those mitigated by . Section 12-246A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, -or any combination, of the methods further described in this section. Unfess otherwise regulated by this Title,.the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. 1. On=site units: a. , , , . All on-site EHUs shall be deed restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. EMAFehmental , , . , iAghon-h , , , . At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. . 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town , Council. This method does not mitigate the on-site unit requirements of Section 12-246A above. - 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such. EHUs are deed restricted in accordance with this Chapter. , b. At the sole discretion of the Planning and Environmental " Commission, an applicant may provide off-site dormitory units, unless the application is for a Special DeVelopment District, in which case, the Town 36 Ordinance No. 1, Series of 2008, first reading Council, in.its sole discretion, may accept dormitory units as a method of . mitigation. 4. Payment of fees-in-lieu. Th° °1°^^8^9 --aRd-€Rv*r-emnena1 a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph- a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-247 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-245, shall include an employee housing plan ef which includes the following: 37 Ordinance No. 1, Series of 2008, first reading 1. Caiculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mi#igation method by which the applicant proposes to meet the requirements of this Chapter, 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-243, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; . 4. Schedules: A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement expiaining the basis for the request; and . 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. C. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves . less than 438 square feet of EHU floor area; the development plaR is located within a Special Development District; or the plan includes a request to convey property, , ; 3. The Town Council shali approve, approve with modiflcations or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 38 Ordinance No. 1, Series of 2008, first reading ~ plan conforms to the generat and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. P-. C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. & D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-249: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. . B. EHUs shall not be leased for a period less than thirty (30) consecutive days. , C. An EHU may be so(d or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee Fented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to 44.# occupy the EHU, feRta1 efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner-occupied); 3. The, employee's employer; and 4. Evidence to demonstrate that at least one #aqaa~ person residing in the EHU is . an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, first reading . 12-2410: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residentiaf deve(opment. • 12-2411: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-2412: REVIEW: . A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review: Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the app(ication of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no uniawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judiciaf hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Councii may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. . Section 26. !f any part, section, subsection, seritence, 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 27. 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. 40 Ordinance No. 1, Series of 2008, first reading Section 28. 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 29. 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 FtRST READING this 1st day of April, 2008 and a public hearing for second reading of this Ordinance set for the 15th day of April, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, first reading , MEMORANDUM R TO: Town Council FROM: Community Development Department DATE: May 6, 2008 SUBJECT: A request for second reading -of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to altow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by Richard Burcham, Destination Hotels and Resorts Planner: Nicole Peterson 1. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes two additions (Enclosures of portions of existing decks), expansion of one deck and the acldition of a staircase located on the south side of the Vail Cascade Hotel building located at 1300 Westhaven Drive. The proposed additions will expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request includes an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. II. BACKGROUND The Town Council, at the Apri! 15, 2008 Council meeting, approved Ordinance No. 10, Series of 2008, on first reading with the condition that Staff shall verify the amended parking table included on page 16 of Ordinance No. 10, Series of 2008, specifically, the `on-site' parking. Since April 15, 2008, Staff visited Cascade Village Area A and counted the parking spaces provided 'on-site' including the developments known as Millrace, Liftside, Cascades and Westhaven Condominiums. Staff found that there were a total of 174 spaces provided on-site within Area A, instead of 84 spaces, reported in the first reading. The primary reason for the change is that Staff did not count the `on-site' spaces for Liftside, Cascades and Westhaven Condominiums in the 84 spaces reported in the first reading. To further clarify Table 1, Ordinance No. 10; Series of 2008; Staff separated the uses providing 'on-site' parking from the uses requiring parking in the parking structure. Furthermore, Staff removed the 'on-site' parking from the multiple-use credit equation due to the fact that the multiple use credit only applies to `A single 1 f ; + ~ parking facility serving more than one use,"according to Section 12-10-12 Credit For Multiple Use Parking Facilities, Vail Town Code, and the uses providing `on- site' parking are not served by the parking facility. The results of the changes remain the same; that the proposed additions do not require construction of additional parking spaces and that there is a surplus of spaces within the parking structure (42 surplus spaces). Staff has amended Table 1, Ordinance No. 10, Series of 2008 to refVect the changes iisted above (Page 16, Attachment B). In researching the multiple-use credit; Staff found a statement within the Ordinance that no longer applies. To reduce confusion and update the information, Staff is recommending the following statement be stricken, "A 17.5 percent mixed use credit per the Town of Vail parking code, has been applied to . 'the total number of required parking spaces in the Cascade structure. "(Page 25, Ordinance No. 10, Series of 2008). The 17.5 percent credit applied in the past when different uses existed within Area A. Howeyer, based on current information and Section 12-10-12 Credit For Multiple Use Parking Facilities, Vail " Town Code, the multipie-use credit is 10%, as reflected in Table 1, Ordinance _No. 10, Series of 2008. III. STAFF RECOMMENDATION The Community Deyelopment Department recommends that the Town Council . approve, with conditions the request subject to the following conditions: Should the Council choose to approve the request, the Department of Community Development recommends the Commission pass the following motion: "The Town Council approves, with conditions, the second reading of Ordinance No. 10, . Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to . Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto." Should the Council choose to approve this amendment, the Community . Development Department suggests the-following conditions: 9. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That.the Developer pays in full, the employee housing mitigation fee of $249.631.50 or provides another method of mitigation as required in - Section 12-23-6, Methods of Mitigation, Vail Town Code, prior fo fhe ' issuance of a building permit. Should the Council choose to approve this, amendment, the Community Development recommends the Council makes the following findings: 2 . 1 "The Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with fhe development . objectives of the Town, based upon the review outlined in Section Vll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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 the review ouflined in Section Vll of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission. IV. ATTACHMENTS A. Vicinity Map, Area A, Cascade Village B. Ordinance No. 10, Series of 2008, second reading C. Page 16, parking table Ordinance No. 10, Series of 2008, first reading 3 Major Amendment to SDD #4 - Vail Cascade Area A Cascade Vllage Subdivision ! 1300 Westhaven Drive r. ' ~ • /1.f t . - y~"-_, . , . t ~ 0~ r '~'~"ti r,' v?', _ . "i d Q ~ „i r . % t, j~•; ~ a ' ? ~ . ~r, i ~ !Conterstaie rte ' " > f' ParkilYJ StrucWre iliv Reviewl A*" > 0 d,. ~ Subject Property: Area A m z weactwvai Concloniriunr, ~ Cascade Residences aId Ixii1C1 . ` , R s a-*~ ' . _ ~ • ~3 ~ , .y~. . . ~ ~~~iaCe s ' y_ i~+;atk-~'i*• ~ ~ Proposed Addtions {Deck enclosurest r L ~ ~ I lf ' t 7` a ~.2. , - iL ~ ~ • i~ ii ~ - ~ 111: -y' 'nn: ciNkJ L~ tr Ti.nuT Fll Gf'-lU-p. U:t :K It: luy :hoJA 4e AM Y-fE pUpPRI 41). ~ Last Modified: Pjlril 28, 2008 Tsvw,arw.acrna-avtxorirmmea,cmwnanean ~wxrcnnin.vs~s~~her~oa~~avro+lmaW l Aftchment B ORDINANCE N0.10 SERIES OF 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE W ITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF TWO ADDITIONS (DECK ENCLOSURES) TO THE SOUTH SIDE OF VAIL CASCADE , HOTEL, LOCATED AT 1300 WESTHAVEN DRIVE/CASCADE VILLAGE SUBDIVISION; 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 Ordinance No. 31, Series of 2007, to amend the Development Plan for Development Area A, specifically the "Cascade Hotel and Chaps Restaurant", to allow for the construction of the proposed additions (deck enclosures); 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, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent ~ to the appropriate parties; and 1 Ordinance No. 10, Series of 2008 WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL. OF THE TOWN OF VAIL, COLORADO, THAT: ' Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 10, Series of 2008. , Section 2. Amendment Procedures FulFlled, Planning Commission Report. _ The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town .Council has received the recommendations of. the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose . 2 - Ordinance No. 10, Series of 2008 Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and . because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: . A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall inctude a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a 3 Ordinance No. 10, Series of 2008 transient residential dwelling unit. Should such units be develope&as condominiums, they sha{{ be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent , residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. , Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.,, B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As , Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 . Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 ' TOTAL 97.955 Development Plan--Required--Approval Procedure 4 Ordinance No. 10, Series of 2008 Each development area with the exception of Development Areas A and D shail be subject to a single development plan. Development Area A shall be allowed to have finro development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be, allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through. the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. ' The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant; educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; , 3. Lodge; . 4. Multi-family dwelling; 5 Ordinance No. 10, Series of 2008 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; . 9. Cascade Club addition of a lap pool or gymnasium. ; B. Area B, Coldstream Condominiums 1. Two-family dwelling; , 2. , Multi-family dwelling. ' C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; . 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal ' Code. D. Area D. Glen Lyon Commercial Site . , 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. ' E. Area E, Tract K . . 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. . 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. 6 Ordinance No. 10, Series of 2008 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club, addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; ' 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. 7 Ordinance No. 10, Series of 2008 - E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customariiy incidental and accessory to permitted and conditionaf uses and necessary for the operation thereof, with the exception of buildings. 8 Ordinance No. 10, Series of 2008 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 4 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, ' and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to 9 Ordinance No. 10, Series of 2008 permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site w 1. Home occupations, subject to issuance of a home occupation permit. in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity • A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by . outdoor display. . . Density--Dwelling Units 10 Ordinance No. 10, Series of 2008 The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of finro hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling.units . C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. . . D. Area D, Glen Lyon Commercial Site Three dwelling units, finro of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. D. Area D, Glen Lyon Commercial Site 11 Ordinance No. 10, Series of 2008 The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commerciai Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area: B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. A. , , (`HADT I • Ari+2 A /`..m.+lste.l DFo:e..fs . ---Fietaiu S9UM 9a-Site Aus 9us 6R~-R ~em~erEiat -€ee! RaFkiag --°^-~a~.,,~ .e . RAQr-1 #S' 28;099 28 8:s9 , . WMk&4Gr,44 i7,534 26 808 2,.. a . _ y~ ~ A4111 RACr,-IIII 6-450 7- - .t.. v' 14 ) . , Nil RAGE-PA tl 10,459 . tO V.VV ~ i~, . + ~ _ . - . . . . . 12 Ordinance No. 10, Series of 2008 . o..F.,ai Squar6 oi; Set@ AU6 OLI6 GRFA CARHA8F613{ -F-A6~ P3fkIRQ -PaFHqg 1A/~CTIPI 449 55,457- 0,98 445 Alkede s 104 Seat6 GaM 7-4 562t6 ~ ~M Pepi SPGFIs 274" . VaUFRO 909 GMG BUILIDING Ea663d6-WiA3 9 a5,$7-8 8~89 4S G!aF;Gl-s 4709 9:89 43:3 Tkeatec 4,= 28 GGIleg8 Cla6SFGOFR6 0:88 49 College OffiGe 9.88 4 9:99 44-,5 {~".17 #i ~ ~rR s^ >c~ ~,~~w~,~ae #k" : a~ ym. t3 S tt . y -F r y y r+l ~ y r. ~ y rt -,~"~~''~a~S~,~~i; '~~~~o+ R~~~~~~i:~ti,.z Xm'~ga'~~a ~ ~~.r.f~:`!ifi..,cr.~~:?4 ...'r.h„er:.es,'„iF...7.NeCal4. ir!~~r.w.<s~..,.~ ~'?M,.L!yS?x. ,.~J'.~i .~'1,~'v~'i.~_' ~ .~`~'~~e ~.~23Gw..,.. ...~.'t~A~~~x s.k:J ~s~73_'..,~j.}-"•'fi .~',SC.^..a;.cf TCRPAIto , RGGFFl6 429 58,()G9 ~w 405 Retaoi 57956 0:00 2G ,ai•~cd ~*~~""'ny w~S:a ~ ~~"!y~~? Y'"~.~.,'?~.~ PLAZA 4 R99H16 20 7-1205 9:80 4-6 13 Ordinance No. 10, Series of 2008. RAWO ~9BB 8:98 4 LI~.~ rt'+~ t.. m ~~"`h~.~ }?i~•~~~i ~'-~t~. ~°°g" ~ i~"~ . !~"°~~t ~ :-~~.ro'~^~. s~~~§~~~~'ct~t+k".+~ .rs... i C+ s ~ ~a ~ ~ ~ m Pl NEAµ G9Rf9F@R69 }Z6t3j~ ~ 9idr Q-.w 3 '1.Fq! " f~t ,;e: ~f~ ~i{..' =f ~i~+r~- . v' atiqnt 9 4 - ~~xs^""3`~.7 k v ~.~,'+x~a: " s'~ ! ~'~~~,`j,~,i4~~.# i ;E n:• tr.'~j?i ~~~jj,~~j"' ~ ~ ~~.4~i . R 1' s~„;p. ~ E~R ~a ~0 ~ ~ $aF&-RA6~~ 22c~ 928 G-.W 3 WHIIR866-C6Rt9F 4;3$§ GAG $ , offiGe.jpClub . 429 9:98 4-4 it~n'-- y~oV rGc~, ,r_-~. y tz~ rs ~+7'i.`Si':iz ` • ~ '"~s ,nA.'^r.'~t ~ _ .~lt.,.,~s~~~4"~~3 x.~'~x~t F trn~ ~s~ z;a ~ ~y.~i~~PK?s7.. ..~~'..~i~'S~Y. .,~,.-~,~~.~'n~.L,~ i ~ ~s W"ERFOR°! , URIt6 i27- 56 . Emplayee.Uqj2 44W • 2-7 474,599 59 'k^ F. ~~d~~ r L -t ~ ~~S.S&. k~ ' LN6NRHS6E,9REeF 4,598 22-.6 t a Y.. ~F .9 ~lYi'At f'10~„V~IttUP~ ~ 925., . J p ' .,v., ' .s iK3, • 'L'J'. ~ ~ a$ •ti.~r.r ~ 's~~4 ~ w ~ ~ ~~5~"`` . ~ ~~h'+~°~. 14 Ordinance No. 10, Se14es of 2008 aa" ~ 24-A-98 TOX-ALS E~ 0 ~ . , ~ 0 es ot No. ti0• $eri 2fl08 . rd'+nance O TABLE 1: AREA A PARKIWG & DEVELOPMENT STATISTICS This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No 31, Series of 2007 and the best available information found at the time including floor plans and Staff inemorandums. Use Accommodation Dwelling , GRFA (square feet) Commercfal Parking Provided Units Unfts Squaie Feet (On-site*) Millrace 39 54,434 64. Liftside (Waterford) 29 + 2 EHU's 47,500 + 1,100 EHU's 56 Cascades 6 12 Westhaven 13 32,000 29 Condominiums ` Cascade Residences 11 13 Total On-site* 174 Use Accommodation Dwelling GRFA (square feet) Comme?icial Parking Requirement - Units Units Square Feet Cascade Hote/ 148 55,457 115 Chap's Restaurant 4,735 39 Hotel Caffi 2,160 18 Pepi Sports 2,491 8 Fireside Bar 1,800 15 Blue Tiger 1,600 13 Terrace Rooms 120 58,069 . 105. Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16 Plaza Retai/ 2,024 7 Plaza Conference 35 Fitness Club 5,886 30 Tota! Parking Requirement for Uses Listed Above 429 - Multfple use credit (10%) (421 x.10 = 42) - 42 = 379 Total Parking Spaces Provided ln Parking Structure 421 Total Extra Parking Spaces in Parking Sfructure 42 • On-site means the parking is provided within the building oi near the use and NOT provided in the parking sfructure. ~ 16 Ordinance No. 10, Series of 2008 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.' 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. , Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, ' Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, . Schultz. . 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, 17 Ordinance No. 10, Series of 2008 Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15: Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. , 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. ' '20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Ro'ma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace 111, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. • 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace lll, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven 'James Riden. - 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace II I, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace: IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Amold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. . 33. : Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 18 Ordinance No. 10, Series of 2008 Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, lnc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: wg. # itle uthor ate -1.0 itle Sheet orter Architects 03-15-05 -1.1 icinity Map orter Architects 1-31-05 -1.2 GRFA Summary orter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 1-31-05 -1.4 Summer Solstice Sun Shading orter Architects . 01-31-05 -1.5 all Equinox $un Shading orter Architects : 1-31-05 -1.6 inter Solstice Sun Shading orter Architects 1-31-05 -1.7 Site Plan orter Architects 3-15-05 C001 over Sheet lpine Engineering 3-14-05 002 rading Plan (West Halfl lpine Engineering 03-14-05 003 ading Plan (East Hal fl lpine Engineering 3-14-05 004 Storm Drainage Plan pine Engineering 03-14-05 - 005 ading and Drainage Details lpine Engineering 3-14-05 006 tility Plan pine Engineering 3-14-05 007 tility Details Ipine Engineering . 3-14-05 008 emolition Plan pine Engineering 3-14-05 -1 andscape Plan ennis Anderson Assoc. 3-15-05 19 Ordinance No. 10, Series of 2008 -2 andscape Plan - Cascade Club ennis Anderson Assoc. 3-15-05 .0 arldng Level Plan orter Architects 3-15-05 .l irst Floor Plan orter Architects 3-15-05 .2 Second Level Plan orter Architects 3-15-05 .3 ird Level Plan orter Architects 3-15-05 .4 ourth Level Plan orter Architects 3-15-05 .5 oof Plan orter Architects 3-15-05 .1 uilding A Elevations orter Architects 3-15-05 .2 uilding B Elevations orter Architects 3-15-05 4.0 uilding Sectioris orter Architects 2-14-05 4.1 uilding Sections orter Architects 2-14-05 4.2 uilding Sections orter Architects 2-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # itle uthor ate -2.20 Second Floor Plan RKD Architects 01-28-07 -2.30 ird Floor Plan RKD Architects 1-28-07 -2.40 ourth Floor Plan RKD Architects 01-28-07 -2.50 ifth Floor Plan RKD Architects 1-28-07 -3.10 ast and North Building Elevations RKD Architects 1-28-07 -3.20 est and South Building Elevations RKD Architects 1-28-07 " A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. 43. Approved Development Plans for Area A, Cascade Hote% including 2 additions (deck enclosures) to fhe south side of the Hotel, specifically Chap's Restaurant and Hote/ Library, confaining the following sheets: 20 Ordinance No. 10, Series of 2008 Dwg. # Title uthor Date -1 Site Plan G.Johnson 03126108 rchitects -2 Entry Level - Overall Key Plan JG Johnson 03126108 rchitects -3 nc/osed West Deck Upper Level G Johnson 03126108 rchitects -4 Enclosed East Deck G Johnson 03126108 rchitects -5 ddition Roof Plans G Johnson 03126108 rchitects ~ 76 ddition Elevations G Johnson 03126108 rchitects -7 Sections and Perspecfive G Johnson 03126108 rchitects -8 Perspective and Elevation G Johnson 03126108 rchitects Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The developmenf plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. , Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless moce restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village ' 21 Ordinance No. 10, Series of 2008 Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than finrenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be finro feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven- Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. . B. Area 8, Coldstream Condominiums Required setbacks shall be as iridicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots . Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail T,own Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (6) nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shalt be as indicated on the appcoved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the 22 Ordinance No. 10, Series of 2008 distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. , B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. . 3. WaterFord Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D.. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. 23 Ordinance No. 10, Series of 2008 Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45°/a of the area may be covered unless otherwise indicated on the site specific development plans. . Area C: No'more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. • • • Landscaping ` At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate: Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading " A. Area A, Cascade Village ' 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be 'located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be'enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club- parking 24 Ordinance No. 10, Series of 2008 --r7.5 pe{Gen ivorl uco nrorlit neF the Tnwn of \/ail parLinn rnrlo structure. r1 ^ 1 , r~n ~~c 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. . There shall be a minimum of 93 enclosed parking spaces Iocated within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall 6e located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. - C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 25 .Ordinance No. 10, Series of 2008 D. Area D, Glen Lyon Commercial Site • ' 1: Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit . semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loaiiing that shall be allowed to the site shall be vans having a maximum length of 22 feet. . Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3:20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Developmenf Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer-sfiall include in the building construction, energy and water conservation controls as generat technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they rnust be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 26 Ordinance No. 10, Series of 2008 ' E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 1. All trash compactors and trash storage areas shall be completely enclosed within ' Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The finro employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and L.ionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed 27 Ordinance No. 10, Series of 2008 when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans: The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the ' issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either p"roject. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of. 1998 for previous `requirements. C. Area D, Glen Lyon Commercial Site. . The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing , The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shatl be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside , (Waterford Building). .Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the WaterFord Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven , Condominuims building shall provide 4,400 square feet of employee housing pursuant 28 Ordinance No. 10, Series of 2008 to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of . the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Ghapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be . entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to . the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed7required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. 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. 29 - Ordinance No. 10, Series of 2008 Section 5. The Town Council hereby finds, determines and deciares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof: Section 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealecf 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 PUBLI$HED ONCE IN FULL ON FIRST READING this 15t' day of April, 2008, and a public hearing for second reading of this Ordinance set for the 6"' day of May, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Mayor Richard Cleveland ATTEST: . Lorelei Donaldson, Town Clerk . 30 Ordinance No. 10, Series of 2008 , INTRODUCED, READ, ADOPTED'AIVD ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of May, 2008. Mayor Richard Cieveland ATTEST: Lorelei Donaldson, Town Clerk 31 Ordinance No. 10, Series of 2008 ATTACHMENT C: Page 16, Table 1, Ordinance No. 10, Series of 2008, first reading TABLE 1: AREA A PARK/NG REQUIRMENT & DEVELOPMENT STATIST?CS This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No 31, Series of 2007 and the best available information found at the time including floor plans and Staff.memorandums. Use Accommodation DweUing GRFA Commercial Parking Requfrement Units Units Square Feet Miilrace 1 16 20,000 20 (on-site*) Millrace ll 14 17,534 25 (on-site•) Millrace lll 3 6,450 7(on-site`) Millrace IV 6 10,450 19 (on-site;) WesL"n Hote/ 148 55,457 115 Chap's Restaurant 4,735 39 Hotel Caf6 2,160 18 Pepi Sports 2,491 8 Rreside Bar 1,800 15 Cascade Residences 11 13 (on-site*) Blue Tiger 1,600 13 Terrace Rooms 120 . 58,069 105 Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16 Plaza Retail 2,024 7 Plaza Conference 35 Liftside (Waterford) 29 47,500 56 Liftside EHU's 2 1,100 2 Fitness Clu6 5,886 30 (N/ellness Centei) Totai Parking Requirement 550 - Multiple use credit (12.5%) (550 x.125 = 69) - 69 = 481 - Total On-site` = 84 spaces - 84 = 397 - Spaces provided in parking structure= 429 - 421= - 24 Total extra spaces 24 * On-site means the pa?king is provided within the building or near the use and NOT provFded in the parking structure. - 5 . MEMORANDUM TO: Town Council FROM: Community Development Department . DATE: May 6, 2008 SUBJECT: A proposed addition to the Town's Official Avalanche Hazard Map at 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5~' Addition and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Larry Deckard, representing the property owner, is proposing an addition to the Town's Official Avalanche Hazard Map in the vicinity of 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5th Addition. II. BACKGROUND The applicant, Larry Deckard, representing the property owner, has submitted a site specific avalanche hazard study for the subject property. The submitted study clarifies the delineation of the avafanche hazards on the subject site. A site plan (Attachment A), an excerpt of the current Official Avalanche Hazard Map (Attachment B), the applicant's request (Attachment C), and the Avalanche Hazard Study prepared by William Klauber, PE (Attachment D) have been attached for reference. III. CRfTERIA FOR REVIEW Pursuant to Sub-section 12-21-13-H, Additions to Maps, Vail Town Code: "If the applicant establishes at the hearing by clear and convincing evidence that the informafion contained in the site specific geologic investigation is reliable, the town council shall direct the Department of Community Development to keep a copy of said site specific investigation on file in the Department of Community Development and available to the general public and shall further direct the department of community development fo notate the appropriate official map adopted by this chapter so that it indicates thaf said site specific investigation is on rile with the Department of Community Development." IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves the proposed addition to the Official Avalanche Hazard Map in the vicinity of 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5th Addition 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: 1 . 0 "The Department of Community Development shall keep a copy of the Avalanche Hazard Study for 4768 Meadow Drive/Lot 1, Block 7, Bighom 5u' Addition prepared by William Klauber, PE dated September 15, 2007, on file in the Department of Community Development and available to the general public; and the Department of Community Development shall notate the Official Avalanche Hazard Map to indicate that said site specific investigation is on file with the Department of Community Development." Should the Town Council choose to approve the proposed addition to the Official Avalanche Hazard Map, the Community Development Department recommends the Town Council makes the following finding: "The applicant has established by clear and convincing evidence that the information contained in the site specific geologic investigation is'reliable." V. ATTACHMENTS " Attachment A: Vicinity Map Attachment B: Cu"rrent Official Avalanche Hazard Map (excerpt) Attachment C: Applicant's Request Attachment D: Avalanche Hazard Study prepared by William Klauber, PE dated . September 15, 2007 2 • I 4768 Meadow Drive/ Lot 1, Block 7 Bighorn Subdivision Addition 5 n j , ~ D W Subject Properry ~ 4816 D 47 ~s - r v q. l~f ' . . . . } f I , ttl 1 . ~l . . 1R . . . n~ . ~ ~ 1 }k ~ LeStModified:,a{]fi116,2008 r+~ma~~n~cRat~ier~m~o~ww•~r~ ~~aiiY~amrwsa~ariwme~on~mR~irwi~san~ L~~%, Mxrt 111on.D~llhtiaAllqptWmfk~ ny'_~~~,/ 4768 Meadow Drive! Lot 1, Block 7 Bighorn Subdivision Addition 5 ~ I ~ I ~m Ir + D Subject Property ~ 4816 ~ eD ~ rt ~ W ~ 4779 ll Legend i Building Footprints I - Red Zone (high) $ - Blue Zone (moderate) 4799 4799 ' ~ Possible Influence Zone ~ Powder Blast Zone 4782 v,er<r.ekao~~xa.,,or,euoc.~onyr«c.Ureorn-V y,wan.e.oa,naaaon,anr. Last Modified: April 16, 2008 m vmora~ xerna,wrai ~Y ~r~or~x ~,ao.,cmu„w i,Kdx, `•i~ ~wYrcpYn.VSOII1rr~aAlraVrolm~l~ 7'~}•••:\./ . ~ . i Attachment\ C • I.arry A. Deckard A.I.A. P.O. BoX 725 Avon, Co. 81620 ' P (970) 569-3102 F (970) 569-3103 _ TO: Bill Gibson 10/19/07 75 South Frontage Rd. Vail, CO 81657 P. (970) 479-2173 F. (970) 479-2452 RE: Avalanche hazard study for 4768 Meadow Drive, East Vail. Deaz Bill, I am submitting to you a new geological avalanche hazard study provided by William Klauber, PE for the determination of the classification of hazard levels at 4768 Meadow Drive in East Vail. He has redefined the King Arthurs Court Avalanche Chute to reduce the high hazard red zone azea. The owners of 4768 Meadow Drive want to remodel their home for more gara.ge space and a swimming pool. The pool may act as a deflection wall at the avalanche side of the home and the garage expansion will expand the footprint of the home to the West as illustra.ted in the report. The design has not been finalized so the report offers concept areas only. The actual design configuration will be determined after the Town of Vail has accepted the new Geologic hazard study. , The owners of this home are excited to proceed with the remodel and look forwazd to your input on the proposed design. _ Thank You, /L:arry. Deckazd A.I.A. . C~c C OM[E D VCI 2 3 290.7' 1 TOWN OF VAlL Attachment D ; September 15, 2007 Larry Deckard, Architect 21 West Foal Circie Edwards CO 81632 Re: Lot 1, Block 7, Bighorn 5th Addition, 4768 Meadow Drive, Vail, Colorado Dear Mr Deckard: At your request, we have perFormed an avalanche hazard study regarding the addition of a garage structure to the west side of the existing house on subject property. Following are the results of that study, which addresses only the garage addition. SUMMARY The addition falls within the blue zone of the King Arthurs Court avalanche chute, as redefined by Mr Art Mears in lanuary 2003. An avalanche diversion berm and/or structural fence shall be required between the garage and the south and west sides of the lot, exposed garage walls along the south and west sides shall be designed for a direct impact pressure of 400 psf or a reduced oblique impact pressure pursuant to actual design, and the garage roof shall be designed to resist uplift and to accommodate a snow load of 200 psf. , BACKGROUND The subject property is located near the bottom of the King Arthur's Court avalanche chute. . Earlier Vail avalanche maps, circa 1973-1976, had placed almost the entire properly within the high hazard Red Zone. A detailed study by Hydro-Triad in 1975-1979 defined the red zone to encompass only the western portion of the property and the blue zone to include most of the remainder. In 2003 the avalanche hazard zone was locally modified by Mr Arthur Mears, PE, to , shift the avalanche hazard zones slightly to the west and to significantly decrease the size of the Red Zone. The effect of that modification for this property was to remove the property from the Red Zone entirely, and to extend the Blue Zone only to the west edge of the existing structure. This allows building to occur in the western portion of the lot with appropriate design mitigation. THE DESIGN AVALANCHE The watershed in which the King Arthurs Court avalanche chute is located extends from the top of the ridge at 11,100 foot elevation to Gore Creek at 8,520 foot elevation, a drop of 2580 feet over a maximum total distance of approximately 6500 feet. Evidence of avalanche effects on Deckard/4768 Meadow Drive/Avalanche Hazard Page 2 vegetation extends as high as 10,600 foot elevation on the west side of the basin, the lee side from the prevailing westerly winds. Destruction of vegetation extends from that point downward along a broad hillside into a narrow chute, thence downward along the stream to a point just above the alluvial fan on which several houses are situated. Below 9200 foot elevation the grade decreases substantially', around 8700 foot elevation the canyon makes a radical jog to the northwest for 250 to 300 feet, and at 8600 foot elevation the canyon opens out onto the top of the alluvial fan, after which any avalanche would be laterally unconfined and the fan topography would tend to spread it out laterally. It is clear from vegetation analysis that most avalanches in this chute are rather narrow, laterally confined, fairly shallow, follow the stream course, and do not reach the fan at all. At the creek diversion to the northwest, there is a clear diversion of the avalanche paths in the same northwest direction, with avalanches stopping before they reach the stream segment which diverts back to the north. There is evidence of some overtopping of the narthwest- trending diversionary ridge at this point, but relatively minor in extent and with only incomplete damage to trees. The straight-ahead path directly north to the alluvial fan is blocked by a relatively dense forest of older trees, indicating that events large enough to fill the diverting valley and proceed directly north overtopping the diverting ridge are infrequent in their occurrence. The King Arthur's Court avalanche chute was defined as a potential hazard area by the town of Vail, requiring avalanche studies to determine acceptable building areas and structural design parameters. Predicted impact pressures greater than 600 psf or predicted recurrence intervals less than 25 years define a Red Zone, within which building is not allowed. Predicted impact pressures less than 600 psf and a predicted recurrence interval greater than 25.years define a Blue Zone, for which engineering review is required and structural mitigation may be required. The first study of the chute was perFormed by Hydro Triad, Ltd., in the 1975-1979 period. This study hypothesized a major avalanche from top of ridge straight across the diversionary ridge at 8700 feet and onto the fan. It identified the red zone as extending across much of the west half of the subject property and the blue zone as encompassing most of the remainder of the property including the house area. In a letter to the owner of the subject property in 1982, Hydro Triad recommended an oblique design impact pressure of 250 psf with an earth berm of unspecified design. In 2003 Mr Arthur Mears, PE, perFormed an avalanche engineering study for the owner of the adjacent lot. Mr Mears used a regression analysis of extreme Colorado avalanches with known runouts combined with local terrain features and observations of major local avalanches to determine a slightly reduced runout limit for the KAC 100 year design-magnitude avalanche. Using the new runout limit, he then used an avalanche dynamics model to redefine the Red and Blue hazard zones. The redefined red zone now extends to approximately the same elevation as the southwest corner of the subject property, but slightly to the west, and does not impact the subject property at all. The redefined blue zone extends through the western portion of Deckard/4768 Meadow Drive/Avalanche Hazard Page 3 t the subject property, as far east as the west wall of the house. Those zones are delineated in the attached Figure 2 from Mr Mears' report. Reviewing Mr Mears' report, along with aerial photographs and topographic maps of the avalanche chute, but without reproducing the entire study, the redefined zones appear to be reasonable. The redefined 100 year design avalanche starts at a slightly lower.elevation concordant with vegetation damage evidence, it takes into consideration the changes in course and slope and the confined nature of the chute, and it considers the effect of the natural diversion berm near the bottom of the chute, resulting in a more detailed understanding and analysis of the avalanche dynamics. It is therefore used as the starting point for this report. DESIGN PARAMETERS Using the geometry calculated by Mears, including origin area, chute, red zone limit, blue zone limit, and type of avalanche, a PCM model was used to estimate impact pressure at the garage location for a dense dry flowing snow avalanche. At this location the avalanche is decelerating and widening, and the angle of approach of the snow mass to the planned garage is estimated to be approximately toward bearing 030 degrees, the distance past the red zone boundary to the garage approximately 180 feet, the ftowing core depth approximately 1 to 2 feet, and the velocity approximately 24 feet per second. The perpendicular impact pressure at this point would be approximately 400 psf. As drawn on the site plan, exposed portions of the south garage wall should be designed for minimum normal loading of 400 psf and uplift and shear loading of 200 psf, while exposed portions of the west wall designed for normal loading of 200 psf and uplift and shear loading of 200 psf. Earth sheltering integrated with the new pool and redesigned backyard landscaping may be an appiropriate solution. The garage roof shall be designed to resist uplift pressures of 200 psf from impacting snow under the eaves, and its plan area shaN be designed to support a downward snow load of at least 200 psf, or more if required by code. An earth berm, earth bank, and/or reinforced concrete diversion fence, singly or in combination, shall be constructed from a point 50 feet or more east of the southwest property corner to a point directly west of the northern extent of the garage structure to deflect the bulk of the threatening portion of the avalanche mass to the west. Stopping the flow with a perpendicular wall would require the tallest and strongest structure, with heights exceeding 10 feet and strengths exceeding 500 psf, so an oblique orientation is recommended. As drawn at the oblique angle shown on the site plan, toward bearing 345°, the structure would need to extend at least 9 feet above avalanche path terrain at the south property boundary decreasing to 7 feet at the north end. Greater heights are encouraged if landscaping permits. Design normal loading on the fence should be for 250 psf or higher, and shear and uplift for 200 Deckard/4768 Meadow Drive/Avalanche Hazard Page 4 , psf. Other orientations of the barrier may require different design loadings and heights. The southwest side of any earth berm or bank shall be at a 1:1 slope or preferably steeper. DESIGN CONSIDERATIONS It should be understood that the present state of the art in avalanche engineering is such that what is called the 100 year design avalanche may actually have a recurrence interval anywhere between 30 years and 300 years. It should also be understood that a larger 500 year design avalanche could occur at any time, including next year if climatic conditions were unfavorable then. Though the 100 year design avalanche should be adequately handled by this design, the design parameters specified above may not be adequately protective against larger avalanche events. It is therefore always prudent to build the maximum practical degree of protection into the structure wherever possible, allowing personal and structural survival through a larger than expected event, ratherthan building to minimum standards. The design elements of berm and strengthened garage walls are to some degree redundant, but not entirely. A garage excavated into the slope with concrete walls can easily be strengthened, and an earth bank or berm seems appropriate for this site. Therefore whatever redundancy exists is not considered wasted. If a particular design requires some modification to these elements, then a review and some adaptation to the avalanche hazard mitigation ° design may be acceptable. Thank you for the opportunity to provide this service for you. Please call if you have any questions. Sincerely, Bill Klauber LLC ~ P~ p R E G/ S,~ P. K( m o William Klau 34906 ~ ~ Box 909 -A- Leadville CO 09 719-486-0202 ~~0 NAL ~ Deckard/4768 Meadow Drive/Avalanche Hazard Page 5 l _ . t ~ S ~ . ;~•r a M ~1 . a LSaF` n, k I~. . ~ : • ~ ~ Y'IY 2007 Eagle County Assessor Aerial Photo with Avalanche Path at Lower Left 've~Avalan+~he Hazard . n rd/4~68Mead°W rU ~ Zp'1+~ the of me ~a ~,s+~ h~z~d pecka tpt~.ma~' ~ficetioa?n at ~e is qwalar~ Sr~tt mod FtGVRe 2;~n ava~an'~ res~~ fr°m e~ 477g NJead°'N of ths~ ~vious studt ~~den~~ Zone- z°~'~ ~s and ~ ~ east of the ~ Pr( ir~~t~edrat+~lY _ 1,000' iocat " ti.+r,w..w..,~---•....,.. $CpLIE: ~ ~ ? . y,~,{ y ~ 4 y` ;~~~d~w~ °5. +w'~'` a l~+~`. ~ ~ • ~'w q. ~ S . 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Kinq Arthur5 Court Avalanche Chute ~eadville, Col orado r~ - rive/ Avalanche Hazard D adov,r peckard/4768 ~e ~ - , 1 ~a~ l i ` , i 1 s 5 U, ~ , k~ 1 • ~ ''1~~, ' . ~ Za~ ~ , , , , . ~ o 40 ~ro~ec~ ~ be5tqn t~eck~rd ~eado~ brtWe 47b'8 ~,eadvrlle, ~d ? PARK CITY PEER RESORT VISIT APRIL 2 - 4, 2008 Who Attended? Representatives of: • Vail Town Council • Vail Town Staff • Vail Recreation District, • Vail Chamber and Business Association Why Did We Go? • Check out the competition first hand and learn about their vision, mission, core values and best practices , • Identify trends and opportunities • Plan for Vail's future proactively • Reciprocate information-sharing What Did We Learn? Park City Snapshot • Incorporated March 15, 1884 • Population Estimate 2008 =8,200 (65% second-homes; 35% primary residents) • Service Population = 32,327 • City Size =12 Square'Miles • Elevation Range = 6,500' -10,000' • School Population Estimate 2008 = 4,200 • 88.2% High School Diploma • 51.7% B.A. or higher • Annual Average Snowfall= 350" • Skier Days '06-'07 Season = 1,808,332 at.three resorts combined Challenges • Ease of traffic flow within and to and from the city . Job/services funding vs. growth in events, traffic, activity in town f . . . . , . - . . . . ,:is. _ , . . . . . - . " . . Reducing suburban sprawl and developing walkable communities vs. higher/clustered densities • Local/family-sized homes in Old Town vs. small houses w/o garages suitable only ~ for resort bed base • Historic preservation/appropriate parking mitigation (i.e. no garages) vs. congested streets and circulation/snow removal problems caused by cars parked on street • Small town environment vs. metropolitan amenity package • Resort community lifestyle vs. realities of coping with housing, transportation, service workers • Mine clean-up/environmental issues • Surrounded by private land - no government land buffers or protection • Open space acquisition a priority Council Goals for 2008 o Quality and Quantity of Water o Preservation of Park City Character o Effective Transportation and Pazking System o World Class, Multi-Seasonal ResortlCommunity o Recreation, Open Space and Trails o Regional Collaboration and Partnerships Council Vision 2015 o Maintain Diversity ' o Keep Identity o Sustainable o Diversified Economy . o. Top Multi-season resort o Sport and Culture o Strong resort economy o Events o Embrace Visitors o Controlled Growth o Regional relationships o Respect and maintain history o Deep community participation and involvement o Fair, responsive, open government o Adequate water o Connectivity infrastructure v• , Growth Generators • Baby Boomers Demographics • Disposable Income • Inheritance - Transfer of Wealth • Air Transportation • New Technologies . • Lifestyle Refugees Municipal Finances • Economy is Tourism-Based = 67% • FY 2008 Budgeted Expenses = $63,143,863 o Operations = 60% o Capital Projects = 40% • FY 2008 Total Funding Sources =$63,143,863 o Property Tax = 21 % o Sales Tax = 18% o Intergovernmental Revenue = 12% o Fees/Other = 11 % o Bond Proceeds = 11 % o Service Charges = 11 % o Planning & Building Fees = 9% o Franchise Tax = 4% o Funding from Previous Years = 3% • Observations . o Second-homes account for 65% of all homeowners o Full time resident homeowners pay property taxes on 55% assessed value, second homeowners pay property tax on 100% o'1% of city budget is given to non-profits, numbering 120 o Park City reuses its older buildings- city hall and the library are housed in old school buildings Economic Development o Four interrelated sectors comprise Park City's economic base o Resorts and tourism o Construction and development o High wealth households o Real estate and services 0 2002 Olympics were an incredible, once-in-a-lifetime experience o Skier days increased 300,000 from 2004-05 to 2006-07 o Real Estate Gross Sales hit a high in 2005 of $1.7 billion and has leveled off in 2007 to $1.5 billion . . . : . . o Retail Sales continue to grow, up from $500 million in 2005 to $600 million in 2007 o Observations o Olympics took more than 7 years to plan. 75% of the infrastructure was already in place. Olympics helped put Park City on the map. o Economic Development department is not involved in job creation or business development o Just finalized an Economic Development Strategic Plan o Working toward a year-round economy with the Chamber and the Main Street Historic Business Alliance . ° o Focus on shoulder seasons first then building summer o Have a Business Improvement District o No Small Business Development Center in the area o Governor of Utah is an economic development proponent o Embarking on an economic impact study to analyze revenue streams and . educate residents o Recognize the ski companies as the economic engine and search for commonality and level of trust to foster a good working relationship o No dedicated venue for a conference center. Plenty of space in surrounding towns of Salt Lake City and Hebert, as well as meeting space in hotels. Organization • Core Values o Conduct business with honesty and integrity o Strive to offer excellence and quality performance o Respect those with whom you interact o Communication is a prime building block o Encourage all to approach work and life with fun and humor • Observations o Pay scale hacl to be increased to accomplish recruitment and retention goals o Park City Mayor is an elected and salaried position. He ran on a platforin of civility. He.wants people to understand the importance of the _ contributions of second homeowner population due to higher property taxes, philanthropic activities, etc. as well as the importance of the local resident population 0 200 full time employees, 300 seasonals o City Manager flattened the organization and reorganized into work teams aligned with Council goals o Council chamber nicely framed posters with: ¦ Gity Council Targets for Action 2008 ¦ Park City. Core Values ¦ City Council Vision and Principles 1 o Third party facilitator worked with City Council to resolve issues and create better working environment- Community o Citizen Satisfaction Survey o Majority of services scored excellent or good o Quarterly City Manager Lunch o Park City Visions o Sustainability Program o A sustainable community is one that independently manages and maximizes its resources in order to develop a strong economic and social environment for its citizens o Long-term results o Community ¦ Workforce Housing • Diversity and social integration : ¦ Living wage ¦ Health care ¦ Recreational opportunities ¦ Traffic generation and congestion ¦ Quality governmental services o Observations • o Next community outreach process .will involve 3 questions: ¦ What brought you here? ¦ What keeps you here? • What would cause you to leave? Environment o Important to Park City's identity o Way of life for a mountain community o Amenities for both residents and tourists o Vision: to provide for the long term environmental health of Park City through efficient use of resources, and protectiori of the quality of the local environment upon which the community depends. o Programs ' o Open space bonds resulted in 6,400 acres of open space purchased and . preserved and went from 3 miles to almost 400 miles of trails in 15 years o Clean water o Water conservation o Municipal green building policy o Renewable energy o $15 million Walkability bond o Ordinances ¦ Night Sky ¦ -Sensitive Lands ¦ Soils . o Energy Audits o Recycling o Wildfire Enhancement . o Mine and wetland restoration ' o Public Transit o Trails o Traffic calming o Green education o Environmental clean-up/lead monitoring o Observatioris o Considering banning all plastic bags o Only 30% participate in curbside recycling, a disappointment Special Events/Marketing o Sundance International Film Festival o Jazz Festival o. Deer Valley Concert Series - venue seats 6,000 o World Series Triple Crown Girls Fast Pitch . o NORBA downhill bike race o Aerial World Championships Deer Valley o Want to "own" High Altitude Training through a High Altitude Training Center o Observations o A 1% transient room tax goes the Chamber for marketing and special events. $4 million budget for year-round marketing and communications - $600,000 spent on special events. o City provides in-kind services that facilitate the events. They also require many events to make provisions to reduce traffic impacts by using buses, bicycles, alternate transportation, etc. and limiting the ability, to use public parking. o Very active Chamber that works to coordinate events, marketing, non-. prof ts, etc. Membership-funded organization. 1,100 members who pay a $200 membership. A respected partner. o Ski Company partners in some winter events. o Attend TEAMs trade show to solicit participatory sporting events ' Recreation • Open space acquisition is significant cause. $40 million in bonds have been passed for open space. Holdings have grown from 3 miles to 400 miles of trails in 15 years. Latest is $16 million walkability bond. ~ ` • Observations o Lots of field space which presents opportunities to produce large special events and tournaments o Racquet Club serves as community recreation center. Six covered tennis courts; one large wood-floor gymnasium; small cardio room; small weight room; small family swimming pool with slide, spray fountain, lazy river; small hot tub, six lane 50-metere lap pool; locker room. 1,000 visitors/day summer and 600/day winter. 0 30,000 squaze foot concrete skate board park - bowls; ramps; tiered for difficulty; fence around perimeter, close to center of town o Quinn's Recreation Complex & Ice Rink located out of town. 3 years old. Surrounded by multiple fields. Locker room facilities adequate. Arena too small for events. o Helped build a Boys & Girls Club facility next to a local elementary schooi and help to promote programming there o Four softball/baseball fields in town with lights o Work cooperatively with the school district to fund athletic facilities and then use them for programming (fields and gymnasiums) o Two artificial surfaces in town - one at the ice rink and one at local high school o Less programming than VRD - no after school, running races, bike races, nature center, pre-school programming, etc. . o Do not have a neighborhood park system o County recreation center has very impressive field house - regulation soccer field and lots of storage space; soft surface running track; large ' cardio and weightlifting areas; batting cages in soccer area Ski Companies ~ Observations o Deer Valley uses only paid staff - no volunteer hosts. Large retired population who work at the resort year after year. o Service levels make it clear why they win the guest experience category annually in Ski Magazine , o Deer Valley limits skiers when necessary (6 - 7,000) about 12 times per year o Large parking lot with plenty of available spaces - great skier drop off o Guest service staff assists taking gear out of cars - free ski storage at end of day o All land is privately owned - no Forest Service restrictions o Park City Mountain Resort facilities are older and less opulent and cater to a more diverse clientele than Deer Valley ' o Ski Companies and City have a good relationship due to commonality of vision and continual relationship building 0 50 year anniversary is coming up for Park City o All ski companies are privately owned ~ Workforce Housing • Challenge is how to remain affordable to working families as growth, changes in local and regional economies, and demographic trends create high cost, low wage economies ' • Snowcreek Affordable Housing Project , o Achieve a minimum 50 years durability on building materials o Minimize project waste by reusing/recycling 80% of project waste • Observations o A significant percentage of work force comes from Salt Lake City metro area and outlying communities . o Lift-side employee housing is part of a new development. Developer provided housing for 100% of the generated jobs on-site o Pay-in-lieu fee is approximately $150,000 per bed o They deal with the same NIMBY issues when it comes to integrating employee housing into the community Employee Recruitment and Retention • Observations o Pay scale had to be increased to recruit and retain employees o Workforce reaching retirement is a shared reality 0 22 percent of year=round population is Hispanic o Twice the local population lives in the basin outside Park City and in tlie county o Park City School District is ranked # 1 in state o Park City and the ski companies are looking at succession plans for all departments Parking and Transit • Observations o Skier parking less of an issue because ski areas have sufficient parking available at base, and town lots can handle overflow , o Impacted with construction traffic o Large employers run employee buses to construction site and large hotels ' to transport workers at employers' expense o Free bus system handles 2,000,000 passengers annually o Downtown on-street parking is a pay-and-display system o New parking structure downtown is free with 4-hour limit Facilities • New Police Facility o Geothermal Ground Loop Heat Transfer System o Concrete vs. Asphalt and White Roof for heat reflectivity o South facing for ambient light to reduce interior lighting o Low E glass and shaded windows to minimize cooling needs • Ski Museum o Located in Olympic Park o Free admission o Simple exhibits with interactive element o Skiing and avalanche simulators ~ o Olympic displays o Pinball games for kids o Building exterior etched glass panels double as decoration and could be considered in Vail for Art in Public Places • Council Chambers and Municipal Building o Housed in historic school buildings ` o Space is open and large . Possible Action Steps • Foster improved relationships and create synergy between Town of Vail and Vail . Resorts • Explore steps to encourage a more viable chamber system that takes a greater role in bringing people to retail/restaurant businesses and with special events • Continue to explore ways to fund housing programs • Acknowledge the importance of guest service throughout the town and resort as it relates to transportation, parking and the overall experience. • Explore potential for Vail Leadership Program modeled after Park City • • Acknowledge the good things going on in Vail • Begin planning for Vail's 501h anniversary • Continue peer resort trips to experience competition and share best practices MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 6, 2008 SUBJECT: Second reading of Ordinance No. 8, Series of 2008, an Ordinance amending Chapter 12-3, Administration and Enforcement, Vail Town Code, to establish procedures for approving public art in private development, and setting forth details in.regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. DESCRIPTIOiV OF REQUEST The applicant, the Town of Vail, is requesting a second reading of Ordinance No. 8, Series of 2008, an Ordinance amending Chapter 12-3, Administration and Enforcement, Vail Town Code, to establish procedures for approving public art in private development, and setting forth details in regard thereto. The Vail Town Council can choose to approve, approve with modifications, or deny Ordinance No. 8, Series of 2008, on second reading. Based upon Staff's review of the criteria outlined in Section V of the Planning and Environmental Commission memorandum dated March 10, 2008 and the evidence and testimony presented, the Community Development Department recommends the Vail Town Council approve Ordinance No. 8, Series of 2008, subject to the findings noted in Section III of this memorandum. 111. BACKGROUND On October 22, 2007, the PEC voted to recommend denial to the Vail Town Council for proposed text amendments that required public art for certain development projects. On November 20, 2007, the Vail Town Council voted 4-3 to deny Ordinance No. 33, Series of 2007, which would have codified those requirements. The Vail Town Council directed Staff to propose text amendments that only include basic requirements and procedures for review of public art. The current proposed text amendments are based on the previous request, with requirements for. public art omitted, per the Town Council's request. On March 10, 2008, the PEC voted unanimously to recommend approval of the text amendments. On April 15, 2008, the Vail Town Council unanimously approved Ordinance No. 8, Series of 2008, upon first reading. ~ III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approve Ordinance No. 8, Series of 2008, an ordinance amending Chapter 12-3, Administration and Enforcement, Vail Town Code, to establish procedures for approving public art in private development, and.setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section V of the Planning and Environmental Commission memorandum dated March 10, 2008, and the evidence and testimony presented. Should the Vail Town Council choose to approve these proposed text amendments, the Community Development Department recommends the Council make a motion to approve Ordinance No 8, Series of 2008, with the following findings incorporated: "1. That fhe amendments are consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the developmenf objectives of the Town, and - 2. That the amendments further the general purpose of Title- 12, Zoning Regulations, Vail Town Code; and 3. That the amendments promote the, health, safety, morals, and general ` welfare of the Town and promote the coordinated and harmonious development of the Town in a manner thaf conserves and enhances its natural environment and its established characfer as a resort and residential community of the highest quality." IV. ATTACHMENTS A. Ordinance No. 8, Series of 2008 - 2 Attachment A ORDINANCE NO. 8 SERIES OF 2008 ORDINANCE NO. 8, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT, VAIL TOWN CODE, TO ESTABLISH PROCEDURES FOR APPROVING PUBLIC ART IN PRIVATE DEVELOPMENT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community; and WHEREAS, the presence of and access to public art enlivens the pub(ic areas of buildings and their grounds and makes them more welcoming; and WHEREAS, the aesthetic value of public art mitigates the negative impacts that development has on the Town; and WHEREAS, Town of Vail seeks to clarify procedures for mitigation of development impacts through public art in private development; and WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vai( Town Council finds that the proposed 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, in order to establish procedures for reviewing public art in private development that is considered a mitigation of development impacts (Text that is to be deleted is StF+sken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 8, Series of 2008 1 Section 2. Section 12-212 is hereby amended as follows: 12-2-2: Defrnitions Of Words and Terms: , ART IN PUBLIC PLACES BOARD,(A/PPB): The Art In Public Places Board established pursuant to Chapter 3-3 of the Vail Town Code. LIMITED EDITION: One of no more than nine copies produced from an original artist's mold. PUBLIC ART: Any original creation of artwork that is accessible to the general public. Section 3. Section 12-3-3 is hereby amended as follows: 12-3-3: Appea/s C.Appeal Of Planning And Environmental Commission Decisions, And Design Review Board Decisions and Art in Public Places Board Decisions: 9. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public Places Board . with ` respect to the -provisions of this title and the standards and procedures hereinafler set forth. - • 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public P/aces Board with respect to this title. "Aggrieved. or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrafor shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the town council shall; at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant lf the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or • determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the Art in Public P/aces Boacd by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's decision or the Art in Public Places Board's decision becoming final. !f the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of fhe appellant, applicanf, property owner, and adjacent property owners (the list of properiy owners within a condominium Ordinance No. 8, Series of 2008 2 ' project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the planning and environmental commission or the design review board or the Art in Public P/aces Board to forward to the town council at the next regularly scheduled meeting a summary of all records conceming the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, " and adjacent property owners (notification within a condominium project shall be , satisfied by notifying fhe managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled 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 fo al/ow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapfer to appeal any interpretation or determination made by the planning and environmental commission or the design review board or the Art in Public Places Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit . activify and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public P/aces Board) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly schedu/ed meeting of the planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public P/aces Board) shall on all appeals make specifrc findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal to a p/anning and environmental commission or design review board . decision or Art in Public Places Board decision. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. Section 4. Chapter 12-25 is hereby added as follows: 12-25: Public Art: 12-25-1: Purpose: The purpose of this Chapter is to establish guidelines, procedures and standards for the integration of public art into development projecfs in the Town. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes Ordinance No. 8, Series of 2008 3 - ~ vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. 12-25-2: Applicability: This Chapter shall apply to projects that have a public art component in the approved development plan, as part of a Special Development District or an exferior alteration or modification in the Public Accommodations -(PA), Public Accommodations 2(PA-2), Lionshead Mixed Use 1(LMU-1), Lionshead Mixed Use 2(LMU-2) and Ski Base Recreation 2(SBR2) Districts. 12-25-3: Public Art Requirements: A. Eligible Public Art: The following, when produced in limited edition, shall be considered eligible as public art: (1) Attached or site-integrated art elements such as passageways, bridges, sfreet furniture, paving materials or artistic features within a garden; (2) Mosaics, painted murals; or terrazzo covering walls; floors and passageways; (3) Independent or freestanding sculpture; . (4) Interdisciplinary artwork including the written word, glass, photography, sound, video or any other multi-media works of art appropriate for the site; (5) Earthworks or the integration of natural and man-made materials in the landscape; (6) Fountains and water features; - (7) Works that are decorative, ornamental or functional elements of the architecture and that contemporary approaches sculpture, site furnishings, . earthwork etc. are welcomed; or (8) Any other project deemed eligible by the A/PPB. B. Ineligible Public Art: The following shall not be eligible as public art: (1) Reproductions or unlimited editions of..origina/ work; (2) Directional elements such as super-graphics, signage, or graphic elements already part of the project; or (3) Business or corporate /ogos or signage. C. Professional Arfist: The public art project shall be designed by an artist that meets af least fwo of the following criteria, provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, understanding of inealiums and relationship of artwork to the site may be acceptab/e at the discretion of the AIPPB. (1) The artist has obfained a Bache/or of Fine Art or Master of Fine Art from an - accredited college or university. (2) The artist has exhibition,experience in a professional conteact (i.e: galleries, museum, art centers, or other exhibit venues). Ordinance No. 8, Series of 2008 4 ~ (3) The artist has received 'peer recognition such as honorable mentions, awards, prizes, scholarships, appointments, or grants. (4) The artist is pursuing his/her work as a means of livelihood and/or a way to achieve the highest level of professional recognition. (5) The artist's work has been discussed in a published writing. (6) The artisYs artwork has been held in public or private collections. D. Location: Public art shall be installed in a/ocation thaf is open to the public and is visible from a pedestrian or vehicular way. Locations include, but are not limited to, community hubs or gathering p/aces, portals, entrances or gateways, adjacent to sidewalks, adjoining parks and plazas, integrated into the floors, walls and ceilings within public areas and high traffi-c areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town- owned property or right-of-way by the Vail Town Council. 12-25-4: Public Art Review: , A. Public Art Plan Required: When required public art, the applicant shall submit a public art plan for review by the Art in Public Places Board. The administrator may require the submission of additional plans, drawings, specifications, samp/es and other materials if deemed necessary to properly evaluate the proposal. The public arf plan shall include the following: (1) Site plan showing /ocation of art; (2) Elevations and/or renderings of the project including public art component; (3) Writfen description of proposed type of public art; (4) Project schedule, including project and public art installation schedule; (5) Representafions of the artwork (i.e, drawings, pictures of similar works by the artist); (6) Estimated public art budget, for purposes of determining the amount of . performance bond; and (7) A written description of the maintenance plan. ~ B. Final Review: Within thirty (30) days of submittal of the public art plan, the AIPPB shall review the public art plan at a regularly scheduled public hearing and shall make a determination of approval, approval with conditions oi modifications, or denial, based on the requirements in Subsection C of this Section. The Design Review Board shall not have purview over any aspect of the public art within the project. C. Criteria for Review of Public Art Plan: Prior fo approving a public art plan, fhe A/PPB shall find that the public art plan meets all of the following criteria: (1) Compatibility with the site: Works of art shall be confextual to the site, and be compatible in style, sca/e, material, form, and content with their surroundings, and should enhance the relationships between the natural and man-made features of the sife. (2) Location: The public art shall be viewable from public spaces, and shall be accessib/e fo the public. Ordinance No. 8, Series of 2008 5 ~ (3) Compatible with the architecture: Works of art that are decorative, ornamenta/ or functional elements of the architecfure shafl be confextual to the architectural design of the building(s). (4) Scale: The sca/e of the arfwork shafl be commensurate with the scale of the development or redevelopment project. (5) Public Safety: Public art shall not create safety issues. (6) Permanence: Public art that requires expensive or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism. D. Appeals: A/PPB decisions may be appealed in accordance with the provisions in Section 12-3-3, Appeals, Zoning Regulations. 12-25-5: Public Art Completion and Performance Bonds: All public art installations that are not comp/ete prior to issuance of a Cerfificate of Occupancy for the project will require a performance bond equal to 125% of the estimated cost of the public art outlined in the public art plan. The public art shall be insfalled as outlined in the approved public art plan within one year after issuance of Certificate of Occupancy for the project, or the Town may use the performance bond to complete the public art installation. Following installation, applicants shall schedule a final inspection - with the administrator. Upon a determination by fhe administrafor fhat the public art installation is complete and in compliance with this Code, the Town shaU re/ease the performance bond. 12-25-6: Maintenance: Public art shall be maintained as outlined in the public art plan. Maintenance of the public art shall be the so/e responsibility of fhe current property owner in perpetuity, and this obligation shafl be deemed to run with the ~ land. Failure to maintain public art in compliance with the public art plan shafl be considered a violation of this Chapter, subject to the penalties 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. Ordinance No. 8, Series of 2008 6 ~ i ' . INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15t' day of April, 2008 and a public hearing for second reading of this Ordinance set for the 6'h day of May, 2008, at 6:00 P.M. 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 6t' day of May, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk ` Ordinance No. 8, Series of 2008 7 ~A FEBRLTARY 2008 VAIL B ~JSINESS 1~E~TIEVV TO~OF tVK) April 15, 2008 Overall February sales tax increased 11.4°Io with Retail increasing 7.6%, Lodging increased 11.9°Io, Food and Beverage increased 13.7% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 15.7%. The Colorado Department of Revenue is holding two no-cost sales/use tax classes at the Vail Library in August. A Construction Industry tax class will be held on August 19, 2008 and a Hospitality Industry fax class will be held on August 20, 2008. For more information about the classes and information about class registratiori, which is required, please visit http://www.revenue.state.co.us/TPS dir/wrap.asp?incl=contractorclasses and http://www.revenue.state.co.us/TPS dir/wrap.asp?incl=hospitalitvclasses. 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.vailgov.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, Sally Lorton . Sales Tax Administrator February 2008 SALES TAX VAIL V/LLAGE February February February 2007 2008 % Collections Collections Chan e Retail 4059671 395,115 -2.6% Lodging 4829481 5379069 11.3% Food & Beverage 3809791 4029936 5.8% Other 99880 119579 17.2% Total 192789823 11346,699 5.3% LIONSHEAD February February February 2007 2008 % Collections Collections Chan e Retail 1349777 1859360 37.5% Lodging 3399800 3969811 16.8% Food & Beverage 869484 134,686 55.7% Other 119908 179105 43.6% Total 5729969 733,962 28.1 % * February 2008 SALES TAX CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL February February February 2007 2008 % Collections Collections Chan e Retail 195,855 211,895 8.2% Lodging 2615652 2725305 4.1% Food & Beverage 895044 95,427 7.2% Other 51815 35883 -33.2% Total 5529366 5839510 5.6% OUT OF TOWN February February February 2007 2008 % Collections Collections Chan e Retail 369726 399596 7.8% Lodging 53,265 659965 23.8% Food & Beverage 29363 29348 -0.6% Utilities & 2219873 2569188 15.5°/a Other Total 3149227 3649097 15.9°Io ~ February 2008 SALES TAX TOTAL February February February 2007 2008 % Coltect6ons Coilections Chan e Retail 7739029 8319966 7.6% Lodging 11137,198 19272,150 11.9% Food & Beverage 5589682 6359397 13.7% Utilities & 249,476 2889755 15.7% Other Total 29718,385 3,028,268 11.4% ~ . . , . 'I. 4' . . s' RET'AIL SUMMARY February February Februaiy . , 2007 ' 2008 _ % Collections Collections Chan e FOOD 142,154 149,820 5.4% LIQUOR 37,431 49,307 31.7% APPAREL 100,021 110,726 10.7% SPORT 351,477 392,494 11.7% JEWELRY 33,059 28,694 -13.2% GIFT 15,176 11,076 -27.0% GALLERY 8,660 7,390 -14.7% OTHER 84,605 81,896 -3.2% HOME 446 , 563 26.2% OCCUPATION ; TOTAL , 773,029 831,9.66 7.6% ~ MEMO1tANDUM Apri129, 2008 To: Vail Town Council Stan Zemler Pam Brandmeyer , Judy Camp From: Sally Lorton Re: March Sales Tax On the reverse side please fmd the latest sales tax worksheet. I estimate I'll collect . another $53,000.00 in Mazch sales tax to bring March collections to $3,333,206.04. If so, we will be up 11.61 % or $346,760.00 from Mazch 2007 and up 5.29% or $167,598.00 from budget. The ski season so far; November - March, will be up 7.3% or $885,502.00. Mazch 2008 lift tax is $870,358.00, up 16.93% or $126,048.00 from March 2007. For the ski season, November - March, lift tax is up 7.7% or $215,571.00. Town of Vail Sales Tsx Worksheet aizsiaooa • . ' % CMnys % CMnye IOOB Budyst /ran linm Month 1997 1996 1998 2000 2001 2002 2003 3004 2005 ' IOOB 2007 Budpst CO//eCUOIIS VsAsnes 2007 Budgst ; , , . ~ ~ ~ Janua 2,052,589 2,115,359 2.068,469 2,034,529 2,210,547 2,073,481 1,997,097 2,226,841 2,275,987 2,697,985 2,783,306 2,857,079 2,973,821 116,542 6.84% 4.08% February 2,089,673 2,153,121 2,021,488 2,223,670 2,386,321 2,281,833 2,111,183 2,362,825 2,429;377 2,627;130 2,718,643 2,790,702 3,068,162 277,460 12.86% 9.94% March 2,580.992 2,388,077 2,415,202 2,545,573 2,588,871 2,699,884 2,372,942 2,344,178 2,785,101 2,852,954 2,986,448 3,186,608 3,280,208 114,598 9.84% 3.82% . ~ , . , . : - . TM . . x _ _ . ~ . Totel 6,723,234 6,636,557 6,603,747 8,803,772 7,145,739 7,054,978 6,481,196 6,932,844 7,490,445 7,978,069 8,488,395 8,813,389 9,321,989 608,600 9.82% 5.77% , . ~ . . " April 874,427 1,107,334 952,843 926.771 1,043,431 870,875 871,468 992,157 975,554 1,280,324 1,330,740 1,286,005 May 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458,770 449,283 545,874 560,317 June 630,366 633,400 692,811 721,774 751,439 867,707 742,755 732,113 834,973 805,362 953,017 978,261 Juty 7,043,637 1,107,882 1,130,883 7,235,470 1,157,887 1,044,968 1,075,532 1,128,514 1,168.783 1,255,243 1,265,781 1.299,143 August 1,073,430 7,183,926 1.050,004 1,036,516 7,124,275 1,084,318 7,029,446 994,445 993,985 1,055,614 1,162,746 1,193,373 Se tember 637,831 736,608 806,600 817,313 747,768 713,574 879,208 757,033 795,807 832,549 908,318 932,237 October 472,836 515,531 636,204 547,201 488,570 484,425 508,092 532,637 566,173 614,396 888,519 704,751 November 707,188 858,596 582,280 691,445 677,783 842,293 591,289 823,848 713,117 799,582 747,877 790,281 December 2,254,709 2,070,834 1,883,805 2,082.205 1,933,940 2,139,417 2,171,098 _ 2,382,095 2,549,032 2,771,268 2,821,871 2,882,263 q- ~ Total 14, 747,419 15,030, 386 14, 509,421 15, 232, 588 15,41 1,044 16,106, 801 14, 578,983 15,466,979 18,483, 979 17,841,680 18, 913,138 19,400,000 Apri126, 2008 Dear Vail Fire Department, THANK YOU, THANK YOU, Kerry & I are so grateful for each of you. Being a homeowner at the Ranch of the Roaring Fork for over 24 years we have so much to be Thankful for. In all these years we have owned our home at the Ranch we had never thought much about a fire burning out of control on the Ranch praperly and endangering so many homes. We have seen high water each year and even a flood due to the Roaring Fork River over flowing its banks 10 years ago, but never a fire. All of you aze HERO'S to us; you answered the call and came and placed your selves in danger to save the ranch property and the many homes that where in the greatest danger from this fire. When this fire jumped the river and started on the Ranch property Kerry & I where in Denver visiting our family. That same day so many of our friends stazted to cail us about the fire. They where very concerned for our safety and our home. . What a horrible helpless feeling we .had when the first call came and we heard the news. We wondered if we would have a home left to return too. All our family photos and personal items that make a whoie Iife full of inemories where left behind. Once more a big THANK YOU. We have learned from this horrible experience that we as home - owners need to make a plan and have it set in place if fire would ever endanger our home and property in the near future. Thank you for protecting the Ranch at the Roaring Fork and all the many homes. Sincerely, ~ Kerry & Corrie Karnan 0267 Stagecoach Drive Carbondale, CO. 81623 963-1049 TOWN OF VAIL ' REVENUE HIGHLIGHTS ' May l, 2008 Sales Taz When a11 sales tax returns are received for the month of Mazch, collections for the month are expected to be $3.3 million, up 12% from Mazch, 2007. The ski season so far (November - February) will be up 7.3%. For comparison, inflation as measured by the consumer price index was up 4.0% compared with the prior year. Use Tax Use tax collections began as of January 1, 2008. As of April 28, collections total $64,643. Construction Permit Fee Revenue Construction permit revenue currently totals $671.5K, up 5.8% from this time last year. The increase is due to major redevelopment projects, which make up 78% of the total. Construction permit fee revenue from non-major projects is-down 24% from this time last year. ' Real estate Transfer Tax (RETT) RETT collections through April 28, 2008, total $2.3 million. This amount is a 29°l0 increase from this time last year primarily due to recent sales of major redevelopment projects. Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and Vail Plaza account for 41 % of year-to-date 2008 collections. RETT collections from property transfers not related to major redevelopment projects dropped by 13% year-to-date as of April,, 200$ compared with 2007. 080501 Revenue Highlights - .1 -